{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1526.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1526.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1526.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1526.html"}],"law_id":79084,"edition_id":1,"section_id":79084,"structure_id":15044,"section_number":"63.2-1526","catch_line":"Appeals of certain actions of local departments","history":"1988, c. 407, \u00a7 63.1-248.6:1; 1993, cc. 188, 955, 963; 1995, c. 7; 2002, c. 747; 2019, cc. 12, 296; 2023, c. 771.","full_text":"A\n\nA person who is suspected of or is found to have committed abuse or neglect may, within 30 days of being notified of that determination, request the local department rendering such determination to amend the determination and the local department’s related records. Upon written request, the local department shall provide the appellant all information used in making its determination. Disclosure of the reporter’s name or information which may endanger the well-being of a child shall not be released. The identity of a collateral witness or any other person shall not be released if disclosure may endanger his life or safety. Information prohibited from being disclosed by state or federal law or regulation shall not be released. The local department shall hold an informal conference or consultation where such person, who may be represented by counsel, shall be entitled to informally present testimony of witnesses, documents, factual data, arguments or other submissions of proof to the local department. With the exception of the local director, no person whose regular duties include substantial involvement with child abuse and neglect cases shall preside over the informal conference. If the local department refuses the request for amendment or fails to act within 45 days after receiving such request, the person may, within 30 days thereafter, petition the Commissioner, who shall grant a hearing to determine whether it appears, by a preponderance of the evidence, that the determination or record contains information which is irrelevant or inaccurate regarding the commission of abuse or neglect by the person who is the subject of the determination or record and therefore shall be amended. A person who is the subject of a report who requests an amendment to the record, as provided above, has the right to obtain an extension for an additional specified period of up to 60 days by requesting in writing that the 45 days in which the local department must act be extended. The extension period, which may be up to 60 days, shall begin at the end of the 45 days in which the local department must act. When there is an extension period, the 30-day period to request an administrative hearing shall begin on the termination of the extension period.B\n\nThe Commissioner shall designate and authorize one or more members of his staff to conduct such hearings. The decision of any staff member so designated and authorized shall have the same force and effect as if the Commissioner had made the decision. The hearing officer shall have the authority to issue subpoenas for the production of documents and the appearance of witnesses. The hearing officer is authorized to determine the number of depositions that will be allowed and to administer oaths or affirmations to all parties and witnesses who plan to testify at the hearing. The Board shall adopt regulations necessary for the conduct of such hearings. Such regulations shall include provisions stating that the person who is the subject of the report has the right (i) to submit oral or written testimony or documents in support of himself and (ii) to be informed of the procedure by which information will be made available or withheld from him. In case of any information withheld, such person shall be advised of the general nature of such information and the reasons, for reasons of privacy or otherwise, that it is being withheld. Upon giving reasonable notice, either party at his own expense may depose a nonparty and submit such deposition at the hearing pursuant to Board regulation. Upon good cause shown, after a party’s written motion, the hearing officer may issue subpoenas for the production of documents or to compel the attendance of witnesses at the hearing, except that alleged child victims of the person and their siblings shall not be subpoenaed, deposed or required to testify. The person who is the subject of the report may be represented by counsel at the hearing. Upon petition, the court shall have the power to enforce any subpoena that is not complied with or to review any refusal to issue a subpoena. Such decisions may not be further appealed except as part of a final decision that is subject to judicial review. Such hearing officers are empowered to order the amendment of such determination or records as is required to make them accurate and consistent with the requirements of this chapter or the regulations adopted hereunder. If, after hearing the facts of the case, the hearing officer determines that the person who is the subject of the report has presented information that was not available to the local department at the time of the local conference and which if available may have resulted in a different determination by the local department, he may remand the case to the local department for reconsideration. The local department shall have 14 days in which to