2006 Code of Virginia § 63.2-1516.1 - Investigation procedures when school employee is subject of the complaint or report; release of inf...

63.2-1516.1. Investigation procedures when school employee is subject ofthe complaint or report; release of information in joint investigations.

A. Except as provided in subsection B of this section, in cases where a childis alleged to have been abused or neglected by a teacher, principal or otherperson employed by a local school board or employed in a school operated bythe Commonwealth, in the course of such employment in a nonresidentialsetting, the local department conducting the investigation shall comply withthe following provisions in conducting its investigation:

1. The local department shall conduct a face-to-face interview with theperson who is the subject of the complaint or report.

2. At the onset of the initial interview with the alleged abuser orneglector, the local department shall notify him in writing of the generalnature of the complaint and the identity of the alleged child victimregarding the purpose of the contacts.

3. The written notification shall include the information that the allegedabuser or neglector has the right to have an attorney or other representativeof his choice present during his interviews. However, the failure by arepresentative of the Department of Social Services to so advise the subjectof the complaint shall not cause an otherwise voluntary statement to beinadmissible in a criminal proceeding.

4. Written notification of the findings shall be submitted to the allegedabuser or neglector. The notification shall include a summary of theinvestigation and an explanation of how the information gathered supports thedisposition.

5. The written notification of the findings shall inform the alleged abuseror neglector of his right to appeal.

6. The written notification of the findings shall inform the alleged abuseror neglector of his right to review information about himself in the recordwith the following exceptions:

a. The identity of the person making the report.

b. Information provided by any law-enforcement official.

c. Information that may endanger the well-being of the child.

d. The identity of a witness or any other person if such release may endangerthe life or safety of such witness or person.

B. In all cases in which an alleged act of child abuse or neglect is alsobeing criminally investigated by a law-enforcement agency, and the localdepartment is conducting a joint investigation with a law-enforcement officerin regard to such an alleged act, no information in the possession of thelocal department from such joint investigation shall be released by the localdepartment except as authorized by the investigating law-enforcement officeror his supervisor or the local attorney for the Commonwealth.

C. Failure to comply with investigation procedures does not preclude afinding of abuse or neglect if such a finding is warranted by the facts.

(2003, cc. 986, 1013.)