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2004 SESSION

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043438352
HOUSE BILL NO. 732 Offered January 14, 2004 Prefiled January 13, 2004 A BILL to amend the Code of Virginia by adding in Article 2 of Chapter 16 of Title 63.2 a section numbered 63.2-1610.1, relating to unfounded reports that a person is in need of adult protective services. ---------- Patron-- Joannou ---------- Referred to Committee on Health, Welfare and Institutions ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 2 of Chapter 16 of Title 63.2 a section numbered 63.2-1610.1 as follows:

§ 63.2-1610.1. Reports made in bad faith or with malicious intent.

Any person who is the subject of an unfounded report made pursuant to this article who believes that the report was made in bad faith or with malicious intent may petition the circuit court in the jurisdiction in which the report was made for the release to such person of the records of the investigation. The subject of the report is the person who is alleged to have committed abuse, neglect or exploitation of an adult. Such petition shall specifically set forth the reasons the person believes that the report was made in bad faith or with malicious intent. Upon the filing of the petition, the circuit court shall request and the local department shall provide to the circuit court its records of the investigation 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 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. 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.