{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1514.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1514.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1514.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1514.html"}],"law_id":69881,"edition_id":1,"section_id":69881,"structure_id":16343,"section_number":"63.2-1514","catch_line":"Retention of records in all reports; procedures regarding unfounded reports alleged to be made in bad faith or with malicious intent","history":"1988, c. 686, \u00a7 63.1-248.5:1; 1996, cc. 780, 791; 2000, c. 500; 2002, c. 747; 2003, c. 634; 2005, c. 77; 2010, c. 334; 2020, c. 38.","full_text":"A\n\nThe local department shall retain the records of all reports or complaints made pursuant to this chapter, in accordance with regulations adopted by the Board. However, all records related to founded cases of child sexual abuse involving injuries or conditions, real or threatened, that result in or were likely to have resulted in serious harm to a child shall be maintained by the local department for a period of 25 years from the date of the complaint.B\n\nThe Department shall maintain a child abuse and neglect information system that 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 not valid in a record which is separate from the central registry and accessible only to the Department and to local departments for child-protective services. The purpose of retaining these complaints or reports is to provide local departments with information regarding prior complaints or reports. In no event shall the mere existence of a prior complaint or report be used to determine that a subsequent complaint or report is founded. The subject of the complaint or report is the person who is alleged to have committed abuse or neglect. The subject of the complaint or report shall have access to his own record. The record of unfounded investigations that involved reports of child abuse or neglect shall be purged three years after the date of the complaint or report if there are no subsequent complaints or reports regarding the same child or the person who is the subject of the complaint or report within such three-year period. Records of complaints and reports determined to be not valid shall be purged one year after the date of the complaint or report if there are no subsequent complaints or reports regarding the same child or the person who is the subject of the complaint or report in that one year. The local department shall retain such records for an additional period of up to two years if requested in writing by the person who is the subject of such complaint or report. The record of family assessments shall be purged three years after the date of the complaint or report if there are no subsequent complaints or reports regarding the same child or the person who is the subject of the report in that three-year period. The child-protective services records regarding the petitioner which result from such complaint or report shall be purged immediately by any custodian of such records upon presentation to the custodian of a certified copy of a court order that there has been a civil action that determined that the complaint or report was made in bad faith or with malicious intent. After purging the records, the custodian shall notify the petitioner in writing that the records have been purged.C\n\nAt the time the local department notifies a person who is the subject of a complaint or report made pursuant to this chapter that such complaint or report is either an unfounded investigation or a completed family assessment, it shall notify him how long the record will be retained and of the availability of the procedures set out in this section regarding reports or complaints alleged to be made in bad faith or with malicious intent. Upon request, the local department shall advise the person who was the subject of an unfounded investigation if the complaint or report was made anonymously. However, the identity of a complainant or reporter shall not be disclosed.D\n\nAny person who is the subject of an unfounded report or complaint made pursuant to this chapter who believes that such report or complaint was made in bad faith or with malicious intent may petition the circuit court in the jurisdiction in which the report or complaint was made for the release to such person of the records of the investigation or family assessment. Such petition shall specifically set forth the reasons such person believes that such report or complaint was made in bad faith or with malicious intent. Upon the filing of such petition, the circuit court shall request and the local department shall provide to the circuit court its records of the investigation 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 fact as to whether the report or complaint was made in bad faith or with malicious intent and that disclosure of the identity of the complainant would not be likely to endanger the life or safety of the complainant, it shall provide to the petitioner a copy of the records of the investigation or family assessment. The original records shall be subject to discovery in any subsequent civil action regarding the making of a complaint or report in bad faith or with malicious intent.","order_by":null,"text":{"0":{"id":252506,"text":"The local department shall retain the records of all reports or complaints made pursuant to this chapter, in accordance with regulations adopted by the Board. However, all records related to founded cases of child sexual abuse involving injuries or conditions, real or threatened, that result in or were likely to have resulted in serious harm to a child shall be maintained by the local department for a period of 25 years from the date of the complaint.