Code of Virginia

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Code of Virginia
Title 22.1. Education
Chapter 14.1. Early Childhood Care and Education
12/9/2022

Article 6. Complaints.

§ 22.1-289.042. Establishment of toll-free telephone line for complaints; investigation on receipt of complaints.

With such funds as are appropriated for this purpose, the Superintendent shall establish a toll-free telephone line to respond to complaints regarding operations of child day programs or family day systems. Upon receipt of a complaint concerning the operation of a child day program or family day system, regardless of whether the program is subject to licensure, the Superintendent shall, for good cause shown, cause an investigation to be made, including on-site visits as he deems necessary, of the activities, services, records, and facilities. The child day program or family day system shall afford the Superintendent reasonable opportunity to inspect all of the operator's activities, services, records, and facilities and to interview its agents and employees and any child within its control. Whenever a child day program or family day system subject to inspection under this section is determined by the Superintendent to be in noncompliance with the provisions of this chapter or with regulations adopted pursuant to this chapter, the Superintendent shall give reasonable notice to the child day program or family day system of the nature of its noncompliance and may thereafter take appropriate action as provided by law, including a suit to enjoin the operation of the child day program or family day system.

2020, cc. 860, 861.

§ 22.1-289.043. 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 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 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 child day program or family day system the nature of the complaint or the identity of the 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 Title 63.2. If the Department intends to rely, in whole or in part, on any statements made by the complainant at any administrative hearing brought against child day program or family day system, the Department shall disclose the identity of the complainant to the child day program or family day system a reasonable time in advance of such hearing.

2020, cc. 860, 861.

§ 22.1-289.044. Retaliation or discrimination against complainants.

No child day program or family day system shall retaliate or discriminate in any manner against any person who (i) in good faith complains or provides information to, or otherwise cooperates with, the Department or any other agency of government or any person or entity operating under contract with an agency of government having responsibility for protecting the rights of children in child day programs and family day systems, (ii) attempts to assert any right protected by state or federal law, or (iii) assists any person in asserting such right.

2020, cc. 860, 861.

§ 22.1-289.045. Retaliation against reports of child abuse or neglect.

No child day program or family day system shall retaliate in any manner against any person who in good faith reports child abuse or neglect pursuant to Chapter 15 (§ 63.2-1500 et seq.) of Title 63.2.

2020, cc. 860, 861.