                                 CODE OF VIRGINIA

CONFIDENTIAL RECORDS AND INFORMATION CONCERNING SOCIAL SERVICES; PENALTY (§
63.2-104)

A. The records, information and statistical registries of the Department, local
departments and of all child-welfare agencies concerning social services to or
on behalf of individuals shall be confidential information, provided that the
Commissioner, the Board and their agents shall have access to such records,
information and statistical registries, and that such records, information and
statistical registries may be disclosed to any person having a legitimate
interest in accordance with state and federal law and regulation.
			A person having a legitimate interest in child-protective services records
and records involving a child receiving foster care services as defined in
&#xA7; 16.1-228 includes the staff of (i) a court services unit, (ii) the
Department of Juvenile Justice, (iii) a local community services board, or (iv)
the Department of Behavioral Health and Developmental Services who are providing
treatment, services, or care for a child who is the subject of such records for
a purpose relevant to the provision of the treatment, services, or care when the
local agencies have entered into a formal agreement with the Department of
Juvenile Justice to provide coordinated services to such children. Such formal
agreements may allow the local agencies and the Department of Juvenile Justice
to immediately identify children who may be receiving or who have received
treatment, services, or care from the local agencies and the Department of
Juvenile Justice. Any court services unit or local community services board to
which such records are disclosed in accordance with this paragraph shall not
further disclose any information received unless such further disclosure is
expressly required by law.
			The model memorandum of understanding developed in accordance with &#xA7;
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.
			It is unlawful for any officer, agent or employee of any child-welfare
agency; for the Commissioner, the State Board or their agents or employees; for
any person who has held any such position; and for any other person to whom any
such record or information is disclosed to disclose, directly or indirectly, any
such confidential record or information, except as herein provided or pursuant
to &#xA7; 63.2-105. Every violation of this section shall constitute a Class 1
misdemeanor.

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

C. This section shall not apply to the disposition of adoption records, reports
and information that is governed by the provisions of &#xA7; 63.2-1246.

HISTORY: Code 1950, §§ 63-41, 63-140, 63-140.15, 63-161, 63-204, 63-220,
63-246; 1958, c. 433; 1962, c. 621; 1968, cc. 43, 578, §§ 63.1-34, 63.1-126,
63.1-209; 1972, c. 540; 1976, c. 365; 1977, c. 547, § 63.1-55.4; 1979, cc. 218,
666; 1981, c. 456; 1983, c. 604; 1986, c. 213; 1988, cc. 151, 898; 1994, c. 643;
2000, cc. 500, 830; 2001, cc. 503, 518; 2002, c. 747; 2022, cc. 63, 64.