{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-443.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-443.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-443.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-443.html"}],"law_id":57255,"edition_id":1,"section_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","history":"2020, c. 1090; 2023, c. 750.","full_text":"A\n\nThe Ombudsman may do all of the following:1\n\nDetermine, in the Ombudsman’s sole discretion, if a complaint involves an administrative act.2\n\nDecide, in the Ombudsman’s discretion, whether to investigate an administrative act.3\n\nUpon the Ombudsman’s own initiative or upon receipt of a complaint and subject to an appropriation of funds, investigate an alleged violation of the rights of a foster parent.4\n\nExcept as otherwise provided in this subdivision, access records and reports necessary to carry out the Ombudsman’s powers and duties under this chapter to the same extent and in the same manner as provided to the Department. The Ombudsman shall be provided access to medical and mental health disorder records in the same manner as access is provided to the Department. The Ombudsman may request substance use disorder records if the Ombudsman obtains a valid consent or a court order under 42 C.F.R. Part 2. In the course of a child fatality investigation, the Ombudsman may access records from the court of jurisdiction, Attorney General, prosecuting attorney, or any attorney retained by the Department or local department and reports from a county child fatality review team to the same extent and in the same manner as provided to the Department or local department under state law.5\n\nRequest a subpoena from a court requiring the production of a record or report necessary to carry out the Ombudsman’s duties and powers, including a child fatality investigation. If the person to whom a subpoena is issued fails or refuses to produce the record or report, the Ombudsman may petition the court for enforcement of the subpoena.6\n\nHold informal hearings and request that individuals appear before the Ombudsman and give testimony or produce documentary or other evidence that the Ombudsman considers relevant to a matter under investigation.7\n\nMake recommendations to the Governor and the General Assembly concerning the need for child protective services, adoption, or foster care legislation, policy, or practice without prior review by other offices, departments, or agencies in the executive branch in order to facilitate rapid implementation of recommendations or for suggested improvements to the recommendations. No other office, department, or agency shall prohibit the release of an Ombudsman’s recommendation to the Governor or the General Assembly.B\n\nThe Ombudsman may investigate all child fatality cases that occurred or are alleged to have occurred due to abuse or neglect of a child in the following situations:1\n\nA child died during an active child protective services investigation or open services case, or there was a valid or invalid child protective services complaint within 12 months immediately preceding the child’s death.2\n\nA child died while in foster care, unless the death is determined to have resulted from natural causes and there were no prior child protective services or licensing complaints concerning the foster home.3\n\nA child was returned home from foster care and there is an active foster care case.4\n\nA foster care case involving the deceased child or sibling was closed within 24 months immediately preceding the child’s death.C\n\nSubject to state appropriations, an investigation under subsection B shall be completed within 12 months after the Ombudsman opens a child fatality case for investigation.D\n\nThe Ombudsman is subject to the same standards for safeguarding the confidentiality of information under this section and the same sanctions for unauthorized release of information as the Department.","order_by":null,"text":{"0":{"id":209741,"text":"The Ombudsman may do all of the following:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":209742,"text":"Determine, in the Ombudsman’s sole discretion, if a complaint involves an administrative act.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":209743,"text":"Decide, in the Ombudsman’s discretion, whether to investigate an administrative act.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":209744,"text":"Upon the Ombudsman’s own initiative or upon receipt of a complaint and subject to an appropriation of funds, investigate an alleged violation of the rights of a foster parent.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":209745,"text":"Except as otherwise provided in this subdivision, access records and reports necessary to carry out the Ombudsman’s powers and duties under this chapter to the same extent and in the same manner as provided to the Department. The Ombudsman shall be provided access to medical and mental health disorder records in the same manner as access is provided to the Department. The Ombudsman may request substance use disorder records if the Ombudsman obtains a valid consent or a court order under 42 C.F.R. Part 2. In the course of a child fatality investigation, the Ombudsman may access records from the court of jurisdiction, Attorney General, prosecuting attorney, or any attorney retained by the Department or local department and reports from a county child fatality review team to the same extent and in the same manner as provided to the Department or local department under state law.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":209746,"text":"Request a subpoena from a court requiring the production of a record or report necessary to carry out the Ombudsman’s duties and powers, including a child fatality investigation. If the person to whom a subpoena is issued fails or refuses to produce the record or report, the Ombudsman may petition the court for enforcement of the subpoena.