Bill Text: VA HB897 | 2012 | Regular Session | Prefiled
Bill Title: Virginia Child Protection Accountability System; reporting of certain information by VCSC, etc. [Track Bill]
Status: 2012-04-06 - Governor: Acts of Assembly Chapter text (CHAP0661) [HB897 Detail]
Be it enacted by the General Assembly of Virginia:
1. That §63.2-1530 of the Code of Virginia is amended and reenacted as follows:
§63.2-1530. Virginia Child Protection Accountability System.
A. The Virginia Child Protection Accountability System (the System) is created to collect and make available to the public information on the response to reported cases of child abuse and neglect in the Commonwealth. The Department shall establish and maintain the System. The Board shall promulgate regulations to implement the provisions of this section.
B. The following information shall, notwithstanding any state law regarding privacy or confidentiality of records, be included in the System and made available to the public via a website maintained by the Department and in print format:
1. From the Department: (i) the total number of complaints alleging child abuse, neglect, or a combination thereof received; (ii) the total number of complaints deemed valid pursuant to §63.2-1508; (iii) the total number of complaints investigated by the Department pursuant to subsection I of §§63.2-1503 and 63.2-1505; (iv) the total number of cases determined to be founded cases of abuse or neglect; and (v) the total number of cases resulting in a finding that the complaint was founded resulting in administrative appeal. Information reported pursuant to clause (v) shall be reported by total number of appeals to the local department, total number of appeals to the Department, and total number of appeals by outcome of the appeal. For each category of information required by this subdivision, the Department shall also report the total number of cases by type of abuse; by gender, age, and race of the alleged victim; and by the nature of the relationship between the alleged victim and alleged abuser.
2. The Department of State Police shall report annually, in a format approved by the Department of Social Services, arrest and disposition statistics for violations of §§18.2-48, 18.2-61, 18.2-63, 18.2-64.1, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-67.4, 18.2-355, 18.2-361, 18.2-366, 18.2-370 through 18.2-370.2, 18.2-371, 18.2-371.1, 18.2-374.1, 18.2-374.1:1, 18.2-374.3, 18.2-387, and 40.1-103 for inclusion in the Child Protection Accountability System.
3. From every circuit court in the Commonwealth for which data
is available through the statewide Case Management System: (i) the total number
of (a) misdemeanor convictions appealed from the district court to the circuit
court, (b) felony charges certified from the district court to the circuit
court, and (c) charges brought by direct indictment in the circuit court that
involve a violation of any
4. From the Virginia Criminal Sentencing Commission, information on sentences imposed for offenses listed in subdivision 2, including (i) the name of the sentencing judge; (ii) the offense or offenses for which a sentence was imposed; (iii) the age of the victim and offender; (iv) the relationship between the victim and the offender; (v) the locality in which the offense occurred; (vi) the sentence imposed and the actual time served; (vii) whether the sentence was an upward or downward departure from the sentencing guidelines or within the sentencing guidelines; and (viii) the reasons given for the departure, if any, from the sentencing guidelines.
5. From every circuit court, general district court, juvenile and domestic relations district court, and magistrate in the Commonwealth: (i) the total number of petitions for an emergency removal order pursuant to §16.1-251, a preliminary removal order pursuant to §16.1-252, an emergency protective order pursuant to §16.1-253.4 or 19.2-152.8, a preliminary protective order pursuant to §16.1-253 or 19.2-152.9, or a preliminary protective order alleging family abuse pursuant to §16.1-253.1, filed by type of order sought; (ii) the locality in which the petition was filed; (iii) the relationship of the petitioner to the alleged victim; (iv) the number of each type of order issued, the number of each type of order denied, and the name of the judge or magistrate who issued or denied each order; and (v) whether the issuance or denial of the order was appealed. In cases in which the issuance or denial of a removal or protective order was appealed, such information shall also include (a) the relationship of the appellant to the alleged victim and (b) the disposition of such appeal.
Information required to be reported pursuant to subdivisions
C. Data collected pursuant to subsection B shall be made available to the public on a website established and maintained by the Department and shall also be made readily available to the public in print format. Information included in the System shall be presented in such a manner that no individual identifying information shall be included.