Agencies | Governor
Virginia Regulatory Town Hall
Agency
Department of Social Services
Board
State Board of Social Services
chapter
Child Protective Services [22 VAC 40 ‑ 705]
This action is exempt from the executive branch review process.
Action:
CPS Regulatory Action-2022 Legislative Changes
 
General Information
Action Summary This regulatory action is necessary to implement the requirements of legislation passed during the 2020 and 2022 Sessions of the Virginia General Assembly and to conform the existing regulation to current state law. Chapter 829 (SB 579) of the 2020 Acts of Assembly reclassified offenses for which registration is required on the sex offender and crimes against minors registry. The reclassification mirrors the federal sexual offender classification system of Tier I, Tier II, and Tier III offenders. Sexually Violent Offenders are now classified as Tier III offenders. The regulatory action makes changes to reflect the reclassification of violent sexual offenders to Tier III offenders. Chapter 366 (HB 1334) of the 2022 Acts of Assembly expands the definition of a caretaker in the criteria for a valid child protective services report or complaint of sexual abuse or sexual exploitation to include the alleged victim child’s parent, caretaker, or intimate partner of such parent or caretaker. The regulatory action makes changes to reflect the expanded definition as found in §§ 16.1-228, 63.2-100, and 63.2-1508 of the Code of Virginia.
Chapters Affected Only affects this chapter.
Exempt from APA Yes, this action is exempt from Article 2 of the Administrative Process Act.
Exempt Citation: 2.2-4006 A.4.a.
RIS Project Yes  [7213]
Associated Mandates
New Periodic Review This action will not be used to conduct a new periodic review.
 
Stages
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Contact Information
Name / Title: Mary Walter  / CPS Program Consultant
Address: 801 E. Main Street
Richmond, VA 23219
Email Address: mary.walter@dss.virgnia.gov
Phone: (804)726-7569    FAX: (804)726-7499    TDD: ()-

This person is the primary contact for this chapter.