Virginia’s Child Abuse and Neglect ActSince its passage in 1974, the Virginia Child Abuse and Neglect Act has been considered one of the most progressive laws of its type in the nation, serving as an example to many other states. The comprehensive law protects Virginia’s children while keeping families together whenever possible. In July, 1975, the law was amended to require all complaints of child abuse or neglect, and to provide services to families whose children might be abused or neglected.According to Virginia law (Section 63.1-248.et.seq.), the abused or neglected child is any child under 18 years of age whose parents or any person responsible for his or her care (such as babysitter, teacher, foster parent, or relative):
- Causes or threatens to cause a non-accidental physical or mental injury;
- Neglects or refuses to provide adequate food, clothing, shelter, emotional nurturing, or health care;
- Abandons the child;
- Neglects or refuses to provide adequate supervision in relation to a child’s age and level of development; or
- Commits or allows to be committed any illegal sexual act upon a child, including incest, rape, indecent exposure, prostitution, or allowing a child to be used in any sexually explicit visual material.
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Local Social Service Agency ResponsibilityWhen a local social service agency receives a report of child abuse or neglect, the agency must determine whether the report is a valid complaint and must, therefore, be investigated. A valid complaint is one that meets all of the following criteria:
- the child must be under the age 18 at the time of the complaint
- the alleged abuser must be the child’s parent or caretaker,
- the report must be made in the city or county where the child lives, where the abuse occurred, or, if neither of these is known, where the abuse is discovered.
- the circumstances must meet the state definition of abuse and neglect.
If so, an immediate investigation is required.
During the investigation, the CPS worker routinely:
- checks for other reports of abuse or neglect
- talks face-to-face with the child involved
- observes the child for injuries or signs of abuse or neglect
- observes the child’s home and where the alleged abuse/neglect took place
- talks face-to-face with the child’s parents
- talks face-to-face with the person who someone claims has abused or neglected the child
Sometimes the CPS worker may also:
- talk with other people who know about the child’s care, such as doctors, teachers, other relatives, etc. The person who makes the complaint may help identify people who should be contacted. No one will know about these interviews except the people involved.
- interview and observe other children in the home
- arrange for a medical or psychological examination of the child.
Within 45 days after the complaint is received, the CPS worker will submit a report to the state’s Child Abuse and Neglect Central Registry, maintained by the Virginia Department of Social Services. The investigation may be completed sooner with the cooperation of all parties involved. The findings will be reported in one of the following categories
- FOUNDED: After a complete investigation, the CPS worker has clear and convincing evidence that the child has been abused or neglected. Records of Founded investigations are kept by both the local department and the State Child Abuse and Neglect Central Registry for 3 to 18 years, depending on the seriousness of the situation.
- UNFONDED: After a complete investigation, the social worker has not found any evidence of abuse or neglect. A record of the investigation will be kept for 30 days, although the subject of the complaint may request that it be kept for up to two years. Statistics only, without names, are kept by the state.
- REASON TO SUSPECT: A complete investigation reveals no clear and convincing evidence that abuse or neglect occurred; however, the CPS worker has reason(s) to believe that abuse or neglect is kept locally and by the state for one year.
Anyone named in the Central Registry has a right to appeal if they disagree with a finding of “Founded” or “Reason to Suspect”.
| Parental ResponsibilityVirginia’s Child Protective Services Program is designed to prevent and treat abuse or negelect by helping parents resolve their problems and learn better methods of child care and discipline. It recognizes the importance of a physically and emotionally healthy environment for children and works toward keeping families together in that kind of environment.Most parents who abuse or neglect their children want what is best for their children, but stress makes it hard for them to be the kind of parents they would like to be.
Once a child protective services worker becomes involved with a family, the parents are expected to:
- Cooperate with the child protective service worker in setting up and following through on plans that would provide for the child’s best interest in the future;
- Notify the child protective services worker about changes in the family situation; and
- Keep in contact with the child protective services worker.
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| Community ResponsibilityAnyone may report a concern about a child’s well-being, provided the report is made in good faith. In Virginia, certain people responsible for the care or treatment of children are required by law to report cases of suspected abuse or neglect. Some examples include doctors, nurses, social workers, teachers, court and police officers, mental health professionals, staff of institutions, and any person providing child care for pay.A report should be made when there is resonable cause to believe that a child or adolescent has been abused or neglected or is in danger of being abused. A report of suspected abuse is only a request for an investigation. The person making the report does not need to prove the abuse. Investigation and validation of child abuse complaints are responsibilities of the child protective services worker.
If additional incidents of abuse occur after the initial report has been made, make another report.
To report child abuse, call the statewide toll-free hotline (1-800-552-7096) or the local social services agency where the child lives or where the abuse or neglect has occurred or if neither of these is known, where the abuse is discovered. It is helpful for the reporter to provide:
- the name and address of the child and the parent or other person responsible for his/her care;
- the child’s age, sex, and race;
- a description of the alleged abuse and neglect and how long it may have been happening;
- the name of the school the child attends;
- the names of other people, especially children, in the home;
- directions to the home;
- the reporter’s relationship to the child.
The reporter is not required to give his or her name; however, the reporter’s name is requested so that the CPS worker can let the reporter know the report was investigated or can request additional information. By law, the social worker is not allowed to give detailed information to the reporter.
If the reporter does provide his or her name and requests to remain anonymous, the name will not be given to the alleged abuser or neglector, except under court order. |
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