Virginia HB 389: Child abuse and neglect; notice of founded reports to Superintendent of Public Instruction.

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2018 SESSION

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18101334D

HOUSE BILL NO. 389 

Offered January 10, 2018 

Prefiled January 5, 2018 

A BILL to amend and reenact � 63.2-1503 of the Code of 
 Virginia, relating to child abuse and neglect; notice of founded reports to 
 Superintendent of Public Instruction. 
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Patrons-- Keam, Bulova and Peace; Senators: Favola and Marsden 

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Referred to Committee on Health, Welfare and Institutions 

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Be it enacted by the General Assembly of Virginia:

1. That � 63.2-1503 of the Code of Virginia is amended and 
 reenacted as follows:

� 63.2-1503. Local departments to establish child-protective 
 services; duties.

A. Each local department shall establish child-protective 
 services under a departmental coordinator within such department or with one or 
 more adjacent local departments that shall be staffed with qualified personnel 
 pursuant to regulations adopted by the Board. The local department shall be the 
 public agency responsible for receiving and responding to complaints and 
 reports, except that (i) in cases where the reports or complaints are to be 
 made to the court and the judge determines that no local department within a 
 reasonable geographic distance can impartially respond to the report, the court 
 shall assign the report to the court services unit for evaluation; and (ii) in 
 cases where an employee at a private or state-operated hospital, institution or 
 other facility, or an employee of a school board is suspected of abusing or 
 neglecting a child in such hospital, institution or other facility, or public 
 school, the local department shall request the Department and the relevant 
 private or state-operated hospital, institution or other facility, or school board 
 to assist in conducting a joint investigation in accordance with regulations 
 adopted by the Board, in consultation with the Departments of Education, 
 Health, Medical Assistance Services, Behavioral Health and Developmental 
 Services, Juvenile Justice and Corrections.

B. The local department shall ensure, through its own 
 personnel or through cooperative arrangements with other local agencies, the 
 capability of receiving reports or complaints and responding to them promptly 
 on a 24-hours-a-day, seven-days-per-week basis.

C. The local department shall widely publicize a telephone 
 number for receiving complaints and reports.

D. The local department shall notify the local attorney for 
 the Commonwealth and the local law-enforcement agency of all complaints of suspected 
 child abuse or neglect involving (i) any death of a child; (ii) any injury or 
 threatened injury to the child in which a felony or Class 1 misdemeanor is also 
 suspected; (iii) any sexual abuse, suspected sexual abuse or other sexual 
 offense involving a