{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-105.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-105.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-105.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-105.html"}],"law_id":67203,"edition_id":1,"section_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","history":"2001, c. 518, \u00a7 63.1-209.1; 2002, c. 747; 2004, cc. 114, 220; 2006, cc. 863, 914; 2022, cc. 63, 64.","full_text":"A\n\nThe local department may disclose the contents of records and information learned during the course of a child-protective services investigation or during the provision of child-protective services to a family, without a court order and without the consent of the family, to a person having a legitimate interest when in the judgment of the local department such disclosure is in the best interest of the child who is the subject of the records. Persons having a legitimate interest in child-protective services records of local departments include, but are not limited to, (i) any person who is responsible for investigating a report of known or suspected abuse or neglect or for providing services to a child or family that is the subject of a report, including multidisciplinary teams and family assessment and planning teams referenced in subsections J and K of § 63.2-1503, law-enforcement agencies and attorneys for the Commonwealth; (ii) child welfare or human services agencies of the Commonwealth or its political subdivisions when those agencies request information to determine the compliance of any person with a child-protective services plan or an order of any court; (iii) personnel of the school or child day program as defined in § 63.2-100 attended by the child so that the local department can receive information from such personnel on an ongoing basis concerning the child’s health and behavior, and the activities of the child’s custodian; (iv) a parent, grandparent, or any other person when such parent, grandparent or other person would be considered by the local department as a potential caretaker of the child in the event the local department has to remove the child from his custodian; (v) the Commitment Review Committee and the Office of the Attorney General for the purposes of sexually violent predator civil commitments pursuant to Chapter 9 (§ 37.2-900 et seq.) of Title 37.2; and (vi) the staff of (a) a court services unit, (b) the Department of Juvenile Justice, (c) a local community services board, or (d) 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, including the immediate identification of children who may be receiving or who have received treatment, services, or care from the local agencies and the Department of Juvenile Justice, when the local agencies have entered into a formal agreement with the Department of Juvenile Justice to provide coordinated services to such children, provided that 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\tWhenever a local department exercises its discretion to release otherwise confidential information to any person who meets one or more of these descriptions, the local department shall be presumed to have exercised its discretion in a reasonable and lawful manner.B\n\nAny person who has not been legally adopted in accordance with the provisions of this title and who was a child for whom all parental rights and responsibilities have been terminated, shall not have access to any information from a child-placing agency with respect to the identity of the biological family, except (i) upon application of the child who is 18 or more years of age, (ii) upon order of a circuit court entered upon good cause shown, and (iii) after notice to and opportunity for hearing by the applicant for such order and the child-placing agency or local board that had custody of the child.\n\t\t\tAn eligible person who is a resident of Virginia may apply for the court order provided for herein to (a) the circuit court of the county or city where the person resides or (b) the circuit court of the county or city where the principal office of the child-placing agency or local board that controls the information sought by the person is located. An eligible person who is not a resident of Virginia shall apply for such a court order to the circuit court of the county or city where the principal office of the child-placing agency or local board that controls the information sought by the person is located.\n\t\t\tIf the identity and whereabouts of the biological family are known to the agency or local board, the court may require the agency or local board to advise the biological parents of the pendency of the application for such order. In determining good cause for the disclosure of such information, the court shall consider the relative effects of such action upon the applicant for such order and upon the biological parents.","order_by":null,"text":{"0":{"id":243619,"text":"The local department may disclose the contents of records and information learned during the course of a child-protective services investigation or during the provision of child-protective services to a family, without a court order and without the consent of the family, to a person having a legitimate interest when in the judgment of the local department such disclosure is in the best