Child Protective Services (CPS) Appeals

Second Level: State-Level (Administrative) Hearing

If the person is not satisfied with the outcome of the local conference, they can ask for a state-level hearing.

• The request must be:
• In writing
• Sent within 30 days of getting the local conference decision
• Sent to the Commissioner of the Virginia Department of Social Services in Glen Allen
• This is a more formal hearing run by a neutral hearing officer chosen by the commissioner.
• The local agency must prove, with enough evidence, that their decision followed the law and policy.
• The hearing officer:
• Runs the hearing and keeps it organized
• Listens to both sides
• Reviews the evidence
• Makes a written decision
• The decision is mailed to everyone involved after the hearing ends.

Final Level: Appeal to Circuit Court

• Only the person appealing (not the agency or to the person filing the appeal) can take the case to circuit court.
• To do this, the person must:
  • File a written notice of appeal with the commissioner within 30 days of getting the hearing officer’s decision (either when it was received or mailed—whichever came first)
  • File a written petition with the circuit court within 30 days after filing the notice
  • Serve a copy of the petition to the commissioner
• The circuit court will review the record from the administrative hearing (not hold a new hearing).
• The Office of the Attorney General will defend the hearing officer’s decision in court.
• If the person filing the appeal is a licensed teacher, they can ask the circuit court to hold a new hearing. The local agency must provide evidence to support its decision in court.

Learn more about the State Appeal Process below.