For the purposes of this subchapter, the term:
(1) "Aftercare services" means programs and services designed to provide care, supervision, and control over children released from facilities.
(1A) "Behavioral health" means a person's overall social, emotional, and psychological well-being and development.
(1B) "Behavioral health assessment" means a more thorough and comprehensive examination by a mental health professional of all behavioral health issues and needs identified during an initial behavioral health screening by which the mental health professional shall identify the type and extent of the behavioral health problem and make recommendations for treatment interventions.
(1C) "Behavioral health screening" means a brief process designed to identify youth who are at risk of having behavioral health disorders that warrant immediate attention, or intervention, or to identify the need for further assessment with a comprehensive examination.
(2) "Committed" means the removal of a youth from his or her home as a result of an order of adjudication or an order of disposition and placement in the care and custody of the Department of Youth Rehabilitation Services.
(3) "Contracted provider" means any agency, organization, corporation, association, partnership, or individual, either for profit or not for profit, who agrees in writing to provide specific services or organizational supports to youth in the Department's care and custody.
(4) "Conviction" means a judicial finding, jury verdict, or final administrative order, including a finding of guilt, a plea of nolo contendere, or a plea of guilty to a criminal charge enumerated in § 2-1515.05(g), or a finding that a child who is the subject of a report of child abuse has been abused by the employee or prospective employee.
(5)(A) "Custody" means the legal status created by a Family Court order which vests in the Department the responsibility for the custody of a minor, including:
(i) Physical custody and the determination of where and with whom the minor shall live;
(ii) The right and duty to protect, train, and discipline the minor; and
(iii) The responsibility to provide the minor with food, shelter, education, and ordinary medical care.
(B) A Family Court order of "legal custody" is subordinate to the rights and responsibilities of the guardian of the person of the minor and any residual parental rights and responsibilities.
(6) "Department" means the Department of Youth Rehabilitation Services.
(7) "Detained" means the temporary, secure custody of a child in facilities designated by the Family Court and placed in the care of the Department, pending a final disposition of a petition and following a hearing in accordance with § 16-2312.
(8) "Facilities" means any youth residential facility, group home, foster home, shelter, secure residential or institutional placement owned, operated, or under contract with the Department, excluding residential treatment facilities and accredited hospitals.
(9) "Family Court" means the Family Court of the Superior Court of the District of Columbia.
(10) "Person in Need of Supervision" or "PINS" means a "child in need of supervision" as that term is defined by § 16-2301(8).
(11) "Rehabilitative services" means services designed to assist youth in acquiring, retaining, and improving their socialization, behavioral, and generic competency skills necessary to reintegrate into their home and community-based settings.
(12) "Youth" means a "child" as that term is defined by § 16-2301(3). The terms "juvenile," "child," and "resident" appearing in this subchapter are used interchangeably.
(13) "Youth residential facility" means a residential placement providing adult supervision and care for one or more children who are not related by blood, marriage, guardianship, or adoption (including both final and non-final adoptive placements) to any of the facility's adult caregivers and who were found to be in need of a specialized living arrangement as the result of a detention or shelter care hearing held pursuant to § 16-2312 or a dispositional hearing held pursuant to § 16-2317.
(Apr. 12, 2005, D.C. Law 15-335, § 101, 52 DCR 2025; June 7, 2012, D.C. Law 19-141, § 504(a), 59 DCR 3083.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 19-141 added pars. (1A), (1B), and (1C).
Emergency Act Amendments
For temporary (90 day) addition, see § 101 of Department of Youth Rehabilitation Services Establishment Emergency Act of 2004 (D.C. Act 15-657, December 29, 2004, 52 DCR 481).
For temporary (90 day) addition, see § 101 of Department of Youth Rehabilitation Services Establishment Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-58, March 17, 2005, 52 DCR 3182).
Legislative History of Laws
Law 15-335, the "Department of Youth Rehabilitation Services Establishment Act of 2004", was introduced in Council and assigned Bill No. 15-749 which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on December 7, 2004, and December 21, 2004, respectively. Signed by the Mayor on January 21, 2005, it was assigned Act No. 15-749 and transmitted to both Houses of Congress for its review. D.C. Law 15-335 became effective on April 12, 2005.
