Virginia Code 2.2-445: Department and child-placing agency; duties; information to be provided to biological parent, adoptive parent, or foster parent; access to departmental computer networks
A. The Department or local department, a children’s residential facility, and a child-placing agency shall do all of the following:
Terms Used In Virginia Code 2.2-445
- Central registry: means the system maintained at the Department of Social Services pursuant to § Virginia Code 2.2-438
- 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
- Foster care: means care provided to a child by a foster parent, children's residential facility, or group home licensed or approved by the Department under Chapter 9 of 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
- Office: means the Office of the Children's Ombudsman established under § 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
1. Upon the Ombudsman‘s request, grant the Ombudsman or the Office access to all information, records, and documents in the possession of the Department or local department, children’s residential facility, or child-placing agency that the Ombudsman considers relevant and necessary in an investigation.
2. Assist the Ombudsman or the Office to obtain the necessary releases of those documents that are specifically restricted.
3. Upon the Ombudsman’s request, provide the Ombudsman or the Office with progress reports concerning the administrative processing of a complaint.
4. Upon the Ombudsman’s request, provide the Ombudsman or the Office the information requested under subdivision 1 or notification within 10 business days after the request that the Department or local department has determined that release of the information would violate federal or state law.
5. Upon the Ombudsman’s request, grant access and provide consent to interview children in foster care who are the subject of or the complainant in an investigation.
B. The Department or local department, a children’s residential facility, and a child-placing agency shall provide information to a biological parent, prospective adoptive parent, or foster parent regarding the provisions of this chapter.
C. The Ombudsman and the Office shall have access, in the Ombudsman’s own office, to departmental computer networks pertaining to protective services, foster care, adoption, juvenile delinquency, and the central registry, unless otherwise prohibited by state or federal law or if the release of the information to the Ombudsman would jeopardize federal funding. The cost of implementing this subsection shall be negotiated among the Office and the custodians of such networks.