interest of the child who is the subject of the records. Persons having a legitimate interest in child-protective services records of local departments include, but are not limited to, (i) any person who is responsible for investigating a report of known or suspected abuse or neglect or for providing services to a child or family that is the subject of a report, including multidisciplinary teams and family assessment and planning teams referenced in subsections J and K of § 63.2-1503, law-enforcement agencies and attorneys for the Commonwealth; (ii) child welfare or human services agencies of the Commonwealth or its political subdivisions when those agencies request information to determine the compliance of any person with a child-protective services plan or an order of any court; (iii) personnel of the school or child day program as defined in § 63.2-100 attended by the child so that the local department can receive information from such personnel on an ongoing basis concerning the child’s health and behavior, and the activities of the child’s custodian; (iv) a parent, grandparent, or any other person when such parent, grandparent or other person would be considered by the local department as a potential caretaker of the child in the event the local department has to remove the child from his custodian; (v) the Commitment Review Committee and the Office of the Attorney General for the purposes of sexually violent predator civil commitments pursuant to Chapter 9 (§ 37.2-900 et seq.) of Title 37.2; and (vi) the staff of (a) a court services unit, (b) the Department of Juvenile Justice, (c) a local community services board, or (d) 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, including the immediate identification of children who may be receiving or who have received treatment, services, or care from the local agencies and the Department of Juvenile Justice, when the local agencies have entered into a formal agreement with the Department of Juvenile Justice to provide coordinated services to such children, provided that 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\tWhenever a local department exercises its discretion to release otherwise confidential information to any person who meets one or more of these descriptions, the local department shall be presumed to have exercised its discretion in a reasonable and lawful manner.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":243620,"text":"Any person who has not been legally adopted in accordance with the provisions of this title and who was a child for whom all parental rights and responsibilities have been terminated, shall not have access to any information from a child-placing agency with respect to the identity of the biological family, except (i) upon application of the child who is 18 or more years of age, (ii) upon order of a circuit court entered upon good cause shown, and (iii) after notice to and opportunity for hearing by the applicant for such order and the child-placing agency or local board that had custody of the child.\n\t\t\tAn eligible person who is a resident of Virginia may apply for the court order provided for herein to (a) the circuit court of the county or city where the person resides or (b) the circuit court of the county or city where the principal office of the child-placing agency or local board that controls the information sought by the person is located. An eligible person who is not a resident of Virginia shall apply for such a court order to the circuit court of the county or city where the principal office of the child-placing agency or local board that controls the information sought by the person is located.\n\t\t\tIf the identity and whereabouts of the biological family are known to the agency or local board, the court may require the agency or local board to advise the biological parents of the pendency of the application for such order. In determining good cause for the disclosure of such information, the court shall consider the relative effects of such action upon the applicant for such order and upon the biological parents.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-105\/","history_text":"

This law was first created in 2001. The record of its establishment is cataloged in chapter 518<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 4 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 2002, chapter 747<\/a>; in 2004, chapters 114<\/a> and 220<\/a>; in 2006, chapters 863<\/a> and 914<\/a>; in 2022, chapters 63<\/a> and 64<\/a>.<\/p>","references":[{"id":55304,"section_number":"22.1-289.06","catch_line":"Confidential records and information; penalty","order_by":null,"url":"\/22.1-289.06\/"},{"id":71351,"section_number":"63.2-104","catch_line":"Confidential records and information concerning social services; penalty","order_by":null,"url":"\/63.2-104\/"},{"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":84089,"section_number":"63.2-1605","catch_line":"Protective services for adults by local departments","order_by":null,"url":"\/63.2-1605\/"}],"refers_to":[{"id":55224,"section_number":"37.2-900","catch_line":"Definitions","order_by":null,"url":"\/37.2-900\/"},{"id":72379,"section_number":"63.2-100","catch_line":"Definitions","order_by":null,"url":"\/63.2-100\/"},{"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":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":270695,"object_type":"law","relational_id":67203,"identifier":"63.2-105","token":"63.2\/I\/1\/63.2-105","url":"\/63.2-105\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-105\/","token":"63.2\/I\/1\/63.2-105","dublin_core":{"Title":"Confidential