{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1516.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1516.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1516.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1516.1.html"}],"law_id":57358,"edition_id":1,"section_id":57358,"structure_id":15044,"section_number":"63.2-1516.1","catch_line":"Investigation procedures when school employee is subject of the complaint or report; release of information in joint investigations","history":"2003, cc. 986, 1013.","full_text":"A\n\nExcept as provided in subsection B of this section, in cases where a child is alleged to have been abused or neglected by a teacher, principal or other person employed by a local school board or employed in a school operated by the Commonwealth, in the course of such employment in a nonresidential setting, the local department conducting the investigation shall comply with the following provisions in conducting its investigation:1\n\nThe local department shall conduct a face-to-face interview with the person who is the subject of the complaint or report.2\n\nAt the onset of the initial interview with the alleged abuser or neglector, the local department shall notify him in writing of the general nature of the complaint and the identity of the alleged child victim regarding the purpose of the contacts.3\n\nThe written notification shall include the information that the alleged abuser or neglector has the right to have an attorney or other representative of his choice present during his interviews. However, the failure by a representative of the Department of Social Services to so advise the subject of the complaint shall not cause an otherwise voluntary statement to be inadmissible in a criminal proceeding.4\n\nWritten notification of the findings shall be submitted to the alleged abuser or neglector. The notification shall include a summary of the investigation and an explanation of how the information gathered supports the disposition.5\n\nThe written notification of the findings shall inform the alleged abuser or neglector of his right to appeal.6\n\nThe written notification of the findings shall inform the alleged abuser or neglector of his right to review information about himself in the record with the following exceptions:\n\t\t\t\ta. The identity of the person making the report.\n\t\t\t\tb. Information provided by any law-enforcement official.\n\t\t\t\tc. Information that may endanger the well-being of the child.\n\t\t\t\td. The identity of a witness or any other person if such release may endanger the life or safety of such witness or person.B\n\nIn all cases in which an alleged act of child abuse or neglect is also being criminally investigated by a law-enforcement agency, and the local department is conducting a joint investigation with a law-enforcement officer in regard to such an alleged act, no information in the possession of the local department from such joint investigation shall be released by the local department except as authorized by the investigating law-enforcement officer or his supervisor or the local attorney for the Commonwealth.C\n\nFailure to comply with investigation procedures does not preclude a finding of abuse or neglect if such a finding is warranted by the facts.","order_by":null,"text":{"0":{"id":210229,"text":"Except as provided in subsection B of this section, in cases where a child is alleged to have been abused or neglected by a teacher, principal or other person employed by a local school board or employed in a school operated by the Commonwealth, in the course of such employment in a nonresidential setting, the local department conducting the investigation shall comply with the following provisions in conducting its investigation:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":210230,"text":"The local department shall conduct a face-to-face interview with the person who is the subject of the complaint or report.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":210231,"text":"At the onset of the initial interview with the alleged abuser or neglector, the local department shall notify him in writing of the general nature of the complaint and the identity of the alleged child victim regarding the purpose of the contacts.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":210232,"text":"The written notification shall include the information that the alleged abuser or neglector has the right to have an attorney or other representative of his choice present during his interviews. However, the failure by a representative of the Department of Social Services to so advise the subject of the complaint shall not cause an otherwise voluntary statement to be inadmissible in a criminal proceeding.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":210233,"text":"Written notification of the findings shall be submitted to the alleged abuser or neglector. The notification shall include a summary of the investigation and an explanation of how the information gathered supports the disposition.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":210234,"text":"The written notification of the findings shall inform the alleged abuser or neglector of his right to appeal.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":210235,"text":"The written notification of the findings shall inform the alleged abuser or neglector of his right to review information about himself in the record with the following exceptions:\n\t\t\t\ta. The identity of the person making the report.\n\t\t\t\tb. Information provided by any law-enforcement official.\n\t\t\t\tc. Information that may endanger the well-being of the child.\n\t\t\t\td. The identity of a witness or any other person if such release may endanger the life or safety of such witness or person.