reconsider the case. If, at the expiration of 14 days, the local department fails to act or fails to amend the record to the satisfaction of the appellant, the case shall be returned to the hearing officer for a determination. If aggrieved by the decision of the hearing officer, such person may obtain further review of the decision in accordance with Article 5 (§ 2.2-4025 et seq.) of the Administrative Process Act (§ 2.2-4000 et seq.). Should the person aggrieved by the hearing officer’s decision be a teacher licensed by the Board of Education or through an alternative pathway and employed by a local school board, the aggrieved person may petition the circuit court for a trial de novo, by judge or jury. Such petition shall be filed within 30 days of the aggrieved person’s receipt of the hearing officer’s decision in the circuit court in the jurisdiction where the applicable local department is located. Such aggrieved person is barred from filing any action for judicial review of the agency action or the hearing officer’s decision under the Administrative Processes Act (§ 2.2-4025 et seq.).C\n\nWhenever an appeal of the local department’s finding is made and a criminal charge or investigation is also filed or commenced against the appellant for the same conduct involving the same victim as investigated by the local department, the appeal process shall automatically be stayed until the criminal prosecution in the trial court is completed, until the criminal investigation is closed, or, in the case of a criminal investigation that is not completed within 180 days of the appellant’s request for an appeal of the local department’s finding, for 180 days after the appellant’s request for appeal. During such stay, the appellant’s right of access to the records of the local department regarding the matter being appealed shall also be stayed. Once the criminal prosecution in the trial court has been completed, the criminal investigation is closed, or, in the case of a criminal investigation that is not completed within 180 days of the appellant’s request for an appeal of the local department’s finding, 180 days have passed, the local department shall advise the appellant in writing of his right to resume his appeal within the time frames provided by law and regulation.","order_by":null,"text":{"0":{"id":283295,"text":"A person who is suspected of or is found to have committed abuse or neglect may, within 30 days of being notified of that determination, request the local department rendering such determination to amend the determination and the local department’s related records. Upon written request, the local department shall provide the appellant all information used in making its determination. Disclosure of the reporter’s name or information which may endanger the well-being of a child shall not be released. The identity of a collateral witness or any other person shall not be released if disclosure may endanger his life or safety. Information prohibited from being disclosed by state or federal law or regulation shall not be released. The local department shall hold an informal conference or consultation where such person, who may be represented by counsel, shall be entitled to informally present testimony of witnesses, documents, factual data, arguments or other submissions of proof to the local department. With the exception of the local director, no person whose regular duties include substantial involvement with child abuse and neglect cases shall preside over the informal conference. If the local department refuses the request for amendment or fails to act within 45 days after receiving such request, the person may, within 30 days thereafter, petition the Commissioner, who shall grant a hearing to determine whether it appears, by a preponderance of the evidence, that the determination or record contains information which is irrelevant or inaccurate regarding the commission of abuse or neglect by the person who is the subject of the determination or record and therefore shall be amended. A person who is the subject of a report who requests an amendment to the record, as provided above, has the right to obtain an extension for an additional specified period of up to 60 days by requesting in writing that the 45 days in which the local department must act be extended. The extension period, which may be up to 60 days, shall begin at the end of the 45 days in which the local department must act. When there is an extension period, the 30-day period to request an administrative hearing shall begin on the termination of the extension period.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":283296,"text":"The Commissioner shall designate and authorize one or more members of his staff to conduct such hearings. The decision of any staff member so designated and authorized shall have the same force and effect as if the Commissioner had made the decision. The hearing officer shall have the authority to issue subpoenas for the production of documents and the appearance of witnesses. The hearing officer is authorized to determine the number of depositions that will be allowed and to administer oaths or affirmations to all parties and witnesses who plan to testify at the hearing. The Board shall adopt regulations necessary for the conduct of such hearings. Such regulations shall include provisions stating that the person who is the subject of the report