(Sept. 23, 1977, D.C. Law 2-22, title III, § 301, 24 DCR 3341; Mar. 16, 1995, D.C. Law 10-227, § 2(b), 42 DCR 4; Apr. 4, 2001, D.C. Law 13-277, § 2(k), 48 DCR 2043.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2121.
1973 Ed., § 6-2131.
Emergency Act Amendments
For temporary (90 day) enactments, see §§ 5192, 5193 of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).
For temporary (90 day) enactments, see §§ 5192, 5193 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).
For temporary (90 day) enactments, see §§ 5192, 5193 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).
Legislative History of Laws
For legislative history of D.C. Law 2-22, see Historical and Statutory Notes following § 4-1301.02.
For legislative history of D.C. Law 10-227, see Historical and Statutory Notes following § 4-1301.09.
For D.C. Law 13-277, see notes following § 4-1301.02
Miscellaneous Notes
For applicability of D.C. Law 13-277, see note following § 4-1303.01a.
Short title: Section 5192 of D.C. Law 16-192 provided that subtitle M of title V of the act may be cited as the "Assessment of District Programs to Prevent Child Abuse and Neglect Act of 2006".
Sections 5192 and 5193 of D.C. Law 16-192 provided:
"Sec. 5192. Definitions.
"For the purposes of this subtitle, the term:
"(1) 'Primary prevention' means activities and services provided to families that are designed to prevent or reduce the prevalence of child abuse and neglect before signs of abuse or neglect may be present.
"(2) 'Secondary prevention' means activities and services provided to persons identified by etiological studies because of their propensity to abuse or neglect children in their care. Secondary prevention strategies target children who are identified as being at risk of abuse or neglect and are designed to intervene at the earliest warning signs of abuse or neglect.
"Sec. 5193. Status of abuse and neglect prevention programs.
"(a) The Mayor shall convene a working group to assess child abuse and neglect prevention programs in the District. The working group shall:
"(1) Take an inventory of all current public and private programs for the prevention of child abuse and neglect, including:
"(A) All primary prevention programs servicing the District;
"(B) All secondary prevention programs servicing the District;
"(C) All sources of local, federal, and private funding for each program; and
"(D) A determination of whether each program's services are evaluated for effectiveness; and
"(2) Perform a gap analysis to identify where these programs are:
"(A) Meeting, or failing to meet, the primary prevention needs of the District;
"(B) Meeting, or failing to meet, the secondary prevention needs of the District; and
"(C) Duplicating services identified in the inventory.
"(b) The inventory and gap analysis shall be completed, submitted to the Council, and made available to the public no later than December 31, 2006."
Delegation of Authority
Delegation of authority pursuant to title XXIII (Section 2352(a)) of Public Law 97-35, the "Omnibus Budget Reconciliation Act, to Deliver Social Services Block Grant Funded Homemaker Services for Individuals and Families who are in Need of or Receiving Protective Services", see Mayor's Order 97-101, May 28, 1997 (44 DCR 3529).
(a) There is established as a separate Cabinet-level agency, subordinate to the Mayor, the Child and Family Services Agency.
(b) The Agency shall have as its functions and purposes:
(1) Providing services that prevent family dissolution or breakdown, to avoid the need for protective services or out-of-home placements;
(2) Encouraging the reporting of child abuse and neglect;
(3) Receiving and responding to reports of child abuse and neglect;
(3A) Assessing child and family strengths and needs in response to reports of abuse and neglect;
(4) Removing children from their homes or other places, when necessary;
(5) Conducting a social service investigation of child abuse and neglect cases, immediately notifying the Metropolitan Police Department when the commission of a crime is suspected or when any person has been physically injured or placed at risk for physical injury, and cooperating with the criminal investigation;
(6) Safeguarding the rights and protecting the welfare of children whose parents, guardians, or custodians are unable to do so;
(7) Offering appropriate, adequate, and, when needed, highly specialized, diagnostic and treatment services and resources to children and families when there has been a supported finding of abuse or neglect;
(8) Ensuring the protection of children who have been abused or neglected from further experiences and conditions detrimental to their healthy growth and development;
(9) Providing parenting classes or family counseling and other services on behalf of the child designed to help parents recognize and remedy the conditions harmful to the child and to fulfill their parental roles more adequately;
(10) Obtaining substitute care for a child whose parents are unable, even with available help, to meet the child's minimum needs and, where appropriate, providing services to the family of such a child that are aimed at safely reuniting the family as quickly as possible; and
(11) Ensuring the timely permanent placement of the child consistent with the concurrent or alternative plan where reunification is not possible.