Law 19-141, the "South Capitol Street Memorial Amendment Act of 2012", was introduced in Council and assigned Bill No. 19-211, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on March 6, 2012, and March 20, 2012, respectively. Signed by the Mayor on April 10, 2012, it was assigned Act No. 19-344 and transmitted to both Houses of Congress for its review. D.C. Law 19-141 became effective on June 7, 2012.
(a) Pursuant to § 1-204.04(b), the Department of Youth Rehabilitation Services is established as a separate Cabinet-level agency, subordinate to the Mayor, within the executive branch of the government of the District of Columbia. The Department shall lead the reform of the District's juvenile justice system by coordinating the collaborative efforts of government agencies, contracted providers, labor, and community leaders to:
(1) Improve the security, supervision, and rehabilitation services provided to committed and detained juvenile offenders and Persons in Need of Supervision ("PINS");
(2) Develop and maintain a holistic, family-oriented approach to the provision of youth services that emphasizes youth and parental responsibility so as to reduce juvenile crime, delinquency, and recidivism; and
(3) Develop and maintain state-of-the-art service programs, delivery systems, and facilities that will transform the District's juvenile justice system into a national model.
(b) The Department shall be headed by a Director, who shall report to the Mayor. The Director shall be appointed by the Mayor with the advice and consent of the Council, pursuant to § 1-523.01(a).
(c) The Director shall have a minimum education of a Masters Degree in Criminal Justice, Social Work, or some related field, or shall possess equivalent work-related experience in the management of juvenile justice programs.
(d) The Director shall have authority over the Department, its functions, and personnel, including the power to re-delegate to employees authority as, in the judgment of the Director, is warranted in the interests of efficiency and sound administration.
(e) The Director shall have authority to organize and reorganize the personnel and property transferred herein within any organizational unit of the Department, including creating offices within the Department, as necessary, and exercising any other powers necessary and appropriate to implement the provisions of this subchapter.
(f) The Director shall have authority to implement an aggressive, District-wide program of reform within the juvenile justice system that leads to a system that can serve as a nationwide model.
(Apr. 12, 2005, D.C. Law 15-335, § 102, 52 DCR 2025.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition, see § 102 of Department of Youth Rehabilitation Services Establishment Emergency Act of 2004 (D.C. Act 15-657, December 29, 2004, 52 DCR 481).
For temporary (90 day) addition, see § 102 of Department of Youth Rehabilitation Services Establishment Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-58, March 17, 2005, 52 DCR 3182).
Legislative History of Laws
For Law 15-335, see notes following § 2-1515.01.
Miscellaneous Notes
Short title: Section 5061 of D.C. Law 19-21 provided that subtitle G of title V of the act may be cited as "Increase Local Capacity to Serve DYRS Committed Youth Act of 2011".
Sections 5062 to 5064 of D.C. Law 19-21 provides:
"Sec. 5062. Report on Department of Youth Rehabilitation Services plans to reduce residential placements outside of the District.
"No later than December 16, 2011, the Department of Youth Rehabilitation Services ('DYRS') shall transmit to the Council a report summarizing the results and action items from the Request for Information concerning establishing in-patient drug treatment programs within 50 miles of the District."
"Sec. 5063. Report on Department of Youth Rehabilitation Services youths in psychiatric residential treatment facilities and residential treatment centers.
"(a) DYRS shall conduct a study of DYRS youths in psychiatric residential treatment facilities ( 'PRTFs') and residential treatment centers ('RTCs'). The study shall evaluate the following:
"(1) The population based on demographic characteristics of youth;
"(2) The offense history of the youths;
"(3) The risk profile of the youths;
"(4) The behavioral health issues;
"(5) The substance abuse issues;
"(6) The past community-based service provision;
"(7) The reason for current placement; and
"(8) Other factors that DYRS determines to be significant.
"(b) No later than December 16, 2011, DYRS shall transmit to the Council a report summarizing the findings of the study, which shall include action items.
"(c) DYRS shall provide to the Council a quarterly census report on DYRS youth placed in PRTFs and RTCs. The report shall include the following:
"(1) The name of the centers;
"(2) The location of the centers;
"(3) The number of miles the centers are located outside of the District; and
"(4) The daily rate that the centers are charging the District."
"Sec. 5064. Quarterly report on status of Medicaid eligibility.
"Beginning February 1, 2012, DYRS shall issue quarterly reports on the status of the Money Follows the Person program. The report shall include the following:
"(1) The number of applications submitted for Medicaid;
"(2) The number of applications approved for Medicaid; and
"(3) The amount of money obtained from Medicaid."
