VIRGINIA

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WHO:        ANY person MAY report if s/he suspects that a child is abused or neglected.  [Code § 63.2-1510]

These are mandatory (MUST report): • Persons licensed to practice medicine or any of the healing arts • Hospital residents or interns, and anyone employed in the nursing profession • Anyone employed as a social worker or family-services specialist • Probation officers • Teachers or other employees at public or private schools, kindergartens, or nursery schools (as of 7/1/2021, the term day care programs replaces nursery schools) • Persons providing full-time or part-time child care for pay on a regularly planned basis • Mental health professionals • Law enforcement officers or animal control officers • Mediators eligible to receive court referrals • Professional staff not enumerated above, employed by private or state-operated hospitals, institutions, or facilities to which children have been committed or have been placed for care and treatment • Persons age 18 or older associated with or employed by any public or private organization responsible for the care, custody, or control of children • Court-appointed special advocates • Persons age 18 or older who have received training approved by the Department of Social Services for the purposes of recognizing and reporting child abuse and neglect • Persons employed by a local [DSS] department who determine eligibility for public assistance • Emergency medical services providers, certified by the Board of Health unless they immediately report the matter directly to the attending physician at the hospital to which the child is transported, who shall make the report forthwith • Athletic coaches, directors, or other persons age 18 or older employed by or volunteering with private sports organizations or teams • Administrators or employees age 18 or older of public or private day camps, youth centers, and youth recreation programs • Persons employed by public or private institutions of higher education, other than an attorney who is employed by a public or private institution of higher education as it relates to information gained in the course of providing legal representation to a client • Ministers, priests, rabbis, imams, or duly accredited practitioners of any religious organization or denomination usually referred to as a church, unless the information is privileged [as shown below].  [Code § 63.2-1509(A)(1)-(19)]

·       NOTE: Mandates for listed professions are limited to observations made at work only for infants and small children; otherwise, they concern observations made at any time.

·       STANDARDS:  [Code §§ 63.2-1508(A)(1); 63.2-100; -1509(A),(B); -1510]  Child means under age 18.

(1)   For mandated reporters: in their professional or official capacity, have reason to suspect that a child is abused or neglected.

(2)   ALSO, for HEALTH-CARE mandated reporters: reason to suspect that a child is abused or neglected, including:

(a)   A finding within 6 weeks after birth that a child was born affected by substance abuse or experiencing withdrawal symptoms from in utero drug exposure;

(b)   A diagnosis within 4 years after birth that the child has an illness, disease, or condition that, to a reasonable degree of medical certainty, is attributable to maternal abuse of a controlled substance during pregnancy; OR

(c)   A diagnosis within 4 years after birth that the child has a fetal alcohol spectrum disorder attributable to in utero exposure to alcohol.

NOTE: The reason to suspect substance exposure during pregnancy must be given in the report, with facts relied upon by the reporter.

(3)   For any reporter: suspects that a child is abused or neglected.

·       PRIVILEGE:  [Clergy-confession] communications to accredited practitioners are exempt if faith requires confidentiality; all other info learned by clergy is reportable. Attorney-client privilege applies. Physician-patient and spousal privilege do NOT apply for legal proceedings arising from reports.  [Code §§ 63.2-1509(18),(19); 63.2-1519]

WHEN:      For mandated reports: IMMEDIATELY; AS SOON AS POSSIBLE: NOT LONGER THAN 24 HOURS.  [Code § 63.2-1509(A),(D)]  No deadline is given for non-mandated reports.

