                                 CODE OF VIRGINIA

CONFIDENTIALITY OF RECORD OF CHILDREN&#8217;S OMBUDSMAN; DISCLOSURE;
LIMITATIONS; RELEASE OF CERTAIN INFORMATION (§ 2.2-446)

A. All statements, documentation, and other evidence received or maintained by
the Office or its agents in connection with complaints made to or investigations
undertaken pursuant to the Ombudsman&#8217;s powers enumerated in &#xA7; 2.2-442
shall be confidential and not subject to the Virginia Freedom of Information Act
(&#xA7; 2.2-3700 et seq.) and are not discoverable in legal proceedings. If the
Ombudsman identifies action or inaction by the state through its agencies or
services that failed to protect children, the Ombudsman shall provide any
findings and recommendations to the agency affected by those findings and to the
General Assembly upon request, and may provide those findings and
recommendations to the complainant, to the extent consistent with state or
federal law. The Ombudsman shall not disclose any information that impairs the
rights of the child or the child&#8217;s parents or guardians.
			If the child is the complainant, the Ombudsman need not gain the consent of
the Department or local department, the children&#8217;s residential facility,
the child-placing agency, or the foster parent or guardian of the child or other
person having custody or care of the child to receive information from or
communicate with the child.

B. Unless otherwise part of the public record, the Office shall not release any
of the following confidential information to the general public:

   1. Records relating to a mental health evaluation or treatment of a parent or
   child;

   2. Records relating to the evaluation or treatment of a substance
   abuse-related disorder of a parent or child;

   3. Records relating to a medical diagnosis or treatment of a parent or child;

   4. Records relating to domestic violence-related services and sexual assault
   services provided to a parent or child; or

   5. Records relating to educational services provided to a parent or child.

C. Notwithstanding subsection B, if the Ombudsman determines that disclosure of
confidential information is necessary to identify, prevent, or respond to the
abuse or neglect of a child, the Ombudsman may disclose such information to the
Department or local department, a court, a law-enforcement agency, or a
prosecuting attorney investigating a report of known or suspected abuse or
neglect of a child. The Ombudsman shall not release the address, telephone
number, or other information regarding the whereabouts of a victim or suspected
victim of domestic violence unless ordered to by a court.

D. Except as provided in subsection C, the Ombudsman shall not disclose
information relating to an ongoing law-enforcement investigation or an ongoing
child protective services investigation. The Ombudsman may release the results
of its investigation to a complainant, or an individual not meeting the
definition of complainant, if the Ombudsman receives notification of and
determines that releasing the results of its investigation is not related to and
will not interfere with an ongoing law-enforcement investigation or ongoing
child protective services investigation.

E. The Ombudsman shall not disclose the identity of an individual making a
complaint alleging that a child is an abused or neglected child unless that
individual&#8217;s written permission is obtained first or a court has ordered
the Ombudsman to release such information.

F. The Ombudsman may release an individual&#8217;s identity who makes an
intentionally false report alleging that a child is an abused or neglected
child, subject to other laws relating to such disclosure.

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