                                 CODE OF VIRGINIA

REPORT OF FINDINGS; RECOMMENDATIONS; CONSULTATION WITH INDIVIDUAL, DEPARTMENT,
LOCAL DEPARTMENT, CHILDREN&#8217;S RESIDENTIAL FACILITY, OR CHILD-PLACING
AGENCY; PUBLICATION OF ADVERSE REPORT; NOTICE OF ACTIONS; INFORMATION PROVIDED
TO COMPLAINANT; CHILD FATALITY INVESTIGATION; REPORT (§ 2.2-447)

A. The Ombudsman shall prepare a report of the factual findings of an
investigation and make recommendations to the Department, local department,
children&#8217;s residential facility, or child-placing agency if the Ombudsman
finds any of the following:

   1. A matter should be further considered by the Department, local department,
   children&#8217;s residential facility, or child-placing agency.

   2. An administrative act or omission should be modified, canceled, or
   corrected.

   3. Reasons should be given for an administrative act or omission.

   4. Other action should be taken by the Department, local department,
   children&#8217;s residential facility, or child-placing agency.

B. At least 30 calendar days before publishing a report that is adverse to the
Department, the local department, a children&#8217;s residential facility, a
child-placing agency, or the individual that is or was the subject of an
investigation by the Ombudsman, the Ombudsman shall inform the Department, the
local department, the children&#8217;s residential facility, the child-placing
agency, or the individual. When publishing a report adverse to the Department,
local department, children&#8217;s residential facility, child-placing agency,
or individual, the Ombudsman shall include in the publication any statement of
reasonable length made to the Ombudsman by the Department, local department,
children&#8217;s residential facility, child-placing agency, or individual in
defense or mitigation of the action. The Ombudsman may request to be notified by
the Department, local department, children&#8217;s residential facility,
child-placing agency, or individual, within a specified time, of any action
taken on any recommendation presented.

C. The Ombudsman shall notify the complainant of the actions taken by the
Ombudsman and by the Department, local department, children&#8217;s residential
facility, or child-placing agency.

D. The Ombudsman may provide to the complainant the following information:

   1. A copy of the Ombudsman&#8217;s report regarding the investigation&#8217;s
   findings, recommendations to the Department or local department made according
   to the investigation, the Department or local department&#8217;s response to
   the Ombudsman&#8217;s findings and recommendations, and any epilogue to the
   Ombudsman&#8217;s report and the Department or local department&#8217;s
   response; or

   2. Information that has otherwise been made public.

E. The Ombudsman shall not release information to the individual making the
complaint if doing so could endanger the health or welfare of a child or another
individual.

F. With respect to a child fatality case investigated under subsection B of
&#xA7; 2.2-443 and upon review of records or other information received under
subdivision A 3 or 4 of &#xA7; 2.2-443 in the course of a child fatality
investigation, if there is no ongoing child protection proceeding involving a
sibling of the child who died, the Ombudsman shall provide any necessary
recommendations for improving systemic issues that are discovered during the
investigation of the child fatality. The recommendations may be provided to the
court of jurisdiction, the state court administrative office, the county child
fatality review team, medical professionals, or attorneys or other legal
professionals involved with the particular child who died. The recommendations
shall also be summarized and included in the annual report referenced in
subsection G.

G. The Ombudsman shall submit to the Governor, the director of the Department,
and the General Assembly an annual report on the Ombudsman&#8217;s activities,
including any recommendations regarding the need for legislation or for a change
in rules or policies.

HISTORY: 2020, c. 1090; 2023, c. 750; 2024, c. 280.