(a) The Department shall have sufficient staff, supervisory personnel, and resources to accomplish the purposes of this subchapter. There is hereby established in the Department:
(1) The Office of the Director, which shall be responsible for all administrative activities, such as human resources, technology and information services, facilities management and transportation, contracting and procurement, and budget and financial services, with subordinate staff offices responsible for overall management responsibility of the office;
(2) The Division of Secure Programs, whose Deputy Director shall be responsible for operations at the Oak Hill Youth Center, the Youth Services Center, and any other Department secure facility;
(3) The Division of Court and Community Programs, whose Deputy Director shall be responsible for aftercare services for committed youth and prevention programs;
(4) The Division of Performance Management, whose Deputy Director shall be responsible for licensure, regulation, technical assistance, training, quality assurance, quality improvement, risk management, program evaluation, data collection, contract monitoring, policy formulation, legislative affairs, and monitoring and reporting on compliance with standards, policies, court orders, laws, rules, and regulations;
(5) The Office of Internal Integrity, which shall be responsible for the swift and competent internal investigations into allegations and indications of unprofessional and unlawful conduct by employees or contractors of the Department; and
(6) The Office of the General Counsel, which shall be responsible for reviewing legal matters pertaining to the Department and its programs, analyzing existing or proposed federal or local legislation and rules, managing the development of new legislation and rules, and coordinating legal services to the Department, and shall be headed by a General Counsel, who shall be in the Senior Executive Attorney Service of the Legal Service as an at-will employee under the direction and control of the Attorney General for the District of Columbia.
(b) Notwithstanding the proposed organization established in subsection (a) of this section, the Director of the Department shall have the authority, pursuant to § 2-1515.02(e), to organize and reorganize the organizational structure set forth in this section.
(Apr. 12, 2005, D.C. Law 15-335, § 103, 52 DCR 2025.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition, see § 103 of Department of Youth Rehabilitation Services Establishment Emergency Act of 2004 (D.C. Act 15-657, December 29, 2004, 52 DCR 481).
For temporary (90 day) addition, see § 103 of Department of Youth Rehabilitation Services Establishment Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-58, March 17, 2005, 52 DCR 3182).
Legislative History of Laws
For Law 15-335, see notes following § 2-1515.01.
The primary duties of the offices of the Department are to plan, program, operate, manage, control, and maintain a juvenile justice system of care, rehabilitative service delivery, and security that meets the treatment needs of youth within the juvenile justice system and that is in accordance with national juvenile justice industry standards and best practices. These duties include:
(1) Providing services for committed and detained youth and PINS that balance the need for rehabilitation and holding youth accountable for their actions in the context of public safety;
(2) Facilitating and enhancing intra-District coordination of services and supports for youth in the juvenile justice system;
(3) Establishing and adopting best practices standards for the provision of residential, restorative, and rehabilitative services to youth in the juvenile justice system consistent with the standards of the American Correctional Association or those of another nationally accepted accrediting body;
(4) Employing a cadre of juvenile justice professionals who are highly skilled and experienced with the principles, goals, and the latest advancements of juvenile rehabilitation and treatment provision;
(5) Establishing through contracts, provider agreements, human care agreements, grants, memoranda of agreement or understanding, or other binding agreements a system of secure and community-based facilities and rehabilitative services with governmental bodies, public and private agencies, institutions, and organizations, for youth that will provide intervention, individualized assessments, continuum of services, safety, and security;
(6) Establishing a system that constantly reviews a youth's individual strengths, needs, and rehabilitative progress and ensures placement within a continuum of least restrictive settings within secure facilities and the community;
(7) Assessing the risks and needs of youth, and determining and providing the services needed for treatment for substance abuse and other services;
(8) Developing and maintaining a system with other governmental and private agencies to identify, locate, and retrieve youth who are under the care, custody, or supervision of the Department, who have absconded from an assigned secure governmental facility, or community shelter home, group home, residential facility, or foster care placement;
(9) Developing and maintaining state-of-the-art systems to monitor accountability and to enhance performance for all Department programs, services, and facilities;
(10) Developing and maintaining an ongoing training program for employees that ensures continuous development of expertise in juvenile justice service delivery;
(11) Taking a leadership role in the provision of training and technical assistance to non-governmental juvenile justice service providers that fosters the development of high-quality, comprehensive, cost-effective, and culturally competent delinquency prevention and juvenile rehabilitative services for the youth and their families;
(12) Developing and maintaining a capital improvement, licensing, and regulating program that ensures governmental and private institutions maintain up-to-date residential facilities, group homes, and shelter facilities to serve the safety, the security, and the rehabilitative needs of youth in the juvenile justice system;
(13) Enforcing all laws, rules, regulations, court orders, policies, and procedures necessary and appropriate to accomplish the duties of the Department; and
(14) Conducting a behavioral health screening and assessment as required in § 2-1215.04a.