(c) Repealed.
(Sept. 23, 1977, D.C. Law 2-22, title III, § 301a, as added Apr. 4, 2001, D.C. Law 13-277, § 2(l), 48 DCR 2043; Apr. 12, 2005, D.C. Law 15-341, § 2(h), 52 DCR 2315.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 15-341, in subsec. (b), added par. (3A); and repealed subsec. (c), which had read as follows:
"(c) Not later than January 15, 2002, the Mayor shall recommend to the Council a new name for the Agency other than Child and Family Services Agency."
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2 of Child and Family Services Agency Personnel Transfer Emergency Act of 2001 (D.C. Act 14-123, August 3, 2001, 48 DCR 7716).
Legislative History of Laws
For D.C. Law 13-277, see notes following § 4-1301.02.
For Law 15-341, see notes following § 4-1301.02.
Miscellaneous Notes
Section 4 of D.C. Law 13-277 provides:
"Sec. 4. Applicability.
"(a) Except as provided in subsections (b) and (c) of this section, all provisions of this act shall apply upon the termination of the receivership in the case of LaShawn A., et al. v. Anthony Williams, et al., C.A. No. 89-1754 (TFH), in the United States District Court for the District of Columbia."
"(b) The following sections of this act relating to the Social Services Division of the Superior Court of the District of Columbia shall apply in accordance with the terms and conditions provided in any memorandum of understanding between the Mayor and the Chief Judge of the Superior Court of the District of Columbia, or on or before October 1, 2001, if possible: 2(g)(2), 2(h)(1)(B), 2(h)(2)(B), 2(h)(3)(B), 2(o)(6)(B), 2(t)(1)(B), 2(t)(2)(B), 2(v)(2), 2(v)(3), 3(a)(2)(A), 3(a)(3), 3(a)(4), 3(a)(5), and 3(a)(6).
"(c) Section 3(d) shall apply as of October 1, 2001."
(Sept. 23, 1977, D.C. Law 2-22, title III, § 302, 24 DCR 3341; Apr. 4, 2001, D.C. Law 13-277, § 2(m), 48 DCR 2043.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2122.
1973 Ed., § 6-2132.
Legislative History of Laws
For legislative history of D.C. Law 2-22, see Historical and Statutory Notes following § 4-1301.02.
For D.C. Law 13-277, see notes following § 4-1301.02
Miscellaneous Notes
For applicability of D.C. Law 13-277, see note following § 4-1303.01a.
(a) The Agency shall be administered by a full-time Director appointed by the Mayor and confirmed by the Council. The Director shall be qualified by experience and training to carry out the purposes of this subchapter.
(b) The Director shall report directly to the Mayor.
(c) The Director shall be responsible for all child and family services provided by the Agency, and for monitoring child and family services provided by contract or compact with the Agency.
(d) The Agency shall have sufficient staff, supervisory personnel, and resources to accomplish the purposes of this subchapter, including the capacity to provide emergency and continuing service resources to the children and families covered by this subchapter.
(e) Staff qualifications, caseload levels, and supervision requirements of the Agency in the public and private delivery of services shall be guided by nationally accepted standards of best practice, such as those developed by the Child Welfare League of America, and shall be published in the District of Columbia Register for public comment.
(f) The Agency shall be the successor in interest to the Child and Family Services Agency under receivership in the case of LaShawn A., et al. v. Anthony Williams, et al., C. A. No. 89-1754 (TFH), in the United States District Court for the District of Columbia. All real and personal property, Career Service and Management Supervisory Service 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, operations, and administration of the Child and Family Services Agency under receivership in LaShawn A., et al. v. Anthony Williams, et al., shall become the property of the Agency on the date of termination of the receivership. The provisions of this subchapter are intended to be consistent with all outstanding orders of the United States District Court in the LaShawn A, et al. v. Anthony Williams, et al., case.
(g) 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 Department of Human Services as the "appropriate authority," under § 4-1421 for children who have been abused or neglected, shall become the property of the Agency by October 1, 2001.
(h) 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 Department of Health in regulating child placement agencies and foster and group homes for children who have been abused or neglected shall be transferred to the Agency by October 1, 2001.