has the right (i) to submit oral or written testimony or documents in support of himself and (ii) to be informed of the procedure by which information will be made available or withheld from him. In case of any information withheld, such person shall be advised of the general nature of such information and the reasons, for reasons of privacy or otherwise, that it is being withheld. Upon giving reasonable notice, either party at his own expense may depose a nonparty and submit such deposition at the hearing pursuant to Board regulation. Upon good cause shown, after a party’s written motion, the hearing officer may issue subpoenas for the production of documents or to compel the attendance of witnesses at the hearing, except that alleged child victims of the person and their siblings shall not be subpoenaed, deposed or required to testify. The person who is the subject of the report may be represented by counsel at the hearing. Upon petition, the court shall have the power to enforce any subpoena that is not complied with or to review any refusal to issue a subpoena. Such decisions may not be further appealed except as part of a final decision that is subject to judicial review. Such hearing officers are empowered to order the amendment of such determination or records as is required to make them accurate and consistent with the requirements of this chapter or the regulations adopted hereunder. If, after hearing the facts of the case, the hearing officer determines that the person who is the subject of the report has presented information that was not available to the local department at the time of the local conference and which if available may have resulted in a different determination by the local department, he may remand the case to the local department for reconsideration. The local department shall have 14 days in which to reconsider the case. If, at the expiration of 14 days, the local department fails to act or fails to amend the record to the satisfaction of the appellant, the case shall be returned to the hearing officer for a determination. If aggrieved by the decision of the hearing officer, such person may obtain further review of the decision in accordance with Article 5 (§ 2.2-4025 et seq.) of the Administrative Process Act (§ 2.2-4000 et seq.). Should the person aggrieved by the hearing officer’s decision be a teacher licensed by the Board of Education or through an alternative pathway and employed by a local school board, the aggrieved person may petition the circuit court for a trial de novo, by judge or jury. Such petition shall be filed within 30 days of the aggrieved person’s receipt of the hearing officer’s decision in the circuit court in the jurisdiction where the applicable local department is located. Such aggrieved person is barred from filing any action for judicial review of the agency action or the hearing officer’s decision under the Administrative Processes Act (§ 2.2-4025 et seq.).","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":283297,"text":"Whenever an appeal of the local department’s finding is made and a criminal charge or investigation is also filed or commenced against the appellant for the same conduct involving the same victim as investigated by the local department, the appeal process shall automatically be stayed until the criminal prosecution in the trial court is completed, until the criminal investigation is closed, or, in the case of a criminal investigation that is not completed within 180 days of the appellant’s request for an appeal of the local department’s finding, for 180 days after the appellant’s request for appeal. During such stay, the appellant’s right of access to the records of the local department regarding the matter being appealed shall also be stayed. Once the criminal prosecution in the trial court has been completed, the criminal investigation is closed, or, in the case of a criminal investigation that is not completed within 180 days of the appellant’s request for an appeal of the local department’s finding, 180 days have passed, the local department shall advise the appellant in writing of his right to resume his appeal within the time frames provided by law and regulation.","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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1526\/","history_text":"

This law was first created in 1988. The record of its establishment is cataloged in chapter 407 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 5 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 1993, chapters 188, 955, and 963; in 1995, chapter 7<\/a>; in 2002, chapter 747<\/a>; in 2019, chapters 12<\/a> and 296<\/a>; in 2023, chapter 771<\/a>.