                                 CODE OF VIRGINIA

REQUIREMENT THAT CERTAIN INJURIES TO CHILDREN BE REPORTED BY PHYSICIANS, NURSES,
TEACHERS, ETC.; PENALTY FOR FAILURE TO REPORT (§ 63.2-1509)

A. The following persons who, in their professional or official capacity, have
reason to suspect that a child is an abused or neglected child, shall report the
matter immediately to the local department of the county or city wherein the
child resides or wherein the abuse or neglect is believed to have occurred or to
the Department&#8217;s toll-free child abuse and neglect hotline:

   1. Any person licensed to practice medicine or any of the healing arts;

   2. Any hospital resident or intern, and any person employed in the nursing
   profession;

   3. Any person employed as a social worker or family-services specialist;

   4. Any probation officer;

   5. Any teacher or other person employed in a public or private school,
   kindergarten, or child day program, as that term is defined in &#xA7;
   22.1-289.02;

   6. Any person providing full-time or part-time child care for pay on a
   regularly planned basis;

   7. Any mental health professional;

   8. Any law-enforcement officer or animal control officer;

   9. Any mediator eligible to receive court referrals pursuant to &#xA7;
   8.01-576.8;

   10. Any professional staff person, not previously enumerated, employed by a
   private or state-operated hospital, institution or facility to which children
   have been committed or where children have been placed for care and treatment;

   11. Any person 18 years of age or older associated with or employed by any
   public or private organization responsible for the care, custody or control of
   children;

   12. Any person who is designated a court-appointed special advocate pursuant
   to Article 5 (&#xA7; 9.1-151 et seq.) of Chapter 1 of Title 9.1;

   13. Any person 18 years of age or older who has received training approved by
   the Department of Social Services for the purposes of recognizing and
   reporting child abuse and neglect;

   14. Any person employed by a local department as defined in &#xA7; 63.2-100
   who determines eligibility for public assistance;

   15. Any emergency medical services provider certified by the Board of Health
   pursuant to &#xA7; 32.1-111.5, unless such provider immediately reports the
   matter directly to the attending physician at the hospital to which the child
   is transported, who shall make such report forthwith;

   16. Any athletic coach, director or other person 18 years of age or older
   employed by or volunteering with a public or private sports organization or
   team;

   17. Administrators or employees 18 years of age or older of public or private
   day camps, youth centers and youth recreation programs;

   18. Any person employed by a public or private institution of higher education
   other than an attorney who is employed by a public or private institution of
   higher education as it relates to information gained in the course of
   providing legal representation to a client;

   19. Any minister, priest, rabbi, imam, or duly accredited practitioner of any
   religious organization or denomination usually referred to as a church, unless
   the information supporting the suspicion of child abuse or neglect (i) is
   required by the doctrine of the religious organization or denomination to be
   kept in a confidential manner or (ii) would be subject to &#xA7; 8.01-400 or
   19.2-271.3 if offered as evidence in court; and