(i) All records and agreed-upon positions, obligations, and unexpended balances of appropriations, allocations, and other funds available or to be made available relating to the powers, duties, functions and operations of the Social Services Division of the Superior Court of the District of Columbia concerning children who have been abused or neglected shall, subject to any approvals required of the United States Congress, be transferred to the Agency in accordance with the terms and conditions provided in any memorandum of understanding between the Mayor and the Chief Judge of the Superior Court of the District of Columbia. This transfer shall be completed on or before October 1, 2001, if possible.
(j) Expired.
(Sept. 23, 1977, D.C. Law 2-22, title III, § 302a, as added Apr. 4, 2001, D.C. Law 13-277, § 2(n), 48 DCR 2043; Mar. 19, 2002, D.C. Law 14-94, § 2, 49 DCR 658.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 14-94 added subsec. (j).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2 of Child and Family Services Agency Licensure Exemption of Certain Court Personnel Emergency Amendment Act of 2001 (D.C. Act 14-150, October 23, 2001, 48 DCR 10200).
For temporary (90 day) amendment of section, see § 2 of Child and Family Services Agency Licensure Exemption of Certain Court Personnel Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-239, January 28, 2002, 49 DCR 1022).
Legislative History of Laws
For D.C. Law 13-277, see notes following § 4-1301.02.
Law 14-94, the "Child and Family Services Agency Licensure Exemption of Certain Court Personnel Amendment Act of 2001", was introduced in Council and assigned Bill No. 14-379, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on December 4, 2001, and December 18, 2001, respectively. Signed by the Mayor on January 8, 2002, it was assigned Act No. 14-223 and transmitted to both Houses of Congress for its review. D.C. Law 14-94 became effective on March 19, 2002.
Editor's Notes
Pursuant to its own terms, subsec. (j) expired on October 1, 2004.
Miscellaneous Notes
For applicability of D.C. Law 13-277, see note following § 4-1303.01a.
Section 7038 of D.C. Law 17-219 repealed section 3 of D.C. Law 14-94.
(a) The Director of the Agency shall have the following duties and powers, any of which may be contracted for, as appropriate, with private or other public agencies:
(1) Receive and investigate reports of abuse or neglect as provided in subchapter II of this chapter, § 4-1301.04 and § 4-1301.06 and assist in the determination of the need for the removal of an abused or neglected child as provided in § 4-1301.07;
(2) Within 90 days of taking a child into custody pursuant to § 4- 1303.04(c)(1), return the child to the home or to request that the Office of the Attorney General file a neglect petition in the Family Division of the Superior Court of the District of Columbia;
(3) To maintain a program of treatment and services for families of neglected and abused children including services designed to help children, where safe and appropriate, return to families from which they have been removed;
(4)(A) To prepare annually a plan for child protective services, which shall be reviewed and commented on by the Mayor's Committee on Child Abuse and Neglect, and which shall:
(i) Describe the Agency's implementation of the Adoption and Safe Families Amendment Act of 2000, effective June 27, 2000 (D.C. Law 13-136; 47 DCR 2850), including its organization, staffing, method of operations and financing, and programs and procedures for the receipt, investigation and verification of reports;
(ii) Describe the provisions for the determination of protective services and the treatment of ameliorative service needs, and the provision of such services;
(iii) State the guidelines for referrals to the Family Division of the Superior Court of the District of Columbia; and
(iv) State the provisions for monitoring, evaluation, and planning.
(B) The first plan shall be made available to the public within 90 days of June 27, 2000;
(5) To encourage and assist in the formation of child abuse and neglect teams in hospitals, health and mental health clinics, and other appropriate facilities in the District of Columbia; and
(6) To take whatever additional actions are necessary to accomplish the purposes of the Adoption and Safe Families Amendment Act of 2000, effective June 27, 2000 (D.C. Law 13-136; 47 DCR 2850).
(7) To provide services to families and children who are eligible for such services, consistent with the requirements of this subchapter, through programs of services to families with children, child protective services, foster care, and adoption;
(8) To maintain a 24-hour, 7-days-a-week intake component to receive reports of suspected child abuse or neglect. The intake component shall be staffed at all times by workers specially trained in intake and crisis intervention and shall maintain:
(A) The capacity for receiving reports and for responding promptly with investigation and emergency services;
(B) A widely publicized telephone number for receiving reports at all times; and
(C) Sufficient telephone lines and qualified staff so that all calls will be answered immediately by a trained worker;
(9) To receive reports of suspected child abuse and neglect;
(10) To conduct a social service investigation of alleged child abuse and neglect cases, including joint investigation with the Metropolitan Police Department;
(11) To provide and maintain, for families of children who have been abused or neglected, a program of treatment and services designed to promote the safety of children, reunification of families, and timely permanent placements;
(12) Repealed.
