Virginia Code 2.2-444: Decision to investigate; notice; pursuing administrative remedies or channels of complaint; further investigation; violation of state or federal criminal law; complaint against child-placing agency; petition requesting court ju…
A. Upon deciding to investigate a complaint from a complainant or an individual not meeting the definition of complainant, the Ombudsman shall notify the complainant or the individual not meeting the definition of complainant of the decision to investigate and shall notify the Department or local department or children’s residential facility, or child-placing agency of the intention to investigate. If the Ombudsman declines to investigate a complaint or continue an investigation, the Ombudsman shall notify the complainant or the individual not meeting the definition of complainant and the Department or local department, or children’s residential facility, or child-placing agency of the decision and of the reasons for the Ombudsman’s action.
Terms Used In Virginia Code 2.2-444
- Child-placing agency: means (i) any person who places children in foster homes, adoptive homes, or independent living arrangements pursuant to § Virginia Code 2.2-438
- Complainant: means an individual who makes a complaint pursuant to § Virginia Code 2.2-438
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the Department of Social Services. See Virginia Code 2.2-438
- Local department: means the local department of social services of any county or city in the Commonwealth. See Virginia Code 2.2-438
- Ombudsman: means the individual appointed to head the Office of the Children's Ombudsman under § Virginia Code 2.2-438
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
B. The Ombudsman shall advise a complainant of administrative remedies and may advise the individual to pursue all administrative remedies or channels of complaint open to the complainant before pursuing a complaint with the Ombudsman. Subsequent to the administrative processing of a complaint, the Ombudsman may conduct further investigations of a complaint upon the request of the complainant or upon the Ombudsman’s own initiative.
C. If the Ombudsman finds in the course of an investigation that an individual’s action is in violation of state or federal criminal law, the Ombudsman shall immediately report that fact to the local attorney for the Commonwealth or the Attorney General. If the complaint is against a child-placing agency, the Ombudsman shall refer the matter to the Department or local department for further action with respect to licensing or approval.