1. A. The Ombudsman may do all of the following:

   1. 1. Determine, in the Ombudsman's sole discretion, if a complaint involves an administrative act.
   2. 2. Decide, in the Ombudsman's discretion, whether to investigate an administrative act.
   3. 3. Upon the Ombudsman's own initiative or upon receipt of a complaint, investigate an alleged violation of the rights of a foster parent.
   4. 4. Except as otherwise provided in this subdivision, access records and reports necessary to carry out the Ombudsman's powers and duties under this chapter to the same extent and in the same manner as provided to the Department and local departments, including reports submitted in accordance with §§ 9.1-153 and 16.1-274. The Ombudsman shall be provided access to medical and mental health disorder records in the same manner as access is provided to the Department and local departments. The Ombudsman may request substance use disorder records if the Ombudsman obtains a valid consent or a court order under 42 C.F.R. Part 2. In the course of a child fatality investigation, the Ombudsman may access records from the court of jurisdiction, the Office of the Attorney General, the local attorney for the Commonwealth, or any attorney retained by the Department or local department to the same extent and in the same manner as provided to the Department or local department under state law.
   5. 5. Make an ex parte application to the circuit court for the county or city wherein evidence is sought for the issuance of a subpoena duces tecum in furtherance of an investigation or to request production of any relevant records, documents, and physical or other evidence of the Department, local department, child-placing agency, children's residential facility, or any person, partnership, association, or corporation located in the Commonwealth.
   6. 6. Hold informal hearings and request that individuals appear before the Ombudsman and give testimony or produce documentary or other evidence that the Ombudsman considers relevant to a matter under investigation.
   7. 7. Make recommendations to the Governor and the General Assembly concerning the need for child protective services, adoption, or foster care legislation, policy, or practice without prior review by other offices, departments, or agencies in the executive branch in order to facilitate rapid implementation of recommendations or for suggested improvements to the recommendations. No other office, department, or agency shall prohibit the release of an Ombudsman's recommendation to the Governor or the General Assembly.

2. B. The Ombudsman may investigate child fatality cases that occurred or are alleged or suspected to have occurred due to abuse or neglect of a child in the following situations:

   1. 1. A child died during an active child protective services investigation or open services case, or there was a valid or invalid child protective services complaint within 12 months immediately preceding the child's death.
   2. 2. A child died while in foster care, unless the death is determined to have resulted from natural causes and there were no prior child protective services or licensing complaints concerning the foster home.
   3. 3. A child was returned home from foster care and there is an active foster care case.
   4. 4. A foster care case involving the deceased child or sibling was closed within 24 months immediately preceding the child's death.
3. C. Subject to state appropriations, an investigation under subsection B shall be completed within 12 months after the Ombudsman opens a child fatality case for investigation.
4. D. The Ombudsman is subject to the same standards for safeguarding the confidentiality of information under this section and the same sanctions for unauthorized release of information as the Department.

2020, c. 1090; 2023, c. 750; 2026, c. 989.