<\/p>","references":[{"id":85866,"section_number":"17.1-513.1","catch_line":"Appeals from administrative proceedings; abuse and neglect; record to be sealed","order_by":null,"url":"\/17.1-513.1\/"},{"id":71301,"section_number":"22.1-298.1","catch_line":"(Effective July 1, 2030) Regulations governing licensure","order_by":null,"url":"\/22.1-298.1\/"},{"id":72528,"section_number":"22.1-307","catch_line":"Dismissal of teacher; grounds","order_by":null,"url":"\/22.1-307\/"},{"id":69022,"section_number":"63.2-1503","catch_line":"Local departments to establish child-protective services; duties","order_by":null,"url":"\/63.2-1503\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":69646,"section_number":"2.2-4025","catch_line":"Exemptions operation of this article; limitations","order_by":null,"url":"\/2.2-4025\/"}],"permalink":{"id":271835,"object_type":"law","relational_id":79084,"identifier":"63.2-1526","token":"63.2\/III\/15\/4\/63.2-1526","url":"\/63.2-1526\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1526\/","token":"63.2\/III\/15\/4\/63.2-1526","dublin_core":{"Title":"Appeals of certain actions of local departments","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1526","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A person who is suspected of or is found to have committed abuse or neglect may, within 30 days of being notified of that determination, request the local department<\/span> rendering such determination to amend<\/span> the determination and the local department<\/span>’s related records. Upon written request, the local department<\/span> shall provide the appellant<\/span> all information used in making its determination. Disclosure of the reporter’s name or information which may endanger the well-being of a child<\/span> shall not be released. The identity of a collateral<\/span> witness<\/span> or any other person shall not be released if disclosure may endanger his life or safety. Information prohibited from being disclosed by state or federal law<\/span> or regulation shall not be released. The local department<\/span> shall hold an informal conference or consultation where such person, who may be represented by counsel<\/span>, shall be entitled to informally present testimony<\/span> of witnesses, documents, factual data, arguments or other submissions of proof to the local department<\/span>. With the exception of the local director<\/span>, no person whose regular duties include substantial involvement with child<\/span> abuse and neglect cases shall preside over the informal conference. If the local department<\/span> refuses the request for amendment or fails to act within 45 days after receiving such request, the person may, within 30 days thereafter, petition<\/span> the Commissioner<\/span>, who shall grant a hearing<\/span> to determine whether it appears, by a preponderance of the evidence<\/span>, that the determination or record contains information which is irrelevant or inaccurate regarding the commission of abuse or neglect by the person who is the subject of the determination or record and therefore shall be amended. A person who is the subject of a report who requests an amendment to the record, as provided above, has the right to obtain an extension for an additional specified period of up to 60 days by requesting in writing that the 45 days in which the local department<\/span> must act be extended. The extension period, which may be up to 60 days, shall begin at the end of the 45 days in which the local department<\/span> must act. When there is an extension period, the 30-day period to request an administrative hearing<\/span> shall begin on the termination of the extension period. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commissioner<\/span> shall designate and authorize one or more members of his staff to conduct such hearings<\/span>. The decision of any staff member so designated and authorized shall have the same force and effect as if the Commissioner<\/span> had made the decision. The hearing<\/span> officer shall have the authority to issue<\/span> subpoenas<\/span> for the production of documents and the appearance<\/span> of witnesses. The hearing<\/span> officer is authorized to determine the number of depositions<\/span> that will be allowed and to administer oaths<\/span> or affirmations to all parties and witnesses who plan to testify at the hearing<\/span>. The Board<\/span> shall adopt regulations necessary for the conduct of such hearings<\/span>. Such regulations shall include provisions stating that the person who is the subject of the report has the right (i) to submit oral or written testimony<\/span> or documents in support of himself and (ii) to be informed of the procedure by which information will be made available or withheld from him. In case of any information withheld, such person shall be advised of the general nature of such information and the reasons, for reasons of privacy or otherwise, that it is being withheld. Upon giving reasonable notice, either party<\/span> at his own expense may depose a nonparty and submit such deposition<\/span> at the hearing<\/span> pursuant to Board<\/span> regulation. Upon good cause shown, after a party<\/span>’s written motion<\/span>, the hearing<\/span> officer may issue<\/span> subpoenas<\/span> for the production of documents or to compel the attendance of witnesses at the hearing<\/span>, except that alleged child<\/span> victims of the person and their siblings<\/span> shall not be subpoenaed, deposed or required to testify. The person who is the subject of the report may be represented by counsel<\/span> at the hearing<\/span>. Upon petition<\/span>, the court<\/span> shall have the power to enforce any subpoena<\/span> that is not complied with or to review any refusal to issue<\/span> a subpoena<\/span>. Such decisions may not be further appealed except as part of a final decision that is subject to judicial review. Such hearing<\/span> officers are empowered to order<\/span> the amendment of such determination or records as is required to make them accurate and consistent with the requirements of this