{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-438.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-438.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-438.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-438.html"}],"law_id":82383,"edition_id":1,"section_id":82383,"structure_id":14132,"section_number":"2.2-438","catch_line":"Definitions","history":"2020, c. 1090; 2023, c. 750; 2024, c. 280; 2025, cc. 200, 223.","full_text":"As used in this chapter, unless context requires another meaning:\n\t\t“Abused or neglected child” means the same as that term is defined in \u00a7 63.2-100.\n\t\t“Administrative act” includes an action, omission, decision, recommendation, practice, or other procedure of the Department, a local department, a children’s residential facility, or a child-placing agency with respect to a particular child related to adoption, foster care, or protective services.\n\t\t“Central registry” means the system maintained at the Department of Social Services pursuant to \u00a7 63.2-1515.\n\t\t“Child” means an individual who is (i) younger than the age of 18 or (ii) for purposes of the Fostering Futures program established pursuant to Article 2 (\u00a7 63.2-917 et seq.) of Chapter 9 of Title 63.2, younger than the age of 21 and meets the eligibility criteria set forth in \u00a7 63.2-919.\n\t\t“Child-placing agency” means (i) any person who places children in foster homes, adoptive homes, or independent living arrangements pursuant to \u00a7 63.2-1819; (ii) a local board that places children in foster homes or adoptive homes pursuant to \u00a7\u00a7 63.2-900, 63.2-903, and 63.2-1221; or (iii) an entity that assists parents with the process of delegating parental and legal custodial powers of their children pursuant to Chapter 10 (\u00a7 20-166 et seq.) of Title 20. “Child-placing agency” does not include the persons to whom such parental or legal custodial powers are delegated pursuant to Chapter 10 (\u00a7 20-166 et seq.) of Title 20. Officers, employees, or agents of the Commonwealth or any locality thereof, acting within the scope of their authority as such, who serve as or maintain a child-placing agency shall not be required to be licensed.\n\t\t“Children’s Ombudsman” or “Ombudsman” means the individual appointed to head the Office of the Children’s Ombudsman under \u00a7 2.2-439.\n\t\t“Children’s residential facility” means the same as that term is defined in \u00a7 63.2-100.\n\t\t“Child-serving agency” means (i) a state agency that provides services to children, including the Department of Behavioral Health and Developmental Services, the Department of Education, the Department of Health, the Department of Juvenile Justice, the Department of Social Services, and the Office of Children’s Services, and (ii) a local entity that provides services to children and that receives funding from a state agency under clause (i). “Child-serving agency” does not include any law-enforcement agency.\n\t\t“Complainant” means an individual who makes a complaint pursuant to \u00a7 2.2-441.\n\t\t“Department” means the Department of Social Services.\n\t\t“Foster care” means care provided to a child by a foster parent, children’s residential facility, or group home licensed or approved by the Department under Chapter 9 (\u00a7 63.2-900) of Title 63.2; care provided to a child in a relative’s home under a court order; or any other care provided at the time the child’s custody has been given to a government agency.\n\t\t“Law-enforcement agency” means any crime victim and witness assistance program whose funding is provided in whole or in part by grants administered by the Department of Criminal Justice Services pursuant to \u00a7 9.1-104, any state or local police or sheriff’s department, any office of an attorney for the Commonwealth, or the Office of the Attorney General.\n\t\t“Local department” means the local department of social services of any county or city in the Commonwealth.\n\t\t“Office” means the Office of the Children’s Ombudsman established under \u00a7 2.2-439.","order_by":null,"text":{"0":{"id":295150,"text":"As used in this chapter, unless context requires another meaning:\n\t\t“Abused or neglected child” means the same as that term is defined in \u00a7 63.2-100.\n\t\t“Administrative act” includes an action, omission, decision, recommendation, practice, or other procedure of the Department, a local department, a children’s residential facility, or a child-placing agency with respect to a particular child related to adoption, foster care, or protective services.