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 care 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 care center or child welfare agency, the Department shall disclose the identity of the complainant to the assisted living facility, adult day care center or child welfare agency a reasonable time in advance of such hearing.
1994, c. 941, § 63.1-177.2; 2002, c. 747.
Structure Code of Virginia
Title 63.2 - Welfare (Social Services)
Chapter 17 - Licensure and Registration Procedures
§ 63.2-1702. Investigation on receipt of application
§ 63.2-1705. Compliance with Uniform Statewide Building Code
§ 63.2-1706. Inspections and interviews
§ 63.2-1706.1. Inspections of child welfare agencies; prioritization
§ 63.2-1707. Issuance or refusal of license; notification; provisional and conditional licenses
§ 63.2-1708. Records and reports
§ 63.2-1709.2. Enforcement and sanctions; special orders; civil penalties
§ 63.2-1709.3. Child-placing agencies; conscience clause
§ 63.2-1710. Appeal from refusal, denial of renewal, or revocation of license
§ 63.2-1711. Injunction against operation without license
§ 63.2-1712. Offenses; penalty
§ 63.2-1713. Misleading advertising prohibited
§ 63.2-1714. Duty of attorneys for the Commonwealth
§ 63.2-1715. Exemptions from licensure
§ 63.2-1718. Inspection of unlicensed child or adult care operations; inspection warrant
§ 63.2-1719. Barrier crime; construction
§ 63.2-1723. Child welfare agencies; criminal conviction and waiver
§ 63.2-1726. Background check required; children's residential facilities
§ 63.2-1729. Confidentiality of complainant's identity
§ 63.2-1730. Retaliation or discrimination against complainants
§ 63.2-1731. Retaliation against reports of child or adult abuse or neglect
§ 63.2-1732. Regulations for assisted living facilities
§ 63.2-1733. Regulations for adult day care centers
§ 63.2-1734. Regulations for child welfare agencies
§ 63.2-1736. Interagency agreements; cooperation of Department with other departments
§ 63.2-1737. Licensure of group homes and residential facilities for children