definition of a mandated reporter in virginia

63.2-1509. Physicians, nurses, teachers, etc., to report certain injuries o children; penalty for failure to report. /section> section> . The following persons who, in their professional or official capacity, ave reason to suspect that a child is an abused or neglected child, shall eport the matter immediately to the local department of the county or city herein the child resides or wherein the abuse or neglect is believed to have ccurred or to the Department’s toll-free child abuse and neglect hotline: /section> section> . Any person licensed to practice medicine or any of the healing arts; /section> section> . Any hospital resident or intern, and any person employed in the nursing rofession; /section> section> . Any person employed as a social worker; /section> section> . Any probation officer; /section> section> . Any teacher or other person employed in a public or private school, indergarten or nursery school; /section> section> . Any person providing full-time or part-time child care for pay on a egularly planned basis; /section> section> . Any mental health professional; /section> section> . Any law-enforcement officer or animal control officer; /section> section> . Any mediator eligible to receive court referrals pursuant to § 8.01-576.8; /section> section> 0. Any professional staff person, not previously enumerated, employed by a rivate or state-operated hospital, institution or facility to which children ave been committed or where children have been placed for care and treatment; /section> section> 1. Any person associated with or employed by any private organization esponsible for the care, custody or control of children; /section> section> 2. Any person who is designated a court-appointed special advocate pursuant o Article 5 (§ 9.1-151 et seq.) of Chapter 1 of Title 9.1; /section> section> 3. Any person, over the age of 18 years, who has received training approved y the Department of Social Services for the purposes of recognizing and eporting child abuse and neglect; /section> section> 4. Any person employed by a local department as defined in § 63.2-100 who etermines eligibility for public assistance; and /section> section> 5. Any emergency medical services personnel certified by the Board of Health ursuant to § 32.1-111.5, unless such personnel immediately reports the atter directly to the attending physician at the hospital to which the child s transported, who shall make such report forthwith. /section> section> his subsection shall not apply to any regular minister, priest, rabbi, imam, r duly accredited practitioner of any religious organization or denomination sually referred to as a church as it relates to (i) information required by he doctrine of the religious organization or denomination to be kept in a onfidential manner or (ii) information that would be subject to § 8.01-400 r 19.2-271.3 if offered as evidence in court. /section> section> f neither the locality in which the child resides nor where the abuse or eglect is believed to have occurred is known, then such report shall be made o the local department of the county or city where the abuse or neglect was iscovered or to the Department’s toll-free child abuse and neglect hotline. /section> section> f an employee of the local department is suspected of abusing or neglecting child, the report shall be made to the court of the county or city where he abuse or neglect was discovered. Upon receipt of such a report by the ourt, the judge shall assign the report to a local department that is not he employer of the suspected employee for investigation or family ssessment. The judge may consult with the Department in selecting a local epartment to respond to the report or the complaint. /section> section> f the information is received by a teacher, staff member, resident, intern r nurse in the course of professional services in a hospital, school or imilar institution, such person may, in place of said report, immediately otify the person in charge of the institution or department, or his esignee, who shall make such report forthwith. /section> section> he initial report may be an oral report but such report shall be reduced to riting by the child abuse coordinator of the local department on a form rescribed by the Board. Any person required to make the report pursuant to his subsection shall disclose all information that is the basis for his uspicion of abuse or neglect of the child and, upon request, shall make vailable to the child-protective services coordinator and the local epartment, which is the agency of jurisdiction, any information, records, or eports that document the basis for the report. All persons required by this ubsection to report suspected abuse or neglect who maintain a record of a hild who is the subject of such a report shall cooperate with the nvestigating agency and shall make related information, records and reports vailable to the investigating agency unless such disclosure violates the ederal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g). rovision of such information, records, and reports by a health care provider hall not be prohibited by § 8.01-399. Criminal investigative reports eceived from law-enforcement agencies shall not be further disseminated by he investigating agency nor shall they be subject to public disclosure. /section> section> . For purposes of subsection A, “reason to suspect that a child is abused r neglected” shall include (i) a finding made by an attending physician ithin seven days of a child’s birth that the results of a blood or urine est conducted within 48 hours of the birth of the child indicate the resence of a controlled substance not prescribed for the mother by a hysician; (ii) a finding by an attending physician made within 48 hours of a hild’s birth that the child was born dependent on a controlled substance hich was not prescribed by a physician for the mother and has demonstrated ithdrawal symptoms; (iii) a diagnosis by an attending physician made within even days of a child’s birth that the child has an illness, disease or ondition which, to a reasonable degree of medical certainty, is attributable o in utero exposure to a controlled substance which was not prescribed by a hysician for the mother or the child; or (iv) a diagnosis by an attending hysician made within seven days of a child’s birth that the child has fetal lcohol syndrome attributable to in utero exposure to alcohol. When “reason o suspect” is based upon this subsection, such fact shall be included in he report along with the facts relied upon by the person making the report. /section> section> . Any person who makes a report or provides records or information pursuant o subsection A or who testifies in any judicial proceeding arising from such eport, records, or information shall be immune from any civil or criminal iability or administrative penalty or sanction on account of such report, ecords, information, or testimony, unless such person acted in bad faith or ith malicious purpose. /section> section> . Any person required to file a report pursuant to this section who fails to o so within 72 hours of his first suspicion of child abuse or neglect shall e fined not more than $500 for the first failure and for any subsequent ailures not less than $100 nor more than $1,000. /section> history> 1975, c. 341, § 63.1-248.3; 1976, c. 348; 1978, c. 747; 1993, c. 443; 1994, . 840; 1995, c. 810; 1998, cc. 704, 716; 1999, c. 606; 2000, c. 500; 2001, . 853; 2002, cc. 747, 860; 2006, cc. 530, 801; 2008, cc. 43, 268.) /history>


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