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":209747,"text":"Hold informal hearings and request that individuals appear before the Ombudsman and give testimony or produce documentary or other evidence that the Ombudsman considers relevant to a matter under investigation.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":209748,"text":"Make recommendations to the Governor and the General Assembly concerning the need for child protective services, adoption, or foster care legislation, policy, or practice without prior review by other offices, departments, or agencies in the executive branch in order to facilitate rapid implementation of recommendations or for suggested improvements to the recommendations. No other office, department, or agency shall prohibit the release of an Ombudsman’s recommendation to the Governor or the General Assembly.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"B"},"8":{"id":209749,"text":"The Ombudsman may investigate all child fatality cases that occurred or are alleged to have occurred due to abuse or neglect of a child in the following situations:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A7","next_prefix":"B1"},"9":{"id":209750,"text":"A child died during an active child protective services investigation or open services case, or there was a valid or invalid child protective services complaint within 12 months immediately preceding the child’s death.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"10":{"id":209751,"text":"A child died while in foster care, unless the death is determined to have resulted from natural causes and there were no prior child protective services or licensing complaints concerning the foster home.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"11":{"id":209752,"text":"A child was returned home from foster care and there is an active foster care case.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"12":{"id":209753,"text":"A foster care case involving the deceased child or sibling was closed within 24 months immediately preceding the child’s death.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"13":{"id":209754,"text":"Subject to state appropriations, an investigation under subsection B shall be completed within 12 months after the Ombudsman opens a child fatality case for investigation.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4","next_prefix":"D"},"14":{"id":209755,"text":"The Ombudsman is subject to the same standards for safeguarding the confidentiality of information under this section and the same sanctions for unauthorized release of information as the Department.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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; 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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 1 time. 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. That modification is as follows: in 2023, chapter 750<\/a>.<\/p>","references":[{"id":71669,"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","order_by":null,"url":"\/2.2-447\/"}],"refers_to":false,"permalink":{"id":172273,"object_type":"law","relational_id":57255,"identifier":"2.2-443","token":"2.2\/I\/A\/4.4\/2.2-443","url":"\/2.2-443\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-443\/","token":"2.2\/I\/A\/4.4\/2.2-443","dublin_core":{"Title":"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","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-443","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Ombudsman<\/span> may do all of the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Determine, in the Ombudsman<\/span>’s sole discretion, if a complaint involves an administrative act<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Decide, in the Ombudsman<\/span>’s discretion, whether to investigate an administrative act<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Upon the Ombudsman<\/span>’s own initiative or upon receipt of a complaint and subject to an appropriation of funds, investigate an alleged violation of the rights of a foster parent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Except as otherwise provided in this subdivision, access records and reports necessary to carry out the Ombudsman<\/span>’s powers and duties under this chapter to the same extent and in the same manner as provided to the Department. The Ombudsman<\/span> shall be provided access to medical and mental health disorder records in the same manner as access is provided to the Department. The Ombudsman<\/span> may request substance use disorder records if the Ombudsman<\/span> obtains a valid consent or a court order<\/span> under 42 C.F.R. Part 2. In the course of a child<\/span> fatality investigation, the Ombudsman<\/span> may access records from the court of jurisdiction<\/span>, Attorney General<\/span>, prosecuting attorney, or any attorney retained by the Department or local department<\/span> and reports from a county child<\/span> fatality review team to the same extent and in the same manner as provided to the Department or local department<\/span> under state law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Request a subpoena<\/span> from a court requiring the production of a record or report necessary to carry out the Ombudsman<\/span>’s duties and powers, including a child<\/span> fatality investigation. If the person to whom a subpoena<\/span> is issued fails or refuses to produce the record or report, the Ombudsman<\/span> may petition<\/span> the court for enforcement of the subpoena<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Hold informal hearings<\/span> and request that individuals appear before the Ombudsman<\/span> and give testimony<\/span> or produce documentary or other evidence<\/span> that the Ombudsman<\/span> considers relevant to a matter under investigation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Make recommendations to the Governor and the General Assembly concerning the need for child<\/span> protective services, adoption, or foster care<\/span> legislation, policy, or practice without prior review by other offices<\/span>, departments<\/span>, or agencies in the executive branch in order to facilitate rapid implementation of recommendations or for suggested improvements to the recommendations. No other office<\/span>, department, or agency shall prohibit the release of an Ombudsman<\/span>’s recommendation to the Governor or the General Assembly. