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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>57914</law_id><section_number>22.1-289.033</section_number><catch_line>Inspection of unlicensed child care operations; inspection warrant</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="22.1">Education</unit><unit label="chapter" level="2" order_by="1" identifier="14.1">Early Childhood Care and Education</unit><unit label="article" level="3" order_by="1" identifier="4">Unlicensed Programs</unit></structure><text>
						<section><p>In <span class="dictionary">order</span> to perform his duties under this chapter, the <span class="dictionary">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 <span class="dictionary">search warrants</span> for inspections of child care operations, based upon a <span class="dictionary">petition</span> demonstrating <span class="dictionary">probable cause</span> and supported by an <span class="dictionary">affidavit</span>, may be issued <span class="dictionary">ex parte</span> by any <span class="dictionary">judge</span> having authority to <span class="dictionary">issue</span> criminal warrants whose territorial <span class="dictionary">jurisdiction</span> includes the child care operation to be inspected, if he is satisfied from the <span class="dictionary">petition</span> and <span class="dictionary">affidavit</span> that there is reasonable and <span class="dictionary">probable cause</span> for the inspection. The <span class="dictionary">affidavit</span> shall contain either a statement that consent to inspect has been sought and refused, or that <span class="dictionary">facts</span> and circumstances exist reasonably justifying the failure to seek such consent. Such <span class="dictionary">facts</span> may include, without limitation, past refusals to permit inspection or <span class="dictionary">facts</span> establishing reason to believe that seeking consent would provide an opportunity to conceal violations of <span class="dictionary">statutes</span> or regulations. <span class="dictionary">Probable cause</span> may be demonstrated by an <span class="dictionary">affidavit</span> showing <span class="dictionary">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 &#xA7;&#xA0;<a class="law" title="Establishment of toll-free telephone line for complaints; investigation on receipt of complaints" href="/22.1-289.042/">22.1-289.042</a> shall have preeminent priority over any other inspections of child care operations to be made by the <span class="dictionary">Superintendent</span> unless the complaint on its face or in the context of information known to the <span class="dictionary">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 <span class="dictionary">judge</span> shall file the <span class="dictionary">affidavit</span> in the manner prescribed by &#xA7;&#xA0;<a class="law" title="Affidavit preliminary to issuance of search warrant; general search warrant prohibited; effect of failure to file affidavit" href="/19.2-54/">19.2-54</a>. Such warrant shall be executed and returned to the clerk of the <span class="dictionary">circuit</span> <span class="dictionary">court</span> of the city or county wherein the inspection was made.</p></section></text><history>2020, cc. 860, 861.</history><metadata></metadata></law>
