63.2-1729 - Confidentiality of complainant's identity. - Virginia Statutes

§ 63.2-1729. Confidentiality of complainant's identity.

Whenever the Department conducts inspections and investigations in responseto complaints received from the public, the identity of the complainant andthe identity of any resident, participant or child who is the subject of thecomplaint, or identified therein, shall be confidential and shall not be opento inspection by members of the public. Identities of the complainant andresident, participant or child who is the subject of the complaint shall berevealed only if a court order so requires. Nothing contained herein shallprevent the Department, in its discretion, from disclosing to the assistedliving facility, adult day care center or child welfare agency the nature ofthe complaint or the identity of the resident, participant or child who isthe subject of the complaint. Nothing contained herein shall prevent theDepartment or its employees from making reports under Chapter 15 (§ 63.2-1500et seq.) of this title or Article 2 (§ 63.2-1603 et seq.) of Chapter 16 ofthis title. If the Department intends to rely, in whole or in part, on anystatements made by the complainant, at any administrative hearing broughtagainst the assisted living facility, adult day care center or child welfareagency, the Department shall disclose the identity of the complainant to theassisted living facility, adult day care center or child welfare agency areasonable time in advance of such hearing.

(1994, c. 941, § 63.1-177.2; 2002, c. 747.)