\n\t\t“Central registry” means the system maintained at the Department of Social Services pursuant to \u00a7 63.2-1515.\n\t\t“Child” means an individual who is (i) younger than the age of 18 or (ii) for purposes of the Fostering Futures program established pursuant to Article 2 (\u00a7 63.2-917 et seq.) of Chapter 9 of Title 63.2, younger than the age of 21 and meets the eligibility criteria set forth in \u00a7 63.2-919.\n\t\t“Child-placing agency” means (i) any person who places children in foster homes, adoptive homes, or independent living arrangements pursuant to \u00a7 63.2-1819; (ii) a local board that places children in foster homes or adoptive homes pursuant to \u00a7\u00a7 63.2-900, 63.2-903, and 63.2-1221; or (iii) an entity that assists parents with the process of delegating parental and legal custodial powers of their children pursuant to Chapter 10 (\u00a7 20-166 et seq.) of Title 20. “Child-placing agency” does not include the persons to whom such parental or legal custodial powers are delegated pursuant to Chapter 10 (\u00a7 20-166 et seq.) of Title 20. Officers, employees, or agents of the Commonwealth or any locality thereof, acting within the scope of their authority as such, who serve as or maintain a child-placing agency shall not be required to be licensed.\n\t\t“Children’s Ombudsman” or “Ombudsman” means the individual appointed to head the Office of the Children’s Ombudsman under \u00a7 2.2-439.\n\t\t“Children’s residential facility” means the same as that term is defined in \u00a7 63.2-100.\n\t\t“Child-serving agency” means (i) a state agency that provides services to children, including the Department of Behavioral Health and Developmental Services, the Department of Education, the Department of Health, the Department of Juvenile Justice, the Department of Social Services, and the Office of Children’s Services, and (ii) a local entity that provides services to children and that receives funding from a state agency under clause (i). “Child-serving agency” does not include any law-enforcement agency.\n\t\t“Complainant” means an individual who makes a complaint pursuant to \u00a7 2.2-441.\n\t\t“Department” means the Department of Social Services.\n\t\t“Foster care” means care provided to a child by a foster parent, children’s residential facility, or group home licensed or approved by the Department under Chapter 9 (\u00a7 63.2-900) of Title 63.2; care provided to a child in a relative’s home under a court order; or any other care provided at the time the child’s custody has been given to a government agency.\n\t\t“Law-enforcement agency” means any crime victim and witness assistance program whose funding is provided in whole or in part by grants administered by the Department of Criminal Justice Services pursuant to \u00a7 9.1-104, any state or local police or sheriff’s department, any office of an attorney for the Commonwealth, or the Office of the Attorney General.\n\t\t“Local department” means the local department of social services of any county or city in the Commonwealth.\n\t\t“Office” means the Office of the Children’s Ombudsman established under \u00a7 2.2-439.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14132,"edition_id":1,"name":"Office of the Children's Ombudsman","identifier":"4.4","label":"chapter","depth":4,"order_by":1,"parent_id":13132,"metadata":{},"date_created":"2026-06-26 03:46:58","date_modified":"2026-06-26 03:46:58","permalink":{"id":172251,"object_type":"structure","relational_id":14132,"identifier":"4.4","token":"2.2\/I\/A\/4.4","url":"\/2.2\/I\/A\/4.4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13132,"edition_id":1,"name":"Office of the Governor","identifier":"A","label":"part","depth":3,"order_by":1,"parent_id":12784,"metadata":{},"date_created":"2026-06-26 03:44:19","date_modified":"2026-06-26 03:44:19","permalink":{"id":171457,"object_type":"structure","relational_id":13132,"identifier":"A","token":"2.2\/I\/A","url":"\/2.2\/I\/A\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12784,"edition_id":1,"name":"Organization of State Government","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":171455,"object_type":"structure","relational_id":12784,"identifier":"I","token":"2.2\/I","url":"\/2.