{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-441.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-441.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-441.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-441.html"}],"law_id":55274,"edition_id":1,"section_id":55274,"structure_id":14132,"section_number":"2.2-441","catch_line":"Individuals making complaint to Children’s Ombudsman","history":"2020, c. 1090; 2023, c. 750; 2025, cc. 200, 223.","full_text":"A\n\nAny of the following individuals may make a complaint to the Ombudsman with respect to a particular child, alleging that an administrative act is contrary to law, rule, or policy; imposed without an adequate statement of reason; or based on irrelevant, immaterial, or erroneous grounds:1\n\nThe child, if the child is able to articulate a complaint, in accordance with the provisions of subsection A of § 2.2-446;2\n\nA biological parent of the child;3\n\nA foster parent of the child;4\n\nAn adoptive parent or a prospective adoptive parent of the child;5\n\nA legally appointed guardian of the child;6\n\nA guardian ad litem for the child;7\n\nA relative of the child or any person with a legitimate interest as defined in § 20-124.1;8\n\nA Virginia legislator;9\n\nAn individual required to report that a child is alleged to be an abused or neglected child under § 63.2-1509; and10\n\nAn attorney for any individual described in subdivisions 1 through 7.B\n\nAny individual may submit a complaint to the Ombudsman. The Ombudsman has the sole discretion and authority to determine if a complaint falls within the Ombudsman’s duties and powers to investigate and if a complaint involves an administrative act. The Ombudsman may initiate an investigation upon receipt of a complaint from an individual not meeting the definition of complainant. An individual not meeting the definition of complainant is not entitled to receive information under this chapter as if such individual is a complainant. The individual is entitled to receive the recommendations of the Ombudsman and the Department or local department’s response to the recommendations of the Ombudsman in accordance with state and federal law. During the course of an investigation, the Ombudsman may refer a case to a child-serving agency if the Ombudsman determines that such agency received a complaint on the case but did not conduct an investigation. If the Ombudsman refers a case to a child-serving agency, such agency shall conduct an investigation of the case or provide notice to the Ombudsman explaining why an investigation was not conducted or what alternative steps may have been taken to address the situation. If an investigation has been conducted, the child-serving agency shall report the results to the Ombudsman.","order_by":null,"text":{"0":{"id":202726,"text":"Any of the following individuals may make a complaint to the Ombudsman with respect to a particular child, alleging that an administrative act is contrary to law, rule, or policy; imposed without an adequate statement of reason; or based on irrelevant, immaterial, or erroneous grounds:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":202727,"text":"The child, if the child is able to articulate a complaint, in accordance with the provisions of subsection A of § 2.2-446;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":202728,"text":"A biological parent of the child;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":202729,"text":"A foster parent of the child;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":202730,"text":"An adoptive parent or a prospective adoptive parent of the child;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":202731,"text":"A legally appointed guardian of the child;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":202732,"text":"A guardian ad litem for the child;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":202733,"text":"A relative of the child or any person with a legitimate interest as defined in § 20-124.1;","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":202734,"text":"A Virginia legislator;","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":202735,"text":"An individual required to report that a child is alleged to be an abused or neglected child under § 63.2-1509; and","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":202736,"text":"An attorney for any individual described in subdivisions 1 through 7.","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"B"},"11":{"id":202737,"text":"Any individual may submit a complaint to the Ombudsman. The Ombudsman has the sole discretion and authority to determine if a complaint falls within the Ombudsman’s duties and powers to investigate and if a complaint involves an administrative act. The Ombudsman may initiate an investigation upon receipt of a complaint from an individual not meeting the definition of complainant. An individual not meeting the definition of complainant is not entitled to receive information under this chapter as if such individual is a complainant. The individual is entitled to receive the recommendations of the Ombudsman and the Department or local department’s response to the recommendations of the Ombudsman in accordance with state and federal law. During the course of an investigation, the Ombudsman may refer a case to a child-serving agency if the Ombudsman determines that such agency received a complaint on the case but did not conduct an investigation. If the Ombudsman refers a case to a child-serving agency, such agency shall conduct an investigation of the case or provide notice to the Ombudsman explaining why an investigation was not conducted or what alternative steps may have been taken to address the situation. If an investigation has been conducted, the child-serving agency shall report the results to the Ombudsman.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A10"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-441\/","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 2 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 2025, chapters 200<\/a> and 223<\/a>.