{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-289.033.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-289.033.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-289.033.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-289.033.html"}],"law_id":57914,"edition_id":1,"section_id":57914,"structure_id":13637,"section_number":"22.1-289.033","catch_line":"Inspection of unlicensed child care operations; inspection warrant","history":"2020, cc. 860, 861.","full_text":"In order to perform his duties under this chapter, the Superintendent may enter and inspect any unlicensed child care operation with the consent of the owner or person in charge, or pursuant to a warrant. Administrative search warrants for inspections of child care operations, based upon a petition demonstrating probable cause and supported by an affidavit, may be issued ex parte by any judge having authority to issue criminal warrants whose territorial jurisdiction includes the child care operation to be inspected, if he is satisfied from the petition and affidavit that there is reasonable and probable cause for the inspection. The affidavit shall contain either a statement that consent to inspect has been sought and refused, or that facts and circumstances exist reasonably justifying the failure to seek such consent. Such facts may include, without limitation, past refusals to permit inspection or facts establishing reason to believe that seeking consent would provide an opportunity to conceal violations of statutes or regulations. Probable cause may be demonstrated by an affidavit showing probable cause to believe that the child care operation is in violation of any provision of this chapter or any regulation adopted pursuant to this chapter, or upon a showing that the inspection is to be made pursuant to a reasonable administrative plan for the administration of this chapter. The inspection of a child care operation that has been the subject of a complaint pursuant to \u00a7 22.1-289.042 shall have preeminent priority over any other inspections of child care operations to be made by the Superintendent unless the complaint on its face or in the context of information known to the Superintendent discloses that the complaint has been brought to harass, to retaliate, or otherwise to achieve an improper purpose, and that the improper purpose casts serious doubt on the veracity of the complaint. After issuing a warrant under this section, the judge shall file the affidavit in the manner prescribed by \u00a7 19.2-54. Such warrant shall be executed and returned to the clerk of the circuit court of the city or county wherein the inspection was made.","order_by":null,"text":{"0":{"id":212136,"text":"In order to perform his duties under this chapter, the Superintendent may enter and inspect any unlicensed child care operation with the consent of the owner or person in charge, or pursuant to a warrant. Administrative search warrants for inspections of child care operations, based upon a petition demonstrating probable cause and supported by an affidavit, may be issued ex parte by any judge having authority to issue criminal warrants whose territorial jurisdiction includes the child care operation to be inspected, if he is satisfied from the petition and affidavit that there is reasonable and probable cause for the inspection. The affidavit shall contain either a statement that consent to inspect has been sought and refused, or that facts and circumstances exist reasonably justifying the failure to seek such consent. Such facts may include, without limitation, past refusals to permit inspection or facts establishing reason to believe that seeking consent would provide an opportunity to conceal violations of statutes or regulations. Probable cause may be demonstrated by an affidavit showing probable cause to believe that the child care operation is in violation of any provision of this chapter or any regulation adopted pursuant to this chapter, or upon a showing that the inspection is to be made pursuant to a reasonable administrative plan for the administration of this chapter. The inspection of a child care operation that has been the subject of a complaint pursuant to \u00a7 22.1-289.042 shall have preeminent priority over any other inspections of child care operations to be made by the Superintendent unless the complaint on its face or in the context of information known to the Superintendent discloses that the complaint has been brought to harass, to retaliate, or otherwise to achieve an improper purpose, and that the improper purpose casts serious doubt on the veracity of the complaint. After issuing a warrant under this section, the judge shall file the affidavit in the manner prescribed by \u00a7 19.2-54. Such warrant shall be executed and returned to the clerk of the circuit court of the city or county wherein the inspection was made.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13637,"edition_id":1,"name":"Unlicensed Programs","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":13624,"metadata":{},"date_created":"2026-06-26 03:45:26","date_modified":"2026-06-26 03:45:26","permalink":{"id":182737,"object_type":"structure","relational_id":13637,"identifier":"4","token":"22.1\/14.1\/4","url":"\/22.1\/14.1\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13624,"edition_id":1,"name":"Early Childhood Care and Education","identifier":"14.1","label":"chapter","depth":2,"order_by":1,"parent_id":12823,"metadata":{},"date_created":"2026-06-26 03:45:24","date_modified":"2026-06-26 03:45:24","permalink":{"id":182605,"object_type":"structure","relational_id":13624,"identifier":"14.1","token":"22.1\/14.1","url":"\/22.1\/14.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12823,"edition_id":1,"name":"Education","identifier":"22.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":180949,"object_type":"structure","relational_id":12823,"identifier":"22.1","token":"22.1","url":"\/22.