Administrative Code

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Virginia Administrative Code
Title 22. Social Services
Agency 40. Department of Social Services
Chapter 705. Child Protective Services
3/29/2020

22VAC40-705-100. Judicial Proceedings.

A. A child protective services worker may petition for removal pursuant to §§ 16.1-251 and 16.1-252 of the Code of Virginia.

B. A child protective services worker may petition for a preliminary protective order pursuant to § 16.1-253 of the Code of Virginia.

C. Whenever the local department assumes custody of a child under subsection A or B of this section, a child protective services worker shall petition the court for parental child support.

D. Any person who participates in a judicial proceeding resulting from making a child protective services report or complaint or from taking a child into custody pursuant to §§ 63.2-1509, 63.2-1510 and 63.2-1517 of the Code of Virginia shall be immune from any civil or criminal liability in connection therewith unless it is proven that such person acted in bad faith or with malicious intent pursuant to § 63.2-1512 of the Code of Virginia.

Statutory Authority

§§ 63.2-217, 63.2-1503 and 63.2-1509 of the Code of Virginia.

Historical Notes

Derived from Volume 13, Issue 25, eff. January 1, 1998; amended, Virginia Register Volume 19, Issue 06, eff. January 1, 2003.

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