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1996 SESSION


CHAPTER 455
An Act to amend and reenact § 63.1-53 of the Code of Virginia, relating to access to records of local boards of social services; penalty.
[H 1398]
Approved March 31, 1996

Be it enacted by the General Assembly of Virginia:

1. That § 63.1-53 of the Code of Virginia is amended and reenacted as follows:

§ 63.1-53. Allowing access to records; penalty.

All records and statistical registries of the State Department of Social Services and of the local boards and other information, which records, registries and information pertain to assistance and services provided any individual, shall be confidential and shall not be disclosed except to persons having a legitimate interest and persons specified hereinafter and in § 63.1-209. Upon receipt of a request and documentation of an indictment or issuance of a warrant, local boards and the State Department of Social Services may disclose from client records to the extent permitted by federal law, to the requesting law-enforcement agency, the address of an individual who has been indicted or for whom a warrant for arrest for a crime punishable by incarceration has been issued. The local boards shall allow the Commissioner, the Commissioner of the Virginia Department for the Visually Handicapped, and duly authorized agents and employees of each, at all times, to have access to the records of the local boards relating to the appropriation, expenditure and distribution of funds for, and other matters concerning, assistance and services under this title.

Except as to the Commissioner, the Commissioner of the Virginia Department for the Visually Handicapped, and duly authorized agents and employees of each, records and credit information shall be made available as aforesaid only on an individual basis and the person, firm or corporation shall name the individual whose record is requested. No record shall be made available except for purposes directly connected with the administration of the public welfare program. No record shall be made available to any person filing a list or lists of employment opportunities with a local board or superintendent pursuant to the provisions of Chapter 6.2 (§ 63.1-133.7 et seq.) of this title. It shall be unlawful for any person, firm, corporation, or association to use any name or list of names obtained directly or indirectly through access to such records for commercial or political purposes, or to publish the name of any child receiving assistance under the provisions of § 63.1-56, and any person violating these provisions shall be guilty of a Class 1 misdemeanor and punished accordingly.