(Apr. 12, 2005, D.C. Law 15-335, § 104, 52 DCR 2025; June 7, 2012, D.C. Law 19-141, § 504(b), 59 DCR 3083.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 19-141 deleted "and" from the end of par. (12), substituted "; and" for a period the end of par. (13 ), and added par. (14).
Emergency Act Amendments
For temporary (90 day) addition, see § 104 of Department of Youth Rehabilitation Services Establishment Emergency Act of 2004 (D.C. Act 15-657, December 29, 2004, 52 DCR 481).
For temporary (90 day) addition, see § 104 of Department of Youth Rehabilitation Services Establishment Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-58, March 17, 2005, 52 DCR 3182).
Legislative History of Laws
For Law 15-335, see notes following § 2-1515.01.
For history of Law 19-141, see notes under § 2-1515.01.
(a) All youth in contact with the Department shall, to the extent that it is not inconsistent with a court order, receive a behavioral health screening and, if necessary, a behavioral health assessment within 30 days of initial contact; provided, that the Mayor may, through rulemaking, require that the behavioral health screening and assessment be conducted within fewer than 30 days of the initial contact.
(b) For the purposes of this section, the term "youth" means an individual under 18 years of age residing in the District and those individuals classified as committed youth in the custody of the Department who are 21 years of age or younger.
(Apr. 12, 2005, D.C. Law 15-335, § 104a, as added June 7, 2012, D.C. Law 19-141, § 504(c), 59 DCR 3083.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) amendment of section 601 of D.C. Law 19-141, see § 7004 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).
For temporary (90 day) amendment of section 601 of D.C. Law 19-141, see § 7004 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).
Legislative History of Laws
For history of Law 19-141, see notes under § 2-1515.01.
Miscellaneous Notes
Section 601 of D.C. Law 19-141, as amended by section 7004 of D.C. Law 19-168, provides:
"Sec. 601. Applicability.
"Sections 302(b)(1), 304, and 502(a) shall apply upon the inclusion of their fiscal effect in an approved budget and financial plan."
Section 7016 of D.C. Law 19-168 provides:
"Sec. 7016. Sections 7001, 7004, 7007, 7009, 7011, and 7015 shall apply as of the effective date of the Fiscal Year 2013 Budget Support Emergency Act of 2012, passed on emergency basis on June 5, 2012 (Enrolled version of Bill 19- 796)."
(a) When the Department has physical custody of a youth pursuant to § 16- 2320, it may:
(1) Authorize a medical evaluation, emergency medical, surgical, or dental treatment, a psychiatric evaluation, or emergency outpatient psychiatric treatment, when reasonable efforts to secure the consent of the youth's parents or legal guardian have been made, but a parent or legal guardian cannot be consulted; and
(2) Authorize non-emergency, routine outpatient medical, dental, and psychiatric treatment or an autopsy, when reasonable efforts to consult the parent or legal guardian have been made, but a parent or legal guardian cannot be consulted.
(b) The Department shall protect the safety, security, discipline, and order of Department and contractor facilities and in doing so it may require:
(1) Random searches of all buildings and grounds for contraband;
(2) Random and probable cause searches of persons and personal property entering or on the grounds for contraband;
(3) Use of metal detectors and visual inspections, dog sniffers, or other means to inspect any bag, luggage, or container being carried into or on the grounds for contraband; and
(4) Seizure, confiscation, and retention of contraband as a result of a search or inspection conducted pursuant to paragraphs (1) through (3) of this subsection.
(c) The Department shall protect the safety, security, discipline, and order of Department and contractor facilities, programs, and services, and in doing so it shall require the testing of all prospective and existing Department staff and contractual employees or other applicable personnel for drug and alcohol use, in accordance with § 1-620.22.
