VirginiaSB1252026 Regular SessionSenate

Children's Ombudsman, Office of the; powers and duties, report.

Sponsored By: Barbara A. Favola (Democratic)

Signed by Governor

Summary

Office of the Children's Ombudsman; powers and duties; report; recommendations. Makes a number of changes to the Office of the Children's Ombudsman (the Office). The bill expands the Office's access to certain records and reports and allows the Office to report certain complaints to the Office of the Inspector General. Under the bill, the Office is required to report findings and recommendations related to failures by state agencies to protect children to the Governor or General Assembly upon request. Under current law, such reports are made to the General Assembly. The bill makes certain changes to the Office's reporting and recommendation requirements. Finally, the bill adds and amends several definitions related to the Office.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 4 benefits, 1 costs, 0 mixed.

Broader foster care coverage and rights review

The foster care definition includes some children receiving 24-hour substitute care while remaining in their parents' custody. They must live away from parents or guardians under a noncustodial agreement giving the local board placement and care responsibility. It also includes children committed to the Department of Juvenile Justice who were in local-board custody immediately before commitment. The Ombudsman can investigate alleged foster-parent rights violations after a complaint or on its own initiative. That authority no longer requires funds set aside for the investigation, though office operations still depend on annual appropriations.

Deadline for reviewing qualifying child deaths

The Ombudsman must complete a qualifying child-death investigation within 12 months after opening it. This deadline is subject to state appropriations.

Families get clearer complaint decisions and findings

Complaint submitters and relevant departments, residential facilities, or child-placing agencies must receive notice of investigation decisions. Notices declining or ending an investigation must explain why. The Ombudsman must tell complainants about recommendations and agency responses. Findings can be shared with submitters only when release is unrelated to, and will not interfere with, ongoing police or child protective services investigations. Confidentiality and child-safety limits still apply. Entities receiving a report can respond within 14 calendar days, or longer by reasonable agreement. Before publishing an adverse report, the Ombudsman must give at least 30 calendar days' notice and include the subject's written response.

New oversight office protects Virginia children

Virginia creates a Children's Ombudsman office to review child-serving agencies and recommend changes. The Governor appoints its leader for four years, with General Assembly confirmation; removal requires cause. Office funding depends on annual appropriations. For children in active or open child protective services or foster care cases, immediate safety concerns require prompt agency notice. Notice is due as soon as possible, within one business day after the Ombudsman learns of the concern. The Ombudsman can ask the local circuit court, without advance notice to other parties, to order production of investigation evidence. For child-death investigations, access also covers records from courts, the Attorney General, local prosecutors, and agency attorneys, subject to state law.

Tighter limits on child death investigations

The Ombudsman may investigate a child's death only when abuse or neglect caused it, or is alleged or suspected. The case must also meet a listed condition. Qualifying cases include a recent child protective services case or complaint, or death in foster care, with exceptions for certain natural-cause deaths. Other qualifying cases involve children returned home from foster care with an active case. A foster care case closed within the preceding 24 months also qualifies.

Sponsors & Cosponsors

Sponsor

  • Barbara A. Favola

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 386 • No: 0

House vote • 4/22/2026

House concurred in Governor's recommendation

Yes: 97 • No: 0

Senate vote • 4/22/2026

Senate concurred in Governor's recommendation

Yes: 39 • No: 0

House vote • 3/6/2026

Passed House Block Vote

Yes: 97 • No: 0

House vote • 3/3/2026

Reported from General Laws

Yes: 21 • No: 0

House vote • 2/26/2026

Subcommittee recommends reporting

Yes: 8 • No: 0

Senate vote • 2/13/2026

Read third time and passed Senate Block Vote

Yes: 39 • No: 0

Senate vote • 2/12/2026

Finance and Appropriations Amendment agreed to

Yes: 0 • No: 0

Senate vote • 2/12/2026

Rehabilitation and Social Services Amendments agreed to

Yes: 0 • No: 0

Senate vote • 2/11/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 2/11/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 40 • No: 0

Senate vote • 2/10/2026

Reported from Finance and Appropriations with amendment

Yes: 15 • No: 0

Senate vote • 1/30/2026

Reported from Rehabilitation and Social Services with amendments and rereferred to Finance and Appropriations

Yes: 15 • No: 0

Senate vote • 1/21/2026

Rereferred from General Laws and Technology to Rehabilitation and Social Services

Yes: 15 • No: 0

Actions Timeline

  1. House concurred in Governor's recommendation (97-Y 0-N 0-A)

    4/22/2026House
  2. Senate concurred in Governor's recommendation (39-Y 0-N 0-A)

    4/22/2026Senate
  3. Acts of Assembly Chapter text (CHAP0989)

    4/22/2026Governor
  4. Reenrolled bill text (SB125ER2)

    4/22/2026Senate
  5. Reenrolled

    4/22/2026Senate
  6. Approved by Governor-Chapter 989 (effective 7/1/2026)

    4/22/2026Governor
  7. Signed by President

    4/22/2026Senate
  8. Signed by Speaker

    4/22/2026House
  9. Governor's recommendation adopted

    4/22/2026Governor
  10. Governor's recommendation received by Senate

    4/11/2026Governor
  11. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/14/2026Governor
  12. Enrolled Bill communicated to Governor on March 14, 2026

    3/14/2026Senate
  13. Fiscal Impact Statement from Department of Planning and Budget (SB125)

    3/12/2026Senate
  14. Bill text as passed Senate and House (SB125ER)

    3/12/2026Senate
  15. Enrolled

    3/12/2026Senate
  16. Signed by President

    3/12/2026Senate
  17. Signed by Speaker

    3/12/2026House
  18. Passed House Block Vote (97-Y 0-N 0-A)

    3/6/2026House
  19. Read third time

    3/6/2026House
  20. Read second time

    3/5/2026House
  21. Reported from General Laws (21-Y 0-N)

    3/3/2026House
  22. Subcommittee recommends reporting (8-Y 0-N)

    2/26/2026House
  23. Assigned HGL sub: Professions/Occupations and Administrative Process

    2/23/2026House
  24. Referred to Committee on General Laws

    2/18/2026House
  25. Read first time

    2/18/2026House

Bill Text

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