chapter or the regulations adopted hereunder. If, after hearing<\/span> the facts<\/span> of the case, the hearing<\/span> officer determines that the person who is the subject of the report has presented information that was not available to the local department<\/span> at the time of the local conference and which if available may have resulted in a different determination by the local department<\/span>, he may remand<\/span> the case to the local department<\/span> for reconsideration. The local department<\/span> shall have 14 days in which to reconsider the case. If, at the expiration of 14 days, the local department<\/span> fails to act or fails to amend<\/span> the record to the satisfaction of the appellant<\/span>, the case shall be returned to the hearing<\/span> officer for a determination. If aggrieved by the decision of the hearing<\/span> officer, such person may obtain further review of the decision in accordance with Article 5 (§ 2.2-4025<\/a> et seq.) of the Administrative Process Act (§ 2.2-4000<\/a> et seq.). Should the person aggrieved by the hearing<\/span> officer’s decision be a teacher licensed by the Board<\/span> of Education or through an alternative pathway and employed by a local school board<\/span>, the aggrieved person may petition<\/span> the circuit<\/span> court<\/span> for a trial de novo<\/span>, by judge<\/span> or jury<\/span>. Such petition<\/span> shall be filed within 30 days of the aggrieved person’s receipt of the hearing<\/span> officer’s decision in the circuit<\/span> court<\/span> in the jurisdiction<\/span> where the applicable local department<\/span> is located. Such aggrieved person is barred from filing any action for judicial review of the agency action or the hearing<\/span> officer’s decision under the Administrative Processes Act (§ 2.2-4025<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Whenever an appeal<\/span> of the local department<\/span>’s finding<\/span> is made and a criminal charge or investigation is also filed or commenced against the appellant<\/span> for the same conduct involving the same victim as investigated by the local department<\/span>, the appeal<\/span> process shall automatically be stayed until the criminal prosecution<\/span> in the trial court<\/span> is completed, until the criminal investigation is closed, or, in the case of a criminal investigation that is not completed within 180 days of the appellant<\/span>’s request for an appeal<\/span> of the local department<\/span>’s finding<\/span>, for 180 days after the appellant<\/span>’s request for appeal<\/span>. During such stay<\/span>, the appellant<\/span>’s right of access to the records of the local department<\/span> regarding the matter being appealed shall also be stayed. Once the criminal prosecution<\/span> in the trial court<\/span> has been completed, the criminal investigation is closed, or, in the case of a criminal investigation that is not completed within 180 days of the appellant<\/span>’s request for an appeal<\/span> of the local department<\/span>’s finding<\/span>, 180 days have passed, the local department<\/span> shall advise the appellant<\/span> in writing of his right to resume his appeal<\/span> within the time frames provided by law<\/span> and regulation. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPEALS OF CERTAIN ACTIONS OF LOCAL DEPARTMENTS (\u00a7 63.2-1526)\n\nA. A person who is suspected of or is found to have committed abuse or neglect\nmay, within 30 days of being notified of that determination, request the local\ndepartment rendering such determination to amend the determination and the local\ndepartment’s related records. Upon written request, the local department\nshall provide the appellant all information used in making its determination.\nDisclosure of the reporter’s name or information which may endanger the\nwell-being of a child shall not be released. The identity of a collateral\nwitness or any other person shall not be released if disclosure may endanger his\nlife or safety. Information prohibited from being disclosed by state or federal\nlaw or regulation shall not be released. The local department shall hold an\ninformal conference or consultation where such person, who may be represented by\ncounsel, shall be entitled to informally present testimony of witnesses,\ndocuments, factual data, arguments or other submissions of proof to the local\ndepartment. With the exception of the local director, no person whose regular\nduties include substantial involvement with child abuse and neglect cases shall\npreside over the informal conference. If the local department refuses the\nrequest for amendment or fails to act within 45 days after receiving such\nrequest, the person may, within 30 days thereafter, petition the Commissioner,\nwho shall grant a hearing to determine whether it appears, by a preponderance of\nthe evidence, that the determination or record contains information which is\nirrelevant or inaccurate regarding the commission of abuse or neglect by the\nperson who is the subject of the determination or record and therefore shall be\namended. A person who is the subject of a report who requests an amendment to\nthe record, as provided above, has the right to obtain an extension for an\nadditional specified period of up to 60 days by requesting in writing that the\n45 days in which the local department must act be extended. The extension\nperiod, which may be up to 60 days, shall begin at the end of the 45 days in\nwhich the local department must act. When there is an extension period, the\n30-day period to request an administrative hearing shall begin on the\ntermination of the extension period.