{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-104.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-104.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-104.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-104.html"}],"law_id":71351,"edition_id":1,"section_id":71351,"structure_id":16358,"section_number":"63.2-104","catch_line":"Confidential records and information concerning social services; penalty","history":"Code 1950, \u00a7\u00a7 63-41, 63-140, 63-140.15, 63-161, 63-204, 63-220, 63-246; 1958, c. 433; 1962, c. 621; 1968, cc. 43, 578, \u00a7\u00a7 63.1-34, 63.1-126, 63.1-209; 1972, c. 540; 1976, c. 365; 1977, c. 547, \u00a7 63.1-55.4; 1979, cc. 218, 666; 1981, c. 456; 1983, c. 604; 1986, c. 213; 1988, cc. 151, 898; 1994, c. 643; 2000, cc. 500, 830; 2001, cc. 503, 518; 2002, c. 747; 2022, cc. 63, 64.","full_text":"A\n\nThe records, information and statistical registries of the Department, local departments and of all child-welfare agencies concerning social services to or on behalf of individuals shall be confidential information, provided that the Commissioner, the Board and their agents shall have access to such records, information and statistical registries, and that such records, information and statistical registries may be disclosed to any person having a legitimate interest in accordance with state and federal law and regulation.\n\t\t\tA person having a legitimate interest in child-protective services records and records involving a child receiving foster care services as defined in § 16.1-228 includes the staff of (i) a court services unit, (ii) the Department of Juvenile Justice, (iii) a local community services board, or (iv) the Department of Behavioral Health and Developmental Services who are providing treatment, services, or care for a child who is the subject of such records for a purpose relevant to the provision of the treatment, services, or care when the local agencies have entered into a formal agreement with the Department of Juvenile Justice to provide coordinated services to such children. Such formal agreements may allow the local agencies and the Department of Juvenile Justice to immediately identify children who may be receiving or who have received treatment, services, or care from the local agencies and the Department of Juvenile Justice. Any court services unit or local community services board to which such records are disclosed in accordance with this paragraph shall not further disclose any information received unless such further disclosure is expressly required by law.\n\t\t\tThe model memorandum of understanding developed in accordance with § 66-10.3 may serve as the formal agreement that is required pursuant to this subsection, but any formal agreement that is entered into by the local agencies and the Department of Juvenile Justice shall be reviewed by the Office of the Attorney General before such agreement may take effect.\n\t\t\tIt is unlawful for any officer, agent or employee of any child-welfare agency; for the Commissioner, the State Board or their agents or employees; for any person who has held any such position; and for any other person to whom any such record or information is disclosed to disclose, directly or indirectly, any such confidential record or information, except as herein provided or pursuant to § 63.2-105. Every violation of this section shall constitute a Class 1 misdemeanor.B\n\nIf a request for a record or information concerning applicants for and recipients of social services is made to the Department or a local department by a person who does not have a legitimate interest, the Commissioner or local director shall not provide the record or information unless permitted by state or federal law or regulation.C\n\nThis section shall not apply to the disposition of adoption records, reports and information that is governed by the provisions of § 63.2-1246.","order_by":null,"text":{"0":{"id":257233,"text":"The records, information and statistical registries of the Department, local departments and of all child-welfare agencies concerning social services to or on behalf of individuals shall be confidential information, provided that the Commissioner, the Board and their agents shall have access to such records, information and statistical registries, and that such records, information and statistical registries may be disclosed to any person having a legitimate interest in accordance with state and federal law and regulation.