Virginia HB 287: Central registry; retention of records.

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2020 SESSION

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CHAPTER 38 

An Act to amend and reenact � 63.2-1514 of the Code of 
Virginia, relating to Department of Social Services; central registry; 
retention of records. 

[H 287] 

Approved March 2, 2020 

Be it enacted by the General Assembly of Virginia:

1. That � 63.2-1514 of the Code of Virginia is amended and 
reenacted as follows:

� 63.2-1514. Retention of records in all reports; procedures 
regarding unfounded reports alleged to be made in bad faith or with malicious 
intent.

A. The local department shall retain the records of all 
reports or complaints made pursuant to this chapter, in accordance with 
regulations adopted by the Board. However, all records related to founded cases 
of child sexual abuse involving injuries or conditions, real or threatened, 
that result in or were likely to have resulted in serious harm to a child shall 
be maintained by the local department for a period of 25 years from the date of 
the complaint.

B. The Department shall maintain a child abuse and neglect 
information system that includes a central registry of founded complaints, 
pursuant to � 63.2-1515. The Department shall maintain all (i) unfounded 
investigations, (ii) family assessments, and (iii) reports or complaints determined 
to be not valid in a record which is separate from the central registry and 
accessible only to the Department and to local departments for child-protective 
services. The purpose of retaining these complaints or reports is to provide 
local departments with information regarding prior complaints or reports. In no 
event shall the mere existence of a prior complaint or report be used to 
determine that a subsequent complaint or report is founded. The subject of the 
complaint or report is the person who is alleged to have committed abuse or 
neglect. The subject of the complaint or report shall have access to his own 
record. The record of unfounded investigations and complaints and reports 
determined to be not valid that involved reports of child abuse or neglect 
shall be purged three years after the date of the complaint or report if 
there are no subsequent complaints or reports regarding the same child or the 
person who is the subject of the complaint or report within such three-year 
period. Records of complaints and reports determined to be not valid shall be 
purged one year after the date of the complaint or report if there are no 
subsequent complaints or reports regarding the same child or the person who is 
the subject of the complaint or report in that one year. The local department 
shall retain such records for an additional period of up to two years if 
requested in writing by the person who is the subject of such complaint or 
report. The record of family assessments shall be purged three years after the 
date of the complaint or report if there are no subsequent complaints or 
reports regarding the same