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1996 SESSION
SB 621 Child protective services.
Introduced by: Joseph V. Gartlan, Jr. | all patrons ... notes | add to my profiles
SUMMARY:
Child protective services. Provides that the standard of proof for a local department of social services to use in determining whether a reported case of child abuse or neglect is founded or unfounded is a preponderance of the evidence. Currently the standard of proof is clear and convincing and is set by State Board of Social Services' regulation. However, when the State Board of Social Services set the standard as clear and convincing there were three possible determinations: founded, reason to suspect and unfounded. Reason to suspect is no longer a category because in February 1995, the Virginia Court of Appeals ruled in Jackson v. Marshall, 19 Va. App. 628, 454 S.E. 2d 23 (1995) that there is no statutory authority to make a "reason to suspect" determination. The State Department of Social Services directed local departments to stop making this finding. The Department purged the central registry of all identifying information associated with the reason to suspect disposition and instructed local departments to purge the physical records.
The administrative appeal process for a person who is the subject of a founded case of child abuse or neglect is restructured to provide a trial de novo in the juvenile and domestic relations district court after the administrative hearing by a Department of Social Services' hearing officer. There will no longer be a provision for a circuit court review of the record under the Administrative Process Act.
FULL TEXT
- 01/22/96 Senate: Presented & ordered printed 967451661 pdf
- 02/08/96 Senate: Floor substitute printed 967511739-S1 (Stolle) pdf
- 02/08/96 Senate: Printed as reengrossed 967511739-ES1 pdf
AMENDMENTS
HISTORY
- 01/22/96 Senate: Presented & ordered printed 967451661
- 01/22/96 Senate: Referred to Committee on Rehabilitation and Social Services
- 01/24/96 Senate: Assigned to R. & S. S. sub-committee: Social Services
- 02/02/96 Senate: Reported from R. & S. S. (13-Y 2-N)
- 02/05/96 Senate: Const. reading disp. (39-Y 0-N), passed by for the day
- 02/05/96 Senate: VOTE: CONST. READING DISPENSED (39-Y 0-N)
- 02/06/96 Senate: Read second time and engrossed
- 02/07/96 Senate: Read third time
- 02/07/96 Senate: Passed by for the day
- 02/08/96 Senate: Read third time
- 02/08/96 Senate: Engrossment reconsidered by Senate (40-Y 0-N)
- 02/08/96 Senate: VOTE: RECONSIDER (40-Y 0-N)
- 02/08/96 Senate: Passed by temporarily
- 02/08/96 Senate: Reading of amendments waived
- 02/08/96 Senate: Amendments #3 & 4 by Mr. Trumbo agreed to
- 02/08/96 Senate: Pending question ordered (28-Y 11-N)
- 02/08/96 Senate: VOTE: PENDING QUESTION (28-Y 11-N)
- 02/08/96 Senate: Amendments #1 & 2 by Mr. Trumbo rejected (20-Y 20-N)
- 02/08/96 Senate: VOTE: FLOOR AMEND 1,2 (20-Y 20-N)
- 02/08/96 Senate: Tie vote, chair votes nay
- 02/08/96 Senate: Reading of substitute waived
- 02/08/96 Senate: Substitute by Mr. Stolle agd. to (20-Y 20-N) 967511739-S1
- 02/08/96 Senate: VOTE: FLOOR SUBSTITUTE (20-Y 20-N)
- 02/08/96 Senate: Floor substitute printed 967511739-S1 (Stolle)
- 02/08/96 Senate: Tie vote, chair votes yea
- 02/08/96 Senate: Amendments by Mr. Stolle agreed to
- 02/08/96 Senate: Reengrossed by Senate - fl. sub. w/amdts. 967511739-ES1
- 02/08/96 Senate: Printed as reengrossed 967511739-ES1
- 02/08/96 Senate: Constitutional reading dispensed (38-Y 0-N)
- 02/08/96 Senate: VOTE: CONST. READING DISPENSED (38-Y 0-N)
- 02/08/96 Senate: Passed Senate (39-Y 0-N)
- 02/08/96 Senate: VOTE: PASSAGE (39-Y 0-N)
- 02/08/96 Senate: Communicated to House
- 02/09/96 House: Placed on Calendar
- 02/10/96 House: Read first time
- 02/10/96 House: Referred to Committee for Courts of Justice
- 02/16/96 House: Reported from Courts of Justice (22-Y 0-N)
- 02/16/96 House: Referred to Committee on Health, Welfare and Institutions
- 02/16/96 House: Assigned to H. W. I. sub-committee: 3
- 02/27/96 House: Stricken from docket by H. W. I. (22-Y 0-N)