An Overview of Mandated Reporting in

Virginia

Child Protective Services

(CPS)

Purpose of CPS

• To identify abused and neglected children

• Strengthen/support families

• Enhancing parental capacity to nurture their

children in a safe and healthy environment

• Prevent (re)occurrence of child maltreatment

Mandated Reporters

Code of Virginia §63.2-1509

Have reason to suspect child is abused or neglected;

Report immediately, to the local department or to the VDSS toll-free child abuse and neglect hotline; and

Must disclose all the information that is the basis of the report to the local department including any records or reports documenting the basis of the allegation.

Reporters are immune from liability unless bad faith or malicious intent is proven

Mandated Reporters

• Medical professionals such as doctors, nurses,

interns, emergency medical responders

• Social workers, probation officers, eligibility

workers, CASA, mental health providers,

mediators

• Teachers, child care providers

• Law enforcement, animal control officers

• Staff in residential centers or group homes

• Anyone who receives approved training

Factors Associated with Child

Maltreatment

• Parental history of abuse/neglect as a child

• Stress – marital, employment, financial

• Parental substance abuse

• Lack of knowledge of child development

• Low self esteem, poor impulse control, isolation

• Children with disabilities

Validity Requirements

Child under 18 years of age

Abuser is in caretaker role

Abuse or neglect occurred in Virginia (Jurisdiction)

Meets the definition of abuse or neglect

Abused or Neglected Child Code of Virginia §63.2-100

Child under 18 whose parent/person responsible:

•Causes or threatens to cause non-accidental physical or

mental injury;

•Exposure to sale/manufacture of certain controlled

substances;

•Neglects to provide food, clothing, shelter, emotional

nurturing, or health care;

•Abandons child or fails to provide adequate supervision;

•Commits or allows to be committed any illegal sexual act;

•Knowingly leaves child alone with person, not related by

blood/marriage, who is required to register as violent sex

offender.

Types of Abuse & Neglect Physical Abuse

Physical Neglect

Medical Neglect

Mental Abuse & Neglect

Sexual Abuse

PHYSICAL ABUSE

• Asphyxiation

• Burns

• Bruises, Cuts etc.

• Sprains

• Bizarre Discipline

• Gunshot

• Bone Fracture

• Internal Injuries

• Head Injury

• Poisoning

• Stabbing

• Munchausen Syndrome by Proxy

• Traumatic Inflicted Brain Injury

• Exposure to Sale or Manufacture of Certain

Controlled Substances

PHYSICAL NEGLECT • Abandonment

• Inadequate Food, Clothing, Shelter, Supervision,

Hygiene

• Failure to Thrive

• Malnutrition

• Medical Neglect

• Knowingly leave a child with violent sex offender in

specific circumstances

SEXUAL ABUSE

§ 63.2-100 of the Code of Virginia

Parents or other person responsible for his care

commits or allows to be committed any act of

sexual exploitation or any sexual act upon a

child in violation of the law.

MENTAL ABUSE/NEGLECT

Mental abuse or neglect occurs when a caretaker

creates or inflicts, threatens to create or inflict, or

allows to be created or inflicted upon such child a

mental injury by other than accidental means or

creates a substantial risk of impairment of mental

functions.

Substance Exposed Infants

Newborn infants who have been medically

diagnosed for exposure to non-prescription,

controlled substances during pregnancy are also

considered to be at risk of abuse or neglect.

Health care providers are required to report

these children.

Questionable Situations • Corporal Punishment

• Abuse or Accident?

• “Latchkey” children

• Medical Care

Outside Scope of CPS • Truancy or educational neglect

• Failure to immunize

• Preventive dental or health care

• Failure to wear seat belts/ car seats

• Non-caretaker sexual abuse

• Abuse occurred outside of Virginia

• Poverty

The CPS Process

Timeframes for Completion • All investigations and family assessments should

be completed within 45 days.

• Can be extended to 60 days in some

circumstances.

• CPS has the ability to “suspend” a sexual abuse

investigation or child fatality under specific

circumstances.

• CPS has the ability to extend an investigation to

90 days if joint investigation with law enforcement.

CPS Response

Family Assessment

Assess child safety

Strengthen and

support families

Assess risk of

future maltreatment

Prevent further

abuse

Investigation

Assess child safety

Strengthen and

support families

Assess risk of

future maltreatment

Prevent further

abuse

Determine if abuse

or neglect occurred

Disposition Founded:

• Reveals by a

preponderance of

the evidence that

abuse or neglect

occurred.

• Right to Appeal.

• Name in Central

Registry: Three years

Seven years

Eighteen years

Unfounded:

• Reveals

insufficient

evidence that

abuse or

neglect

occurred.

• Does not mean

it did not occur.

• One year

retention.

Family Assessment • No finding of abuse or neglect is made

• Emphasis and focus is on what does

family need versus did the abuse or

neglect occur

• Retained for 3 years

If you suspect a child is being

abused or neglected

Contact the Local Department of Social

Services where the child lives

OR…

Call the VDSS toll-free CPS Hotline:

1- 800- 552- 7096

Information Needed

• Identifying information such as names, dates of

birth, address, school information, siblings. It is

important to provide as much information as

possible.

• Nature and extent of the abuse/neglect, including

any knowledge of prior maltreatment.

• Is there a family member who can protect?

• Any special language needs or developmental

issues?

Completed CPS Reports

Year Founded Unfounded Family

Assessment

Total

2015 4,173 6,733 22,114 33.020

2014 4,312 6,728 21,867 32,907

2013 3,863 6,251 23,747 33,861

2012 4,103 6,464 24,911 35,478

2011 4,039 6,212 23,712 33,963

2010 4,058 5,964 22,765 33,026

Additional Training Go to: http://www.dss.virginia.gov/abuse/mr.cgi

CWSE 5692: Mandated Reporters: Recognizing and

Reporting Child Abuse and Neglect

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