Agencies | Governor
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
Substance Exposed Infants and Amended Reporting Requirements
General Information
Action Summary 22VAC40-40 addresses reporting child abuse and neglect to Child Protective Services (CPS), including information regarding mandated reporters and reports concerning children exposed to controlled substances before birth. Amending 22VAC40-705-40 is necessary to comport with legislative changes from the 2012 Session of the General Assembly. Changes include: 1) Adding a requirement for persons who make a report on behalf of another mandated reporter to provide feedback to the initial reporter. 2) Reducing the timeframe considered for failure to report suspicions of child abuse and neglect by mandated reporters from 72 to 24 hours. 3) Adding an additional penalty of a Class 1 misdemeanor for failure to report cases of rape, sodomy, or object sexual penetration. 4) Adding a stipulation that if a person has actual knowledge a report has been made, they are not required to make the same report. 5) In the section regarding infants exposed to controlled substances before birth, changing the term attending physician to healthcare provider, changing the term fetal alcohol syndrome to fetal alcohol spectrum disorder, and changing the terms blood and urine tests to toxicology studies of the child. 6) Deleting the paragraph regarding the ability of the attending physician to designate hospital staff to make a report to CPS, because this is covered in more detail in section 22VAC40-705-40A.2.
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: Section 2.2-4006
RIS Project Yes  [003179]
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
6181 Final Stage complete. This regulation became effective on 08/15/2012.
Contact Information
Name / Title: Rita Katzman  / CPS Program Manager
Address: Division of Family Services
801 E. Main Street
Richmond, VA 23219
Email Address:
Phone: (804)726-7554    FAX: (804)726-7499    TDD: (800)828-1120