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":54607,"structure_id":13637,"section_number":"22.1-289.030","catch_line":"Exemptions from licensure","url":"\/22.1-289.030\/","token":"22.1\/14.1\/4\/22.1-289.030","metadata":false},{"id":77926,"structure_id":13637,"section_number":"22.1-289.031","catch_line":"Child day center operated by religious institution exempt from licensure; annual statement and documentary evidence required; enforcement; injunctive relief","url":"\/22.1-289.031\/","token":"22.1\/14.1\/4\/22.1-289.031","metadata":false},{"id":74230,"structure_id":13637,"section_number":"22.1-289.032","catch_line":"Certification of preschool or nursery school programs operated by accredited private schools; provisional certification; annual statement and documentary evidence required; enforcement; injunctive relief","url":"\/22.1-289.032\/","token":"22.1\/14.1\/4\/22.1-289.032","metadata":false},{"id":57914,"structure_id":13637,"section_number":"22.1-289.033","catch_line":"Inspection of unlicensed child care operations; inspection warrant","url":"\/22.1-289.033\/","token":"22.1\/14.1\/4\/22.1-289.033","metadata":false}],"previous_section":{"id":74230,"structure_id":13637,"section_number":"22.1-289.032","catch_line":"Certification of preschool or nursery school programs operated by accredited private schools; provisional certification; annual statement and documentary evidence required; enforcement; injunctive relief","url":"\/22.1-289.032\/","token":"22.1\/14.1\/4\/22.1-289.032","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-289.033\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapters 860<\/a> and 861<\/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.<\/p>","references":false,"refers_to":[{"id":78769,"section_number":"19.2-54","catch_line":"Affidavit preliminary to issuance of search warrant; general search warrant prohibited; effect of failure to file affidavit","order_by":null,"url":"\/19.2-54\/"},{"id":67551,"section_number":"22.1-289.042","catch_line":"Establishment of toll-free telephone line for complaints; investigation on receipt of complaints","order_by":null,"url":"\/22.1-289.042\/"}],"permalink":{"id":182751,"object_type":"law","relational_id":57914,"identifier":"22.1-289.033","token":"22.1\/14.1\/4\/22.1-289.033","url":"\/22.1-289.033\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-289.033\/","token":"22.1\/14.1\/4\/22.1-289.033","dublin_core":{"Title":"Inspection of unlicensed child care operations; inspection warrant","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-289.033","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In order<\/span> to perform his duties under this chapter, the Superintendent<\/span> may enter and inspect any unlicensed child care operation with the consent of the owner or person in charge, or pursuant to a warrant. Administrative search warrants<\/span> for inspections of child care operations, based upon a petition<\/span> demonstrating probable cause<\/span> and supported by an affidavit<\/span>, may be issued ex parte<\/span> by any judge<\/span> having authority to issue<\/span> criminal warrants whose territorial jurisdiction<\/span> includes the child care operation to be inspected, if he is satisfied from the petition<\/span> and affidavit<\/span> that there is reasonable and probable cause<\/span> for the inspection. The affidavit<\/span> shall contain either a statement that consent to inspect has been sought and refused, or that facts<\/span> and circumstances exist reasonably justifying the failure to seek such consent. Such facts<\/span> may include, without limitation, past refusals to permit inspection or facts<\/span> establishing reason to believe that seeking consent would provide an opportunity to conceal violations of statutes<\/span> or regulations. Probable cause<\/span> may be demonstrated by an affidavit<\/span> showing probable cause<\/span> to believe that the child care operation is in violation of any provision of this chapter or any regulation adopted pursuant to this chapter, or upon a showing that the inspection is to be made pursuant to a reasonable administrative plan for the administration of this chapter. The inspection of a child care operation that has been the subject of a complaint pursuant to \u00a7 22.1-289.042<\/a> shall have preeminent priority over any other inspections of child care operations to be made by the Superintendent<\/span> unless the complaint on its face or in the context of information known to the Superintendent<\/span> discloses that the complaint has been brought to harass, to retaliate, or otherwise to achieve an improper purpose, and that the improper purpose casts serious doubt on the veracity of the complaint. After issuing a warrant under this section, the judge<\/span> shall file the affidavit<\/span> in the manner prescribed by \u00a7 19.2-54<\/a>. Such warrant shall be executed and returned to the clerk of the circuit<\/span> court<\/span> of the city or county wherein the inspection was made.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINSPECTION OF UNLICENSED CHILD CARE OPERATIONS; INSPECTION WARRANT (\u00a7\n22.1-289.033)\n\nIn order to perform his duties under this chapter, the Superintendent may enter\nand inspect any unlicensed child care operation with the consent of the owner or\nperson in charge, or pursuant to a warrant. Administrative search warrants for\ninspections of child care operations, based upon a petition demonstrating\nprobable cause and supported by an affidavit, may be issued ex parte by any\njudge having authority to issue criminal warrants whose territorial jurisdiction\nincludes the child care operation to be inspected, if he is satisfied from the\npetition and affidavit that there is reasonable and probable cause for the\ninspection. The affidavit shall contain either a statement that consent to\ninspect has been sought and refused, or that facts and circumstances exist\nreasonably justifying the failure to seek such consent. Such facts may include,\nwithout limitation, past refusals to permit inspection or facts establishing\nreason to believe that seeking consent would provide an opportunity to conceal\nviolations of statutes or regulations. Probable cause may be demonstrated by an\naffidavit showing probable cause to believe that the child care operation is in\nviolation of any provision of this chapter or any regulation adopted pursuant to\nthis chapter, or upon a showing that the inspection is to be made pursuant to a\nreasonable administrative plan for the administration of this chapter. The\ninspection of a child care operation that has been the subject of a complaint\npursuant to \u00a7 22.1-289.042 shall have preeminent priority over any other\ninspections of child care operations to be made by the Superintendent unless the\ncomplaint on its face or in the context of information known to the\nSuperintendent discloses that the complaint has been brought to harass, to\nretaliate, or otherwise to achieve an improper purpose, and that the improper\npurpose casts serious doubt on the veracity of the complaint. After issuing a\nwarrant under this section, the judge shall file the affidavit in the manner\nprescribed by \u00a7 19.2-54. Such warrant shall be executed and returned to the\nclerk of the circuit court of the city or county wherein the inspection was\nmade.\n\nHISTORY: 2020, cc. 860, 861.","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}}