VirginiaHB2832026 Regular SessionHouse

Child abuse or neglect; prenatal use of a controlled substance or drug as prescribed.

Sponsored By: Debra D. Gardner (Democratic)

Became Law

Summary

Child abuse or neglect; prenatal use of a controlled substance or drug as prescribed. Clarifies that a pregnant woman's prenatal use of a controlled substance or drug as prescribed by such woman's health care provider for opioid addiction recovery shall not solely be a reason to suspect that a child is abused or neglected.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 0 benefits, 0 costs, 4 mixed.

Penalties for not reporting and protections

Mandated reporters must report as soon as possible and no later than 24 hours after they have reason to suspect abuse or neglect. A first failure to report on time can be fined up to $500; later failures carry fines of at least $1,000. Knowingly and intentionally failing to report in cases showing rape, sodomy, aggravated sexual battery, or object sexual penetration is a Class 1 misdemeanor. People who report in good faith, share records, or testify in related cases are immune from civil, criminal, and administrative liability. This immunity does not apply to bad‑faith or malicious actions.

Clergy reporting rules and confidentiality

Ministers, priests, rabbis, imams, and accredited religious practitioners must report suspected child abuse or neglect. They do not have to report when the information is required by their religion to be kept confidential or is protected by Virginia’s evidentiary privileges. Outside those protected situations, the duty to report applies.

Infant exposure reports and hospital plan

The law treats certain infant drug and alcohol findings as a reason to suspect abuse or neglect. A doctor’s finding within six weeks after birth that a baby was affected by drugs or has withdrawal must be reported. A diagnosis within four years that a child’s illness is from the mother’s drug abuse in pregnancy must be reported. A diagnosis within four years of fetal alcohol spectrum disorder from prenatal alcohol must be reported. A pregnant woman’s use of a prescribed opioid recovery drug alone is not a reason to report. When any of these findings or diagnoses are made in a licensed hospital, the hospital must create a written discharge plan under its protocols.

Who must report child abuse and how

The law requires listed professionals to report suspected child abuse or neglect right away. Report to the local child-protective department where the child lives or where the harm happened, or call the state’s toll‑free hotline. If you do not know the child’s home or where it happened, report where you discovered it or call the hotline. In hospitals, schools, or similar places, you may tell the person in charge, who must file the report at once and update you. EMS may tell the hospital’s attending doctor, who then must report right away. If a local child‑protective employee is suspected, report to the local court; a judge assigns a different local department to investigate. You may make the first report by phone. You must share the facts and related records if asked, unless FERPA blocks sharing; police investigative reports stay confidential. You do not have to report if you actually know the same matter was already reported.

Sponsors & Cosponsors

Sponsor

  • Debra D. Gardner

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 185 • No: 51

Senate vote 3/10/2026

Passed Senate

Yes: 21 • No: 19

Senate vote 3/9/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 3/9/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/6/2026

Reported from Rehabilitation and Social Services

Yes: 11 • No: 4

Senate vote 2/26/2026

Rereferred from Education and Health to Rehabilitation and Social Services Block Vote

Yes: 13 • No: 0

House vote 2/16/2026

Read third time and passed House

Yes: 73 • No: 25

House vote 2/10/2026

Reported from Health and Human Services with amendment(s)

Yes: 20 • No: 2

House vote 2/5/2026

Subcommittee recommends reporting with amendment(s)

Yes: 7 • No: 1

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0585)

    4/13/2026Governor
  2. Approved by Governor-Chapter 585 (effective 7/1/2026)

    4/13/2026Governor
  3. Fiscal Impact Statement from Department of Planning and Budget (HB283)

    3/31/2026House
  4. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  5. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026House
  6. Signed by Speaker

    3/31/2026House
  7. Bill text as passed House and Senate (HB283ER)

    3/30/2026House
  8. Enrolled

    3/30/2026House
  9. Signed by President

    3/30/2026Senate
  10. Passed Senate (21-Y 19-N 0-A)

    3/10/2026Senate
  11. Read third time

    3/10/2026Senate
  12. Passed by for the day Block Vote (Voice Vote)

    3/9/2026Senate
  13. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    3/9/2026Senate
  14. Rules suspended

    3/9/2026Senate
  15. Reported from Rehabilitation and Social Services (11-Y 4-N)

    3/6/2026Senate
  16. Rereferred from Education and Health to Rehabilitation and Social Services Block Vote (13-Y 0-N)

    2/26/2026Senate
  17. Fiscal Impact Statement from Department of Planning and Budget (HB283)

    2/17/2026House
  18. Referred to Committee on Education and Health

    2/17/2026Senate
  19. Constitutional reading dispensed (on 1st reading)

    2/17/2026Senate
  20. Read third time and passed House (73-Y 25-N 0-A)

    2/16/2026House
  21. Engrossed by House as amended

    2/13/2026House
  22. committee amendment agreed to

    2/13/2026House
  23. Read second time

    2/13/2026House
  24. Read first time

    2/12/2026House
  25. Reported from Health and Human Services with amendment(s) (20-Y 2-N)

    2/10/2026House

Bill Text

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