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:
Amend CPS Regulation 2021
 
General Information
Action Summary This regulatory action is necessary to implement the requirements of legislation passed during the 2021 session of the General Assembly. Chapter 305 (HB 2191) of the 2021 Acts of Assembly requires local departments of social services, when conducting investigations or family assessments, to disclose to the child's parent or guardian, upon request, the location of the child, provided that (i) the investigation or family assessment has not been completed and a report has not been transmitted; (ii) the parent or guardian requesting disclosure of the child's location has not been the subject of a founded report of child abuse or neglect; (iii) the parent or guardian requesting disclosure of the child's location has legal custody of the child and provides to the local department of social services any records or other information necessary to verify such custody; (iv) the local department is not aware of any court order, and has confirmed with the child's other parent or guardian or other person responsible for the care of the child that no court order has been issued, that prohibits or limits contact by the parent or guardian requesting disclosure of the child's location with the child, the child's other parent or guardian or other person responsible for the care of the child, or any member of the household in which the child is located; and (v) disclosure of the child's location to the parent or guardian will not compromise the safety of the child, the child's other parent or guardian, or any other person responsible for the care of the child.
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  [6765]
Is Federal action a driving factor in this regulatory change? If so, please provide a specific reference to the law, regulation or court case.
No
Associated Mandates Amend CPS Regulation 2021
New Periodic Review This action will not be used to conduct a new periodic review.
 
Stages
Stages associated with this regulatory action.
Stage ID Stage Type Status
9282 Final Stage complete. This regulation became effective on 10/13/2021.
 
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.