This guide contains summaries of statutes detailing the officials who may have access to confidential records and the circumstances under which information may be disclosed.
Virginia Disclosure of Confidential Child Abuse and Neglect Records
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FAQ
Under the CODE OF VIRGINIA § 63.2-1509 there are penalties for failure of physicians, nurses, teachers, and any person employed by a public institution of higher education (among others) to report certain injuries to children. To help identify potential abuse, refer to the Guide for Mandated Reporters.
You are not required to give your name when you make the report, but if you do identify yourself, the local department of social services will be able to contact you for further information if needed and will be able to inform you of actions that were taken.
The Virginia Child Protection and Accountability System collects and makes available to the public information on reported cases of child abuse and neglect and the responses by local departments of social services in Virginia pursuant to the law outlined in Section 63.2-1530.
If you believe the report was made maliciously or in bad faith, Section 63.2-1514 of the Code of Virginia allows you to petition the Circuit Court for access to the CPS record, including the identity of the reporter.
VIRGINIA DEPARTMENT OF SOCIAL SERVICES The purpose of mandated reporting is to identify suspected abused and neglected children or vulnerable adults as soon as possible so that they can be protected from further harm. Child Protective Services (CPS) and Adult Protective Services (APS) cannot act until a report is made.
CPS does not have the right to do the following: Force their way into your home. To legally enter your home, CPS needs a court order or the belief that your child is in imminent danger. Provide you with a drug test without your consent. CPS must have a court order to force you into taking a drug test.
However, all records related to founded cases of child sexual abuse involving injuries or conditions, real or threatened, that result in or were likely to have resulted in serious harm to a child shall be maintained by the local department for a period of 25 years from the date of the complaint.