Virginia Code 63.2-1729: Confidentiality of complainant’s identity.
Whenever the Department conducts inspections and investigations in response to complaints received from the public, the identity of the complainant and the identity of any resident, participant or child who is the subject of the complaint, or identified therein, shall be confidential and shall not be open to inspection by members of the public. Identities of the complainant and resident, participant or child who is the subject of the complaint shall be revealed only if a court order so requires. Nothing contained herein shall prevent the Department, in its discretion, from disclosing to the assisted living facility, adult day center or child welfare agency the nature of the complaint or the identity of the resident, participant or child who is the subject of the complaint. Nothing contained herein shall prevent the Department or its employees from making reports under Chapter 15 (§ 63.2-1500 et seq.) of this title or Article 2 (§ 63.2-1603 et seq.) of Chapter 16 of this title. If the Department intends to rely, in whole or in part, on any statements made by the complainant, at any administrative hearing brought against the assisted living facility, adult day center or child welfare agency, the Department shall disclose the identity of the complainant to the assisted living facility, adult day center or child welfare agency a reasonable time in advance of such hearing.
Terms Used In Virginia Code 63.2-1729
- Adult: means a person 18 years of age or more. See Virginia Code 1-203
- Adult day center: means any facility that is either operated for profit or that desires licensure and that provides supplementary care and protection during only a part of the day to four or more adults who are aged or infirm or who have disabilities and who reside elsewhere, except (i) a facility or portion of a facility licensed by the State Board of Health or the Department of Behavioral Health and Developmental Services, and (ii) the home or residence of an individual who cares for only persons related to him by blood or marriage. See Virginia Code 63.2-100
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the State Department of Social Services. See Virginia Code 63.2-100
1994, c. 941, § 63.1-177.2; 2002, c. 747; 2024, cc. 37, 150.