(13) To provide protective service clients appropriate services necessary for the preservation of families, or to contract with private or other public agencies for the purpose of carrying out this duty. These services may include:
(A) Emergency financial aid;
(B) Emergency caretakers;
(C) Homemakers;
(D) Family shelters;
(E) Emergency foster homes;
(F) Facilities providing medical, psychiatric, and other therapeutic services;
(G) Day care;
(H) Parent aides;
(I) Lay therapists; and
(J) Respite care;
(14) To offer rehabilitative services to the child's family in an effort to reunify the family when a child has been adjudicated a neglected child and placed in foster care;
(15) To immediately, upon court direction, implement the concurrent or alternative plan for the permanent placement of a child when time-limited family reunification services, as defined in § 4-1301.02(19), have failed to reunite a child in foster care with his or her family or when D.C. Code § 16-2354 applies;
(16)(A) To request from a consumer reporting agency that compiles and maintain files on consumers on a nationwide basis and is nationally ranked among the top 3 such agencies, the disclosure of file information pursuant to section 609 of the federal Fair Credit Reporting Act, approved October 26, 1970 (84 Stat. 1131; 15 U.S.C. § 1681g), on behalf of a ward of the Agency under the age of 18 years to determine whether identify theft has occurred, when:
(i) An adoption petition has been filed in the Superior Court of the District of Columbia;
(ii) A motion for guardianship has been filed in the Superior Court of the District of Columbia; or
(iii) The Agency anticipates that the jurisdiction of the Family Court of the Superior Court of the District of Columbia will be terminated.
(B) The Agency shall provide the disclosed file information to the ward's guardian ad litem within 30 days of obtaining the results.
(C) For a ward over the age of 18 years, the Agency shall assist the ward if the ward wants to obtain disclosure of file information prior to the termination of the jurisdiction of the Family Court of the Superior Court of the District of Columbia.
(D) If the Agency determines that disclosed file information indicates that identity theft may have occurred, the Agency shall refer the ward to an approved organization that provides credit counseling to victims of identity theft; provided, that the Agency shall not be responsible for providing assistance beyond a referral.
(E) Within 120 days of May 27, 2010, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this paragraph. The proposed rules shall be submitted to the Council for a 30-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within the 30-day review period, the proposed rules shall be deemed approved; and
(17) To establish and maintain the Voluntary Foster Care Registry, established pursuant to § 4-1303.08 as a post-care service, for individuals 18 years or older who were or currently are respondents in a child abuse or neglect case under Chapter 23 of Title 16 and for their immediate birth family members, as defined in § 4-1303.08(g).
(a-1) The Director of the Agency shall have the following additional duties and powers:
(1) To take into custody and place in shelter care, in accordance with subchapter I of Chapter 23 of Title 16, children who have been abused or neglected;
(2) To develop and test innovative models of practice consistent with the purposes of this subchapter;
(3) To develop programs that deliver a broad range of child and family services, including programs that involve the participation of community and neighborhood-based groups in prevention and intervention services;
(3A)(A) To issue grants to community and neighborhood-based groups for programs that deliver prevention and intervention services; provided, that the Director submits an annual report to the Council that includes the recipient, amount, purpose, and term of each grant issued, and a description of outcomes to be achieved and an evaluation of whether or not those outcomes have been achieved for each grant issued.
(B) A grant in excess of $1 million shall be submitted to the Council for approval in accordance with § 1-204.51.
(4) To facilitate:
(A) Permanent placement of a child, including reunification with original caretakers where such placement is consistent with the child's safety;
(B) Permanent placement with relatives; and
(C) Adoptive placement, as appropriate;
(5) To facilitate meetings for a child in foster care with parents, siblings, relatives, and extended family members;
(6) To provide other programs and services that are consistent with the purposes of this subchapter;
(7) To monitor and evaluate services to and needs of abused and neglected children and their families;
(8) To be the personnel authority for all employees of the Agency, including the exercise of full authority to hire, retain, and terminate personnel, consistent with Chapter 6 of Title 1;
(9) By delegation from the Mayor, and independent of the Office of Contracting and Procurement, to exercise procurement authority to carry out the purposes of the Agency, including contracting and contract oversight, consistent with Chapter 3A of Title 2; except, that § 2-352.01(a) shall not apply;
(10) Starting not later than October 1, 2001, and notwithstanding the licensing powers and responsibilities given to other District agencies and officials in subchapters I-A and I-B of Chapter 28 of Title 47, to be the exclusive agency to regulate foster and group homes for children who have been abused or neglected and to regulate child placement agencies for these children. For the purposes of this paragraph, the term "regulate" means all licensing, and related functions, except fire inspections and the issuance of certificates of occupancy and all inspections relating to those certificates;
(11) Starting not later than October 1, 2001, to be the "appropriate authority," under § 4-1421 for children who have been abused or neglected;
(12) To adopt regulations to carry out the purposes of this subchapter, in accordance with Chapter 5 of Title 2; and
(13) To take whatever additional actions are necessary to accomplish the purposes of this subchapter.
