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2003 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 63.2-1514 of the Code of Virginia is amended and reenacted as follows:
§ 63.2-1514. Retention of records in all reports; procedures regarding unfounded reports alleged to be made in bad faith or with malicious intent.
A. The local department shall retain the records of all reports or complaints made pursuant to this chapter, in accordance with regulations adopted by the Board.
B. The Department shall maintain a child abuse and neglect information system
that includes a central registry of founded complaints, pursuant to §
63.2-1515. The Department shall maintain all (i) unfounded investigations, (ii)
family assessments, and (iii) reports or complaints determined to be not valid
in a record which is separate from the central registry and accessible only to
the Department and to local departments for child-protective services. The
purpose of retaining these complaints or reports is to provide local
departments with information regarding prior complaints or reports. In no event
shall the mere existence of a prior complaint or report be used to determine
that a subsequent complaint or report is founded. The subject of the complaint
or report is the person who is alleged to have committed abuse or neglect. The
subject of the complaint or report shall have access to his own record. The
record of unfounded investigations, family assessments, and complaints and
reports determined to be not valid shall be purged one year after the date of
the complaint or report if there are no subsequent complaints or reports
regarding the same child or the person who is the subject of the complaint or
report in that one year. The local department shall retain the such records for
an additional period of up to two years if requested in writing by the person who is the subject of
such complaint or report. The record of family assessments shall be purged
three years after the date of the complaint or report if there are no
subsequent complaints or reports regarding the same child or the person who is
the subject of the report in that three-year period. The child-protective
services records regarding the petitioner which result from such complaint or report
shall be purged immediately by any custodian of such records upon presentation
to the custodian of a certified copy of a court order that there has been a
civil action which that determined that the complaint or report was made in bad
faith or with malicious intent. After purging the records, the custodian shall notify the petitioner
in writing that the records have been purged.
C. At the time the local department notifies a person who is the subject of a
complaint or report made pursuant to this chapter that such complaint or report
is either an unfounded investigation or a completed family assessment, it shall
notify him that how long the record will be retained for one year and of the
availability of the procedures set out in this section regarding reports or complaints alleged to be made in bad
faith or with malicious intent.
D. Any person who is the subject of an unfounded report or complaint made pursuant to this chapter who believes that such report or complaint was made in bad faith or with malicious intent may petition the circuit court in the jurisdiction in which the report or complaint was made for the release to such person of the records of the investigation or family assessment. Such petition shall specifically set forth the reasons such person believes that such report or complaint was made in bad faith or with malicious intent. Upon the filing of such petition, the circuit court shall request and the local department shall provide to the circuit court its records of the investigation or family assessment for the circuit court's in camera review. The petitioner shall be entitled to present evidence to support his petition. If the circuit court determines that there is a reasonable question of fact as to whether the report or complaint was made in bad faith or with malicious intent and that disclosure of the identity of the complainant would not be likely to endanger the life or safety of the complainant, it shall provide to the petitioner a copy of the records of the investigation or family assessment. The original records shall be subject to discovery in any subsequent civil action regarding the making of a complaint or report in bad faith or with malicious intent.