(d) The Department shall protect the safety, security, discipline, and order of Department and contractor facilities, programs, and services, and in doing so it shall test youth for the presence of substances, which may pose risks to the health and safety of youth or others.
(e) The Department shall protect the safety, security, discipline, and order of Department and contractor facilities, programs, and services, and in doing so it may require all prospective and existing employees or staff assigned to any Department facility or any provider of services to youth in any Department-contracted facility, group home, or shelter to provide National Crime Information Center ("NCIC") criminal background checks in accordance with Chapter 15 of Title 4.
(f) The Department shall protect the safety, security, discipline, and order of Department facilities, residential facilities, programs, and services, and in doing so it may require all prospective and existing employees or staff at any Department-owned or contract facility, or program that provides services to youth in the juvenile justice system, be subject to a child protection registry check in the District of Columbia and their current and prior states of residence.
(g) The Department may:
(1) Prohibit the hiring of or require the termination of persons seeking employment or employed by the Department, or providers of services either under contract, grant, or agreement, or persons who will provide or do provide direct services or who have access to youth in the juvenile justice system, who have been convicted by a court of competent jurisdiction of:
(A) Child abuse or child neglect;
(B) Rape or sexual assault;
(C) Homicide or felony assault; or
(D) Any other crime, as defined by rules issued by the Mayor;
(2) Require all Department facilities or programs under contract, grant, or agreement to obtain written approval of the Department prior to employing any person who has been convicted or has served a sentence in the past 10 years for any of the following offenses or their equivalents:
(A) Fraud;
(B) Burglary;
(C) Drug-related crimes; or
(D) Any other crime, as defined by rules issued by the Mayor; and
(3) Prohibit the assignment of persons employed by the Department, or providers of services, either under contract, grant, or agreement, that have access to youth into positions that may place them in contact with youth if that person is alleged to be a perpetrator of abuse or neglect in a currently pending child abuse or neglect investigation.
(h) The Department may take any other actions necessary to promote the safety and well-being of the youth in the Department's custody.
(i) A criminal or civil conviction for any of the charges listed within subsection (f)(1) of this section or identification as a perpetrator of abuse or neglect as determined by the investigation conducted pursuant to subsection (f) of this section in this or any jurisdiction shall constitute cause for termination.
(j) Except as expressly provided by this subchapter, all information obtained pursuant to this section shall be considered confidential and only released to appropriate officials, as determined by the Director of the Department.
(k) The Department may expend funds from its operating budget, as considered necessary, to create, manage, operate, and implement programs and policies that further its objective to provide rehabilitative care and services to detained and committed youth in its care and custody, including spending appropriated funds for on-site employee meals.
(Apr. 12, 2005, D.C. Law 15-335, § 105, 52 DCR 2025; Aug. 16, 2008, D.C. Law 17-219, § 5006, 55 DCR 7598.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 17-219 added subsec. (k).
Emergency Act Amendments
For temporary (90 day) addition, see § 105 of Department of Youth Rehabilitation Services Establishment Emergency Act of 2004 (D.C. Act 15-657, December 29, 2004, 52 DCR 481).
For temporary (90 day) addition, see § 105 of Department of Youth Rehabilitation Services Establishment Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-58, March 17, 2005, 52 DCR 3182).
Legislative History of Laws
For Law 15-335, see notes following § 2-1515.01.
For Law 17-219, see notes following § 2-218.75.
Miscellaneous Notes
Short title: Section 5003 of D.C. Law 17-219 provided that subtitle C of title V of the act may be cited as the "On-site Meal Expenses Amendment Act of 2008".
(a)(1) Records pertaining to youth in the custody of the Department or contract providers shall be privileged and confidential and shall be released only in accordance with this subsection.
(2) Juvenile case records shall be released only to persons and entities permitted to inspect those records under § 16-2331 and in accordance with the procedures governing the release of records under that section.
(3) Juvenile social records shall be released only to persons and entities permitted to inspect those records under § 16-2332 and in accordance with the procedures governing the release of records under that section.
(4) Law enforcement records shall be released only to person and entities permitted to inspect those records under § 16-2333 and in accordance with the procedures governing the release of records under that section.
(5) All other Department records pertaining to youth in the custody of the Department shall be released only to persons and entities permitted to inspect juvenile social records under § 16-2332 and in accordance with the procedures governing the release of records under that section.
