Part VI. Records
22VAC40-100-310. Nature of records.
A separate up-to- date case record shall be maintained on each child from the point of intake to the termination of service.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes
Derived from VR615-24-01 §VIA, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.
22VAC40-100-320. Location.
A defined place shall be provided for making and keeping records of a privileged and confidential nature.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes
Derived from VR615-24-01 §VIB, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.
22VAC40-100-330. Safeguards.
Safeguards must be taken to protect case record material from fire and other hazards.
1. Records must be stored in a locked, fire-resistant file or vault.
2. Records must not be accessible to unauthorized persons.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes
Derived from VR615-24-01 §VIC, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.
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.
22VAC40-100-350. Form and content of case record.
A. In addition to the data required and the intake study, the record shall include a formal request for care or application and/or a copy of court commitment and/or entrustment agreement which shall include financial responsibility, consent for necessary medical and surgical treatment and hospitalization. An entrustment shall only be entered into after it has been determined that the placing person has legal authority to do so.
B. A record shall be kept of on-going medical information on the child which shall include:
1. Immunizations;
2. Dental examinations;
3. Reports of any illness or injury and treatment given;
4. Psychiatric examinations and treatment given, if any;
5. Use of drugs;
6. Routine physical examinations and other medical contacts.
C. The record shall include a summary of the child's progress. Where long term care is offered, these reports shall be recorded at least annually and shall include the following:
1. Reports of significant incidents, both positive and negative, and changes in the family situation;
2. Contact with parents;
3. School reports;
4. Future planning;
5. Summary of child's development.
D. All correspondence relevant to a child shall be kept in the record.
E. Each record shall have a face sheet bearing factual data and identifying information. The face sheet shall include the following:
1. Name;
2. Date and place of birth;
3. Sex;
4. Religion;
5. Race;
6. Names and addresses of parents, siblings, and other close relatives;
7. Guardianship and custody;
8. Date of admission;
9. Insurance policy numbers, Medicaid number; and
10. Name of caseworker and casework supervisor, if an agency placement.
Statutory Authority
§§ 63.2-217 and 63.2-1734 of the Code of Virginia.
Historical Notes
Derived from VR615-24-01 §VIE, eff. November 22, 1972; amended, eff. July 1, 1981, eff. February 1, 1984, eff. May 1, 1984, eff. July 1, 1984.