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1998 SESSION
984329180Be it enacted by the General Assembly of Virginia:
1. That § 63.1-248.5:1, as it is currently effective and as it may become effective, and § 63.1-248.8 of the Code of Virginia are amended and reenacted as follows:
§ 63.1-248.5:1. 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 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. In no event shall the mere existence of a prior complaint
be used to determine that a subsequent complaint is founded. 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 one year 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 one year. 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. The child
protective services records regarding the petitioner which result from such
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 which determined that the 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.
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 that the record will be retained for one year 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.
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) 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 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. In no event shall the mere existence of a prior complaint
be used to determine that a subsequent complaint is founded. 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 one year 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 one year. 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 that the record will be retained for one year 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.
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. The child protective services records regarding the petitioner which result from such 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 which determined that the 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.
§ 63.1-248.8. Central registry; disclosure of information; penalty.
The central registry shall contain such information as shall be prescribed by State Board regulation. The information contained in the central registry shall not be open to inspection by the public. However, appropriate disclosure may be made in accordance with State Board regulations. Such appropriate disclosure shall include information regarding a specific person which shall be disseminated, upon receipt of an official request form, to any person who is seeking child-minding or day-care services. The official request form shall include the name and address of the person requesting the information and the name, address, social security number and signed consent of the person about whom information is sought. Information provided under this section shall be used only for the purposes of screening current or prospective employees or volunteers seeking to provide child-minding or day-care services. Further dissemination of such information or use of the information for purposes not authorized by this section is prohibited, and a willful violation of this section shall be punished as a Class 1 misdemeanor. Any central registry check of a person who has applied to be a volunteer with a Virginia affiliate of Big Brothers/Big Sisters of America, volunteer fire company or volunteer rescue squad, or with a court-appointed special advocate program pursuant to § 9-173.8 shall be conducted at no charge.