\n\t\t\tA person having a legitimate interest in child-protective services records and records involving a child receiving foster care services as defined in § 16.1-228 includes the staff of (i) a court services unit, (ii) the Department of Juvenile Justice, (iii) a local community services board, or (iv) the Department of Behavioral Health and Developmental Services who are providing treatment, services, or care for a child who is the subject of such records for a purpose relevant to the provision of the treatment, services, or care when the local agencies have entered into a formal agreement with the Department of Juvenile Justice to provide coordinated services to such children. Such formal agreements may allow the local agencies and the Department of Juvenile Justice to immediately identify children who may be receiving or who have received treatment, services, or care from the local agencies and the Department of Juvenile Justice. Any court services unit or local community services board to which such records are disclosed in accordance with this paragraph shall not further disclose any information received unless such further disclosure is expressly required by law.\n\t\t\tThe model memorandum of understanding developed in accordance with § 66-10.3 may serve as the formal agreement that is required pursuant to this subsection, but any formal agreement that is entered into by the local agencies and the Department of Juvenile Justice shall be reviewed by the Office of the Attorney General before such agreement may take effect.\n\t\t\tIt is unlawful for any officer, agent or employee of any child-welfare agency; for the Commissioner, the State Board or their agents or employees; for any person who has held any such position; and for any other person to whom any such record or information is disclosed to disclose, directly or indirectly, any such confidential record or information, except as herein provided or pursuant to § 63.2-105. Every violation of this section shall constitute a Class 1 misdemeanor.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":257234,"text":"If a request for a record or information concerning applicants for and recipients of social services is made to the Department or a local department by a person who does not have a legitimate interest, the Commissioner or local director shall not provide the record or information unless permitted by state or federal law or regulation.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":257235,"text":"This section shall not apply to the disposition of adoption records, reports and information that is governed by the provisions of § 63.2-1246.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":16358,"edition_id":1,"name":"General Provisions","identifier":"1","label":"chapter","depth":3,"order_by":1,"parent_id":12790,"metadata":{},"date_created":"2026-06-26 04:14:55","date_modified":"2026-06-26 04:14:55","permalink":{"id":270665,"object_type":"structure","relational_id":16358,"identifier":"1","token":"63.2\/I\/1","url":"\/63.2\/I\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12790,"edition_id":1,"name":"General Provisions Relating to Social Services","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12789,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":270663,"object_type":"structure","relational_id":12790,"identifier":"I","token":"63.2\/I","url":"\/63.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12789,"edition_id":1,"name":"Welfare (Social Services)","identifier":"63.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":270661,"object_type":"structure","relational_id":12789,"identifier":"63.2","token":"63.2","url":"\/63.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":72379,"structure_id":16358,"section_number":"63.2-100","catch_line":"Definitions","url":"\/63.2-100\/","token":"63.2\/I\/1\/63.2-100","metadata":false},{"id":82017,"structure_id":16358,"section_number":"63.2-100.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/63.2-100.1\/","token":"63.2\/I\/1\/63.2-100.1","metadata":false},{"id":68010,"structure_id":16358,"section_number":"63.2-101","catch_line":"Authority of Department to request and receive information from other agencies; use of information so obtained; provide access to information for medical assistance eligibility purposes","url":"\/63.2-101\/","token":"63.2\/I\/1\/63.2-101","metadata":false},{"id":72691,"structure_id":16358,"section_number":"63.2-102","catch_line":"Allowing access to records and information for public assistance programs and child support enforcement; penalty","url":"\/63.2-102\/","token":"63.2\/I\/1\/63.2-102","metadata":false},{"id":68267,"structure_id":16358,"section_number":"63.2-103","catch_line":"Confidential records and information concerning child support enforcement","url":"\/63.2-103\/","token":"63.2\/I\/1\/63.2-103","metadata":false},{"id":71351,"structure_id":16358,"section_number":"63.2-104","catch_line":"Confidential records and information concerning social services; penalty","url":"\/63.2-104\/","token":"63.2\/I\/1\/63.2-104","metadata":false},{"id":75177,"structure_id":16358,"section_number":"63.2-104.1","catch_line":"Confidentiality of records of persons receiving domestic and sexual violence services","url":"\/63.2-104.1\/","token":"63.2\/I\/1\/63.2-104.1","metadata":false},{"id":67203,"structure_id":16358,"section_number":"63.2-105","catch_line":"Confidential records and information concerning social services; child-protective services and child-placing agencies","url":"\/63.2-105\/","token":"63.2\/I\/1\/63.2-105","metadata":false},{"id":82118,"structure_id":16358,"section_number":"63.2-106","catch_line":"Failure to obey subpoena or charging illegal fees; penalty","url":"\/63.2-106\/","token":"63.2\/I\/1\/63.2-106","metadata":false}],"previous_section":{"id":68267,"structure_id":16358,"section_number":"63.2-103","catch_line":"Confidential records and information concerning child support enforcement","url":"\/63.2-103\/","token":"63.2\/I\/1\/63.2-103","metadata":false},"next_section":{"id":75177,"structure_id":16358,"section_number":"63.2-104.1","catch_line":"Confidentiality of records of persons receiving domestic and sexual violence services","url":"\/63.2-104.1\/","token":"63.2\/I\/1\/63.2-104.