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CPS Rights of Appeal

Under Virginia law, individuals found by CPS to have committed child abuse and neglect can appeal the decision.  An appeal is the process by which an individual can request a review to change their own CPS record and the entry of their name in the Virginia Child Abuse and Neglect Central Registry.    After the CPS investigation, the individual with a founded disposition will receive written notification of:    

  • The disposition decision and level of actual or threatened harm     
  • The length of time the individual’s name and the child who is a victim will be kept in the Virginia Child Abuse and Neglect Central Registry     
  • The right to review the information used to make the decision, except for information that is protected by laws or regulations     
  • The right to appeal the founded disposition     

 

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Which Parts of the Record Can Be Appealed?    

  • Any inaccurate or irrelevant information     
  • A founded disposition     
  • The level of actual or threatened harm     

What Are the Levels of the Appeal Process?     

The appeal process has three levels.  

First Level - Local Conference
Second Level - State Administrative Appeal Hearing
Third Level - Judicial Review

The purpose of the local conference is to:    

  • Meet informally to discuss concerns of the subject of the investigation     
  • Review the CPS record to understand why the disposition is founded and how the level of actual or threatened harm was determined     
  • Provide the local agency with any additional relevant information to be considered, including witness testimony, documents, arguments and submissions of proof     

Note: Legal counsel at this stage is permitted but not required.    

 

How Is a Local Conference Requested?     

Within 30 days of getting the written notification, the individual with a founded disposition, or their attorney, can submit a written request to the local department of social services for a local conference and a copy of the CPS investigation.     

 

What Happens if There Are Pending Criminal Matters?     

If the individual has been charged criminally or is under criminal investigation, the right to appeal will be put on hold until one of the following occurs:     

  • The criminal prosecution is completed in trial court.     
  • The criminal investigation is closed with no charges.    
  • The criminal investigation is not completed within 180 days of the written request to appeal.     

A state administrative appeal hearing can be requested if:    

  • The local department of social services fails to respond to the request for a local conference within 45 calendar days of the written request, OR     
  • The local conference is held, and the subject is not in agreement with the outcome      

How Is an Administrative Appeal Hearing Requested?     

The subject of the investigation or their authorized representative may contact the commissioner of the Virginia Department of Social Services within 30 calendar days of receiving the outcome of the local conference to request an administrative hearing.    

To request an administrative hearing, write to: 

Virginia Department of Social Services

Attention: Appeals and Fair Hearings Unit Director    

5600 Cox Road    

Glen Allen, Virginia 23060    

Or  send the request by email to:  

  • appeals@dss.virginia.gov  
  • Subject line: “Request for CPS Administrative Appeal”    

What Happens After the Request for the Administrative Hearing?    

The Appeals and Fair Hearings Unit will send a letter explaining:   

  • The administrative appeal and hearing process    
  • The right to request a copy of the CPS record   
  • The time and place of the hearing     

A state hearing officer will lead the administrative hearing.  At the hearing, the subject will be asked to: 

  • State their objection to the founded disposition 
  • Summarize the evidence supporting that objection, including any further relevant evidence 

The subject may:    

  • Submit oral and written testimony and other documents     
  • Question an uninvolved individual at their own expense, except for certain individuals excluded by law    
  • Submit evidence or testimonies authorized by the hearing officer at the hearing     
  • Request, with good cause shown, subpoenas for documents and/or witnesses, except for those excluded by law    

Note: Legal counsel at this stage is permitted but not required.    

 

The hearing office will send the subject a written decision after conducting the administrative hearing. The written decision will include a notice of the right to request a judicial review. 

 

If dissatisfied with the hearing officer’s decision, the subject may seek further review by the appropriate Circuit Court, unless the subject is a teacher licensed by the Board of Education.  If the subject is a licensed teacher, they may petition the local circuit court for a trial de novo by a judge or a jury.   

 

This must be done within 30 calendar days of receiving a decision from the state appeals hearing officer.     

 

Legal References

Learn more about Child Protective Services or contact your local department of social services for additional questions. 

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