CODE OF VIRGINIA

CONFIDENTIALITY OF COMPLAINANT’S IDENTITY (§ 63.2-1729)

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.

HISTORY: 1994, c. 941, § 63.1-177.2; 2002, c. 747.