                                 CODE OF VIRGINIA

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 (§ 2.2-444)

A. Upon deciding to investigate a complaint from a complainant or an individual
not meeting the definition of complainant, the Ombudsman shall notify the
complainant or the individual not meeting the definition of complainant of the
decision to investigate and shall notify the Department or local department or
children&#8217;s residential facility, or child-placing agency of the intention
to investigate. If the Ombudsman declines to investigate a complaint or continue
an investigation, the Ombudsman shall notify the complainant or the individual
not meeting the definition of complainant and the Department or local
department, or children&#8217;s residential facility, or child-placing agency of
the decision and of the reasons for the Ombudsman&#8217;s action.

B. The Ombudsman shall advise a complainant of administrative remedies and may
advise the individual to pursue all administrative remedies or channels of
complaint open to the complainant before pursuing a complaint with the
Ombudsman. Subsequent to the administrative processing of a complaint, the
Ombudsman may conduct further investigations of a complaint upon the request of
the complainant or upon the Ombudsman&#8217;s own initiative.

C. If the Ombudsman finds in the course of an investigation that an
individual&#8217;s action is in violation of state or federal criminal law, the
Ombudsman shall immediately report that fact to the local attorney for the
Commonwealth or the Attorney General. If the complaint is against a
child-placing agency, the Ombudsman shall refer the matter to the Department or
local department for further action with respect to licensing or approval.

HISTORY: 2020, c. 1090; 2023, c. 750.