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Family Services / Child Protective Services / Out-of-Family Investigations
When concerns of abuse or neglect arise in out-of-family settings, CPS follows additional requirements when investigating a report. These settings may include:
Depending on the setting, a Child Protective Services (CPS) worker may:
CPS is committed to completing investigations within 45 to 60 days from the date of the report. If law enforcement is also involved, the time frame may extend to 90 days. In certain cases, such as sexual abuse or child death, the time frame may be paused until essential reports are received.
Once the investigation is complete, the CPS worker and their supervisor will evaluate all information collected during the investigation and will determine if the report is “founded” or “unfounded.” The person being investigated will be notified both verbally and in writing of the outcome.
In CPS, a disposition of “founded” means that the information gathered during the investigation shows that it is more likely than not that the abuse or neglect occurred. Records of investigations with a disposition of “founded” are kept confidential by local departments of social services. Additionally, the names of the victims and the abusers are kept on file in the Child Abuse and Neglect Central Registry for up to 18 years, depending on the severity of the abuse or neglect. This information can only be released with the abuser’s authorization or by court order.
If the abuser does not agree with this outcome, they must submit a written request to the director of the local department of social services within 30 calendar days after they receive the written notice from CPS. The CPS worker will provide them with a written explanation of the appeals process.
In CPS, a disposition of “unfounded” means that the information gathered during the investigation did not support a founded disposition.
These investigations are kept on file for three years from the date of the complaint. They may be kept longer if additional reports are received. The person who was investigated may request the information be retained for two additional years. This information is considered confidential and can only be accessed by local departments of social services.
If the person who was investigated believes the report was made maliciously or in bad faith, they can petition the circuit court for access to the CPS record, which will include the name of the person who made the report.
There are extra steps when a report involves a public school employee.
When a founded investigation involves a teacher — whether full-time, part-time, permanent or temporary — CPS must notify the local school board.
If the individual holds a license issued by the Board of Education, and all appeals have been completed, the local department must also notify the Superintendent of Public Instruction at the Department of Education.
Anyone can make a report of suspected child abuse or neglect. Many people make reports because they care about a child’s safety. Certain professionals who work with children, like doctors or teachers, are also required to report suspected child abuse and or neglect. Due to confidentiality laws, CPS will not release the name of the person who reported unless a judge orders them.
To assess child safety, a CPS worker is allowed to speak with a child and their siblings without parental knowledge or consent. The parent or caretaker will be notified as soon as possible after the interview.
All CPS interviews conducted during an investigation with the child who is the alleged victim are required to be electronically recorded.
Exceptions to recording are made when the CPS worker determines that:
The CPS worker has the right to examine a child for injuries or signs of abuse or neglect without the parent or caretaker’s consent. The CPS worker may take photographs and decide to get a child X-rayed.
If someone is being investigated by CPS they have the following rights:
Any person being investigated must notify CPS before they move and provide their new address.
Only an employer, not CPS, has the authority to make personnel decisions or take disciplinary action if an investigation is founded. They will receive a written report stating whether the investigation is founded or unfounded. Staff should speak with their employer for any specific rules and policies that apply when a report is founded.
After the investigation is completed, they may make a written request to the local department of social services to get a copy of their personal case information. The request may be granted unless there is an ongoing criminal investigation or criminal proceeding, or the personal information in the report could endanger the well-being of the child or other persons. The amount of information provided will be determined by the local department of social services.
Local law enforcement and the Commonwealth’s Attorney will decide if criminal charges will be filed, not CPS. CPS often investigates with law enforcement; however, the CPS investigation is an administrative process and is separate from any criminal proceedings.
For additional information about child protective services process, visit Child Protective Services.
Laws relating to CPS can be found in Title 63.2, Chapter 15: Child Abuse and Neglect of the Code of Virginia at: https://law.lis.virginia.gov/vacode/title63.2/chapter15/
Specific laws related to Public School Employees can be found in Sections 63.2-1511 and 63.2-1516.1 https://law.lis.virginia.gov/vacode/title63.2/chapter15/section63.2-1511/ and https://law.lis.virginia.gov/vacode/title63.2/chapter15/section63.2-1516.1/
Regulations related to CPS can be found in the Virginia Administrative Code (VAC) Title 22, Agency 40, Chapter 730 https://law.lis.virginia.gov/admincode/title22/agency40/chapter730/
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