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":252507,"text":"The Department shall maintain a child abuse and neglect information system that 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 not valid in a record which is separate from the central registry and accessible only to the Department and to local departments for child-protective services. The purpose of retaining these complaints or reports is to provide local departments with information regarding prior complaints or reports. In no event shall the mere existence of a prior complaint or report be used to determine that a subsequent complaint or report is founded. The subject of the complaint or report is the person who is alleged to have committed abuse or neglect. The subject of the complaint or report shall have access to his own record. The record of unfounded investigations that involved reports of child abuse or neglect shall be purged three years after the date of the complaint or report if there are no subsequent complaints or reports regarding the same child or the person who is the subject of the complaint or report within such three-year period. Records of complaints and reports determined to be not valid shall be purged one year after the date of the complaint or report if there are no subsequent complaints or reports regarding the same child or the person who is the subject of the complaint or report in that one year. The local department shall retain such records for an additional period of up to two years if requested in writing by the person who is the subject of such complaint or report. The record of family assessments shall be purged three years after the date of the complaint or report if there are no subsequent complaints or reports regarding the same child or the person who is the subject of the report in that three-year period. The child-protective services records regarding the petitioner which result from such complaint or report shall be purged immediately by any custodian of such records upon presentation to the custodian of a certified copy of a court order that there has been a civil action that determined that the complaint or report was made in bad faith or with malicious intent. After purging the records, the custodian shall notify the petitioner in writing that the records have been purged.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":252508,"text":"At the time the local department notifies a person who is the subject of a complaint or report made pursuant to this chapter that such complaint or report is either an unfounded investigation or a completed family assessment, it shall notify him how long the record will be retained and of the availability of the procedures set out in this section regarding reports or complaints alleged to be made in bad faith or with malicious intent. Upon request, the local department shall advise the person who was the subject of an unfounded investigation if the complaint or report was made anonymously. However, the identity of a complainant or reporter shall not be disclosed.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":252509,"text":"Any person who is the subject of an unfounded report or complaint made pursuant to this chapter who believes that such report or complaint was made in bad faith or with malicious intent may petition the circuit court in the jurisdiction in which the report or complaint was made for the release to such person of the records of the investigation or family assessment. Such petition shall specifically set forth the reasons such person believes that such report or complaint was made in bad faith or with malicious intent. Upon the filing of such petition, the circuit court shall request and the local department shall provide to the circuit court its records of the investigation 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 fact as to whether the report or complaint was made in bad faith or with malicious intent and that disclosure of the identity of the complainant would not be likely to endanger the life or safety of the complainant, it shall provide to the petitioner a copy of the records of the investigation or family assessment. The original records shall be subject to discovery in any subsequent civil action regarding the making of a complaint or report in bad faith or with malicious intent.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":16343,"edition_id":1,"name":"Records","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":13898,"metadata":{},"date_created":"2026-06-26 04:14:41","date_modified":"2026-06-26 04:14:41","permalink":{"id":271775,"object_type":"structure","relational_id":16343,"identifier":"3","token":"63.2\/III\/15\/3","url":"\/63.2\/III\/15\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13898,"edition_id":1,"name":"Child Abuse and Neglect","identifier":"15","label":"chapter","depth":3,"order_by":1,"parent_id":13897,"metadata":{},"date_created":"2026-06-26 03:46:14","date_modified":"2026-06-26 03:46:14","permalink":{"id":271709,"object_type":"structure","relational_id":13898,"identifier":"15","token":"63.2\/III\/15","url":"\/63.2\/III\/15\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13897,"edition_id":1,"name":"Social Services Programs","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12789,"metadata":{},"date_created":"2026-06-26 03:46:14","date_modified":"2026-06-26 03:46:14","permalink":{"id":271331,"object_type":"structure","relational_id":13897,"identifier":"III","token":"63.2\/III","url":"\/63.2\/III\/","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":69881,"structure_id":16343,"section_number":"63.2-1514","catch_line":"Retention of records in all reports; procedures regarding unfounded reports alleged to be made in bad faith or with malicious intent","url":"\/63.2-1514\/","token":"63.2\/III\/15\/3\/63.2-1514","metadata":false},{"id":67092,"structure_id":16343,"section_number":"63.2-1515","catch_line":"Central registry; disclosure of information","url":"\/63.2-1515\/","token":"63.2\/III\/15\/3\/63.2-1515","metadata":false}],"next_section":{"id":67092,"structure_id":16343,"section_number":"63.2-1515","catch_line":"Central registry; disclosure of information","url":"\/63.2-1515\/","token":"63.2\/III\/15\/3\/63.2-1515","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1514\/","history_text":"

