Virginia Administrative Code
Title 22 - SOCIAL SERVICES
Agency 40 - DEPARTMENT OF SOCIAL SERVICES
Chapter 910 - GENERAL PROVISIONS FOR MAINTAINING AND DISCLOSING CONFIDENTIAL INFORMATION OF PUBLIC ASSISTANCE, CHILD SUPPORT ENFORCEMENT, AND SOCIAL SERVICES RECORD
Section 22VAC40-910-100 - Confidential client information pertaining to social services programs
Universal Citation: 2 VA Admin Code 40-910-100
Current through Register Vol. 41, No. 3, September 23, 2024
A. Confidentiality of client information of social services programs is assured by §§ 63.2-104 and 63.2-105 of the Code of Virginia.
B. Releasing confidential social services information.
1. The Commissioner of the Virginia
Department of Social Services, the State Board of Social Services, and their
agents shall have access to all social services client records pursuant to
§
63.2-104
of the Code of Virginia.
2. Social
services client records must be confidential and can only be released to
persons having a legitimate interest in accordance with federal and state laws
and regulations pursuant to §
63.2-104
of the Code of Virginia. Section
63.2-104
of the Code of Virginia does not apply to the disclosure of adoption records,
reports, and information. The disclosure of adoption records, reports, and
information is governed by §
63.2-1246
of the Code of Virginia.
3. The
following statutory and regulatory provisions provide guidance on the
definition of legitimate interest as applied to specific social services
programs:
a. Adult Protective Services client
records can be released to persons having a legitimate interest pursuant to
22VAC30-100-50.
b. Child Protective Services Client Records
and Information Disclosure:
(1) Child
protective services client records can be released to persons having a
legitimate interest pursuant to §
63.2-105A
of the Code of Virginia.
(2) The
public has a legitimate interest to limited information about child abuse or
neglect cases that resulted in a child fatality or near fatality. Pursuant to
the Child Abuse and Prevention Treatment Act (CAPTA), as amended (
P.L.
108-36 (
42
USC §
5106a)) states must have
provisions that allow for public disclosure of the findings or information
about the case of child abuse or neglect that has resulted in a child fatality
or near fatality. Accordingly, agencies must release the following information
to the public, providing that nothing disclosed would be likely to endanger the
life, safety, or physical or emotional well-being of a child or the life or
safety of any other person; or that may compromise the integrity of a Child
Protective Services investigation, or a civil or criminal investigation, or
judicial proceeding:
(a) The fact that a
report has been made concerning the alleged victim child or other children
living in the same household;
(b)
Whether an investigation has been initiated;
(c) The result of the completed
investigation;
(d) Whether previous
reports have been made concerning the alleged victim child or other children
living in the same household and the dates thereof, a summary of those previous
reports, and the dates and outcome of any investigations or actions taken by
the agency in response to those previous reports of child abuse or neglect;
and
(e) The agency's activities in
handling the case.
(3)
Information regarding child protective services reports, complaints,
investigation and related services and follow-up may be shared with the
appropriate Family Advocacy Program representative of the United States Armed
Forces as provided in
22VAC40-705-140
E, Child Protective Services Release of Information to Family Advocacy Program
Representatives of the United States Armed Forces.
(4) The agency must release child protective
services client records in the instances of mandatory disclosure as provided in
22VAC40-705-160.
The local department may release the information without written
consent.
4.
Foster care client records about children in foster care or their parents can
be released upon order of the court. For instance, client records may be
released to the guardian ad litem and the court appointed special advocate who
are appointed for a child as a result of a court order or to attorneys
representing the child or the child's parents.
Statutory Authority: § 63.2-217 of the Code of Virginia.
Disclaimer: These regulations may not be the most recent version. Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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