                                 CODE OF VIRGINIA

ABUSED OR NEGLECTED CHILDREN; CHILDREN RECEIVING CHILD-PROTECTIVE SERVICES, IN
FOSTER CARE, OR PLACED FOR ADOPTION; POWERS OF CHILDREN&#8217;S OMBUDSMAN; CHILD
FATALITY CASES; INVESTIGATION (§ 2.2-443)

A. The Ombudsman may do all of the following:

   1. Determine, in the Ombudsman&#8217;s sole discretion, if a complaint
   involves an administrative act.

   2. Decide, in the Ombudsman&#8217;s discretion, whether to investigate an
   administrative act.

   3. Upon the Ombudsman&#8217;s own initiative or upon receipt of a complaint
   and subject to an appropriation of funds, investigate an alleged violation of
   the rights of a foster parent.

   4. Except as otherwise provided in this subdivision, access records and
   reports necessary to carry out the Ombudsman&#8217;s powers and duties under
   this chapter to the same extent and in the same manner as provided to the
   Department. The Ombudsman shall be provided access to medical and mental
   health disorder records in the same manner as access is provided to the
   Department. The Ombudsman may request substance use disorder records if the
   Ombudsman obtains a valid consent or a court order under 42 C.F.R. Part 2. In
   the course of a child fatality investigation, the Ombudsman may access records
   from the court of jurisdiction, Attorney General, prosecuting attorney, or any
   attorney retained by the Department or local department and reports from a
   county child fatality review team to the same extent and in the same manner as
   provided to the Department or local department under state law.

   5. Request a subpoena from a court requiring the production of a record or
   report necessary to carry out the Ombudsman&#8217;s duties and powers,
   including a child fatality investigation. If the person to whom a subpoena is
   issued fails or refuses to produce the record or report, the Ombudsman may
   petition the court for enforcement of the subpoena.

   6. Hold informal hearings and request that individuals appear before the
   Ombudsman and give testimony or produce documentary or other evidence that the
   Ombudsman considers relevant to a matter under investigation.

   7. Make recommendations to the Governor and the General Assembly concerning
   the need for child protective services, adoption, or foster care legislation,
   policy, or practice without prior review by other offices, departments, or
   agencies in the executive branch in order to facilitate rapid implementation
   of recommendations or for suggested improvements to the recommendations. No
   other office, department, or agency shall prohibit the release of an
   Ombudsman&#8217;s recommendation to the Governor or the General Assembly.

B. The Ombudsman may investigate all child fatality cases that occurred or are
alleged to have occurred due to abuse or neglect of a child in the following
situations:

   1. A child died during an active child protective services investigation or
   open services case, or there was a valid or invalid child protective services
   complaint within 12 months immediately preceding the child&#8217;s death.

   2. A child died while in foster care, unless the death is determined to have
   resulted from natural causes and there were no prior child protective services
   or licensing complaints concerning the foster home.

   3. A child was returned home from foster care and there is an active foster
   care case.

   4. A foster care case involving the deceased child or sibling was closed
   within 24 months immediately preceding the child&#8217;s death.

C. Subject to state appropriations, an investigation under subsection B shall be
completed within 12 months after the Ombudsman opens a child fatality case for
investigation.

D. The Ombudsman is subject to the same standards for safeguarding the
confidentiality of information under this section and the same sanctions for
unauthorized release of information as the Department.

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