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":82383,"structure_id":14132,"section_number":"2.2-438","catch_line":"Definitions","url":"\/2.2-438\/","token":"2.2\/I\/A\/4.4\/2.2-438","metadata":false},{"id":58926,"structure_id":14132,"section_number":"2.2-439","catch_line":"Children's Ombudsman; establishment; appointment; removal","url":"\/2.2-439\/","token":"2.2\/I\/A\/4.4\/2.2-439","metadata":false},{"id":65867,"structure_id":14132,"section_number":"2.2-440","catch_line":"Procedures; training; notification of safety concerns.","url":"\/2.2-440\/","token":"2.2\/I\/A\/4.4\/2.2-440","metadata":false},{"id":55274,"structure_id":14132,"section_number":"2.2-441","catch_line":"Individuals making complaint to Children's Ombudsman","url":"\/2.2-441\/","token":"2.2\/I\/A\/4.4\/2.2-441","metadata":false},{"id":56251,"structure_id":14132,"section_number":"2.2-442","catch_line":"Children's Ombudsman; powers and duties","url":"\/2.2-442\/","token":"2.2\/I\/A\/4.4\/2.2-442","metadata":false},{"id":57255,"structure_id":14132,"section_number":"2.2-443","catch_line":"Abused or neglected children; children receiving child-protective services, in foster care, or placed for adoption; powers of Children's Ombudsman; child fatality cases; investigation","url":"\/2.2-443\/","token":"2.2\/I\/A\/4.4\/2.2-443","metadata":false},{"id":63429,"structure_id":14132,"section_number":"2.2-444","catch_line":"Decision to investigate; notice; pursuing administrative remedies or channels of complaint; further investigation; violation of state or federal criminal law; complaint against child-placing agency; petition requesting court jurisdiction or termination of parental rights","url":"\/2.2-444\/","token":"2.2\/I\/A\/4.4\/2.2-444","metadata":false},{"id":59527,"structure_id":14132,"section_number":"2.2-445","catch_line":"Department and child-placing agency; duties; information to be provided to biological parent, adoptive parent, or foster parent; access to departmental computer networks","url":"\/2.2-445\/","token":"2.2\/I\/A\/4.4\/2.2-445","metadata":false},{"id":60624,"structure_id":14132,"section_number":"2.2-446","catch_line":"Confidentiality of record of Children's Ombudsman; disclosure; limitations; release of certain information","url":"\/2.2-446\/","token":"2.2\/I\/A\/4.4\/2.2-446","metadata":false},{"id":71669,"structure_id":14132,"section_number":"2.2-447","catch_line":"Report of findings; recommendations; consultation with individual, Department, local department, children's residential facility, or child-placing agency; publication of adverse report; notice of actions; information provided to complainant; child fatality investigation; report","url":"\/2.2-447\/","token":"2.2\/I\/A\/4.4\/2.2-447","metadata":false},{"id":58073,"structure_id":14132,"section_number":"2.2-448","catch_line":"Penalty for filing complaint or cooperating in investigation prohibited","url":"\/2.2-448\/","token":"2.2\/I\/A\/4.4\/2.2-448","metadata":false},{"id":81030,"structure_id":14132,"section_number":"2.2-449","catch_line":"Repealed","url":"\/2.2-449\/","token":"2.2\/I\/A\/4.4\/2.2-449","metadata":false}],"next_section":{"id":58926,"structure_id":14132,"section_number":"2.2-439","catch_line":"Children's Ombudsman; establishment; appointment; removal","url":"\/2.2-439\/","token":"2.2\/I\/A\/4.4\/2.2-439","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-438\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapter 1090<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2023, chapter 750<\/a>; in 2024, chapter 280<\/a>; in 2025, chapters 200<\/a> and 223<\/a>.<\/p>","references":false,"refers_to":[{"id":58926,"section_number":"2.2-439","catch_line":"Children's Ombudsman; establishment; appointment; removal","order_by":null,"url":"\/2.2-439\/"},{"id":55274,"section_number":"2.2-441","catch_line":"Individuals making complaint to Children's Ombudsman","order_by":null,"url":"\/2.2-441\/"},{"id":59671,"section_number":"20-166","catch_line":"Power of attorney to delegate parental or legal custodial powers","order_by":null,"url":"\/20-166\/"},{"id":72379,"section_number":"63.2-100","catch_line":"Definitions","order_by":null,"url":"\/63.2-100\/"},{"id":87110,"section_number":"63.2-1221","catch_line":"Placement of children for adoption by agency or local board","order_by":null,"url":"\/63.2-1221\/"},{"id":67092,"section_number":"63.2-1515","catch_line":"Central registry; disclosure of information","order_by":null,"url":"\/63.2-1515\/"},{"id":75228,"section_number":"63.2-1819","catch_line":"Where child-placing agencies may place