| 3/23/2010 9:13 am Date / Time filed with the Register of Regulations | VA.R. Document Number: R____-______ |
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Virginia Register Publication Information
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Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
X
Agency Decision
| Promulgating Board: | State Board of Social Services |
| Regulatory Coordinator: | L. Richard Martin, Jr. (804)726-7902 richard.martin@dss.virginia.gov |
| Agency Contact: | L. Richard Martin, Jr. Director (804)726-7902 richard.martin@dss.virginia.gov |
| Contact Address: | Department of Social Services Office of Legislative and Regulatory Affairs 7 North Eighth Street, Room 5214 Richmond, AK 23219 |
| Chapter Affected: | |
| 22 vac 40 - 910: | General Provisions for Maintaining and Disclosing Confidential Information of Public Assistance, Child Support Enforcement, and Social Services Records |
| Statutory Authority: |
State: 63.2-217 and 63.2-102 Federal: |
| Date Petition Received | 12/08/2009 |
| Petitioner | J. Thompson Shrader on behalf of the Amherst County Social Services Board |
Mr. Shrader, on behalf of the Amherst County Social Services Board, states: "...this
regulation's revision to require the release of information unless doing so 'would
be likely to' cause the harm set forth, will have the unintended consequence of placing
child abuse and neglect victims at risk of further harm. Rather, the Amherst County
Social Services Board suggests that the regulation should be further amended to permit
the withholding of information even it if only 'may' cause such harm."
Agency Plan
(1) The regulation will be put out for a 21-day period for acceptance of written public
comment on the petition to amend the regulation. (2) The State Board of Social Services
(Board) will review and consider the written public comment received during the 21-day
public comment period at its February 17-18, 2010 meeting. (3) The Board will issue
a written decision to grant or deny the petitioner's request on February 18, 2009.
| Publication Date | 01/18/2010 (comment period will also begin on this date) |
| Comment End Date | 02/08/2010 |
Take no action
| Agency Response Date | 02/17/2010 |
The Administration for Children and Families (ACF) advised the Department of Social
Services (DSS) by a letter dated June 2, 2009 that 22 VAC 40-190-100(B)(3)(b)(2) did
not make clear that local deparments of social services (LDSS) do not have the discretion
to withhold findings or information about a case of child abuse or neglect resulting
in a child fatality or near fatality. ACF directed the State Board of Social Services
(Board) to make the regulatory language consistent with the Child Abuse and Prevention
Treatment Act (CAPTA), which requires states to have procedures or provisions that
allow the public to access findings or information about a child abuse or neglect
case that results in the fatality or near fatality of a child. The regulation in question,
22 VAC 40-190-100, was changed to clarify that release of these findings or information
is mandatory by changing one word - "may" was changed to "must." In a February 4,
2010, e-mail message, ACF confirmed that to change "must" back to "may" would violate
the requirements of CAPTA and would be contrary to ACF's direction to the Board.
During the public comment period only two comments were received. The petitioner submitted
comments in support of the petition. Commenter Jacklyn Trudell opposed the petition.