Administrative Code

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Virginia Administrative Code
Title 22. Social Services
Agency 40. Department of Social Services
Chapter 705. Child Protective Services
4/4/2020

22VAC40-705-120. Extensions and Suspensions.

A. The local department shall promptly notify the alleged abuser or neglector and the alleged victim's parents or guardians of any extension of the deadline for the completion of the family assessment or investigation pursuant to § 63.2-1505 B 5 or § 63.2-1506 B 3 of the Code of Virginia. The child protective services worker shall document the notifications and the reason for the need for additional time in the case record.

B. Pursuant to § 63.2-1505 B 5 of the Code of Virginia, when an investigation involving the death of a child or alleged sexual abuse of a child is delayed because of the unavailability of the records, the deadlines shall be suspended. When such unavailability of records occurs, the local department shall promptly notify the alleged abuser or neglector and the alleged victim's parents or guardians that the records are unavailable and the effect of the unavailability on the completion of the investigation. The child protective services worker shall document the notifications and the reason for the suspension in the case record. Upon receipt of the records necessary to make a finding, the local department shall complete the investigation.

C. The subject of the report shall be notified immediately if during the course of completing the family assessment the situation is reassessed and determined to meet the requirements, as specified in § 63.2-1506 B 7 of the Code of Virginia, to be investigated.

D. The subject of the report or complaint may consult with the local department to hear and refute evidence collected during the investigation. If a criminal charge is also filed against the alleged abuser for the same conduct involving the same victim child as investigated by the local department, pursuant to § 63.2-1516.1 B of the Code of Virginia, no information gathered during a joint investigation with law enforcement shall be released by the local department prior to the conclusion of the criminal investigation unless authorized by the investigating law-enforcement agency or the local attorney for the Commonwealth.

Statutory Authority

§ 63.2-217 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; Volume 25, Issue 11, eff. March 4, 2009; Volume 33, Issue 19, eff. July 1, 2017.

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