Administrative Code

Creating a Report: Check the sections you'd like to appear in the report, then use the "Create Report" button at the bottom of the page to generate your report. Once the report is generated you'll then have the option to download it as a pdf, print or email the report.

Virginia Administrative Code
Title 22. Social Services
Agency 40. Department Of Social Services
Chapter 100. Minimum Standards for Licensed Child Caring Institutions

22VAC40-100-340. Confidentiality.

The child caring institution shall share only that information relative to the needs of others working with the child or to those having a legal right to that information in conformity with the following:

1. Confidential records. The records of all child welfare agencies and representatives of the commissioner regarding licensing and persons received or placed out by them and the facts learned by them concerning such persons and their parents or relatives shall be confidential information, provided that the commissioner, the board, and their agents shall have access to such information, that it shall be disclosed upon proper order of any court, and that it may be disclosed to any person having a legitimate interest in the placement of any such person. It shall be unlawful for any officer, agent, or employee of any child welfare agency, for the commissioner, the board, or their agents or employees, and for any person who has held any such position, and for any other person to whom any such information is disclosed as herein provided, to disclose, directly or indirectly, any such confidential information, except as herein provided. Every violation of this section shall constitute a misdemeanor and be punishable as such.

2. Any person who has attained his majority, and who has not been legally adopted in accordance with the provisions of former Chapter 11 (§ 63.1-220 et seq.) of Title 63.1 of the Code of Virginia, and who believes that he has been placed out by a child placing agency, shall have the right to demand and receive from the commissioner, the board, or any such agency, such information as any of them may have concerning his own parents or relatives.

Statutory Authority

§§ 63.2-217 and 63.2-1734 of the Code of Virginia.

Historical Notes

Derived from VR615-24-01 §VID, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984; Volume 32, Issue 7, eff. January 15, 2016.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.