WHERE & HOW:  Oral or in writing, to the Department of Social Services (DSS) at (1) the hotline or (2) the local DSS department of the county or city where either (a) the child resides OR (b) the abuse or neglect is believed to have occurred. If neither the residence or place of occurrence is known, mandated reports must be to (c) the local DSS department of the county or city where abuse or neglect was discovered or to the hotline.  [Code § 63.2-1509(A); -1510] 

Exception (local DSS): If a local DSS employee is suspected of abuse or neglect, the report must be made to the court of the county or city where the abuse or neglect was discovered.  [Code § 63.2-1509(A); -1510] 

Exception (institutions): A teacher, staff member, resident, intern, or nurse who receives information in the course of professional services in a hospital, school, or similar institution MAY – instead of making a report – IMMEDIATELY notify the [chief] of the institution or department, or his/her designee. The chief of designee must then report, and notify the teacher, etc. (1) that it was made to the hotline or local DSS department and (2) the person’s name who received the report, and must (3) forward any resulting communication about actions taken regarding the report.  [Code § 63.2-1509(A)]

·       Nobody is required to report if they have actual knowledge that the same matter was already reported to the local DSS department or to the hotline.  [Code § 63.2-1509(E)]

CONTACT INFORMATION

·       For a child in immediate danger:        dial 911 first; then contact DSS to report

·       DSS 24/7 Hotline:                               1-800-552-7096  (in-state) (language line available)

                                                                  1-804-786-8536  (out-of-state)

·       DSS directory by county (address / phone / fax):

o   https://www.dss.virginia.gov/localagency/index.cgi

·       Resources for Mandated Reporters:

o   https://www.dss.virginia.gov/abuse/cps.cgi

·       Child Protective Services (CPS) intake form/tool (pages show questions asked):

o   https://www.dss.virginia.gov/family/cps/forms_applications.cgi

OTHER ASPECTS

·       REPORT DETAILS: (1) A mandated reporter MUST disclose all info that his/her suspicion is based on. (2) On request, the reporter MUST make available to the CPS coordinator and the local DSS that has jurisdiction, any info, records, or reports that document the report’s basis.  [Code § 63.2-1509(A)]  Intake workers seek: (a) name, address, and phone number of child and parents or other(s) responsible for care; (b) child’s birth date or age, sex, and race; (c) names and ages of others who live there, and their relation to him/her; (d) whether any relative can protect him/her; (e) name, address, and phone number of suspected abuser and his/her relationship to child; (f) nature and extent of abuse/neglect, including any knowledge of prior maltreatment of the child or siblings; (g) the family’s language needs, if any; (g) any child or adult developmental issues; (h) any disability of the child and how it affects his/her functioning and care; (i) any other pertinent info; and (j) reporter’s name, address, and phone number. The report may be anonymous, but giving the name confirms that the reporting obligation is met, and enables follow-up.  [Mandated Reporter’s Guide, p. 22]

·       REPORTER PROTECTION: (1) The statutes do not specifically require the report to include the reporter’s name. (2) The records are disclosed by court order if (a) the report is unfounded, (b) there is a reasonable question of bad faith or malicious intent, and (c) disclosure is unlikely to endanger the reporter’s life or safety.  [Code § 63.2-1514(D)]  (3) Any reporter in good faith is immune from civil and criminal liability; there is no immunity for bad faith or malicious intent.  [Code §§ 63.2-1512; -1509(C)]

WHY:        (1) Failing to make a mandated report within 24 hours is a misdemeanor punishable by < $500 fine, and > $1,000 for subsequent failures, but (2) knowing, intentional failure to report rape, sodomy, or object sexual penetration is a class 1 misdemeanor, unless the person actually knows the matter was already reported to local DSS or the hotline.  [Code § 63.2-1509(D),(E)]  (3) A knowingly false report by anyone age 14 or older is a class 1 misdemeanor, and class 6 felony on subsequent convictions.  [Code § 63.2-1513(A)]

WHAT:      In Virginia, child abuse and neglect are aggregated and include non-accidental injury and risk of it, non-provision, abandonment, any sexual exploitation or sexual act, caregiver unreasonable absence or incapacity, sex offender access, and sex trafficking and severe forms of trafficking in persons.  [Code § 63.2-100]  

Initial Screening Criteria (DSS): For allegations: (a) The child(ren) is/are under age 18 at the time of the report; (b) the abuser is the child(ren)’s parent or other caretaker (or others, for sex trafficking); (c) the local DSS receiving the report has jurisdiction; and (d) they fit the legal definition of child abuse or neglect.  [Code §§ 63.2-1508(A),(B)]

Reportable: (a) a parent or other person responsible for a child’s care for non-accidental injury and risk of it, non-provision, abandonment, sexual exploitation or sex act, or sex offender access; (b) a parent, guardian, legal custodian, or other person in loco parentis for unreasonable absence or mental or physical incapacity; or (c) anyone for sex trafficking or severe forms of trafficking.  NOTE: Abusers who fall outside this arrangement may still be reportable to police for a crime, but are not reportable to DSS by this protocol.

