                                 CODE OF VIRGINIA

INVESTIGATIONS BY LOCAL DEPARTMENTS (§ 63.2-1505)

A. An investigation requires the collection of information necessary to
determine:

   1. The immediate safety needs of the child;

   2. The protective and rehabilitative services needs of the child and family
   that will deter abuse or neglect;

   3. Risk of future harm to the child;

   4. Alternative plans for the child&#8217;s safety if protective and
   rehabilitative services are indicated and the family is unable or unwilling to
   participate in services;

   5. Whether abuse or neglect has occurred;

   6. If abuse or neglect has occurred, who abused or neglected the child; and

   7. A finding of either founded or unfounded based on the facts collected
   during the investigation.

B. If the local department responds to the report or complaint by conducting an
investigation, the local department shall:

   1. Make immediate investigation and, if the report or complaint was based upon
   one of the factors specified in subsection B of &#xA7; 63.2-1509, the local
   department may file a petition pursuant to &#xA7; 16.1-241.3;

   2. Complete a report and enter it into the statewide automation system
   maintained by the Department;

   3. Consult with the family to arrange for necessary protective and
   rehabilitative services to be provided to the child and his family;

   4. Petition the court for services deemed necessary including, but not limited
   to, removal of the child or his siblings from their home;

   5. Determine within 45 days if a report of abuse or neglect is founded or
   unfounded and transmit a report to such effect to the Department and to the
   person who is the subject of the investigation. However, upon written
   justification by the local department, the time for such determination may be
   extended not to exceed a total of 60 days or, in the event that the
   investigation is being conducted in cooperation with a law-enforcement agency
   and both parties agree that circumstances so warrant, as stated in the written
   justification, the time for such determination may be extended not to exceed
   90 days. If through the exercise of reasonable diligence the local department
   is unable to find the child who is the subject of the report, the time the
   child cannot be found shall not be computed as part of the total time period
   allowed for the investigation and determination and documentation of such
   reasonable diligence shall be placed in the record. In cases involving the
   death of a child or alleged sexual abuse of a child who is the subject of the
   report, the time during which records necessary for the investigation of the
   complaint but not created by the local department, including autopsy or
   medical or forensic records or reports, are not available to the local
   department due to circumstances beyond the local department&#8217;s control
   shall not be computed as part of the total time period allowed for the
   investigation and determination, and documentation of the circumstances that
   resulted in the delay shall be placed in the record. In cases in which the
   subject of the investigation is a full-time, part-time, permanent, or
   temporary employee of a school division who is suspected of abusing or
   neglecting a child in the course of his educational employment, the time
   period for determining whether a report is founded or unfounded and
   transmitting a report to that effect to the Department and the person who is
   the subject of the investigation shall be mandatory, and every local
   department shall make the required determination and report within the
   specified time period without delay;

   6. If a report of abuse or neglect is unfounded, transmit a report to such
   effect to the complainant and parent or guardian and the person responsible
   for the care of the child in those cases where such person was suspected of
   abuse or neglect;

   7. If a report of child abuse and neglect is founded, and the subject of the
   report is or was at the time of the investigation or the conduct that led to
   the report a full-time, part-time, permanent, or temporary employee of a
   school division located within the Commonwealth, notify the relevant school
   board of the founded complaint without delay; and

   8. Upon request, disclose to the child&#8217;s parent or guardian the location
   of the child, provided that (i) the investigation has not been completed and a
   report has not been transmitted pursuant to subdivision 5; (ii) the parent or
   guardian requesting disclosure of the child&#8217;s location has not been the
   subject of a founded report of child abuse or neglect; (iii) the parent or
   guardian requesting disclosure of the child&#8217;s location has legal custody
   of the child and provides to the local department any records or other
   information necessary to verify such custody; (iv) the local department is not
   aware of any court order, and has confirmed with the child&#8217;s other
   parent or guardian or other person responsible for the care of the child that
   no court order has been issued, that prohibits or limits contact by the parent
   or guardian requesting disclosure of the child&#8217;s location with the
   child, the child&#8217;s other parent or guardian or other person responsible
   for the care of the child, or any member of the household in which the child
   is located; and (v) disclosure of the child&#8217;s location to the parent or
   guardian will not compromise the safety of the child, the child&#8217;s other
   parent or guardian, or any other person responsible for the care of the child.
   				If a local multidisciplinary team has determined that an interview of the
   child by a children&#8217;s advocacy center is needed and an interview with a
   children&#8217;s advocacy center within the jurisdiction cannot be completed
   within 14 days, the local department may facilitate the interview with a
   children&#8217;s advocacy center located in another jurisdiction.
   				Any information exchanged for the purposes of this subsection shall not be
   considered a violation of &#xA7; 63.2-102, 63.2-104, or 63.2-105.

C. Each local board may obtain and consider, in accordance with regulations
adopted by the Board, statewide criminal history record information from the
Central Criminal Records Exchange and shall obtain and consider results of a
search of the child abuse and neglect central registry of any individual who is
the subject of a child abuse or neglect investigation conducted under this
section when there is evidence of child abuse or neglect and the local board is
evaluating the safety of the home and whether removal will protect a child from
harm. The local board shall determine whether the individual has resided in
another state within at least the preceding five years and, if he has resided in
another state, the local board shall request a search of the child abuse and
neglect registry or equivalent registry maintained by such state. The local
board also may obtain such a criminal records or registry search on all adult
household members residing in the home where the individual who is the subject
of the investigation resides and the child resides or visits. If a child abuse
or neglect petition is filed in connection with such removal, a court may admit
such information as evidence. Where the individual who is the subject of such
information contests its accuracy through testimony under oath in hearing before
the court, no court shall receive or consider the contested criminal history
record information without certified copies of conviction. Further dissemination
of the information provided to the local board is prohibited, except as
authorized by law.

D. A person who has not previously participated in the investigation of
complaints of child abuse or neglect in accordance with this chapter shall not
participate in the investigation of any case involving a complaint of alleged
sexual abuse of a child unless he (i) has completed a Board-approved training
program for the investigation of complaints involving alleged sexual abuse of a
child or (ii) is under the direct supervision of a person who has completed a
Board-approved training program for the investigation of complaints involving
alleged sexual abuse of a child. No individual may make a determination of
whether a case involving a complaint of alleged sexual abuse of a child is
founded or unfounded unless he has completed a Board-approved training program
for the investigation of complaints involving alleged sexual abuse of a child.

E. Any individual who is the subject of a child abuse or neglect investigation
conducted under this section shall notify the local department prior to changing
his place of residence and provide the local department with the address of his
new residence.

HISTORY: 2000, c. 500, § 63.1-248.6:01; 2002, c. 747; 2007, c. 495; 2008, c.
555; 2013, cc. 340, 506; 2014, cc. 299, 504; 2015, c. 524; 2017, cc. 176, 428;
2018, cc. 3, 193; 2019, cc. 276, 436; 2021, Sp. Sess. I, c. 305; 2023, c. 170;
2024, cc. 779, 829.