   20. Any person who engages in the practice of behavior analysis, as defined in
   &#xA7; 54.1-2900.
   				If neither the locality in which the child resides nor where the abuse or
   neglect is believed to have occurred is known, then such report shall be made
   to the local department of the county or city where the abuse or neglect was
   discovered or to the Department&#8217;s toll-free child abuse and neglect
   hotline.
   				If an employee of the local department is suspected of abusing or
   neglecting a child, the report shall be made to the court of the county or
   city where the abuse or neglect was discovered. Upon receipt of such a report
   by the court, the judge shall assign the report to a local department that is
   not the employer of the suspected employee for investigation or family
   assessment. The judge may consult with the Department in selecting a local
   department to respond to the report or the complaint.
   				If the information is received by a teacher, staff member, resident,
   intern or nurse in the course of professional services in a hospital, school
   or similar institution, such person may, in place of said report, immediately
   notify the person in charge of the institution or department, or his designee,
   who shall make such report forthwith. If the initial report of suspected abuse
   or neglect is made to the person in charge of the institution or department,
   or his designee, pursuant to this subsection, such person shall notify the
   teacher, staff member, resident, intern or nurse who made the initial report
   when the report of suspected child abuse or neglect is made to the local
   department or to the Department&#8217;s toll-free child abuse and neglect
   hotline, and of the name of the individual receiving the report, and shall
   forward any communication resulting from the report, including any information
   about any actions taken regarding the report, to the person who made the
   initial report.
   				The initial report may be an oral report but such report shall be reduced
   to writing by the child abuse coordinator of the local department on a form
   prescribed by the Board. Any person required to make the report pursuant to
   this subsection shall disclose all information that is the basis for his
   suspicion of abuse or neglect of the child and, upon request, shall make
   available to the child-protective services coordinator and the local
   department, which is the agency of jurisdiction, any information, records, or
   reports that document the basis for the report. All persons required by this
   subsection to report suspected abuse or neglect who maintain a record of a
   child who is the subject of such a report shall cooperate with the
   investigating agency and shall make related information, records and reports
   available to the investigating agency unless such disclosure violates the
   federal Family Educational Rights and Privacy Act (20 U.S.C. &#xA7; 1232g).
   Provision of such information, records, and reports by a health care provider
   shall not be prohibited by &#xA7; 8.01-399. Criminal investigative reports
   received from law-enforcement agencies shall not be further disseminated by
   the investigating agency nor shall they be subject to public disclosure.

B. For purposes of subsection A, &#8220;reason to suspect that a child is abused
or neglected&#8221; shall, due to the special medical needs of infants affected
by substance exposure, include (i) a finding made by a health care provider
within six weeks of the birth of a child that the child was born affected by
substance abuse or experiencing withdrawal symptoms resulting from in utero drug
exposure; (ii) a diagnosis made by a health care provider within four years
following a child&#8217;s birth that the child has an illness, disease, or
condition that, to a reasonable degree of medical certainty, is attributable to
maternal abuse of a controlled substance during pregnancy; or (iii) a diagnosis
made by a health care provider within four years following a child&#8217;s birth
that the child has a fetal alcohol spectrum disorder attributable to in utero
exposure to alcohol. When &#8220;reason to suspect&#8221; is based upon this
subsection, such fact shall be included in the report along with the facts
relied upon by the person making the report. Such reports shall not constitute a
per se finding of child abuse or neglect. If a health care provider in a
licensed hospital makes any finding or diagnosis set forth in clause (i), (ii),
or (iii), the hospital shall require the development of a written discharge plan
under protocols established by the hospital pursuant to subdivision B 6 of
&#xA7; 32.1-127.

C. Any person who makes a report or provides records or information pursuant to
subsection A or who testifies in any judicial proceeding arising from such
report, records, or information shall be immune from any civil or criminal
liability or administrative penalty or sanction on account of such report,
records, information, or testimony, unless such person acted in bad faith or
with malicious purpose.

D. Any person required to file a report pursuant to this section who fails to do
so as soon as possible, but not longer than 24 hours after having reason to
suspect a reportable offense of child abuse or neglect, shall be fined not more
than $500 for the first failure and for any subsequent failures not less than
$1,000. In cases evidencing acts or attempted acts of rape, sodomy, aggravated
sexual battery, or object sexual penetration as defined in Article 7 (&#xA7;
18.2-61 et seq.) of Chapter 4 of Title 18.2, a person who knowingly and
intentionally fails to make the report required pursuant to this section is
guilty of a Class 1 misdemeanor.

E. No person shall be required to make a report pursuant to this section if the
person has actual knowledge that the same matter has already been reported to
the local department or the Department&#8217;s toll-free child abuse and neglect
hotline.

HISTORY: 1975, c. 341, § 63.1-248.3; 1976, c. 348; 1978, c. 747; 1993, c. 443;
1994, c. 840; 1995, c. 810; 1998, cc. 704, 716; 1999, c. 606; 2000, c. 500;
2001, c. 853; 2002, cc. 747, 860; 2006, cc. 530, 801; 2008, cc. 43, 268; 2012,
cc. 391, 504, 640, 698, 728, 740, 815; 2013, cc. 72, 331; 2014, c. 285; 2017,
cc. 176, 428; 2019, cc. 98, 295, 414; 2020, cc. 461, 860, 861; 2022, c. 766;
2024, c. 615.