(b) The Agency, or the person or agency the Agency contracts with, shall:
(1) When a child is at risk of being removed from his or her home because of child abuse or neglect, provide family preservation services designed to help the child remain safely with his or her family;
(2) When a child has been adjudicated a neglected child and committed to the Agency, offer rehabilitative services to the child's family including time-limited family reunification services designed to help child, where safe and appropriate, return to the family from which he or she has been removed;
(3) When time-limited family reunification services have failed to reunite a committed child and his or her family, take steps to implement a permanent plan of adoption or an alternative permanent plan for the child;
(4) Establish or attempt to secure priority access for protective service clients, by contract or agreement with private organizations, other public agencies, or other Agency units, to services necessary for the preservation or reunification of families which may include, but not be limited to:
(A) Emergency financial aid;
(B) Emergency caretakers;
(C) Homemakers;
(D) Family shelters and housing assistance;
(E) Emergency foster homes;
(F) Mental health services, including facilities providing medical, psychiatric, or other therapeutic services;
(G) Day care;
(H) Parent aides and lay therapists;
(I) Domestic violence services;
(J) Respite care; and
(K) Substance abuse assessment and treatment;
(5) Monitor and evaluate the services to, and the needs of, neglected children and their families;
(6) Compile and publish training materials; and
(7) Provide technical assistance on neglect prevention, identification, and treatment;
(8) Develop and implement, as soon as possible, standards that provide for quality services that protect the safety and health of children, for children who are removed from their homes;
(9) Develop and operate programs of family preservation services, family support services, time-limited family reunification services, and adoption promotion and support services;
(9A) Offer meeting facilitation services for extended family members when appropriate to meet permanency and safety goals as established by the Adoption and Safe Families Amendment Act of 2000, effective June 27, 2000 (D. C. Law 13- 136; 47 DCR 2850);
(9B) Develop procedures and practices for cooperation and joint activities with the Metropolitan Police Department; and
(10) Prepare and submit to the Mayor, the Council, and the public a report to be submitted no later than February 1 of each year; which shall include:
(A) A description of the specific actions taken to implement the Adoption and Safe Families Amendment Act of 2000, effective June 27, 2000 (D.C. Law 13-136; 47 DCR 2850);
(B) A full statistical analysis of cases including:
(i) The total number of children in care, their ages, legal statuses, and permanency goals;
(ii) The number of children who entered care during the previous year (by month), their ages, legal statuses, and the primary reasons they entered care;
(iii) The number of children who have been in care for 24 months or longer, by their length of stay in care, including:
(I) A breakdown in length of stay by permanency goal;
(II) The number of children who became part of this class during the previous year; and
(III) The ages and legal statuses of these children;
(iv) The number of children who left care during the previous year (by month), the number of children in this class who had been in care for 24 months or longer, the ages and legal statuses of these children, and the reasons for their removal from care; and
(v) The number of children who left care during the previous year, by permanency goal; their length of stay in care, by permanency goal; the number of children whose placements were disrupted during the previous year, by placement type; and the number of children who re-entered care during the previous year;
(C) An analysis of any difficulties encountered in reaching the goal for the number of children in care established by the District;
(D) An evaluation of services offered, including specific descriptions of the family preservation services, community-based family support services, time-limited family reunification services, and adoption promotion and support services including:
(i) The service programs which will be made available under the plan in the succeeding fiscal year;
(ii) The populations which the program will serve; and
(iii) The geographic areas in which the services will be available;
(E) An evaluation of the Agency's performance;
(F) Recommendations for additional legislation or services needed to fulfill the purpose of the Adoption and Safe Families Amendment Act of 2000, effective June 27, 2000 (D.C. Law 13-136; 47 DCR 2850); and
(G) The comments submitted by a multidisciplinary committee that works to prevent child abuse and neglect and which the Mayor designates to receive and comment on the report.
