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2020 SESSION
20100917DBe 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. However, all records related to founded cases of child sexual abuse involving injuries or conditions, real or threatened, that result in or were likely to have resulted in serious harm to a child shall be maintained by the local department for a period of 25 years from the date of the complaint.
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 and
complaints and reports determined to be not valid that involved reports of child abuse or
neglect 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 complaint or report within such three-year period. Records of 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 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 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 how long the record will be retained 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. Upon request, the local department shall advise the person who was the subject of an unfounded investigation if the complaint or report was made anonymously. However, the identity of a complainant or reporter shall not be disclosed.
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.