63.2-1514 - Retention of records in all reports; procedures regarding unfounded reports alleged to be made in bad faith or with malicious intent. - Virginia Statutes

§ 63.2-1514. Retention of records in all reports; procedures regardingunfounded reports alleged to be made in bad faith or with malicious intent.

A. The local department shall retain the records of all reports or complaintsmade pursuant to this chapter, in accordance with regulations adopted by theBoard. However, all records related to founded cases of child sexual abuseinvolving injuries or conditions, real or threatened, that result in or werelikely to have resulted in serious harm to a child shall be maintained by thelocal department for a period of 25 years from the date of the complaint.

B. The Department shall maintain a child abuse and neglect information systemthat includes a central registry of founded complaints, pursuant to §63.2-1515. The Department shall maintain all (i) unfounded investigations,(ii) family assessments, and (iii) reports or complaints determined to be notvalid in a record which is separate from the central registry and accessibleonly to the Department and to local departments for child-protectiveservices. The purpose of retaining these complaints or reports is to providelocal departments with information regarding prior complaints or reports. Inno event shall the mere existence of a prior complaint or report be used todetermine that a subsequent complaint or report is founded. The subject ofthe complaint or report is the person who is alleged to have committed abuseor neglect. The subject of the complaint or report shall have access to hisown record. The record of unfounded investigations and complaints and reportsdetermined to be not valid shall be purged one year after the date of thecomplaint or report if there are no subsequent complaints or reportsregarding the same child or the person who is the subject of the complaint orreport in that one year. The local department shall retain such records foran additional period of up to two years if requested in writing by the personwho is the subject of such complaint or report. The record of familyassessments shall be purged three years after the date of the complaint orreport if there are no subsequent complaints or reports regarding the samechild or the person who is the subject of the report in that three-yearperiod. The child-protective services records regarding the petitioner whichresult from such complaint or report shall be purged immediately by anycustodian of such records upon presentation to the custodian of a certifiedcopy of a court order that there has been a civil action that determined thatthe complaint or report was made in bad faith or with malicious intent. Afterpurging the records, the custodian shall notify the petitioner in writingthat the records have been purged.

C. At the time the local department notifies a person who is the subject of acomplaint or report made pursuant to this chapter that such complaint orreport is either an unfounded investigation or a completed family assessment,it shall notify him how long the record will be retained and of theavailability of the procedures set out in this section regarding reports orcomplaints alleged to be made in bad faith or with malicious intent. Uponrequest, the local department shall advise the person who was the subject ofan unfounded investigation if the complaint or report was made anonymously.However, the identity of a complainant or reporter shall not be disclosed.

D. Any person who is the subject of an unfounded report or complaint madepursuant to this chapter who believes that such report or complaint was madein bad faith or with malicious intent may petition the circuit court in thejurisdiction in which the report or complaint was made for the release tosuch person of the records of the investigation or family assessment. Suchpetition shall specifically set forth the reasons such person believes thatsuch report or complaint was made in bad faith or with malicious intent. Uponthe filing of such petition, the circuit court shall request and the localdepartment shall provide to the circuit court its records of theinvestigation or family assessment for the circuit court's in camera review.The petitioner shall be entitled to present evidence to support his petition.If the circuit court determines that there is a reasonable question of factas to whether the report or complaint was made in bad faith or with maliciousintent and that disclosure of the identity of the complainant would not belikely to endanger the life or safety of the complainant, it shall provide tothe petitioner a copy of the records of the investigation or familyassessment. The original records shall be subject to discovery in anysubsequent civil action regarding the making of a complaint or report in badfaith or with malicious intent.

(1988, c. 686, § 63.1-248.5:1; 1996, cc. 780, 791; 2000, c. 500; 2002, c.747; 2003, c. 634; 2005, c. 77; 2010, c. 334.)