2006 Code of Virginia § 63.2-1506 - Family assessments by local departments

63.2-1506. Family assessments by local departments.

A. A family assessment requires the collection of information necessary todetermine:

1. The immediate safety needs of the child;

2. The protective and rehabilitative services needs of the child and familythat will deter abuse or neglect;

3. Risk of future harm to the child; and

4. Alternative plans for the child's safety if protective and rehabilitativeservices are indicated and the family is unable or unwilling to participatein services.

B. When a local department has been designated as a child-protective servicesdifferential response system participant by the Department pursuant to 63.2-1504 and responds to the report or complaint by conducting a familyassessment, the local department shall:

1. Conduct an immediate family assessment and, if the report or complaint wasbased upon one of the factors specified in subsection B of 63.2-1509, thelocal department may file a petition pursuant to 16.1-241.3;

2. Immediately contact the subject of the report and the family of the childalleged to have been abused or neglected and give each a written and an oralexplanation of the family assessment procedure. The family assessment shallbe in writing and shall be completed in accordance with Board regulation;

3. Complete the family assessment within forty-five days and transmit areport to such effect to the Department and to the person who is the subjectof the family assessment. However, upon written justification by the localdepartment, the family assessment may be extended, not to exceed a total ofsixty days;

4. Consult with the family to arrange for necessary protective andrehabilitative services to be provided to the child and his family. Familieshave the option of declining the services offered as a result of the familyassessment. If the family declines the services, the case shall be closedunless the local department determines that sufficient cause exists toredetermine the case as one that needs to be investigated. In no instanceshall a case be redetermined as an investigation solely because the familydeclines services;

5. Petition the court for services deemed necessary;

6. Make no disposition of founded or unfounded for reports in which a familyassessment is completed. Reports in which a family assessment is completedshall not be entered into the central registry contained in 63.2-1515; and

7. Commence an immediate investigation, if at any time during the completionof the family assessment, the local department determines that aninvestigation is required.

C. When a local department has been designated as a child-protective servicesdifferential response agency by the Department, the local department mayinvestigate any report of child abuse or neglect, but the following validreports of child abuse or neglect shall be investigated: (i) sexual abuse,(ii) child fatality, (iii) abuse or neglect resulting in serious injury asdefined in 18.2-371.1, (iv) child has been taken into the custody of thelocal department, or (v) cases involving a caretaker at a state-licensedchild day center, religiously exempt child day center, licensed, registeredor approved family day home, private or public school, hospital or anyinstitution.

(2000, c. 500, 63.1-248.6:02; 2002, cc. 641, 642, 747.)