{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-446.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-446.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-446.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-446.html"}],"law_id":60624,"edition_id":1,"section_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","history":"2020, c. 1090; 2023, c. 750; 2025, cc. 200, 223.","full_text":"A\n\nAll statements, documentation, and other evidence received or maintained by the Office or its agents in connection with complaints made to or investigations undertaken pursuant to the Ombudsman’s powers enumerated in § 2.2-442 shall be confidential and not subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) and are not discoverable in legal proceedings. If the Ombudsman identifies action or inaction by the state through its agencies or services that failed to protect children, the Ombudsman shall provide any findings and recommendations to the agency affected by those findings and to the General Assembly upon request, and may provide those findings and recommendations to the complainant, to the extent consistent with state or federal law. The Ombudsman shall not disclose any information that impairs the rights of the child or the child’s parents or guardians.\n\t\t\tIf the child is the complainant, the Ombudsman need not gain the consent of the Department or local department, the children’s residential facility, the child-placing agency, or the foster parent or guardian of the child or other person having custody or care of the child to receive information from or communicate with the child.B\n\nUnless otherwise part of the public record, the Office shall not release any of the following confidential information to the general public:1\n\nRecords relating to a mental health evaluation or treatment of a parent or child;2\n\nRecords relating to the evaluation or treatment of a substance abuse-related disorder of a parent or child;3\n\nRecords relating to a medical diagnosis or treatment of a parent or child;4\n\nRecords relating to domestic violence-related services and sexual assault services provided to a parent or child; or5\n\nRecords relating to educational services provided to a parent or child.C\n\nNotwithstanding subsection B, if the Ombudsman determines that disclosure of confidential information is necessary to identify, prevent, or respond to the abuse or neglect of a child, the Ombudsman may disclose such information to the Department or local department, a court, a law-enforcement agency, or a prosecuting attorney investigating a report of known or suspected abuse or neglect of a child. The Ombudsman shall not release the address, telephone number, or other information regarding the whereabouts of a victim or suspected victim of domestic violence unless ordered to by a court.D\n\nExcept as provided in subsection C, the Ombudsman shall not disclose information relating to an ongoing law-enforcement investigation or an ongoing child protective services investigation. The Ombudsman may release the results of its investigation to a complainant, or an individual not meeting the definition of complainant, if the Ombudsman receives notification of and determines that releasing the results of its investigation is not related to and will not interfere with an ongoing law-enforcement investigation or ongoing child protective services investigation.E\n\nThe Ombudsman shall not disclose the identity of an individual making a complaint alleging that a child is an abused or neglected child unless that individual’s written permission is obtained first or a court has ordered the Ombudsman to release such information.F\n\nThe Ombudsman may release an individual’s identity who makes an intentionally false report alleging that a child is an abused or neglected child, subject to other laws relating to such disclosure.","order_by":null,"text":{"0":{"id":221573,"text":"All statements, documentation, and other evidence received or maintained by the Office or its agents in connection with complaints made to or investigations undertaken pursuant to the Ombudsman’s powers enumerated in § 2.2-442 shall be confidential and not subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) and are not discoverable in legal proceedings. If the Ombudsman identifies action or inaction by the state through its agencies or services that failed to protect children, the Ombudsman shall provide any findings and recommendations to the agency affected by those findings and to the General Assembly upon request, and may provide those findings and recommendations to the complainant, to the extent consistent with state or federal law. The Ombudsman shall not disclose any information that impairs the rights of the child or the child’s parents or guardians.\n\t\t\tIf the child is the complainant, the Ombudsman need not gain the consent of the Department or local department, the children’s residential facility, the child-placing agency, or the foster parent or guardian of the child or other person having custody or care of the child to receive information from or communicate with the child.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":221574,"text":"Unless otherwise part of the public record, the Office shall not release any of the following confidential information to the general public:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":221575,"text":"Records relating to a mental health evaluation or treatment of a parent or child;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":221576,"text":"Records relating to the evaluation or treatment of a substance abuse-related disorder of a parent or child;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":221577,"text":"Records relating to a medical diagnosis or treatment of a parent or child;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":221578,"text":"Records relating to domestic violence-related services and sexual assault services provided to a parent or child; or","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":221579,"text":"Records relating to educational services provided to a parent or child.