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"B"},"7":{"id":210236,"text":"In all cases in which an alleged act of child abuse or neglect is also being criminally investigated by a law-enforcement agency, and the local department is conducting a joint investigation with a law-enforcement officer in regard to such an alleged act, no information in the possession of the local department from such joint investigation shall be released by the local department except as authorized by the investigating law-enforcement officer or his supervisor or the local attorney for the Commonwealth.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A6","next_prefix":"C"},"8":{"id":210237,"text":"Failure to comply with investigation procedures does not preclude a finding of abuse or neglect if such a finding is warranted by the facts.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15044,"edition_id":1,"name":"Procedures","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":13898,"metadata":{},"date_created":"2026-06-26 03:51:44","date_modified":"2026-06-26 03:51:44","permalink":{"id":271785,"object_type":"structure","relational_id":15044,"identifier":"4","token":"63.2\/III\/15\/4","url":"\/63.2\/III\/15\/4\/","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":57461,"structure_id":15044,"section_number":"63.2-1516","catch_line":"Tape recording child abuse investigations","url":"\/63.2-1516\/","token":"63.2\/III\/15\/4\/63.2-1516","metadata":false},{"id":81554,"structure_id":15044,"section_number":"63.2-1516.01","catch_line":"Investigation procedures involving person who is the subject of complaint","url":"\/63.2-1516.01\/","token":"63.2\/III\/15\/4\/63.2-1516.01","metadata":false},{"id":57358,"structure_id":15044,"section_number":"63.2-1516.1","catch_line":"Investigation procedures when school employee is subject of the complaint or report; release of information in joint investigations","url":"\/63.2-1516.1\/","token":"63.2\/III\/15\/4\/63.2-1516.1","metadata":false},{"id":61486,"structure_id":15044,"section_number":"63.2-1517","catch_line":"Authority to take child into custody","url":"\/63.2-1517\/","token":"63.2\/III\/15\/4\/63.2-1517","metadata":false},{"id":83353,"structure_id":15044,"section_number":"63.2-1518","catch_line":"Authority to talk to child or sibling","url":"\/63.2-1518\/","token":"63.2\/III\/15\/4\/63.2-1518","metadata":false},{"id":62663,"structure_id":15044,"section_number":"63.2-1519","catch_line":"Physician-patient and spousal privileges inapplicable","url":"\/63.2-1519\/","token":"63.2\/III\/15\/4\/63.2-1519","metadata":false},{"id":78492,"structure_id":15044,"section_number":"63.2-1520","catch_line":"Photographs and X-rays of child; use as evidence","url":"\/63.2-1520\/","token":"63.2\/III\/15\/4\/63.2-1520","metadata":false},{"id":81084,"structure_id":15044,"section_number":"63.2-1521","catch_line":"Testimony by child using two-way closed-circuit television","url":"\/63.2-1521\/","token":"63.2\/III\/15\/4\/63.2-1521","metadata":false},{"id":66316,"structure_id":15044,"section_number":"63.2-1522","catch_line":"Admission of evidence of sexual acts with children","url":"\/63.2-1522\/","token":"63.2\/III\/15\/4\/63.2-1522","metadata":false},{"id":58382,"structure_id":15044,"section_number":"63.2-1523","catch_line":"Use of videotaped statements of complaining witnesses as evidence","url":"\/63.2-1523\/","token":"63.2\/III\/15\/4\/63.2-1523","metadata":false},{"id":73120,"structure_id":15044,"section_number":"63.2-1524","catch_line":"Court may order certain examinations","url":"\/63.2-1524\/","token":"63.2\/III\/15\/4\/63.2-1524","metadata":false},{"id":83345,"structure_id":15044,"section_number":"63.2-1525","catch_line":"Prima facie evidence for removal of child custody","url":"\/63.2-1525\/","token":"63.2\/III\/15\/4\/63.2-1525","metadata":false},{"id":79084,"structure_id":15044,"section_number":"63.2-1526","catch_line":"Appeals of certain actions of local departments","url":"\/63.2-1526\/","token":"63.2\/III\/15\/4\/63.2-1526","metadata":false}],"previous_section":{"id":81554,"structure_id":15044,"section_number":"63.2-1516.01","catch_line":"Investigation procedures involving person who is the subject of complaint","url":"\/63.2-1516.01\/","token":"63.2\/III\/15\/4\/63.2-1516.01","metadata":false},"next_section":{"id":61486,"structure_id":15044,"section_number":"63.2-1517","catch_line":"Authority to take child into custody","url":"\/63.2-1517\/","token":"63.2\/III\/15\/4\/63.2-1517","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1516.1\/","history_text":"

This law was first created in 2003. The record of its establishment is cataloged in chapters 986<\/a> and 1013<\/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.<\/p>","references":[{"id":66780,"section_number":"63.2-1511","catch_line":"Complaints of abuse and neglect against school personnel; interagency agreement","order_by":null,"url":"\/63.2-1511\/"},{"id":81554,"section_number":"63.2-1516.01","catch_line":"Investigation procedures involving person who is the subject of complaint","order_by":null,"url":"\/63.2-1516.01\/"}],"refers_to":false,"permalink":{"id":271795,"object_type":"law","relational_id":57358,"identifier":"63.2-1516.1","token":"63.2\/III\/15\/4\/63.2-1516.1","url":"\/63.2-1516.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1516.1\/","token":"63.2\/III\/15\/4\/63.2-1516.1","dublin_core":{"Title":"Investigation procedures when school employee is subject of the complaint or report; release of information in joint investigations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1516.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as provided in subsection B of this section, in cases where a child<\/span> is alleged to have been abused or neglected by a teacher, principal or other person employed by a local school board<\/span> or employed in a school operated by the Commonwealth, in the course of such employment in a nonresidential setting, the local department<\/span> conducting the investigation shall comply with the following provisions in conducting its investigation: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The local department<\/span> shall conduct a face-to-face interview with the person who is the subject of the complaint or report. