                                 CODE OF VIRGINIA

INSPECTION OF UNLICENSED CHILD CARE OPERATIONS; INSPECTION WARRANT (§
22.1-289.033)

In order to perform his duties under this chapter, the Superintendent may enter
and inspect any unlicensed child care operation with the consent of the owner or
person in charge, or pursuant to a warrant. Administrative search warrants for
inspections of child care operations, based upon a petition demonstrating
probable cause and supported by an affidavit, may be issued ex parte by any
judge having authority to issue criminal warrants whose territorial jurisdiction
includes the child care operation to be inspected, if he is satisfied from the
petition and affidavit that there is reasonable and probable cause for the
inspection. The affidavit shall contain either a statement that consent to
inspect has been sought and refused, or that facts and circumstances exist
reasonably justifying the failure to seek such consent. Such facts may include,
without limitation, past refusals to permit inspection or facts establishing
reason to believe that seeking consent would provide an opportunity to conceal
violations of statutes or regulations. Probable cause may be demonstrated by an
affidavit showing probable cause to believe that the child care operation is in
violation of any provision of this chapter or any regulation adopted pursuant to
this chapter, or upon a showing that the inspection is to be made pursuant to a
reasonable administrative plan for the administration of this chapter. The
inspection of a child care operation that has been the subject of a complaint
pursuant to § 22.1-289.042 shall have preeminent priority over any other
inspections of child care operations to be made by the Superintendent unless the
complaint on its face or in the context of information known to the
Superintendent discloses that the complaint has been brought to harass, to
retaliate, or otherwise to achieve an improper purpose, and that the improper
purpose casts serious doubt on the veracity of the complaint. After issuing a
warrant under this section, the judge shall file the affidavit in the manner
prescribed by § 19.2-54. Such warrant shall be executed and returned to the
clerk of the circuit court of the city or county wherein the inspection was
made.

HISTORY: 2020, cc. 860, 861.