records and information concerning social services; child-protective services and child-placing agencies","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-105","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The local department<\/span> may disclose the contents of records and information learned during the course of a child<\/span>-protective services<\/span> investigation or during the provision of child<\/span>-protective services<\/span> to a family, without a court order<\/span> and without the consent of the family, to a person having a legitimate interest when in the judgment<\/span> of the local department<\/span> such disclosure is in the best interest of the child<\/span> who is the subject of the records. Persons having a legitimate interest in child<\/span>-protective services<\/span> records of local departments<\/span> include, but are not limited to, (i) any person who is responsible for investigating a report of known or suspected abuse or neglect or for providing services to a child<\/span> or family that is the subject of a report, including multidisciplinary teams and family assessment and planning teams referenced in subsections J and K of § 63.2-1503<\/a>, law<\/span>-enforcement agencies and attorneys for the Commonwealth; (ii) child<\/span> welfare or human services agencies of the Commonwealth or its political subdivisions when those agencies request information to determine the compliance of any person with a child<\/span>-protective services<\/span> plan or an order of any court; (iii) personnel of the school or child<\/span> day program as defined in § 63.2-100<\/a> attended by the child<\/span> so that the local department<\/span> can receive information from such personnel on an ongoing basis concerning the child<\/span>’s health and behavior, and the activities of the child<\/span>’s custodian; (iv) a parent, grandparent, or any other person when such parent, grandparent or other person would be considered by the local department<\/span> as a potential caretaker of the child<\/span> in the event the local department<\/span> has to remove the child<\/span> from his custodian; (v) the Commitment Review Committee and the Office of the Attorney General<\/span> for the purposes of sexually violent predator civil commitments pursuant to Chapter 9 (§ 37.2-900<\/a> et seq.) of Title 37.2; and (vi) the staff of (a) a court services unit, (b) the Department of Juvenile Justice, (c) a local community services<\/span> board<\/span>, or (d) the Department 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, including the immediate identification of children who may be receiving or who have received treatment, services, or care from the local agencies and the Department of Juvenile Justice, when the local agencies have entered into a formal agreement with the Department of Juvenile Justice to provide coordinated services to such children, provided that any court 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 of Juvenile Justice shall be reviewed by the Office of the Attorney General<\/span> before such agreement may take effect.\n\t\t\tWhenever a local department<\/span> exercises its discretion to release otherwise confidential information to any person who meets one or more of these descriptions, the local department<\/span> shall be presumed to have exercised its discretion in a reasonable and lawful manner. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person who has not been legally adopted in accordance with the provisions of this title and who was a child<\/span> for whom all parental rights and responsibilities have been terminated, shall not have access to any information from a child<\/span>-placing agency<\/span> with respect to the identity of the biological family, except (i) upon application of the child<\/span> who is 18 or more years of age, (ii) upon order of a circuit<\/span> court entered upon good cause shown, and (iii) after notice to and opportunity for hearing<\/span> by the applicant for such order and the child<\/span>-placing agency<\/span> or local board<\/span> that had custody<\/span> of the child<\/span>.\n\t\t\tAn eligible person who is a resident of Virginia may apply for the court order<\/span> provided for herein to (a) the circuit<\/span> court of the county or city where the person resides or (b) the circuit<\/span> court of the county or city where the principal office of the child<\/span>-placing agency<\/span> or local board<\/span> that controls the information sought by the person is located. An eligible person who is not a resident of Virginia shall apply for such a court order<\/span> to the circuit<\/span> court of the county or city where the principal office of the child<\/span>-placing agency<\/span> or local board<\/span> that controls the information sought by the person is located.