This law was first created in 1988. The record of its establishment is cataloged in chapter 686 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. Unfortunately, the 1988 \u201cActs\u201d aren\u2019t available online. It has been modified 7 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 1996, chapters 780<\/a> and 791<\/a>; in 2000, chapter 500<\/a>; in 2002, chapter 747<\/a>; in 2003, chapter 634<\/a>; in 2005, chapter 77<\/a>; in 2010, chapter 334<\/a>; in 2020, chapter 38<\/a>.<\/p>","references":false,"refers_to":[{"id":67092,"section_number":"63.2-1515","catch_line":"Central registry; disclosure of information","order_by":null,"url":"\/63.2-1515\/"}],"permalink":{"id":271777,"object_type":"law","relational_id":69881,"identifier":"63.2-1514","token":"63.2\/III\/15\/3\/63.2-1514","url":"\/63.2-1514\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1514\/","token":"63.2\/III\/15\/3\/63.2-1514","dublin_core":{"Title":"Retention of records in all reports; procedures regarding unfounded reports alleged to be made in bad faith or with malicious intent","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1514","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The local department<\/span> shall retain the records of all reports or complaints made pursuant to this chapter, in accordance with regulations adopted by the Board<\/span>. However, all records related to founded cases of child<\/span> sexual abuse involving injuries or conditions, real or threatened, that result in or were likely to have resulted in serious harm to a child<\/span> shall be maintained by the local department<\/span> for a period of 25 years from the date of the complaint. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Department shall maintain a child<\/span> abuse and neglect information system that includes a central registry of founded complaints, pursuant to § 63.2-1515<\/a>. The Department shall maintain all (i) unfounded investigations, (ii) family assessments, and (iii) reports or complaints determined to be not valid in a record which is separate from the central registry and accessible only to the Department and to local departments<\/span> for child<\/span>-protective services<\/span>. The purpose of retaining these complaints or reports is to provide local departments<\/span> with information regarding prior complaints or reports. In no event shall the mere existence of a prior complaint or report be used to determine that a subsequent complaint or report is founded. The subject of the complaint or report is the person who is alleged to have committed abuse or neglect. The subject of the complaint or report shall have access to his own record. The record of unfounded investigations that involved reports of child<\/span> abuse or neglect shall be purged three years after the date of the complaint or report if there are no subsequent complaints or reports regarding the same child<\/span> or the person who is the subject of the complaint or report within such three-year period. Records of complaints and reports determined to be not valid shall be purged one year after the date of the complaint or report if there are no subsequent complaints or reports regarding the same child<\/span> or the person who is the subject of the complaint or report in that one year. The local department<\/span> shall retain such records for an additional period of up to two years if requested in writing by the person who is the subject of such complaint or report. The record of family assessments shall be purged three years after the date of the complaint or report if there are no subsequent complaints or reports regarding the same child<\/span> or the person who is the subject of the report in that three-year period. The child<\/span>-protective services<\/span> records regarding the petitioner which result from such complaint or report shall be purged immediately by any custodian of such records upon presentation to the custodian of a certified copy of a court order<\/span> that there has been a civil action<\/span> that determined that the complaint or report was made in bad faith or with malicious<\/span> intent<\/span>. After purging the records, the custodian shall notify the petitioner in writing that the records have been purged. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> At the time the local department<\/span> notifies a person who is the subject of a complaint or report made pursuant to this chapter that such complaint or report is either an unfounded investigation or a completed family assessment, it shall notify him how long the record will be retained and of the availability of the procedures set out in this section regarding reports or complaints alleged to be made in bad faith or with malicious<\/span> intent<\/span>. Upon request, the local department<\/span> shall advise the person who was the subject of an unfounded investigation if the complaint or report was made anonymously. However, the identity of a complainant or reporter shall not be disclosed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any person who is the subject of an unfounded report or complaint made pursuant to this chapter who believes that such report or complaint was made in bad faith or with malicious<\/span> intent<\/span> may petition<\/span> the circuit<\/span> court in the jurisdiction<\/span> in which the report or complaint was made for the release to such person of the records of the investigation or family assessment. Such petition<\/span> shall specifically set forth the reasons such person believes that such report or complaint was made in bad faith or with malicious<\/span> intent<\/span>. Upon the filing of such petition<\/span>, the circuit<\/span> court shall request and the local department<\/span> shall provide to the circuit<\/span> court its records of the investigation or family assessment for the circuit<\/span> court’s in camera<\/span> review. The petitioner shall be entitled to present evidence<\/span> to support