Virginia Regulatory Town Hall
Department of Social Services
State Board of Social Services
Child Protective Services [22 VAC 40 ‑ 705]
Action is Exempt from Article 2 of the Administrative Process Act
Exempt Amendment to Child Protective Services
General Information
Action Summary This regulatory action is necessary to implement the requirements of legislation passed during the 2019 session of the General Assembly. Chapter 276 (HB1671) of the 2019 Acts of Assembly requires local departments of social services (LDSS) to obtain and consider statewide child abuse and neglect registry records of any individual who is the subject of a Child Protective Services (CPS) investigation or family assessment, determine if the subject of the investigation or family assessment has resided in another state within the last five years, and request a search of the child abuse or neglect registry in that state(s). Chapter 12 (HB 1953) and Chapter 296 (SB 1416) of the 2019 Acts of Assembly (identical bills) allow LDSS to stay the administrative appeal process for up to 180 days when a criminal investigation has been commenced against the appellant for the same conduct involving the same victim as investigated by the LDSS, and expands LDSS’ ability to stay administrative appeals for misdemeanor charges that are adjudicated in the district court. Chapter 381 (HB 2597) and Chapter 687 (SB 1661) of the 2019 Acts of Assembly (identical bills) require LDSS to conduct a human trafficking assessment for all complaints involving the sex or labor trafficking of a child, expands the definition of caretaker in cases of child trafficking, and allows a CPS worker responding to a complaint involving the human trafficking of a child to take custody of the child for up to 72 hours without the prior approval of the parent or guardian, in order to protect the child. Chapter 98 (SB 1436) of the 2019 Acts of Assembly clarifies that a health care provider’s suspicion that a child is abused or neglected based on the mother’s in utero substance exposure does not constitute a “finding per se” of child abuse or neglect and codifies the hospital’s responsibility for the development of a written discharge plan and referral to the local community services board.
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act. The normal executive branch review process is not required. As such, it can be submitted directly for publication and is effective upon publication.
Exempt Citation: 2.2-4006 A.4.a.
RIS Project Yes  [006027]
Associated Mandates
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
8665 Final Stage complete. This regulation became effective on 10/17/2019.
Contact Information
Name / Title: Shannon Hartung 
Address: 801 E. Main Street

Richmond, VA 23219
Email Address:
Phone: (804)726-7554    FAX: (804)726-7499    TDD: ()-