\n\t\t\tIf the identity and whereabouts of the biological family are known to the agency or local board<\/span>, the court may require the agency or local board<\/span> to advise the biological parents of the pendency of the application for such order. In determining good cause for the disclosure of such information, the court shall consider the relative effects of such action upon the applicant for such order and upon the biological parents. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONFIDENTIAL RECORDS AND INFORMATION CONCERNING SOCIAL SERVICES;\nCHILD-PROTECTIVE SERVICES AND CHILD-PLACING AGENCIES (\u00a7 63.2-105)\n\nA. The local department may disclose the contents of records and information\nlearned during the course of a child-protective services investigation or during\nthe provision of child-protective services to a family, without a court order\nand without the consent of the family, to a person having a legitimate interest\nwhen in the judgment of the local department such disclosure is in the best\ninterest of the child who is the subject of the records. Persons having a\nlegitimate interest in child-protective services records of local departments\ninclude, but are not limited to, (i) any person who is responsible for\ninvestigating a report of known or suspected abuse or neglect or for providing\nservices to a child or family that is the subject of a report, including\nmultidisciplinary teams and family assessment and planning teams referenced in\nsubsections J and K of § 63.2-1503, law-enforcement agencies and attorneys\nfor the Commonwealth; (ii) child welfare or human services agencies of the\nCommonwealth or its political subdivisions when those agencies request\ninformation to determine the compliance of any person with a child-protective\nservices plan or an order of any court; (iii) personnel of the school or child\nday program as defined in § 63.2-100 attended by the child so that the\nlocal department can receive information from such personnel on an ongoing basis\nconcerning the child’s health and behavior, and the activities of the\nchild’s custodian; (iv) a parent, grandparent, or any other person when\nsuch parent, grandparent or other person would be considered by the local\ndepartment as a potential caretaker of the child in the event the local\ndepartment has to remove the child from his custodian; (v) the Commitment Review\nCommittee and the Office of the Attorney General for the purposes of sexually\nviolent predator civil commitments pursuant to Chapter 9 (§ 37.2-900 et\nseq.) of Title 37.2; and (vi) the staff of (a) a court services unit, (b) the\nDepartment of Juvenile Justice, (c) a local community services board, or (d) the\nDepartment 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,\nincluding the immediate identification of children who may be receiving or who\nhave received treatment, services, or care from the local agencies and the\nDepartment of Juvenile Justice, when the local agencies have entered into a\nformal agreement with the Department of Juvenile Justice to provide coordinated\nservices to such children, provided that any court services unit or local\ncommunity services board to which such records are disclosed in accordance with\nthis paragraph shall not further disclose any information received unless such\nfurther disclosure is expressly 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\tWhenever a local department exercises its discretion to release otherwise\nconfidential information to any person who meets one or more of these\ndescriptions, the local department shall be presumed to have exercised its\ndiscretion in a reasonable and lawful manner.\n\nB. Any person who has not been legally adopted in accordance with the provisions\nof this title and who was a child for whom all parental rights and\nresponsibilities have been terminated, shall not have access to any information\nfrom a child-placing agency with respect to the identity of the biological\nfamily, except (i) upon application of the child who is 18 or more years of age,\n(ii) upon order of a circuit court entered upon good cause shown, and (iii)\nafter notice to and opportunity for hearing by the applicant for such order and\nthe child-placing agency or local board that had custody of the child.\n\t\t\tAn eligible person who is a resident of Virginia may apply for the court\norder provided for herein to (a) the circuit court of the county or city where\nthe person resides or (b) the circuit court of the county or city where the\nprincipal office of the child-placing agency or local board that controls the\ninformation sought by the person is located. An eligible person who is not a\nresident of Virginia shall apply for such a court order to the circuit court of\nthe county or city where the principal office of the child-placing agency or\nlocal board that controls the information sought by the person is located.\n\t\t\tIf the identity and whereabouts of the biological family are known to the\nagency or local board, the court may require the agency or local board to advise\nthe biological parents of the pendency of the application for such order. In\ndetermining good cause for the disclosure of such information, the court shall\nconsider the relative effects of such action upon the applicant for such order\nand upon the biological parents.\n\nHISTORY: 2001, c. 518, \u00a7 63.1-209.1; 2002, c. 747; 2004, cc. 114, 220; 2006,\ncc. 863, 914; 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}}