Cross-Reporting Among Agencies That Respond to Child Abuse and Neglect - Virginia

Date: February 2021

Cross-Reporting Between Child Protective Services and Law Enforcement

Citation: Ann. Code §§ 63.2-1503(D); 63.2-1507

The local Department of Social Services 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 also is suspected; (iii) any sexual abuse, suspected sexual abuse, or other sexual offense involving a child, including but not limited to the use or display of the child in sexually explicit visual material; (iv) any abduction of a child; (v) any felony or class 1 misdemeanor drug offense involving a child; or (vi) contributing to the delinquency of a minor, immediately, but in no case more than 2 hours of receipt of the complaint. The local department also shall provide the attorney for the Commonwealth and the local law enforcement agency with records and information of the local department, including records related to any complaints of abuse or neglect involving the victim or the alleged perpetrator, related to the investigation of the complaint.

All law enforcement departments and other State and local departments, agencies, authorities, and institutions shall cooperate with each child protective services coordinator of a local department and any multidisciplinary teams in the detection and prevention of child abuse.

Other Reporting Requirements

Citation: Ann. Code § 63.2-1503(N), (P); Child & Fam. Serv. Man. § C.1.11, App. A

Notwithstanding any other provision of law, the local department, in accordance with board regulations, shall transmit information regarding reports, complaints, family assessments, and investigations involving children of active duty members of the U.S. Armed Forces or members of their household to family advocacy representatives of the U.S. Armed Forces.

The local department shall notify the Superintendent of Public Instruction without delay when an individual holding a license issued by the Board of Education is the subject of a founded complaint of child abuse or neglect and shall transmit identifying information regarding such individual if the local department knows the person holds a license issued by the Board of Education.

In policy: The Indian Child Welfare Act (ICWA) requires that States seek placement for the child with that child's family, Tribe, and other American Indian homes before looking elsewhere. While most of ICWA is related to children who have been removed and are in the custody of the local department, there are specific elements of ICWA that require early identification of ICWA applicability. Early identification will promote proper implementation of ICWA at an early stage to prevent, as much as possible, delayed discoveries that ICWA applies. Early discovery of ICWA applicability will ensure that the following requirements are met:

  • Proper notice is given to parents, Indian custodians, and Tribes.
  • A Tribe has the opportunity to intervene in a case or take jurisdiction over proceedings (as appropriate).
  • ICWA placement preferences are respected.

ICWA applies whenever an Indian child is the subject of a child custody proceeding and cases in which the Indian child is not removed from the home, such as during an investigation, family assessment, or case. This includes instances when a court orders the family to engage in services to keep the child in the home as part of a diversion, differential or alternative response, or other program. The local department and courts should follow the verification and notice provisions.