                                 CODE OF VIRGINIA

INDIVIDUALS MAKING COMPLAINT TO CHILDREN&#8217;S OMBUDSMAN (§ 2.2-441)

A. Any of the following individuals may make a complaint to the Ombudsman with
respect to a particular child, alleging that an administrative act is contrary
to law, rule, or policy; imposed without an adequate statement of reason; or
based on irrelevant, immaterial, or erroneous grounds:

   1. The child, if the child is able to articulate a complaint, in accordance
   with the provisions of subsection A of &#xA7; 2.2-446;

   2. A biological parent of the child;

   3. A foster parent of the child;

   4. An adoptive parent or a prospective adoptive parent of the child;

   5. A legally appointed guardian of the child;

   6. A guardian ad litem for the child;

   7. A relative of the child or any person with a legitimate interest as defined
   in &#xA7; 20-124.1;

   8. A Virginia legislator;

   9. An individual required to report that a child is alleged to be an abused or
   neglected child under &#xA7; 63.2-1509; and

   10. An attorney for any individual described in subdivisions 1 through 7.

B. Any individual may submit a complaint to the Ombudsman. The Ombudsman has the
sole discretion and authority to determine if a complaint falls within the
Ombudsman&#8217;s duties and powers to investigate and if a complaint involves
an administrative act. The Ombudsman may initiate an investigation upon receipt
of a complaint from an individual not meeting the definition of complainant. An
individual not meeting the definition of complainant is not entitled to receive
information under this chapter as if such individual is a complainant. The
individual is entitled to receive the recommendations of the Ombudsman and the
Department or local department&#8217;s response to the recommendations of the
Ombudsman in accordance with state and federal law. During the course of an
investigation, the Ombudsman may refer a case to a child-serving agency if the
Ombudsman determines that such agency received a complaint on the case but did
not conduct an investigation. If the Ombudsman refers a case to a child-serving
agency, such agency shall conduct an investigation of the case or provide notice
to the Ombudsman explaining why an investigation was not conducted or what
alternative steps may have been taken to address the situation. If an
investigation has been conducted, the child-serving agency shall report the
results to the Ombudsman.

HISTORY: 2020, c. 1090; 2023, c. 750; 2025, cc. 200, 223.