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
CPS Regulatory Action-2022 Legislative Changes
Action 5979
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.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act, but falls within the Executive Branch and will be reviewed by the Governor's Office.
RIS Project Yes  [7213]
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
9662 Final Stage complete. This regulation became effective on 11/10/2022.
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: ()-

This person is the primary contact for this chapter.