Administrative Code

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Virginia Administrative Code
Title 22. Social Services
Agency 40. Department of Social Services
Chapter 705. Child Protective Services
3/30/2020

22VAC40-705-90. Family Assessment and Investigative Protocol.

A. In conducting a family assessment or an investigation, the child protective services worker may enter the home if permitted to enter by an adult person who resides in the home. Only in those instances where the child protective services worker has probable cause to believe that the life or health of the child would be seriously endangered within the time it would take to obtain a court order or the assistance of a law-enforcement officer, may a child protective services worker enter the home without permission. A child protective services worker shall document in detail in the record and discuss with supervisory personnel the basis for the decision to enter the house without permission.

B. Before conducting a family assessment or investigation, the child protective services worker shall explain the responsibilities and authorities of child protective services so that the parent or other caretaker can be made aware of the possible benefits and consequences of completing the family assessment or investigation. The explanation must be provided orally and in writing.

C. The child protective services worker may transport a child without parental consent only when the local department has assumed custody of that child by virtue of the emergency removal authority pursuant to § 63.2-1517 of the Code of Virginia, by an emergency removal court order pursuant to § 16.1-251 of the Code of Virginia, or by a preliminary removal order pursuant to § 16.1-252 of the Code of Virginia.

D. When a child protective services worker has reason to believe that the caretaker in a valid report of child abuse or neglect is abusing substances and such behavior may be related to the matter being investigated or assessed, the worker may request that person to consent to substance abuse screening or may petition the court to order such screening.

1. Local departments must develop guidelines for such screening.

2. Guidelines may include child protective services worker administration of urine screening.

Statutory Authority

§ 63.2-217 of the Code of Virginia.

Historical Notes

Derived from Volume 13, Issue 25, eff. January 1, 1998, Errata, 14:1 VA.R. 184 September 29, 1997; amended, Virginia Register Volume 19, Issue 06, eff. January 1, 2003; Volume 33, Issue 19, eff. July 1, 2017.

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