(b) Notwithstanding the confidentiality requirements of this section, the Mayor may establish rules for the disclosure of electronic Department data to other District government agencies statutorily charged with the care, treatment, and rehabilitation of youth in the District's custody for purposes of coordination care, treatment, and rehabilitation services for youth and Department tracking and trending reports; provided, that the Department data is maintained, transmitted, and stored in a manner to protect the security and privacy of the youth identified and to prevent the disclosure of any of the data or information to any individual, entity, or agency not designated in this subsection.
(c)(1) Notwithstanding the confidentiality requirements of this section, or any other provision of law, the Chairman of the Committee on Human Services, Members of the Committee on Human Services, and the Mayor, or their designees, shall be permitted to obtain the records pertaining to youth in the custody of the Department regardless of the source of the information contained in those records, when necessary for the discharge of their duties; provided, that the Department data is maintained, transmitted, and stored in a manner to protect the security and privacy of the youth identified and to prevent the disclosure of any of the data or information to any individual, entity, or agency not designated pursuant to subsection (b) of this section.
(2) A Member of the Committee on Human Services shall notify the Chairman of the Committee on Human Services upon requesting a record pursuant to paragraph (1) of this subsection.
(d) Notwithstanding the confidentiality requirements of this section, or any other provision of law, the Metropolitan Police Department is authorized to obtain records pertaining to youth in the custody of the Department, other than juvenile case records as defined in § 16-2331 and juvenile social records as defined in § 16-2332, for the purpose of investigating a crime allegedly involving a youth in the custody of the Department. The confidentiality of any information disclosed to the Metropolitan Police Department pursuant to this subsection shall be maintained pursuant to § 16-2333.
(Apr. 12, 2005, D.C. Law 15-335, § 106, 52 DCR 2025; Sept. 23, 2009, D.C. Law 18-50, § 2, 56 DCR 5487; Mar. 8, 2011, D.C. Law 18-284, § 2, 57 DCR 10477; Sept. 26, 2012, D.C. Law 19-171, § 21, 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 18-50 added subsec. (c).
D.C. Law 18-284 rewrote subsec. (a); and added subsec. (d). Prior to amendment, subsec. (a) read as follows:
"(a) Records pertaining to youth in the custody of the Department or contract providers shall be privileged and confidential and shall only be released pursuant to § 16-2332."
D.C. Law 19-171, in subsec. (a)(5), validated a previously made technical correction.
Temporary Amendments of Section
Section 2 of D.C. Law 18-8 added subsec. (c) to read as follows:
"(c) Notwithstanding the confidentiality requirements of this section, the Chairman of the Committee on Human Services, or his designee, shall be permitted to obtain the records pertaining to youth in the custody of the Department when necessary for the discharge of the committee's duties; provided, that the Department data is maintained, transmitted, and stored in a manner to protect the security and privacy of the youth identified and to prevent the disclosure of any of the data or information to any individual, entity, or agency not designated pursuant to subsection (b) of this section.".
Section 4(b) of D.C. Law 18-8 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) addition, see § 106 of Department of Youth Rehabilitation Services Establishment Emergency Act of 2004 (D.C. Act 15-657, December 29, 2004, 52 DCR 481).
For temporary (90 day) addition, see § 106 of Department of Youth Rehabilitation Services Establishment Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-58, March 17, 2005, 52 DCR 3182).
For temporary (90 day) amendment of section, see § 2 of Juvenile Records Access Emergency Amendment Act of 2008 (D.C. Act 17-532, October 2, 2008, 55 DCR 11048).
For temporary (90 day) amendment of section, see § 2 of Records Access Emergency Amendment Act of 2009 (D.C. Act 18-17, February 24, 2009, 56 DCR 1939).
For temporary (90 day) amendment of section, see § 2 of Records Access Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-76, May 25, 2009, 56 DCR 4153).
For temporary (90 day) amendment of section, see § 2 of Second Records Access Emergency Amendment Act of 2009 (D.C. Act 18-105, June 12, 2009, 56 DCR 4670).
Legislative History of Laws
For Law 15-335, see notes following § 2-1515.01.
Law 18-50, the "Records Access Amendment Act of 2009", was introduced in Council and assigned Bill No. 18-105, which was referred to the Committee on human Services. The Bill was adopted on first and second readings on June 2, 2009, and June 16, 2008, respectively. Enacted without signature by the Mayor on June 26, 2009, it was assigned Act No. 18-125 and transmitted to both Houses of Congress for its review. D.C. Law 18-50 became effective on September 23, 2009.
