Posting #121 – Virginia Social Services Decimates Families

By: RSOL of Virginia
Date:  07/23/2009

Virginia Social Services, Delegates, Senators and Governor Kaine,

In the past two weeks we have heard from several supporters in Lynchburg, Staunton and Buena Vista regarding Social Services ordering the “Registered Sex Offender” to evacuate the premises with children. Some of these RSO’s have lived at these addresses with their wives, fiancées and girlfriends for more than five years and they were not given any advanced notice to leave.

The Registered Offenders are not being given clear reasons why they must vacate but we at RSOL of Virginia surmised it must be either the 2006 law that was passed stating no parent or person responsible for a child’s care knowingly leaves a child alone with someone who has been convicted of a sex offense against a minor to whom is NOT a blood relative or by marriage or it’s the 2008 law stating  any offender whose offense is after July 1, 2008 is prohibited to be within a certain proximity of children that are not in their custody, but all of the supporters we’ve heard from were charged many years ago and have been rehabilitated. The fact that the State of Virginia has essentially forbidden them from carrying on a healthy and normal relationship is in our eyes shameful and is the very thing that leads some of those on the registry in the rare occurrence to re-offend. These laws tend to perpetuate the very behavior they claim to try to prevent. The fact that someone stigmatized by the registry has managed to move forward and engage in a healthy lifestyle should be applauded and rewarded, not punished.

Regardless of these facts, both of these laws are more than a year old and should not have taken this long to enforce when every offenders address is listed on the Registry and re-confirmed every 90 days with re-registration. Also when a Probation Officer (if assigned) knows of the Offenders living situation and when a Virginia State Police Sex Offender Task Force member visits a home twice a year, their living conditions are quite obvious.

The state of Virginia should have notified every Registered Offender of these new laws BEFORE they went into effect and then given every Offender who was in violation a minimum of 30 to 60 days after the notification to vacate their premises.

RSOL of Virginia would like to know what statute Social Services is currently enforcing across the Commonwealth this summer and what the process of notification has been up until today.

We look forward to your response.

Thank you.
RSOL of Virginia Organizer

1st Response to Posting #121
From:  Virginia Social Services
Date: 08/03/2009

RSOL of Virginia,

We did contact the three localities you mention, and they all report that they understand the law and believe they have followed CPS guidance correctly. A CPS report is the only reason they would become involved in these situations. Since local departments are locally operated, if you still believe the law is being carried out inappropriately in one or more locations, you will want to advocate in that locality for a review of the specific case.    

Regarding notification, there was/is no requirement to notify anyone of the change in the 2006 law.  The Department does not maintain the sex offender registry; the State Police do. We have no way to contact everyone in the registry nor would the CPS guidance apply to all in the registry.

Hope this information is helpful.

Assistant Director
Family Services Division
Virginia Dept. of Social Services

 

2nd  Inquiry Posting #121
From:  RSOL of Virginia
Date: 08/03/2009

VDSS,

Thank you for your response.

So to confirm CPS reports were filed in 2009 because of the law that became effective on July 1, 2006?
Who would have filed the CPS reports? The Virginia State Police or a Probation Officer? How long does it take for VDSS to act on a CPS report?

A few of the 'registered" citizens that have contacted us had resided at their locations for more than five years and those addresses would have been listed on the VSP Registry and a VSP Trooper would have visited those addresses twice a year if not a Probation Officer. There addresses and the fact there were children living at those addresses was not new information.

RSOL of Virginia Organizer

 

2nd Response to Posting #121
From:  Virginia Social Services
Date: 08/03/2009

RSOL of Virginia,

Sorry if I was not clear.

The CPS reports would have been about the possible abuse or neglect of specific children, not because of the 2006 law. Anyone can make a report. The local department has 45 to 60 days to complete the investigation. It was only after receiving a report that the local department would become involved with the family and if the 2006 law was pertinent to the situation, they make take action to protect the child.

Assistant Director
Family Services Division
Virginia Dept. of Social Services