                                 CODE OF VIRGINIA

FAMILY ASSESSMENTS BY LOCAL DEPARTMENTS (§ 63.2-1506)

A. A family assessment 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. Whether the mother of a child who was exposed in utero to a controlled
   substance sought substance abuse counseling or treatment prior to the
   child&#8217;s birth; and

   5. 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.

B. When a local department has been designated as a child-protective services
differential response system participant by the Department pursuant to §
63.2-1504 and responds to the report or complaint by conducting a family
assessment, the local department shall:

   1. Conduct an immediate family assessment 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. Obtain and consider the results of a search of the child abuse and neglect
   registry for any individual who is the subject of a family assessment. 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 and consider, in accordance with regulations of the
   Board, statewide criminal history record information from the Central Criminal
   Records Exchange for any individual who is the subject of a family assessment;

   3. Immediately contact the subject of the report and the family of the child
   alleged to have been abused or neglected and give each a written and an oral
   explanation of the family assessment procedure. The family assessment shall be
   in writing and shall be completed in accordance with Board regulation;

   4. Complete the family assessment within 60 days and transmit a report to such
   effect to the Department and to the person who is the subject of the family
   assessment;

   5. Consult with the family to arrange for necessary protective and
   rehabilitative services to be provided to the child and his family. Families
   have the option of declining the services offered as a result of the family
   assessment. If the family declines the services, the case shall be closed
   unless the local department determines that sufficient cause exists to
   redetermine the case as one that needs to be investigated. In no instance
   shall a case be redetermined as an investigation solely because the family
   declines services;

   6. Petition the court for services deemed necessary;

   7. Make no disposition of founded or unfounded for reports in which a family
   assessment is completed. Reports in which a family assessment is completed
   shall not be entered into the central registry contained in &#xA7; 63.2-1515;

   8. Commence an immediate investigation, if at any time during the completion
   of the family assessment, the local department determines that an
   investigation is required; and

   9. Upon request, disclose to the child&#8217;s parent or guardian the location
   of the child, provided that (i) the family assessment has not been completed
   and a report has not been transmitted pursuant to subdivision 4; (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.

C. When a local department has been designated as a child-protective services
differential response agency by the Department, the local department may
investigate any report of child abuse or neglect, but the following valid
reports of child abuse or neglect shall be investigated: (i) sexual abuse, (ii)
child fatality, (iii) abuse or neglect resulting in serious injury as defined in
&#xA7; 18.2-371.1, (iv) cases involving a child&#8217;s being left alone in the
same dwelling with a person to whom the child is not related by blood or
marriage and who has been convicted of an offense against a minor for which
registration is required as a Tier III offender pursuant to &#xA7; 9.1-902, (v)
child has been taken into the custody of the local department, or (vi) cases
involving a caretaker at a state-licensed child day center, religiously exempt
child day center, licensed, registered or approved family day home, private or
public school, hospital or any institution. If a report or complaint is based
upon one of the factors specified in subsection B of &#xA7; 63.2-1509, the local
department shall (a) conduct a family assessment, unless an investigation is
required pursuant to this subsection or other provision of law or is necessary
to protect the safety of the child, and (b) develop a plan of safe care in
accordance with federal law, regardless of whether the local department makes a
finding of abuse or neglect.

D. Any individual who is the subject of a family assessment 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, § 63.1-248.6:02; 2002, cc. 641, 642, 747; 2017, cc. 176,
428; 2018, c. 823; 2019, cc. 276, 436; 2020, cc. 5, 228, 829; 2021, Sp. Sess. I,
c. 305.