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1996 SESSION
962225760Patrons-- Woods, Gartlan, Lucas and Ticer; Delegates: Brickley, Davies, Hamilton, Mayer, Melvin, Puller and Van Yahres
Be it enacted by the General Assembly of Virginia:
1. That § 63.1-248.5:1 of the Code of Virginia, as it is currently effective and as it may become effective, is amended and reenacted as follows:
§ 63.1-248.5:1. (For effective date -- See note) Retention of records in unfounded cases; procedures regarding unfounded reports alleged to be made in bad faith or with malicious intent.
A. The local department shall retain the records of any investigation of a
report or complaint which is made pursuant to this chapter and which it
determines to be unfounded for thirty days from the date the person who is
the subject of the report or complaint is notified of such
determination. 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
unfounded complaints is to provide local
departments with information regarding prior
investigations. The subject of the
report is the person who is alleged to have
committed abuse or neglect. The subject of the report shall have
access to his own record. The record of the
unfounded case shall be purged three
years after the date of the report if there are no subsequent
founded or unfounded reports regarding the same child or
the person who is the subject of the
report in that three
years. The department shall retain the 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.
B. At the time the Department notifies a person who is the subject of a complaint or report made pursuant to this chapter that such complaint or report is unfounded, it shall notify him 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.
C. 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. 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 court shall request and the department shall provide to the court its records of the investigation for the court's in camera review. The petitioner shall be entitled to present evidence to support his petition. If the 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. 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.
§ 63.1-248.5:1. (Delayed effective date - See notes) Retention of records in unfounded cases; procedures regarding unfounded reports alleged to be made in bad faith or with malicious intent.
A. The local department shall retain the records of any investigation of a
report or complaint which is made pursuant to this chapter and which it
determines to be unfounded for thirty days from the date the person who is
the subject of the report or complaint is notified of such
determination 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 unfounded complaints is to provide local departments with information
regarding prior investigations. The subject of the report is the person who is
alleged to have committed abuse or neglect. The subject of the report shall
have access to his own record. The record of the unfounded case shall be
purged three years after the date of the report if there are no subsequent
founded or unfounded reports regarding the same child or the person who is the
subject of the report in that three years. The department shall retain
the 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.
B. At the time the Department notifies a person who is the subject of a complaint or report made pursuant to this chapter that such complaint or report is unfounded, it shall notify him 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.
C. 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 family court in the jurisdiction in which the report or complaint was made for the release to such person of the records of the investigation. 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 court shall request and the department shall provide to the court its records of the investigation for the court's in camera review. The petitioner shall be entitled to present evidence to support his petition. If the 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. 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.