Virginia HB 196: Child abuse or neglect; extension of hearings to review findings by local depts. of social services.

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2018 SESSION

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18101323D

HOUSE BILL NO. 196 

Offered January 10, 2018 

Prefiled December 28, 2017 

A BILL to amend and reenact � 63.2-1526 of the Code of 
 Virginia, relating to extensions of hearings to review findings by local 
 departments of social services related to child abuse or neglect. 
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Patrons-- Bulova, Bell, Robert B. and Fariss 

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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 � 63.2-1526 of the Code of Virginia is amended and 
 reenacted as follows:

� 63.2-1526. Appeals of certain actions of local departments.

A. A person who is suspected of or is found to have committed abuse 
 or neglect may, within thirty days of being notified of that determination, 
 request the local department rendering such determination to amend the 
 determination and the local department's related records. Upon written request, 
 the local department shall provide the appellant all information used in making 
 its determination. Disclosure of the reporter's name or information which may 
 endanger the well-being of a child shall not be released. The identity of a 
 collateral witness or any other person shall not be released if disclosure may 
 endanger his life or safety. Information prohibited from being disclosed by 
 state or federal law or regulation shall not be released. The local department 
 shall hold an informal conference or consultation where such person, who may be 
 represented by counsel, shall be entitled to informally present testimony of 
 witnesses, documents, factual data, arguments or other submissions of proof to 
 the local department. With the exception of the local director, no person whose 
 regular duties include substantial involvement with child abuse and neglect 
 cases shall preside over the informal conference. If the local department 
 refuses the request for amendment or fails to act within forty-five days after 
 receiving such request, the person may, within thirty days thereafter, petition 
 the Commissioner, who shall grant a hearing to determine whether it appears, by 
 a preponderance of the evidence, that the determination or record contains 
 information which is irrelevant or inaccurate regarding the commission of abuse 
 or neglect by the person who is the subject of the determination or record and 
 therefore shall be amended. A person who is the subject of a report who 
 requests an amendment to the record, as provided above, has the right to obtain 
 an extension for an additional specified period of up to sixty days by 
 requesting in writing that the forty-five days in which the local department 
 must act be extended. The extension period, which may be up to sixty days, 
 shall begin at the end of the for