children","order_by":null,"url":"\/63.2-1819\/"},{"id":87280,"section_number":"63.2-900","catch_line":"Accepting children for placement in homes, facilities, etc., by local boards","order_by":null,"url":"\/63.2-900\/"},{"id":83322,"section_number":"63.2-903","catch_line":"Entrustment agreements; adoption","order_by":null,"url":"\/63.2-903\/"},{"id":79943,"section_number":"63.2-917","catch_line":"Fostering Futures program; established","order_by":null,"url":"\/63.2-917\/"},{"id":69786,"section_number":"63.2-919","catch_line":"Fostering Futures program; eligibility","order_by":null,"url":"\/63.2-919\/"},{"id":63330,"section_number":"9.1-104","catch_line":"Establishment of victim and witness assistance programs; purpose; guidelines","order_by":null,"url":"\/9.1-104\/"}],"permalink":{"id":172253,"object_type":"law","relational_id":82383,"identifier":"2.2-438","token":"2.2\/I\/A\/4.4\/2.2-438","url":"\/2.2-438\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-438\/","token":"2.2\/I\/A\/4.4\/2.2-438","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-438","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter, unless context requires another meaning:\n\t\t“Abused or neglected child<\/span>” means the same as that term is defined in \u00a7 63.2-100<\/a>.\n\t\t“Administrative act<\/span>” includes an action, omission, decision, recommendation, practice, or other procedure of the Department, a local department<\/span>, a children’s residential facility, or a child-placing agency<\/span> with respect to a particular child related to adoption, foster care<\/span>, or protective services.\n\t\t“Central registry<\/span>” means the system maintained at the Department of Social Services pursuant to \u00a7 63.2-1515<\/a>.\n\t\t“Child” means an individual who is (i) younger than the age of 18 or (ii) for purposes of the Fostering Futures program established pursuant to Article 2 (\u00a7 63.2-917<\/a> et seq.) of Chapter 9 of Title 63.2, younger than the age of 21 and meets the eligibility criteria set forth in \u00a7 63.2-919<\/a>.\n\t\t“Child-placing agency<\/span>” means (i) any person who places children in foster homes, adoptive homes, or independent living arrangements pursuant to \u00a7 63.2-1819<\/a>; (ii) a local board that places children in foster homes or adoptive homes pursuant to \u00a7\u00a7 63.2-900<\/a>, 63.2-903<\/a>, and 63.2-1221<\/a>; or (iii) an entity that assists parents with the process of delegating parental and legal custodial powers of their children pursuant to Chapter 10 (\u00a7 20-166<\/a> et seq.) of Title 20. “Child-placing agency<\/span>” does not include the persons to whom such parental or legal custodial powers are delegated pursuant to Chapter 10 (\u00a7 20-166<\/a> et seq.) of Title 20. Officers, employees, or agents of the Commonwealth or any locality thereof, acting within the scope of their authority as such, who serve as or maintain a child-placing agency<\/span> shall not be required to be licensed.\n\t\t“Children’s Ombudsman<\/span>” or “Ombudsman<\/span>” means the individual appointed to head the Office<\/span> of the Children’s Ombudsman<\/span> under \u00a7 2.2-439<\/a>.\n\t\t“Children’s residential facility” means the same as that term is defined in \u00a7 63.2-100<\/a>.\n\t\t“Child-serving agency<\/span>” means (i) a state agency<\/span> that provides services to children, including the Department of Behavioral Health and Developmental Services, the Department of Education, the Department of Health, the Department of Juvenile Justice, the Department of Social Services, and the Office<\/span> of Children’s Services, and (ii) a local entity that provides services to children and that receives funding from a state agency<\/span> under clause (i). “Child-serving agency<\/span>” does not include any law<\/span>-enforcement agency<\/span>.\n\t\t“Complainant<\/span>” means an individual who makes a complaint pursuant to \u00a7 2.2-441<\/a>.\n\t\t“Department” means the Department of Social Services.\n\t\t“Foster care<\/span>” means care provided to a child by a foster parent, children’s residential facility, or group home licensed or approved by the Department under Chapter 9 (\u00a7 63.2-900<\/a>) of Title 63.2; care provided to a child in a relative’s home under a court order<\/span>; or any other care provided at the time the child’s custody<\/span> has been given to a government agency.