Law 18-284 , the "Expanding Access to Juvenile Records Amendment Act of 2010", was introduced in Council and assigned Bill No. 18-344, which was referred to the Committee on Public Safety and the Judiciary. The Bill was adopted on first and second readings on July 13, 2010, and October 19, 2010, respectively. Signed by the Mayor on November 3, 2010, it was assigned Act No. 18-594 and transmitted to both Houses of Congress for its review. D.C. Law 18- 284 became effective on March 8, 2011.
For history of Law 19-171, see notes under § 2-218.13.
Delegation of Authority
Delegation of Authority under D.C. Law 18-50, the Records Access Amendment Act of 2009, see Mayor's Order 2011-164, September 28, 2011 (58 DCR 8616).
Beginning February 1, 2012, the Department shall issue quarterly reports on the status of the Money Follows the Person program. The report shall include the following:
(1) The number of applications submitted for Medicaid;
(2) The number of applications approved for Medicaid; and
(3) The amount of money obtained from Medicaid.
(Apr. 12, 2005, D.C. Law 15-335, § 106a, as added Sept. 26, 2012, D.C. Law 19-171, § 22, 59 DCR 6190; Sept. 26, 2012, D.C. Law 19-171, § 23, 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 19-171 substituted "the Department shall" for "DYRS shall".
Legislative History of Laws
For history of Law 19-171, see notes under § 2-218.13.
(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this subchapter.
(b) The Mayor may execute contracts, grants, and other legally binding documents to implement the provisions of this subchapter.
(Apr. 12, 2005, D.C. Law 15-335, § 107, 52 DCR 2025.)
HISTORICAL AND STATUTORY NOTES
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2 of Oak Hill Construction Streamlining Temporary Amendment Act of 2006 (D.C. Law 16-136, June 16, 2006, law notification 53 DCR 5764).
Emergency Act Amendments
For temporary (90 day) addition, see § 107 of Department of Youth Rehabilitation Services Establishment Emergency Act of 2004 (D.C. Act 15-657, December 29, 2004, 52 DCR 481).
For temporary (90 day) addition, see § 107 of Department of Youth Rehabilitation Services Establishment Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-58, March 17, 2005, 52 DCR 3182).
For temporary (90 day) amendment of section, see § 2 of Oak Hill Construction Streamlining Emergency Amendment Act of 2006 (D.C. Act 16-332, March 23, 2006, 53 DCR 2594).
Legislative History of Laws
For Law 15-335, see notes following § 2-1515.01.
(a) All real or personal property, leased or assigned to the Department of Human Services on behalf of the Youth Services Administration, positions, assets, records, and obligations, and all unexpended balances of appropriations, allocations, and other funds available or to be made available relating to those powers, duties, functions and operations of the Department of Human Services as set forth in, and utilized to carry out, section III (S) and III (W) of Reorganization Plan No. 3 of 1986, effective January 3, 1987, relating to the Youth Services Administration are hereby transferred to the Department.
(b) All of the authority and functions of the Department of Human Services as set forth in section III (S) and III (W) of Reorganization Plan No. 3 of 1986, effective January 3, 1987, relating to the Youth Services Administration are hereby transferred to the Department.
(c) All real and personal property, Career and Excepted Service, Management Supervisory Service, trainee positions, assets, records, obligations, and all unexpended balances of appropriations, allocations, and other funds available or to be made available relating to the powers, duties, functions, operations, and administration of the Youth Services Administration shall become the property of the Department.
(d) All real and personal property, positions, assets, records, and obligations, and all unexpended balances of appropriations, allocations, and other funds available or to be made available relating to the powers, duties, functions, and operations of the "Compact Administrator" of the Interstate Compact on the Placement of Children, as authorized by subchapter II of Chapter 14 of Title 4, shall become the property of the Department.
(e) All positions, real and personal property, assets, records, and obligations, and all unexpended balances of appropriations, allocations, and other funds available or to be made available relating to the powers, duties, functions, and operations of the Youth Services Administration of the Department of Human Services in operating and regulating secure and residential facilities, juvenile justice services, programs, and supports, shall be transferred to the Department.