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"C"},"7":{"id":221580,"text":"Notwithstanding subsection B, if the Ombudsman determines that disclosure of confidential information is necessary to identify, prevent, or respond to the abuse or neglect of a child, the Ombudsman may disclose such information to the Department or local department, a court, a law-enforcement agency, or a prosecuting attorney investigating a report of known or suspected abuse or neglect of a child. The Ombudsman shall not release the address, telephone number, or other information regarding the whereabouts of a victim or suspected victim of domestic violence unless ordered to by a court.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B5","next_prefix":"D"},"8":{"id":221581,"text":"Except as provided in subsection C, the Ombudsman shall not disclose information relating to an ongoing law-enforcement investigation or an ongoing child protective services investigation. The Ombudsman may release the results of its investigation to a complainant, or an individual not meeting the definition of complainant, if the Ombudsman receives notification of and determines that releasing the results of its investigation is not related to and will not interfere with an ongoing law-enforcement investigation or ongoing child protective services investigation.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"9":{"id":221582,"text":"The Ombudsman shall not disclose the identity of an individual making a complaint alleging that a child is an abused or neglected child unless that individual’s written permission is obtained first or a court has ordered the Ombudsman to release such information.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"10":{"id":221583,"text":"The Ombudsman may release an individual’s identity who makes an intentionally false report alleging that a child is an abused or neglected child, subject to other laws relating to such disclosure.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-446\/","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":55274,"section_number":"2.2-441","catch_line":"Individuals making complaint to Children's Ombudsman","order_by":null,"url":"\/2.2-441\/"}],"refers_to":[{"id":55569,"section_number":"2.2-3700","catch_line":"Short title; policy","order_by":null,"url":"\/2.2-3700\/"},{"id":56251,"section_number":"2.2-442","catch_line":"Children's Ombudsman; powers and duties","order_by":null,"url":"\/2.2-442\/"}],"permalink":{"id":172285,"object_type":"law","relational_id":60624,"identifier":"2.2-446","token":"2.2\/I\/A\/4.4\/2.2-446","url":"\/2.2-446\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-446\/","token":"2.2\/I\/A\/4.4\/2.2-446","dublin_core":{"Title":"Confidentiality of record of Children’s Ombudsman; disclosure; limitations; release of certain information","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-446","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> All statements, documentation, and other evidence<\/span> received or maintained by the Office<\/span> or its agents in connection with complaints made to or investigations undertaken pursuant to the Ombudsman<\/span>’s powers enumerated in § 2.2-442<\/a> shall be confidential and not subject to the Virginia Freedom of Information Act (§ 2.2-3700<\/a> et seq.) and are not discoverable in legal proceedings. If the Ombudsman<\/span> identifies action or inaction by the state through its agencies or services that failed to protect children, the Ombudsman<\/span> shall provide any findings<\/span> and recommendations to the agency affected by those findings<\/span> and to the General Assembly upon request, and may provide those findings<\/span> and recommendations to the complainant<\/span>, to the extent consistent with state or federal law<\/span>. The Ombudsman<\/span> shall not disclose any information that impairs the rights of the child<\/span> or the child<\/span>’s parents or guardians.\n\t\t\tIf the child<\/span> is the complainant<\/span>, the Ombudsman<\/span> need not gain the consent of the Department or local department<\/span>, the children’s residential facility, the child<\/span>-placing agency<\/span>, or the foster parent or guardian of the child<\/span> or other person having custody<\/span> or care of the child<\/span> to receive information from or communicate with the child<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Unless otherwise part of the public record, the Office<\/span> shall not release any of the following confidential information to the general public: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Records relating to a mental health evaluation or treatment of a parent or child<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Records relating to the evaluation or treatment of a substance abuse-related disorder of a parent or child<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Records relating to a medical diagnosis or treatment of a parent or child<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Records relating to domestic violence-related services and sexual assault<\/span> services provided to a parent or child<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Records relating to educational services provided to a parent or child<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding subsection B, if the Ombudsman<\/span> determines that disclosure of confidential information is necessary to identify, prevent, or respond to the abuse or neglect of a child<\/span>, the Ombudsman<\/span> may disclose such information to the Department or local department<\/span>, a court<\/span>, a law<\/span>-enforcement agency<\/span>, or a prosecuting attorney investigating a report of known or suspected abuse or neglect of a child<\/span>. The Ombudsman<\/span> shall not release the address, telephone number, or other information regarding the whereabouts of a victim or suspected victim of domestic violence unless ordered to by a court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Except as provided in subsection C, the Ombudsman<\/span> shall not disclose information relating to an ongoing law<\/span>-enforcement investigation or an ongoing child<\/span> protective services investigation. The Ombudsman<\/span> may release the results of its investigation to a complainant<\/span>, or an individual not meeting the definition of complainant<\/span>, if the Ombudsman<\/span> receives notification of and determines that releasing the results of its investigation is not related to and will not interfere with an ongoing law<\/span>-enforcement investigation or ongoing child<\/span> protective services investigation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Ombudsman<\/span> shall not disclose the identity of an individual making a complaint alleging that a child is an abused or neglected child<\/span> unless that individual’s written permission is obtained first or a court<\/span> has ordered the Ombudsman<\/span> to release such information. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Ombudsman<\/span> may release an individual’s identity who makes an intentionally false report alleging that a child is an abused or neglected child<\/span>, subject to other laws<\/span> relating to such disclosure. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONFIDENTIALITY OF RECORD OF CHILDREN’S OMBUDSMAN; DISCLOSURE;\nLIMITATIONS; RELEASE OF CERTAIN INFORMATION (\u00a7 2.2-446)\n\nA. All statements, documentation, and other evidence received or maintained by\nthe Office or its agents in connection with complaints made to or investigations\nundertaken pursuant to the Ombudsman’s powers enumerated in § 2.2-442\nshall be confidential and not subject to the Virginia Freedom of Information Act\n(§ 2.2-3700 et seq.) and are not discoverable in legal proceedings. If the\nOmbudsman identifies action or inaction by the state through its agencies or\nservices that failed to protect children, the Ombudsman shall provide any\nfindings and recommendations to the agency affected by those findings and to the\nGeneral Assembly upon request, and may provide those findings and\nrecommendations to the complainant, to the extent consistent with state or\nfederal law. The Ombudsman shall not disclose any information that impairs the\nrights of the child or the child’s parents or guardians.\n\t\t\tIf the child is the complainant, the Ombudsman need not gain the consent of\nthe Department or local department, the children’s residential facility,\nthe child-placing agency, or the foster parent or guardian of the child or other\nperson having custody or care of the child to receive information from or\ncommunicate with the child.\n\nB. Unless otherwise part of the public record, the Office shall not release any\nof the following confidential information to the general public:\n\n 1. Records relating to a mental health evaluation or treatment of a parent or\n child;\n\n 2. Records relating to the evaluation or treatment of a substance\n abuse-related disorder of a parent or child;\n\n 3. Records relating to a medical diagnosis or treatment of a parent or child;\n\n 4. Records relating to domestic violence-related services and sexual assault\n services provided to a parent or child; or\n\n 5. Records relating to educational services provided to a parent or child.\n\nC. Notwithstanding subsection B, if the Ombudsman determines that disclosure of\nconfidential information is necessary to identify, prevent, or respond to the\nabuse or neglect of a child, the Ombudsman may disclose such information to the\nDepartment or local department, a court, a law-enforcement agency, or a\nprosecuting attorney investigating a report of known or suspected abuse or\nneglect of a child. The Ombudsman shall not release the address, telephone\nnumber, or other information regarding the whereabouts of a victim or suspected\nvictim of domestic violence unless ordered to by a court.\n\nD. Except as provided in subsection C, the Ombudsman shall not disclose\ninformation relating to an ongoing law-enforcement investigation or an ongoing\nchild protective services investigation. The Ombudsman may release the results\nof its investigation to a complainant, or an individual not meeting the\ndefinition of complainant, if the Ombudsman receives notification of and\ndetermines that releasing the results of its investigation is not related to and\nwill not interfere with an ongoing law-enforcement investigation or ongoing\nchild protective services investigation.\n\nE. The Ombudsman shall not disclose the identity of an individual making a\ncomplaint alleging that a child is an abused or neglected child unless that\nindividual’s written permission is obtained first or a court has ordered\nthe Ombudsman to release such information.\n\nF. The Ombudsman may release an individual’s identity who makes an\nintentionally false report alleging that a child is an abused or neglected\nchild, subject to other laws relating to such disclosure.\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}}