Guardian ad litem; mandatory reporting of child abuse or neglect. (HB1240)

Introduced By

Del. Patrick Hope (D-Arlington)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Guardian ad litem; mandatory reporting of child abuse or neglect. Read the Bill »


Bill Has Failed


01/17/2014Presented and ordered printed 14104157D
01/17/2014Referred to Committee on Health, Welfare and Institutions
01/22/2014Assigned HWI sub: Subcommittee #2
01/23/2014Subcommittee recommends referring to Committee for Courts of Justice
01/28/2014Referred from Health, Welfare and Institutions
01/28/2014Referred to Committee for Courts of Justice
01/28/2014Assigned Courts sub: Criminal Law
02/03/2014Subcommittee recommends laying on the table
02/12/2014Left in Courts of Justice


spotter writes:

This is a good idea -- surprised it isn't already in the Code. A similar provision should be added to 63.2-1606, and the exception for attorney-client privilege should be eliminated.

Please note that the latter provision requires the guardian and conservator of an incapacitated adult to report suspected abuse and neglect.

All of this raises the touchy subject of what to do about cases where the guardian or conservator is actually participating in the abuse and neglect. For instance, the clients of Jewish Family Service of Tidewater and Catholic Charities of Eastern Virginia who were among the 400 people dumped into six dangerous, disgusting facilities operated by the notorious Scott Schuett, in one case in direct violation of a court order, with the participation of the hand-picked guardian ad litem "for" this unfortunate elderly lady. (Google Scott Schuett for the appalling details.)

Months and months after Scott Schuett lost license after license based on findings that he constituted a "substantial danger to the public health and safety," Lloyd Clements of Jewish Family Service of Tidewater blamed the victims of his poor decision-making:

“The ALFs (assisted-living facilities) would like to work with people easy to work with … (but) unfortunately, that is not the clients I work with.... Most of the time, (clients) have difficulty living with other people, for whatever reason.”

Catholic Charities of Eastern Virginia CEO Neil McNulty dissembled:

"We want to be sure that people we care for have the best care possible.... We ensure that the homes are licensed. If something occurs we'd look into removal. … We want our guardianship clients in safe, clean, caring environments." He added ... that CCEVA is not placing clients in Schuett's facilities "at the present time."