(f) The Department shall recognize and bargain with collective bargaining representatives that have been duly certified by the Public Employee Relations Board and shall assume and be bound by all existing collective bargaining agreements entered into by the Youth Services Administration of the Department of Human Services, if those agreements have been approved by the Council, unless Council approval is not required by law, and, during a control year, as defined in § 47-393(4), the District of Columbia Financial Responsibility and Management Assistance Authority.
(g) Every employee of the Youth Services Administration shall be transferred to the Department. An employee transferred to the Department shall be transferred in the same classification he or she held at the Department of Human Services, Youth Services Administration, or other department, at the time of the transfer. Subject to the District's authority to convert them to the Management Supervisory Service and the Legal Service consistent with Chapter 6 of Title 1, transferred employees shall retain all rights and privileges related to their individual pay and benefits, including retirement status, so long as the employee is continuously employed by the Department or the District government, including any applicable rights and privileges provided for in § 44-906.
(h) The following rules and regulations pertaining to the licensing, oversight, and regulation of residential placement facilities for detained, delinquent youth and PINS shall remain in full force and effect unless and until repealed or superseded by action of the Department:
(1) Chapter 62 of Title 29 of the District of Columbia Municipal Regulations (Licensing of Youth Shelters, Runaway Shelters, Emergency Care Facilities and Youth Group Homes); provided, that the Department shall perform all functions that Chapter 62 vests in the Department of Human Services, Youth Services Administration, and as the contracting entity shall perform all services, licensure, oversight and investigations placement, and monitoring functions previously performed by the Department of Human Services, Youth Services Administration, pursuant to the authority granted by Chapter 21 of Title 7, except those functions which have been delegated, under the discretion of the Director of the Department, by memoranda of understanding or agreement.
(2) Chapter 63 of Title 29 of the District of Columbia Municipal Regulations (Licensing of Independent Living program for Adolescents and Young Adults); provided, that the Department shall perform all functions that Chapter 63 vests in the Department of Human Services, Youth Services Administration, and as the contracting entity shall perform all services, licensure, oversight and investigations placement, and monitoring functions previously performed by the Department of Human Services, Youth Services Administration, except those functions which have been delegated, under the discretion of the Director of the Department, by memoranda of understanding or agreement.
(3) Chapter 12 of Title 29 of the District of Columbia Municipal Regulations (Community Placement of Juvenile Offenders); provided, that the Department shall perform all functions that Chapter 12 vests in the Department of Human Services, Youth Services Administration, except those functions which have been delegated, under the discretion of the Director of the Department, by memoranda of understanding or agreement.
(Apr. 12, 2005, D.C. Law 15-335, § 108, 52 DCR 2025.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition, see § 108 of Department of Youth Rehabilitation Services Establishment Emergency Act of 2004 (D.C. Act 15-657, December 29, 2004, 52 DCR 481).
For temporary (90 day) addition, see § 108 of Department of Youth Rehabilitation Services Establishment Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-58, March 17, 2005, 52 DCR 3182).
Legislative History of Laws
For Law 15-335, see notes following § 2-1515.01.
The Department is the successor in interest to all committed and detained youth and Person in Need of Supervision related authority delegated to the Department of Human Services, and the Director of the Department is authorized to act, either personally or through a designated representative, as a member of any committees, commissions, boards, or other bodies that include as a member the Director of the Department of Human Services.
(Apr. 12, 2005, D.C. Law 15-335, § 109, 52 DCR 2025.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition, see § 109 of Department of Youth Rehabilitation Services Establishment Emergency Act of 2004 (D.C. Act 15-657, December 29, 2004, 52 DCR 481).
For temporary (90 day) addition, see § 109 of Department of Youth Rehabilitation Services Establishment Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-58, March 17, 2005, 52 DCR 3182).
Legislative History of Laws
For Law 15-335, see notes following § 2-1515.01.
All organizational orders and parts of orders in conflict with any of the provisions of this title are repealed, except that any regulations adopted or promulgated by virtue of the authority granted by these orders shall remain in force until properly revised, amended, or repealed.
(Apr. 12, 2005, D.C. Law 15-335, § 110, 52 DCR 2025.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition, see § 110 of Department of Youth Rehabilitation Services Establishment Emergency Act of 2004 (D.C. Act 15-657, December 29, 2004, 52 DCR 481).
For temporary (90 day) addition, see § 110 of Department of Youth Rehabilitation Services Establishment Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-58, March 17, 2005, 52 DCR 3182).
Legislative History of Laws
For Law 15-335, see notes following § 2-1515.01.
