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]
Action Review & Amend CPS Regulation
Stage Proposed
Comment Period Ends 2/12/2016
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1/14/16  8:43 am
Commenter: Rebecca Morgan, Middlesex Social Services

Comments regarding disclosure of records
 

The draft regulation is not clearly stated.  Records cannot be released during the investigation without permission.  Once the investigation is completed and court action is concluded, we can release that information if the abuser has appealed the CPS disposition.   The wording in the regulation, "No information gathered during a joint investigation with law enforcement shall be released by the local department unless authorized by the investigating law enforcement agency or the local attorney for the Commonwealth pursuant to 63.2 1516.1 B of the Code of Virginia" would lead one to conclude that information can never be released without permission.

 

The intent would be much clearer if it read, "No information gathered during a joint investigation with law enforcement shall be released by the local department prior to the conclusion of the investigation and resolution of all criminal matters unless authorized by the investigating law enforcement agency or the local attorney for the Commonwealth pursuant to 63.21516.1 B of the code of Virginia."

 

The language in the policy is clear that information is not to be released in investigations "that are being investigated jointly".  This implies during the investigation.  The code's language refers to case "being criminally investigated" and local agency and law enforcement "conducting a joint investigation."

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CommentID: 49106