HD52 - Reporting Non-Caretaker Child Sexual Abuse to Local Law Enforcement


Executive Summary:
I. Charge

House Joint Resolution 284 requires the Department of Social Services to develop a plan requiring the State Child Abuse and Neglect Hotline and local departments of social services to report all cases of suspected child sexual abuse, believed to be perpetrated by non-caretakers, to local law enforcement agencies. (See Appendix 1 for complete resolution.)

II. Background

Under the provisions of the Code of Virginia, Section 63.1-248, local departments of social services' child protective services (CPS) programs are responsible for the investigation of suspected child abuse and neglect which involves a parent, guardian or person responsible for the care of a child, i.e., a caretaker. Although reports of child sexual abuse perpetrated by someone who is not a caretaker are often called in to CPS, only law enforcement has jurisdiction over these cases. CPS currently refers these callers to law enforcement. No data is available on the volume; however, it is anticipated that some callers do not follow through and make the second telephone call to law enforcement.

The intent of HJR 284 is to ensure that these cases are made known to law enforcement even if the caller does not follow through on the CPS request to report the situation to law enforcement.