\n\nB. The Commissioner shall designate and authorize one or more members of his\nstaff to conduct such hearings. The decision of any staff member so designated\nand authorized shall have the same force and effect as if the Commissioner had\nmade the decision. The hearing officer shall have the authority to issue\nsubpoenas for the production of documents and the appearance of witnesses. The\nhearing officer is authorized to determine the number of depositions that will\nbe allowed and to administer oaths or affirmations to all parties and witnesses\nwho plan to testify at the hearing. The Board shall adopt regulations necessary\nfor the conduct of such hearings. Such regulations shall include provisions\nstating that the person who is the subject of the report has the right (i) to\nsubmit oral or written testimony or documents in support of himself and (ii) to\nbe informed of the procedure by which information will be made available or\nwithheld from him. In case of any information withheld, such person shall be\nadvised of the general nature of such information and the reasons, for reasons\nof privacy or otherwise, that it is being withheld. Upon giving reasonable\nnotice, either party at his own expense may depose a nonparty and submit such\ndeposition at the hearing pursuant to Board regulation. Upon good cause shown,\nafter a party’s written motion, the hearing officer may issue subpoenas\nfor the production of documents or to compel the attendance of witnesses at the\nhearing, except that alleged child victims of the person and their siblings\nshall not be subpoenaed, deposed or required to testify. The person who is the\nsubject of the report may be represented by counsel at the hearing. Upon\npetition, the court shall have the power to enforce any subpoena that is not\ncomplied with or to review any refusal to issue a subpoena. Such decisions may\nnot be further appealed except as part of a final decision that is subject to\njudicial review. Such hearing officers are empowered to order the amendment of\nsuch determination or records as is required to make them accurate and\nconsistent with the requirements of this chapter or the regulations adopted\nhereunder. If, after hearing the facts of the case, the hearing officer\ndetermines that the person who is the subject of the report has presented\ninformation that was not available to the local department at the time of the\nlocal conference and which if available may have resulted in a different\ndetermination by the local department, he may remand the case to the local\ndepartment for reconsideration. The local department shall have 14 days in which\nto reconsider the case. If, at the expiration of 14 days, the local department\nfails to act or fails to amend the record to the satisfaction of the appellant,\nthe case shall be returned to the hearing officer for a determination. If\naggrieved by the decision of the hearing officer, such person may obtain further\nreview of the decision in accordance with Article 5 (§ 2.2-4025 et seq.) of\nthe Administrative Process Act (§ 2.2-4000 et seq.). Should the person\naggrieved by the hearing officer’s decision be a teacher licensed by the\nBoard of Education or through an alternative pathway and employed by a local\nschool board, the aggrieved person may petition the circuit court for a trial de\nnovo, by judge or jury. Such petition shall be filed within 30 days of the\naggrieved person’s receipt of the hearing officer’s decision in the\ncircuit court in the jurisdiction where the applicable local department is\nlocated. Such aggrieved person is barred from filing any action for judicial\nreview of the agency action or the hearing officer’s decision under the\nAdministrative Processes Act (§ 2.2-4025 et seq.).\n\nC. Whenever an appeal of the local department’s finding is made and a\ncriminal charge or investigation is also filed or commenced against the\nappellant for the same conduct involving the same victim as investigated by the\nlocal department, the appeal process shall automatically be stayed until the\ncriminal prosecution in the trial court is completed, until the criminal\ninvestigation is closed, or, in the case of a criminal investigation that is not\ncompleted within 180 days of the appellant’s request for an appeal of the\nlocal department’s finding, for 180 days after the appellant’s\nrequest for appeal. During such stay, the appellant’s right of access to\nthe records of the local department regarding the matter being appealed shall\nalso be stayed. Once the criminal prosecution in the trial court has been\ncompleted, the criminal investigation is closed, or, in the case of a criminal\ninvestigation that is not completed within 180 days of the appellant’s\nrequest for an appeal of the local department’s finding, 180 days have\npassed, the local department shall advise the appellant in writing of his right\nto resume his appeal within the time frames provided by law and regulation.\n\nHISTORY: 1988, c. 407, \u00a7 63.1-248.6:1; 1993, cc. 188, 955, 963; 1995, c. 7;\n2002, c. 747; 2019, cc. 12, 296; 2023, c. 771.","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}}