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-104\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 16 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1958, chapter 433; in 1962, chapter 621; in 1968, chapters 43 and 578; in 1972, chapter 540; in 1976, chapter 365; in 1977, chapter 547; in 1979, chapters 218 and 666; in 1981, chapter 456; in 1983, chapter 604; in 1986, chapter 213; in 1988, chapters 151 and 898; in 1994, chapter 643<\/a>; in 2000, chapters 500<\/a> and 830<\/a>; in 2001, chapters 503<\/a> and 518<\/a>; in 2002, chapter 747<\/a>; in 2022, chapters 63<\/a> and 64<\/a>.<\/p>","references":[{"id":69022,"section_number":"63.2-1503","catch_line":"Local departments to establish child-protective services; duties","order_by":null,"url":"\/63.2-1503\/"},{"id":73140,"section_number":"63.2-1505","catch_line":"Investigations by local departments","order_by":null,"url":"\/63.2-1505\/"},{"id":84089,"section_number":"63.2-1605","catch_line":"Protective services for adults by local departments","order_by":null,"url":"\/63.2-1605\/"},{"id":56944,"section_number":"63.2-1612","catch_line":"Responsibilities of Department; domestic violence prevention and services","order_by":null,"url":"\/63.2-1612\/"}],"refers_to":[{"id":63788,"section_number":"16.1-228","catch_line":"Definitions","order_by":null,"url":"\/16.1-228\/"},{"id":67203,"section_number":"63.2-105","catch_line":"Confidential records and information concerning social services; child-protective services and child-placing agencies","order_by":null,"url":"\/63.2-105\/"},{"id":83198,"section_number":"63.2-1246","catch_line":"Disposition of reports; disclosure of information as to identity of birth family","order_by":null,"url":"\/63.2-1246\/"},{"id":75092,"section_number":"66-10.3","catch_line":"Guidelines and policies and procedures for sharing information derived from juvenile records","order_by":null,"url":"\/66-10.3\/"}],"permalink":{"id":270687,"object_type":"law","relational_id":71351,"identifier":"63.2-104","token":"63.2\/I\/1\/63.2-104","url":"\/63.2-104\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-104\/","token":"63.2\/I\/1\/63.2-104","dublin_core":{"Title":"Confidential records and information concerning social services; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-104","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The records, information and statistical registries of the Department<\/span>, local departments<\/span> and of all child<\/span>-welfare agencies concerning social services<\/span> to or on behalf of individuals shall be confidential information, provided that the Commissioner<\/span>, the Board<\/span> and their agents shall have access to such records, information and statistical registries, and that such records, information and statistical registries may be disclosed to any person having a legitimate interest in accordance with state and federal law<\/span> and regulation.\n\t\t\tA person having a legitimate interest in child<\/span>-protective services<\/span> records and records involving a child<\/span> receiving foster care services as defined in § 16.1-228<\/a> includes the staff of (i) a court<\/span> services unit, (ii) the Department<\/span> of Juvenile Justice, (iii) a local community services<\/span> board<\/span>, or (iv) the Department<\/span> of Behavioral Health and Developmental Services who are providing treatment, services, or care for a child<\/span> who is the subject of such records for a purpose relevant to the provision of the treatment, services, or care when the local agencies have entered into a formal agreement with the Department<\/span> of Juvenile Justice to provide coordinated services to such children. Such formal agreements may allow the local agencies and the Department<\/span> of Juvenile Justice to immediately identify children who may be receiving or who have received treatment, services, or care from the local agencies and the Department<\/span> of Juvenile Justice. Any court<\/span> services unit or local community services<\/span> board<\/span> to which such records are disclosed in accordance with this paragraph shall not further disclose any information received unless such further disclosure is expressly required by law<\/span>.