Agencies | Governor
Virginia Regulatory Town Hall
Department of Social Services
State Board of Social Services
Investigation of Child Abuse and Neglect in Out of Family Complaints [22 VAC 40 ‑ 730]
Amend Investigation of Child Abuse and Neglect in Out of Famiy Complaints
General Information
Action Summary This regulation governs the investigation of child abuse and neglect complaints in out of family (OOF) settings by local departments of social services (LDSS). The regulation is being amended to be consistent with 22VAC40-705 Child Protective Services, the Code of Virginia, and applicable federal law. This regulatory action is in follow-up to a periodic review of the regulation. The agency proposes simple amendments to the existing regulation for the purpose of clarity and reformatting of information to conform to the requirements of “Form, Style, and Procedure Manual for Publication of Virginia Regulations.” Additionally, definitions in the regulation have been updated to reflect the definitions provided in § 63.2-100 of the Code of Virginia. Definitions have been added for “child-placing agency” and “foster home” in order to provide clarity on OOF settings. The training requirements for staff qualified to conduct OOF investigations have been updated. The regulation has been updated to include language from § 63.2-1511 A1 of the Code of Virginia regarding OOF investigations involving school employees. The regulation has also been updated to include language from § 63.2-1503 M of the Code of Virginia regarding the rights of an abuser or neglector who has been criminally charged. Lastly, the agency proposes repealing section 120 of the regulation, as the monitoring of cases is addressed in 22VAC40-705.
Chapters Affected Only affects this chapter.
Exempt from APA No, this action is subject to Article 2 of the Administrative Process Act.
RIS Project Yes  [005668]
Result of Prior Periodic Review Dated 7/16/2018
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
8406 Fast-Track Stage complete. This regulation became effective on 08/23/2019.
Contact Information
Name / Title: Shannon Hartung  / CPS Program Manager
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.