<\/p>","references":[{"id":82383,"section_number":"2.2-438","catch_line":"Definitions","order_by":null,"url":"\/2.2-438\/"}],"refers_to":[{"id":60624,"section_number":"2.2-446","catch_line":"Confidentiality of record of Children's Ombudsman; disclosure; limitations; release of certain information","order_by":null,"url":"\/2.2-446\/"},{"id":60825,"section_number":"20-124.1","catch_line":"Definitions","order_by":null,"url":"\/20-124.1\/"},{"id":86098,"section_number":"63.2-1509","catch_line":"Requirement that certain injuries to children be reported by physicians, nurses, teachers, etc.; penalty for failure to report","order_by":null,"url":"\/63.2-1509\/"}],"permalink":{"id":172265,"object_type":"law","relational_id":55274,"identifier":"2.2-441","token":"2.2\/I\/A\/4.4\/2.2-441","url":"\/2.2-441\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-441\/","token":"2.2\/I\/A\/4.4\/2.2-441","dublin_core":{"Title":"Individuals making complaint to Children’s Ombudsman","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-441","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any of the following individuals may make a complaint to the Ombudsman<\/span> with respect to a particular child<\/span>, alleging that an administrative act<\/span> is contrary to law<\/span>, rule, or policy; imposed without an adequate statement of reason; or based on irrelevant, immaterial, or erroneous grounds: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The child<\/span>, if the child<\/span> is able to articulate a complaint, in accordance with the provisions of subsection A of § 2.2-446<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A biological parent of the child<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A foster parent of the child<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> An adoptive parent or a prospective adoptive parent of the child<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> A legally appointed guardian of the child<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> A guardian ad litem<\/span> for the child<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> A relative of the child<\/span> or any person with a legitimate interest as defined in § 20-124.1<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> A Virginia legislator; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> An individual required to report that a child is alleged to be an abused or neglected child<\/span> under § 63.2-1509<\/a>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> An attorney for any individual described in subdivisions 1 through 7. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any individual may submit a complaint to the Ombudsman<\/span>. The Ombudsman<\/span> has the sole discretion and authority to determine if a complaint falls within the Ombudsman<\/span>’s duties and powers to investigate and if a complaint involves an administrative act<\/span>. The Ombudsman<\/span> may initiate an investigation upon receipt of a complaint from an individual not meeting the definition of complainant<\/span>. An individual not meeting the definition of complainant<\/span> is not entitled to receive information under this chapter as if such individual is a complainant<\/span>. The individual is entitled to receive the recommendations of the Ombudsman<\/span> and the Department or local department<\/span>’s response to the recommendations of the Ombudsman<\/span> in accordance with state and federal law<\/span>. During the course of an investigation, the Ombudsman<\/span> may refer a case to a child-serving agency<\/span> if the Ombudsman<\/span> determines that such agency received a complaint on the case but did not conduct an investigation. If the Ombudsman<\/span> refers a case to a child-serving agency<\/span>, such agency shall conduct an investigation of the case or provide notice to the Ombudsman<\/span> explaining why an investigation was not conducted or what alternative steps may have been taken to address the situation. If an investigation has been conducted, the child-serving agency<\/span> shall report the results to the Ombudsman<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINDIVIDUALS MAKING COMPLAINT TO CHILDREN’S OMBUDSMAN (\u00a7 2.2-441)\n\nA. Any of the following individuals may make a complaint to the Ombudsman with\nrespect to a particular child, alleging that an administrative act is contrary\nto law, rule, or policy; imposed without an adequate statement of reason; or\nbased on irrelevant, immaterial, or erroneous grounds:\n\n 1. The child, if the child is able to articulate a complaint, in accordance\n with the provisions of subsection A of § 2.2-446;\n\n 2. A biological parent of the child;\n\n 3. A foster parent of the child;\n\n 4. An adoptive parent or a prospective adoptive parent of the child;\n\n 5. A legally appointed guardian of the child;\n\n 6. A guardian ad litem for the child;\n\n 7. A relative of the child or any person with a legitimate interest as defined\n in § 20-124.1;\n\n 8. A Virginia legislator;\n\n 9. An individual required to report that a child is alleged to be an abused or\n neglected child under § 63.2-1509; and\n\n 10. An attorney for any individual described in subdivisions 1 through 7.\n\nB. Any individual may submit a complaint to the Ombudsman. The Ombudsman has the\nsole discretion and authority to determine if a complaint falls within the\nOmbudsman’s duties and powers to investigate and if a complaint involves\nan administrative act. The Ombudsman may initiate an investigation upon receipt\nof a complaint from an individual not meeting the definition of complainant. An\nindividual not meeting the definition of complainant is not entitled to receive\ninformation under this chapter as if such individual is a complainant. The\nindividual is entitled to receive the recommendations of the Ombudsman and the\nDepartment or local department’s response to the recommendations of the\nOmbudsman in accordance with state and federal law. During the course of an\ninvestigation, the Ombudsman may refer a case to a child-serving agency if the\nOmbudsman determines that such agency received a complaint on the case but did\nnot conduct an investigation. If the Ombudsman refers a case to a child-serving\nagency, such agency shall conduct an investigation of the case or provide notice\nto the Ombudsman explaining why an investigation was not conducted or what\nalternative steps may have been taken to address the situation. If an\ninvestigation has been conducted, the child-serving agency shall report the\nresults to the Ombudsman.\n\nHISTORY: 2020, c. 1090; 2023, c. 750; 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}}