\n\t\t\tThe model memorandum<\/span> of understanding developed in accordance with § 66-10.3<\/a> may serve as the formal agreement that is required pursuant to this subsection, but any formal agreement that is entered into by the local agencies and the Department<\/span> of Juvenile Justice shall be reviewed by the Office of the Attorney General<\/span> before such agreement may take effect.\n\t\t\tIt is unlawful for any officer, agent or employee of any child<\/span>-welfare agency<\/span>; for the Commissioner<\/span>, the State Board<\/span> or their agents or employees; for any person who has held any such position; and for any other person to whom any such record or information is disclosed to disclose, directly or indirectly, any such confidential record or information, except as herein provided or pursuant to § 63.2-105<\/a>. Every violation of this section shall constitute a Class 1 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If a request for a record or information concerning applicants for and recipients of social services<\/span> is made to the Department or a local department<\/span> by a person who does not have a legitimate interest, the Commissioner<\/span> or local director<\/span> shall not provide the record or information unless permitted by state or federal law<\/span> or regulation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> This section shall not apply to the disposition<\/span> of adoption records, reports and information that is governed by the provisions of § 63.2-1246<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONFIDENTIAL RECORDS AND INFORMATION CONCERNING SOCIAL SERVICES; PENALTY (\u00a7\n63.2-104)\n\nA. The records, information and statistical registries of the Department, local\ndepartments and of all child-welfare agencies concerning social services to or\non behalf of individuals shall be confidential information, provided that the\nCommissioner, the Board and their agents shall have access to such records,\ninformation and statistical registries, and that such records, information and\nstatistical registries may be disclosed to any person having a legitimate\ninterest in accordance with state and federal law and regulation.\n\t\t\tA person having a legitimate interest in child-protective services records\nand records involving a child receiving foster care services as defined in\n§ 16.1-228 includes the staff of (i) a court services unit, (ii) the\nDepartment of Juvenile Justice, (iii) a local community services board, or (iv)\nthe Department of Behavioral Health and Developmental Services who are providing\ntreatment, services, or care for a child who is the subject of such records for\na purpose relevant to the provision of the treatment, services, or care when the\nlocal agencies have entered into a formal agreement with the Department of\nJuvenile Justice to provide coordinated services to such children. Such formal\nagreements may allow the local agencies and the Department of Juvenile Justice\nto immediately identify children who may be receiving or who have received\ntreatment, services, or care from the local agencies and the Department of\nJuvenile Justice. Any court services unit or local community services board to\nwhich such records are disclosed in accordance with this paragraph shall not\nfurther disclose any information received unless such further disclosure is\nexpressly required by law.\n\t\t\tThe model memorandum of understanding developed in accordance with §\n66-10.3 may serve as the formal agreement that is required pursuant to this\nsubsection, but any formal agreement that is entered into by the local agencies\nand the Department of Juvenile Justice shall be reviewed by the Office of the\nAttorney General before such agreement may take effect.\n\t\t\tIt is unlawful for any officer, agent or employee of any child-welfare\nagency; for the Commissioner, the State Board or their agents or employees; for\nany person who has held any such position; and for any other person to whom any\nsuch record or information is disclosed to disclose, directly or indirectly, any\nsuch confidential record or information, except as herein provided or pursuant\nto § 63.2-105. Every violation of this section shall constitute a Class 1\nmisdemeanor.\n\nB. If a request for a record or information concerning applicants for and\nrecipients of social services is made to the Department or a local department by\na person who does not have a legitimate interest, the Commissioner or local\ndirector shall not provide the record or information unless permitted by state\nor federal law or regulation.\n\nC. This section shall not apply to the disposition of adoption records, reports\nand information that is governed by the provisions of § 63.2-1246.\n\nHISTORY: Code 1950, \u00a7\u00a7 63-41, 63-140, 63-140.15, 63-161, 63-204, 63-220,\n63-246; 1958, c. 433; 1962, c. 621; 1968, cc. 43, 578, \u00a7\u00a7 63.1-34, 63.1-126,\n63.1-209; 1972, c. 540; 1976, c. 365; 1977, c. 547, \u00a7 63.1-55.4; 1979, cc. 218,\n666; 1981, c. 456; 1983, c. 604; 1986, c. 213; 1988, cc. 151, 898; 1994, c. 643;\n2000, cc. 500, 830; 2001, cc. 503, 518; 2002, c. 747; 2022, cc. 63, 64.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}