63.2-1718 - Inspection of unlicensed child or adult care operations; inspection warrant.
§ 63.2-1718. Inspection of unlicensed child or adult care operations;inspection warrant.
In order to perform his duties under this subtitle, the Commissioner mayenter and inspect any unlicensed child or adult care operation with theconsent of the owner or person in charge, or pursuant to a warrant.Administrative search warrants for inspections of child or adult careoperations, based upon a petition demonstrating probable cause and supportedby an affidavit, may be issued ex parte by any judge having authority toissue criminal warrants whose territorial jurisdiction includes the child oradult care operation to be inspected, if he is satisfied from the petitionand affidavit that there is reasonable and probable cause for the inspection.The affidavit shall contain either a statement that consent to inspect hasbeen sought and refused, or that facts and circumstances exist reasonablyjustifying the failure to seek such consent. Such facts may include, withoutlimitation, past refusals to permit inspection or facts establishing reasonto believe that seeking consent would provide an opportunity to concealviolations of statutes or regulations. Probable cause may be demonstrated byan affidavit showing probable cause to believe that the child or adult careoperation is in violation of any provision of this subtitle or any regulationadopted pursuant to this subtitle, or upon a showing that the inspection isto be made pursuant to a reasonable administrative plan for theadministration of this subtitle. The inspection of a child or adult careoperation that has been the subject of a complaint pursuant to § 63.2-1728shall have preeminent priority over any other inspections of child or adultcare operations to be made by the Commissioner unless the complaint on itsface or in the context of information known to the Commissioner disclosesthat the complaint has been brought to harass, to retaliate, or otherwise toachieve an improper purpose, and that the improper purpose casts seriousdoubt on the veracity of the complaint.
(1993, cc. 730, 742, § 63.1-198.04; 2002, c. 747.)