his petition<\/span>. If the circuit<\/span> court determines that there is a reasonable question of fact<\/span> as to whether the report or complaint was made in bad faith or with malicious<\/span> intent<\/span> and that disclosure of the identity of the complainant would not be likely to endanger the life or safety of the complainant, it shall provide to the petitioner a copy of the records of the investigation or family assessment. The original records shall be subject to discovery<\/span> in any subsequent civil action<\/span> regarding the making of a complaint or report in bad faith or with malicious<\/span> intent<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRETENTION OF RECORDS IN ALL REPORTS; PROCEDURES REGARDING UNFOUNDED REPORTS\nALLEGED TO BE MADE IN BAD FAITH OR WITH MALICIOUS INTENT (\u00a7 63.2-1514)\n\nA. The local department shall retain the records of all reports or complaints\nmade pursuant to this chapter, in accordance with regulations adopted by the\nBoard. However, all records related to founded cases of child sexual abuse\ninvolving injuries or conditions, real or threatened, that result in or were\nlikely to have resulted in serious harm to a child shall be maintained by the\nlocal department for a period of 25 years from the date of the complaint.\n\nB. The Department shall maintain a child abuse and neglect information system\nthat includes a central registry of founded complaints, pursuant to §\n63.2-1515. The Department shall maintain all (i) unfounded investigations, (ii)\nfamily assessments, and (iii) reports or complaints determined to be not valid\nin a record which is separate from the central registry and accessible only to\nthe Department and to local departments for child-protective services. The\npurpose of retaining these complaints or reports is to provide local departments\nwith information regarding prior complaints or reports. In no event shall the\nmere existence of a prior complaint or report be used to determine that a\nsubsequent complaint or report is founded. The subject of the complaint or\nreport is the person who is alleged to have committed abuse or neglect. The\nsubject of the complaint or report shall have access to his own record. The\nrecord of unfounded investigations that involved reports of child abuse or\nneglect shall be purged three years after the date of the complaint or report if\nthere are no subsequent complaints or reports regarding the same child or the\nperson who is the subject of the complaint or report within such three-year\nperiod. Records of complaints and reports determined to be not valid shall be\npurged one year after the date of the complaint or report if there are no\nsubsequent complaints or reports regarding the same child or the person who is\nthe subject of the complaint or report in that one year. The local department\nshall retain such records for an additional period of up to two years if\nrequested in writing by the person who is the subject of such complaint or\nreport. The record of family assessments shall be purged three years after the\ndate of the complaint or report if there are no subsequent complaints or reports\nregarding the same child or the person who is the subject of the report in that\nthree-year period. The child-protective services records regarding the\npetitioner which result from such complaint or report shall be purged\nimmediately by any custodian of such records upon presentation to the custodian\nof a certified copy of a court order that there has been a civil action that\ndetermined that the complaint or report was made in bad faith or with malicious\nintent. After purging the records, the custodian shall notify the petitioner in\nwriting that the records have been purged.\n\nC. At the time the local department notifies a person who is the subject of a\ncomplaint or report made pursuant to this chapter that such complaint or report\nis either an unfounded investigation or a completed family assessment, it shall\nnotify him how long the record will be retained and of the availability of the\nprocedures set out in this section regarding reports or complaints alleged to be\nmade in bad faith or with malicious intent. Upon request, the local department\nshall advise the person who was the subject of an unfounded investigation if the\ncomplaint or report was made anonymously. However, the identity of a complainant\nor reporter shall not be disclosed.\n\nD. Any person who is the subject of an unfounded report or complaint made\npursuant to this chapter who believes that such report or complaint was made in\nbad faith or with malicious intent may petition the circuit court in the\njurisdiction in which the report or complaint was made for the release to such\nperson of the records of the investigation or family assessment. Such petition\nshall specifically set forth the reasons such person believes that such report\nor complaint was made in bad faith or with malicious intent. Upon the filing of\nsuch petition, the circuit court shall request and the local department shall\nprovide to the circuit court its records of the investigation or family\nassessment for the circuit court’s in camera review. The petitioner shall\nbe entitled to present evidence to support his petition. If the circuit court\ndetermines that there is a reasonable question of fact as to whether the report\nor complaint was made in bad faith or with malicious intent and that disclosure\nof the identity of the complainant would not be likely to endanger the life or\nsafety of the complainant, it shall provide to the petitioner a copy of the\nrecords of the investigation or family assessment. The original records shall be\nsubject to discovery in any subsequent civil action regarding the making of a\ncomplaint or report in bad faith or with malicious intent.\n\nHISTORY: 1988, c. 686, \u00a7 63.1-248.5:1; 1996, cc. 780, 791; 2000, c. 500; 2002,\nc. 747; 2003, c. 634; 2005, c. 77; 2010, c. 334; 2020, c. 38.","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}}