\n\t\t“Law<\/span>-enforcement agency<\/span>” means any crime<\/span> victim and witness<\/span> assistance program whose funding is provided in whole or in part by grants administered by the Department of Criminal Justice Services pursuant to \u00a7 9.1-104<\/a>, any state or local police or sheriff’s department, any office<\/span> of an attorney for the Commonwealth, or the Office<\/span> of the Attorney General<\/span>.\n\t\t“Local department<\/span>” means the local department<\/span> of social services of any county or city in the Commonwealth.\n\t\t“Office<\/span>” means the Office<\/span> of the Children’s Ombudsman<\/span> established under \u00a7 2.2-439<\/a>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 2.2-438)\n\nAs used in this chapter, unless context requires another meaning:\n\t\t“Abused or neglected child” means the same as that term is defined\nin \u00a7 63.2-100.\n\t\t“Administrative act” includes an action, omission, decision,\nrecommendation, practice, or other procedure of the Department, a local\ndepartment, a children’s residential facility, or a child-placing agency\nwith respect to a particular child related to adoption, foster care, or\nprotective services.\n\t\t“Central registry” means the system maintained at the Department\nof Social Services pursuant to \u00a7 63.2-1515.\n\t\t“Child” means an individual who is (i) younger than the age of 18\nor (ii) for purposes of the Fostering Futures program established pursuant to\nArticle 2 (\u00a7 63.2-917 et seq.) of Chapter 9 of Title 63.2, younger than the age\nof 21 and meets the eligibility criteria set forth in \u00a7 63.2-919.\n\t\t“Child-placing agency” means (i) any person who places children in\nfoster homes, adoptive homes, or independent living arrangements pursuant to \u00a7\n63.2-1819; (ii) a local board that places children in foster homes or adoptive\nhomes pursuant to \u00a7\u00a7 63.2-900, 63.2-903, and 63.2-1221; or (iii) an entity\nthat assists parents with the process of delegating parental and legal custodial\npowers of their children pursuant to Chapter 10 (\u00a7 20-166 et seq.) of Title 20.\n“Child-placing agency” does not include the persons to whom such\nparental or legal custodial powers are delegated pursuant to Chapter 10 (\u00a7\n20-166 et seq.) of Title 20. Officers, employees, or agents of the Commonwealth\nor any locality thereof, acting within the scope of their authority as such, who\nserve as or maintain a child-placing agency shall not be required to be\nlicensed.\n\t\t“Children’s Ombudsman” or “Ombudsman” means the\nindividual appointed to head the Office of the Children’s Ombudsman under\n\u00a7 2.2-439.\n\t\t“Children’s residential facility” means the same as that\nterm is defined in \u00a7 63.2-100.\n\t\t“Child-serving agency” means (i) a state agency that provides\nservices to children, including the Department of Behavioral Health and\nDevelopmental Services, the Department of Education, the Department of Health,\nthe Department of Juvenile Justice, the Department of Social Services, and the\nOffice of Children’s Services, and (ii) a local entity that provides\nservices to children and that receives funding from a state agency under clause\n(i). “Child-serving agency” does not include any law-enforcement\nagency.\n\t\t“Complainant” means an individual who makes a complaint pursuant\nto \u00a7 2.2-441.\n\t\t“Department” means the Department of Social Services.\n\t\t“Foster care” means care provided to a child by a foster parent,\nchildren’s residential facility, or group home licensed or approved by the\nDepartment under Chapter 9 (\u00a7 63.2-900) of Title 63.2; care provided to a child\nin a relative’s home under a court order; or any other care provided at\nthe time the child’s custody has been given to a government agency.\n\t\t“Law-enforcement agency” means any crime victim and witness\nassistance program whose funding is provided in whole or in part by grants\nadministered by the Department of Criminal Justice Services pursuant to \u00a7\n9.1-104, any state or local police or sheriff’s department, any office of\nan attorney for the Commonwealth, or the Office of the Attorney General.\n\t\t“Local department” means the local department of social services\nof any county or city in the Commonwealth.\n\t\t“Office” means the Office of the Children’s Ombudsman\nestablished under \u00a7 2.2-439.\n\nHISTORY: 2020, c. 1090; 2023, c. 750; 2024, c. 280; 2025, cc. 200, 223.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}