63.2-1505 - Investigations by local departments. - Virginia Statutes

§ 63.2-1505. Investigations by local departments.

A. An investigation requires the collection of information necessary todetermine:

1. The immediate safety needs of the child;

2. The protective and rehabilitative services needs of the child and familythat will deter abuse or neglect;

3. Risk of future harm to the child;

4. Alternative plans for the child's safety if protective and rehabilitativeservices are indicated and the family is unable or unwilling to participatein services;

5. Whether abuse or neglect has occurred;

6. If abuse or neglect has occurred, who abused or neglected the child; and

7. A finding of either founded or unfounded based on the facts collectedduring the investigation.

B. If the local department responds to the report or complaint by conductingan investigation, the local department shall:

1. Make immediate investigation and, if the report or complaint was basedupon one of the factors specified in subsection B of § 63.2-1509, the localdepartment may file a petition pursuant to § 16.1-241.3;

2. Complete a report and transmit it forthwith to the Department, except thatno such report shall be transmitted in cases in which the cause to suspectabuse or neglect is one of the factors specified in subsection B of §63.2-1509 and the mother sought substance abuse counseling or treatment priorto the child's birth;

3. Consult with the family to arrange for necessary protective andrehabilitative services to be provided to the child and his family;

4. Petition the court for services deemed necessary including, but notlimited to, removal of the child or his siblings from their home;

5. Determine within 45 days if a report of abuse or neglect is founded orunfounded and transmit a report to such effect to the Department and to theperson who is the subject of the investigation. However, upon writtenjustification by the local department, such determination may be extended,not to exceed a total of 60 days. If through the exercise of reasonablediligence the local department is unable to find the child who is the subjectof the report, the time the child cannot be found shall not be computed aspart of the 45-day or 60-day period and documentation of such reasonablediligence shall be placed in the record;

6. If a report of abuse or neglect is unfounded, transmit a report to sucheffect to the complainant and parent or guardian and the person responsiblefor the care of the child in those cases where such person was suspected ofabuse or neglect; and

7. If a report of child abuse and neglect is founded, and the subject of thereport is a full-time, part-time, permanent, or temporary teacher in a schooldivision located within the Commonwealth, notify the relevant school board ofthe founded complaint. Any information exchanged for the purposes of thissubsection shall not be considered a violation of § 63.2-102, 63.2-104 or63.2-105.

C. Each local board may obtain and consider, in accordance with regulationsadopted by the Board, statewide criminal history record information from theCentral Criminal Records Exchange and results of a search of the child abuseand neglect central registry of any individual who is the subject of a childabuse or neglect investigation conducted under this section when there isevidence of child abuse or neglect and the local board is evaluating thesafety of the home and whether removal will protect a child from harm. Thelocal board also may obtain such a criminal records or registry search on alladult household members residing in the home where the individual who is thesubject of the investigation resides and the child resides or visits. If achild abuse or neglect petition is filed in connection with such removal, acourt may admit such information as evidence. Where the individual who is thesubject of such information contests its accuracy through testimony underoath in hearing before the court, no court shall receive or consider thecontested criminal history record information without certified copies ofconviction. Further dissemination of the information provided to the localboard is prohibited, except as authorized by law.

(2000, c. 500, § 63.1-248.6:01; 2002, c. 747; 2007, c. 495; 2008, c. 555.)