22 Va. Admin. Code § 40-705-60 - Authorities of local departments
A. When
responding to valid complaints or reports, local departments have the following
authorities:
1. To talk to any child suspected
of being abused or neglected, or child's siblings, without the consent of and
outside the presence of the parent or other caretaker, as set forth by §
63.2-1518 of the Code of
Virginia.
2. To take or arrange for
photographs and x-rays of a child who is the subject of a complaint without the
consent of and outside the presence of the parent or other caretaker, as set
forth in §
63.2-1520 of the Code of
Virginia.
3. To take a child into
custody on an emergency removal under such circumstances as set forth in §
63.2-1517 of the Code of
Virginia.
a. A child protective services
worker planning to take a child into emergency custody shall first consult with
a supervisor. However, this requirement shall not delay action on the child
protective services worker's part if a supervisor cannot be contacted and the
situation requires immediate action.
b. When circumstances warrant that a child be
taken into emergency custody during a family assessment, the report shall be
reassigned immediately as an investigation.
c. Any person who takes a child into custody
pursuant to §
63.2-1517 of the Code of
Virginia shall be immune from any civil or criminal liability in connection
therewith, unless it is proven that such person acted in bad faith or with
malicious intent.
d. The local
department shall have the authority to have a complete medical examination made
of the child including a written medical report and, when appropriate,
photographs and x-rays pursuant to §
63.2-1520 of the Code of
Virginia.
e. When a child in
emergency custody is in need of immediate medical or surgical treatment, the
local director of social services or the local director's designee may consent
to such treatment when the parent does not provide consent and a court order is
not immediately obtainable.
f. When
a child is not in the local department's custody, the local department cannot
consent to medical or surgical treatment of the child.
g. When a child is removed, every effort must
be made to obtain an emergency removal order within four hours. Reasons for not
doing so shall be stated in the petition for an emergency removal
order.
h. Every effort shall be
made to provide notice of the removal in person to the parent or guardian as
soon as practicable.
i. Within 30
days of removing a child from the custody of the parents or legal guardians,
the local department shall exercise due diligence to identify and notify in
writing all maternal and paternal grandparents and other adult relatives of the
child (including any other adult relatives suggested by the parents) and all
parents who have legal custody of any siblings of the child being removed and
explain the options they have to participate in the care and placement of the
child, subject to exceptions due to family or domestic violence. These
notifications shall be documented in the state automated system. When
notification to any of these relatives is not made, the local department shall
document the reasons in the state automated system.
4. To enter into a parental child safety
placement agreement with a parent, guardian, or legal custodian of a child if
it is determined that the child cannot remain safely with the child's parent,
guardian, or legal custodian, in accordance with Article 7 (§
63.2-1531 et seq.) of Chapter 15
of Title 63.2 of the Code of Virginia and
22VAC40-705-200.
a. A child protective services worker who
determines a child cannot remain safely in the care of the child's parent,
guardian, or legal custodian must first consult with a supervisor. However,
this requirement must not delay action on the child protective services
worker's part if a supervisor cannot be contacted and situation requires
immediate action.
b. Pursuant to
§
63.2-1534 of the Code of
Virginia, the local department must conduct a criminal history inquiry and
child welfare history inquiry on all adults 18 years of age and older residing
in the home of the proposed caregiver under a parental child safety placement
agreement. The assessment of the criminal history inquiry and child welfare
history inquiry must be completed in accordance with the provisions of
22VAC40-705-200.
B. When responding to a complaint
or report of abuse or neglect involving the human trafficking of a child, local
departments may take a child into custody and maintain custody of the child for
up to 72 hours without prior approval of a parent or guardian, provided that
the alleged victim child has been identified as a victim of human trafficking
as defined in §
63.2-100 of the Code of
Virginia; the federal Trafficking Victims Protection Act of 2000 (22 USC §
7102 et seq.); and the federal Justice for
Victims of Trafficking Act of 2015 (42 USC §
5101 et seq.) and
pursuant to §
63.2-1517 of the Code of
Virginia.
1. After taking the child into
custody, the local department shall notify the parent or guardian of such child
as soon as practicable. Every effort shall be made to provide such notice in
person.
2. The local department
shall also notify the Child-Protective Services Unit within the department
whenever a child is taken into custody.
3. When a child is taken into custody by a
child-protective services worker of a local department pursuant to this
subsection, that child shall be returned as soon as practicable to the custody
of the child's parent or guardian. However, the local department shall not be
required to return the child to the child's parent or guardian if the
circumstances are such that continuing in the child's place of residence or in
the care or custody of such parent or guardian, or custodian or other person
responsible for the child's care, presents an imminent danger to the child's
life or health to the extent that severe or irremediable injury would be likely
to result or if the evidence of abuse is perishable or subject to deterioration
before a hearing can be held.
4. If
the local department cannot return the child to the custody of the child's
parents or guardians within 72 hours, the local department shall obtain an
emergency removal order pursuant to §
16.1-251 of the Code of
Virginia.
C. When
conducting a human trafficking assessment pursuant to §
63.2-1506.1 of the Code of
Virginia, the local department may interview the alleged child victim or any
sibling of that child without the consent and outside the presence of such
child's or such child's sibling's parent, guardian, legal custodian, or other
person standing in loco parentis, or school personnel.
Notes
Statutory Authority: § 63.2-217 of the Code of Virginia.
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