·        Person responsible for a child’s care is undefined but includes at least: parents, stepparents, guardians, legal custodians, DSS employees, and other caretakers in loco parentis.  [Code §§ 63.2-100, -1509(A); p. 8, Mandated Reporter’s Guide, 7/2019]

Child Abuse or Neglect means the following.  [Code § 63.2-100]  For the indicators listed below, a combination or pattern in a category should be an alert to the possibility of abuse or neglect in that category.  [p. 4-13, Mandated Reporter’s Guide, 7/2019]

(A)     Injury or risk: The parents or other person responsible for a child’s care (a) create, inflict, threaten, or allow a non-accidental physical or mental injury or (b) create a substantial risk of death, disfigurement, or impairment of bodily or mental functions.

(1)     ILLEGAL DRUG LAB: This includes letting a child be present with his parent or other person responsible for his care during (i) actual or attempted manufacture of a controlled substance or (ii) sale of the substance, if either would be a felony.

(2)     PHYSICAL ABUSE: corporal punishment is legal; burns, bites, cuts, limb-twisting, and drug exposure are not.  [p. 4, Mandated Reporter’s Guide, 7/2019]

(a)      Possible Indicators: Questionable INJURIES: (a) Bruises and welts on the face, lips, mouth, torso, back, buttocks, or thighs; injuries in various stages of healing; clustered marks such as by an electric cord or belt buckle; injuries seen after days away; or bite marks. (b) Burns especially on the soles, palms, back, or buttocks; immersion burns (like socks, gloves, or on buttocks or genitals in donut shape); burn patterns like a stove burner or iron; or rope burns on arms, legs, neck, or torso. (c) Fractures on skull, nose, face, or in various stages of healing, or multiple or spiral fractures. (d) Cuts, scrapes, scratches, lacerations, or abrasions at the mouth, lips, gums, eyes, or genitals. BEHAVIORAL: (e) uncomfortable with physical contact; (f) wary of adult contact; (g) apprehensive if other children cry; (h) extremes of aggression or withdrawal; (i) afraid of parents, afraid to go home; (j) reports being injured by parents or other caretaker; (k) sore or moves uncomfortably; (l) wears weather-inappropriate clothes to cover injuries; (m) reluctant to change clothes (tries to hide injuries, bruises, etc.); or (n) chronic runaway.  [p. 4-5, Mandated Reporter’s Guide, 7/2019]

(b)      RED FLAGS FOR CARETAKER TRAITS: (a) was abused as a child; (b) discipline excessive for the child’s age, conduct, or circumstances; (c) unsatisfactory explanation of child’s injury; (d) misperceives child (as bad, stupid, different, etc.); (e) mental illness, psychotic or psychopath; (f) fails to keep child’s medical appointments; (g) alcohol or drug misuse; (h) conceals child’s injury or protects abuser’s identity; (i) unrealistic expectations vs. the child’s age or ability; (j) allows a child to be present during manufacture or sale of controlled substances; (k) poor parenting skills; (l) poor coping skills; (m) anger management difficulties; or (n) history of domestic violence, as victim or perpetrator.  [p. 5, Mandated Reporter’s Guide, 7/2019]

(3)     EXAMPLES OF EMOTIONAL / MENTAL ABUSE OR NEGLECT: (a) verbal assaults such as screaming, intimidating, rejecting, ridiculing, blaming, or sarcasm; (b) ignoring &/or indifference to the child; or (c) constant family conflict or exposure to domestic violence.  [p. 10, Mandated Reporter’s Guide, 7/2019]

