Virginia Code 63.2-104: Confidential records and information concerning social services; penalty
A. The records, information and statistical registries of the Department, local departments and of all child-welfare agencies concerning social services to or on behalf of individuals shall be confidential information, provided that the Commissioner, the Board and their agents shall have access to such records, information and statistical registries, and that such records, information and statistical registries may be disclosed to any person having a legitimate interest in accordance with state and federal law and regulation.
Attorney's Note
Under the Virginia Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 1 misdemeanor | up to 12 months | up to $2,500 |
Terms Used In Virginia Code 63.2-104
- Child-protective services: means the identification, receipt and immediate response to complaints and reports of alleged child abuse or neglect for children under 18 years of age. See Virginia Code 63.2-100
- Child-welfare agency: means a child-placing agency, children's residential facility, or independent foster home. See Virginia Code 63.2-100
- Commissioner: means the Commissioner of the Department, his designee or authorized representative. See Virginia Code 63.2-100
- Department: means the State Department of Social Services. See Virginia Code 63.2-100
- Includes: means includes, but not limited to. See Virginia Code 1-218
- Local department: means the local department of social services of any county or city in the Commonwealth. See Virginia Code 63.2-100
- Local director: means the director or his designated representative of the local department of the city or county. See Virginia Code 63.2-100
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- Social services: means foster care, adoption, adoption assistance, child-protective services, domestic violence services, or any other services program implemented in accordance with regulations adopted by the Board. See Virginia Code 63.2-100
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
A person having a legitimate interest in child-protective services records and records involving a child receiving foster care services as defined in § 16.1-228 includes the staff of (i) a court services unit, (ii) the Department of Juvenile Justice, (iii) a local community services board, or (iv) the Department of Behavioral Health and Developmental Services who are providing treatment, services, or care for a child who is the subject of such records for a purpose relevant to the provision of the treatment, services, or care when the local agencies have entered into a formal agreement with the Department of Juvenile Justice to provide coordinated services to such children. Such formal agreements may allow the local agencies and the Department of Juvenile Justice to immediately identify children who may be receiving or who have received treatment, services, or care from the local agencies and the Department of Juvenile Justice. Any court services unit or local community services board to which such records are disclosed in accordance with this paragraph shall not further disclose any information received unless such further disclosure is expressly required by law.
The model memorandum of understanding developed in accordance with § 66-10.3 may serve as the formal agreement that is required pursuant to this subsection, but any formal agreement that is entered into by the local agencies and the Department of Juvenile Justice shall be reviewed by the Office of the Attorney General before such agreement may take effect.
It is unlawful for any officer, agent or employee of any child-welfare agency; for the Commissioner, the State Board or their agents or employees; for any person who has held any such position; and for any other person to whom any such record or information is disclosed to disclose, directly or indirectly, any such confidential record or information, except as herein provided or pursuant to § 63.2-105. Every violation of this section shall constitute a Class 1 misdemeanor.
B. If a request for a record or information concerning applicants for and recipients of social services is made to the Department or a local department by a person who does not have a legitimate interest, the Commissioner or local director shall not provide the record or information unless permitted by state or federal law or regulation.
C. This section shall not apply to the disposition of adoption records, reports and information that is governed by the provisions of § 63.2-1246.
Code 1950, §§ 63-41, 63-140, 63-140.15, 63-161, 63-204, 63-220, 63-246; 1958, c. 433; 1962, c. 621; 1968, cc. 43, 578, §§ 63.1-34, 63.1-126, 63.1-209; 1972, c. 540; 1976, c. 365; 1977, c. 547, § 63.1-55.4; 1979, cc. 218, 666; 1981, c. 456; 1983, c. 604; 1986, c. 213; 1988, cc. 151, 898; 1994, c. 643; 2000, cc. 500, 830; 2001, cc. 503, 518; 2002, c. 747; 2022, cc. 63, 64.