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Ombudsman<\/span> may investigate all child<\/span> fatality cases that occurred or are alleged to have occurred due to abuse or neglect of a child<\/span> in the following situations: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A child<\/span> died during an active child<\/span> protective services investigation or open services case, or there was a valid or invalid child<\/span> protective services complaint within 12 months immediately preceding the child<\/span>’s death. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A child<\/span> died while in foster care<\/span>, unless the death is determined to have resulted from natural causes and there were no prior child<\/span> protective services or licensing complaints concerning the foster home. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A child<\/span> was returned home from foster care<\/span> and there is an active foster care<\/span> case. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A foster care<\/span> case involving the deceased child<\/span> or sibling was closed within 24 months immediately preceding the child<\/span>’s death. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Subject to state appropriations, an investigation under subsection B shall be completed within 12 months after the Ombudsman<\/span> opens a child<\/span> fatality case for investigation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Ombudsman<\/span> is subject to the same standards for safeguarding the confidentiality of information under this section and the same sanctions<\/span> for unauthorized release of information as the Department. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nABUSED OR NEGLECTED CHILDREN; CHILDREN RECEIVING CHILD-PROTECTIVE SERVICES, IN\nFOSTER CARE, OR PLACED FOR ADOPTION; POWERS OF CHILDREN’S OMBUDSMAN; CHILD\nFATALITY CASES; INVESTIGATION (\u00a7 2.2-443)\n\nA. The Ombudsman may do all of the following:\n\n 1. Determine, in the Ombudsman’s sole discretion, if a complaint\n involves an administrative act.\n\n 2. Decide, in the Ombudsman’s discretion, whether to investigate an\n administrative act.\n\n 3. Upon the Ombudsman’s own initiative or upon receipt of a complaint\n and subject to an appropriation of funds, investigate an alleged violation of\n the rights of a foster parent.\n\n 4. Except as otherwise provided in this subdivision, access records and\n reports necessary to carry out the Ombudsman’s powers and duties under\n this chapter to the same extent and in the same manner as provided to the\n Department. The Ombudsman shall be provided access to medical and mental\n health disorder records in the same manner as access is provided to the\n Department. The Ombudsman may request substance use disorder records if the\n Ombudsman obtains a valid consent or a court order under 42 C.F.R. Part 2. In\n the course of a child fatality investigation, the Ombudsman may access records\n from the court of jurisdiction, Attorney General, prosecuting attorney, or any\n attorney retained by the Department or local department and reports from a\n county child fatality review team to the same extent and in the same manner as\n provided to the Department or local department under state law.\n\n 5. Request a subpoena from a court requiring the production of a record or\n report necessary to carry out the Ombudsman’s duties and powers,\n including a child fatality investigation. If the person to whom a subpoena is\n issued fails or refuses to produce the record or report, the Ombudsman may\n petition the court for enforcement of the subpoena.\n\n 6. Hold informal hearings and request that individuals appear before the\n Ombudsman and give testimony or produce documentary or other evidence that the\n Ombudsman considers relevant to a matter under investigation.\n\n 7. Make recommendations to the Governor and the General Assembly concerning\n the need for child protective services, adoption, or foster care legislation,\n policy, or practice without prior review by other offices, departments, or\n agencies in the executive branch in order to facilitate rapid implementation\n of recommendations or for suggested improvements to the recommendations. No\n other office, department, or agency shall prohibit the release of an\n Ombudsman’s recommendation to the Governor or the General Assembly.\n\nB. The Ombudsman may investigate all child fatality cases that occurred or are\nalleged to have occurred due to abuse or neglect of a child in the following\nsituations:\n\n 1. A child died during an active child protective services investigation or\n open services case, or there was a valid or invalid child protective services\n complaint within 12 months immediately preceding the child’s death.\n\n 2. A child died while in foster care, unless the death is determined to have\n resulted from natural causes and there were no prior child protective services\n or licensing complaints concerning the foster home.\n\n 3. A child was returned home from foster care and there is an active foster\n care case.\n\n 4. A foster care case involving the deceased child or sibling was closed\n within 24 months immediately preceding the child’s death.\n\nC. Subject to state appropriations, an investigation under subsection B shall be\ncompleted within 12 months after the Ombudsman opens a child fatality case for\ninvestigation.\n\nD. The Ombudsman is subject to the same standards for safeguarding the\nconfidentiality of information under this section and the same sanctions for\nunauthorized release of information as the Department.\n\nHISTORY: 2020, c. 1090; 2023, c. 750.","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}}