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> At the onset of the initial interview with the alleged abuser or neglector, the local department<\/span> shall notify him in writing of the general nature of the complaint and the identity of the alleged child<\/span> victim regarding the purpose of the contacts. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The written notification shall include the information that the alleged abuser or neglector has the right to have an attorney or other representative of his choice present during his interviews. However, the failure by a representative of the Department of Social Services<\/span> to so advise the subject of the complaint shall not cause an otherwise voluntary statement to be inadmissible in a criminal proceeding. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Written notification of the findings<\/span> shall be submitted to the alleged abuser or neglector. The notification shall include a summary of the investigation and an explanation of how the information gathered supports the disposition<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The written notification of the findings<\/span> shall inform the alleged abuser or neglector of his right to appeal<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The written notification of the findings<\/span> shall inform the alleged abuser or neglector of his right to review information about himself in the record with the following exceptions:\n\t\t\t\ta. The identity of the person making the report.\n\t\t\t\tb. Information provided by any law<\/span>-enforcement official.\n\t\t\t\tc. Information that may endanger the well-being of the child<\/span>.\n\t\t\t\td. The identity of a witness<\/span> or any other person if such release may endanger the life or safety of such witness<\/span> or person. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In all cases in which an alleged act of child<\/span> abuse or neglect is also being criminally investigated by a law<\/span>-enforcement agency, and the local department<\/span> is conducting a joint investigation with a law<\/span>-enforcement officer in regard to such an alleged act, no information in the possession<\/span> of the local department<\/span> from such joint investigation shall be released by the local department<\/span> except as authorized by the investigating law<\/span>-enforcement officer or his supervisor or the local attorney for the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Failure to comply with investigation procedures does not preclude a finding<\/span> of abuse or neglect if such a finding<\/span> is warranted by the facts<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINVESTIGATION PROCEDURES WHEN SCHOOL EMPLOYEE IS SUBJECT OF THE COMPLAINT OR\nREPORT; RELEASE OF INFORMATION IN JOINT INVESTIGATIONS (\u00a7 63.2-1516.1)\n\nA. Except as provided in subsection B of this section, in cases where a child is\nalleged to have been abused or neglected by a teacher, principal or other person\nemployed by a local school board or employed in a school operated by the\nCommonwealth, in the course of such employment in a nonresidential setting, the\nlocal department conducting the investigation shall comply with the following\nprovisions in conducting its investigation:\n\n 1. The local department shall conduct a face-to-face interview with the person\n who is the subject of the complaint or report.\n\n 2. At the onset of the initial interview with the alleged abuser or neglector,\n the local department shall notify him in writing of the general nature of the\n complaint and the identity of the alleged child victim regarding the purpose\n of the contacts.\n\n 3. The written notification shall include the information that the alleged\n abuser or neglector has the right to have an attorney or other representative\n of his choice present during his interviews. However, the failure by a\n representative of the Department of Social Services to so advise the subject\n of the complaint shall not cause an otherwise voluntary statement to be\n inadmissible in a criminal proceeding.\n\n 4. Written notification of the findings shall be submitted to the alleged\n abuser or neglector. The notification shall include a summary of the\n investigation and an explanation of how the information gathered supports the\n disposition.\n\n 5. The written notification of the findings shall inform the alleged abuser or\n neglector of his right to appeal.\n\n 6. The written notification of the findings shall inform the alleged abuser or\n neglector of his right to review information about himself in the record with\n the following exceptions:\n \t\t\t\ta. The identity of the person making the report.\n \t\t\t\tb. Information provided by any law-enforcement official.\n \t\t\t\tc. Information that may endanger the well-being of the child.\n \t\t\t\td. The identity of a witness or any other person if such release may\n endanger the life or safety of such witness or person.\n\nB. In all cases in which an alleged act of child abuse or neglect is also being\ncriminally investigated by a law-enforcement agency, and the local department is\nconducting a joint investigation with a law-enforcement officer in regard to\nsuch an alleged act, no information in the possession of the local department\nfrom such joint investigation shall be released by the local department except\nas authorized by the investigating law-enforcement officer or his supervisor or\nthe local attorney for the Commonwealth.\n\nC. Failure to comply with investigation procedures does not preclude a finding\nof abuse or neglect if such a finding is warranted by the facts.\n\nHISTORY: 2003, cc. 986, 1013.","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}}