(a)      Possible Indicators: Physical: (a) stomach aches, headaches or odd weight fluctuations; (b) speech disorders; (c) slow physical development; (d) failure-to-thrive; or (e) learning problems. Behavioral: (f) age-inappropriate thumb-sucking, biting, head banging or rocking; (g) neuroses (sleep disorders or inhibited play); (h) extreme: over-compliant, aggressive, withdrawn, or inappropriate; (i) adult-like; (j) delayed emotional or intellectual developmental; (k) (self-)destructive; (l) cruel or sadistic toward others or animals; (m) delinquency; (n) alcohol or drug abuse; or (o) eating disorders.  [p. 10-11, Mandated Reporter’s Guide, 7/2019]

(b)      RED FLAGS IN CARETAKER ATTITUDES TOWARD CHILD: (a) blames or belittles; (b) ignores or rejects; (c) withholds love; (d) shows favoritism among siblings; (e) negative or apathetic; (f) unconcerned about problems; (g) unreasonable or unrealistic expectations; or (h) history as domestic violence victim or perpetrator.  [p. 11, Mandated Reporter’s Guide, 7/2019]

(c)      CAVEAT: Abuse teaches the child to avoid punishment. Discipline teaches correct behaviors.  [p. 12, Mandated Reporter’s Guide, 7/2019]

(B)     Non-provision: The parents or other person responsible for a child’s care refuse to provide care necessary for the child’s health.

(1)     NEGLECT EXAMPLES: (a) lack of supervision; (b) poor personal hygiene; (c) lack of adequate necessities (food, shelter, medical or dental care).  [p. 6, Mandated Reporter’s Guide, 7/2019]

(2)     CAVEAT #1: Treating a [medical] need by prayer alone in accordance with a recognized church or religious denomination is NOT abuse or neglect.

(3)     CAVEAT #2: The parents – or in their absence, someone else with legal authority – may refuse a medical treatment for a child with a life-threatening condition if (a) the parents (or other) and child decide jointly; (b) the child is age 14 or more and mature enough to have an informed opinion; (c) the parents (or other) and child considered alternatives; and (iv) the parents (or other) and child believe in good faith their decision is in the child's best interest. But a court may intervene.

(4)     INDICATORS: Physical: (a) consistently dirty; severe body odor; (b) lacks clothing for the weather; (c) unmet health needs (e.g., dental, hearing, vision); (d) unsafe or filthy home; (e) consistent lack of supervision, in dangerous activities or for long durations; or (f) abandonment. Behavioral: (g) begs or steals food or money; (h) comes to school early and leaves late; (h) constant tiredness in class; (i) says no one is at home; (j) abuses alcohol or drugs; or (k) frequent absences from school.   [p. 6-7, Mandated Reporter’s Guide, 7/2019]

(5)     RED FLAGS IN CARETAKERS: (a) indifference to child; (b) apathy or depression; (c) alcohol or other drug abuse; (c) irrational or bizarre behavior; (d) symptoms of mental illness or low intelligence; (e) chaotic home; (f) was abused or neglected as a child; (g) hoards food, etc., making the home unsafe; (h) poor parenting skills; (i) poor coping skills; (j) consistent failure to keep medical appointments for a child’s disability or chronic condition; or (k) expectations beyond the child’s age or ability.  [p. 7, Mandated Reporter’s Guide, 7/2019]

(C)     Abandonment by the parents or other person responsible for a child’s care.

(1)     EXCEPTION: a parent safely delivers a child age 14 days or less to: (a) a hospital with 24-hour emergency services; or (b) an attended emergency medical services agency with emergency medical services providers.  [Code § 18.2-371]

(2)     PROTOCOLS: A court may declare neglect by abandonment, in order to terminate parental rights in preparation for placement for adoption.

(D)     Any sexual exploitation or any sexual act committed or allowed by the child’s parents or other person responsible for his/her care in violation of the law.

(1)     SEXUAL ABUSE includes: (a) rape; (b) incest; (c) intercourse; (d) oral-genital contact; (e) fondling; (f) propositions or enticement; (g) indecent exposure; (h) child porn, or (i) sex trafficking.  [p. 8, Mandated Reporter’s Guide, 7/2019]

(2)     INCEST means opposite- or same-sex intercourse with one’s own: child or stepchild; grandchild or step-grandchild; parent or stepparent; or grandparent or step-grandparent.  [Code § 18.2-366]

(3)     INDICATORS: Physical: (a) difficulty walking or sitting; (b) torn, stained, or bloody underwear; (c) genital, vaginal, or anal itching, bruises or bleeding; or (e) sexually transmitted disease or pregnancy at a young age. Behavioral: (f) reluctant to change clothes for gym; (g) age-inappropriate sex play; (h) extreme fear of one sex; (i) drop in school performance; (j) sleep problems or nightmares; (k) bizarre or age-inappropriate sexual behavior or knowledge; (l) older, worldlier appearance for age; (m) fear of physical contact; (n) has unexplained money or “gifts”; or behavior changes, alcohol, drugs, delinquency, arson, suicide, self-injury, or eating disorders.  [p. 8-9, Mandated Reporter’s Guide, 7/2019]

(4)     RED FLAGS IN CARETAKER TRAITS: (a) very protective or jealous of child; (b) may have been sexually abused as a child; (c) misuses alcohol or drugs; (d) non-abusing caretaker/spouse is frequently absent from home, leaving child access by the abuser; (e) favoritism toward child, e.g. gifts, money, attention, privileges; or (f) may have marital problems.  [p. 8-9, Mandated Reporter’s Guide, 7/2019]

(5)     CONTEXT: THE AGE OF CONSENT is 18. (a) Sex with a child under age 13 is de facto rape.  (b) It is a misdemeanor for a person less than 3 years older (by date of birth) to have consensual sex with a child age 13 or 14, and a felony if the partner is 3 years or more older (by date of birth). (b) A child age 15, 16, or 17 may consent to another in that age range (15-17). (c) But it is a misdemeanor for an adult (age 18 or more) to have consensual sex with a child age 15, 16, or 17 (even if they did when both were minors). (d) An exception allows consenting sex with a child spouse age 15 or more. [Code §§ 18.2-371; -61(A)(iii); -63]

(E)     Lacking parental care or guardianship due to unreasonable absence or mental or physical incapacity of the child’s parent, guardian, legal custodian, or other person standing in loco parentis. [Examples might be unreasonable absence due to social outings while leaving a child at home, or incapacity due to drug or alcohol use.]

(F)     Sex offender access: the parents or other person responsible for a child’s care create a substantial risk or physical or mental injury by leaving him/her alone in the same dwelling (e.g., apartment) with a non-relative (unrelated by blood or marriage), knowing that person is a registered (or should be registered) child sex offender.

(G)    Identification as a victim of sex trafficking or severe forms of trafficking (referring to 22 U.S.C § 7102 et seq.; 42 U.S.C. § 5101 et seq.).

(1)     SEX TRAFFICKING: to recruit, harbor, transport, provide, obtain, patronize, or solicit a person for a commercial (paid) sex act.  [22 U.S.C § 7102(12)]

(2)     SEVERE FORMS OF TRAFFICKING IN PERSONS: (a) sex trafficking that induces a commercial sex act  by force, fraud, or coercion, or induces a person under age 18; or (b) recruits, harbors, transports, provides, or obtains a person for labor or services by use of force, fraud, or coercion for involuntary servitude, peonage, debt bondage, or slavery.  [22 U.S.C § 7102(11)]

(3)     INDICATORS: evidence of physical, mental, or sexual abuse AND: (a) the child cannot or will not speak for him/herself and/or is non-English speaking; (b) is not allowed to speak alone; (c) is being controlled; (d) has no access to identity and/or travel documents; (e) works long hours for little or no pay; (f) non-cooperative (e.g., gives wrong info about identity and living situation); (g) not in school, or schooling has gaps; (h) fear and distrust of authority; (i) does prostitution or commercial sex.  [p. 13, Mandated Reporter’s Guide, 7/2019]