(11) At all stages of a neglect case, the presumption shall be that a child will attend the same school that he or she would have attended but for the child's removal from his or her home, unless the Agency determines that it is not in the child's best interest to do so. The Agency shall determine the child's best interest in consultation with parents, when feasible, the child, resource providers, guardian ad litems, and other significant persons.
(c) The Director of the Agency shall implement the Protection of Children from Exposure to Drug-related Activity Amendment Act of 1989, effective March 15, 1990 (D.C. Law 8-87; 37 DCR 50). The Chief of the Division and the Director of the Department of Human Services shall provide the services authorized pursuant to this section to a child who is abused as a result of inadequate care, control, or diminished subsistence due to exposure to drug-related activity.
(d) The safety of the children being served shall be the paramount concern of the Agency in administering and conducting its duties and responsibilities under this section.
(Sept. 23, 1977, D.C. Law 2-22, title III, § 303, 24 DCR 3341; Mar. 15, 1990, D.C. Law 8-87, § 3(e), 37 DCR 50; June 27, 2000, D.C. Law 13-136, § 201(d), 47 DCR 2850; Apr. 4, 2001, D.C. Law 13-277, § 2(o), 48 DCR 2043; Oct. 26, 2001, D.C. Law 14-42, § 13, 48 DCR 7612; Apr. 12, 2005, D.C. Law 15-341, § 2(i), 52 DCR 2315; Apr. 13, 2005, D.C. Law 15-354, § 95, 52 DCR 2638; July 18, 2008, D.C. Law 17-199, § 2, 55 DCR 6285; May 27, 2010, D.C. Law 18-162, § 2(b), 57 DCR 3029; Sept. 24, 2010, D.C. Law 18-230, § 301(a), 57 DCR 6951; Mar. 12, 2011, D.C. Law 18-312, § 2(b), 57 DCR 12398; July 13, 2012, D.C. Law 19-162, § 2, 59 DCR 5713; Sept. 26, 2012, D.C. Law 19-171, §§ 35, 208, 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2123.
1973 Ed., § 6-2133.
Effect of Amendments
D.C. Law 13-136 rewrote this section, which previously read:
"(a) The Chief of the Division shall have the following duties and responsibilities, any of which may be contracted for with private or other public agencies:
"(1) To receive and investigate reports of neglect as provided in § 103 of this act, and §§ 6-2102 and 6-2104 and to assist in the determination of the need for the removal of an abused child as provided in § 6-2105;
"(2) Within 90 days of taking a child into custody pursuant to paragraph (1) of subsection (c) of § 6-2124, to return the child to the home or to request the filing of a neglect petition in the Family Division of the Superior Court of the District of Columbia;
"(3) To maintain a program of treatment and services for families of neglected and abused children;
"(4) To prepare annually a plan for child protective services which shall be reviewed and commented on by the Mayor's Committee on Child Abuse and Neglect. The plan shall:
"(A) Describe the Division's implementation of this act, including its organization, staffing, method of operations and financing, and programs and procedures for the receipt, investigation and verification of reports;
"(B) Describe the provisions for the determination of protective and the treatment of ameliorative service needs, and the provision of such services;
"(C) State the guidelines for referrals to the Family Division of the Superior Court of the District of Columbia; and
"(D) State the provisions for monitoring, evaluation and planning. The 1st plan shall be made available to the public within 90 days of September 23, 1977;
"(5) To encourage and assist in the formation of child abuse/neglect teams in hospitals, health and mental health clinics and other appropriate facilities in the District of Columbia; and
"(6) To take whatever additional actions are necessary to accomplish the purposes of this act.
"(b) The Director of the Department of Human Services, in addition to his or her other responsibilities, shall have the following duties and responsibilities, any of which may be contracted for with private or other public agencies:
"(1) When a child has been adjudicated a neglected child and committed to the Department of Human Services, to offer rehabilitative services to the child's family;
"(2) When rehabilitative services have failed to reunite a committed child and his or her family within a reasonable time, to prepare a permanent plan for the child;
"(3) To establish or attempt to secure priority access for protective service clients, by contract or agreement with private organizations, other public agencies, or other Department of Human Services units, to services necessary for the preservation or reunification of families. These services may include but shall not be limited to:
"(A) Emergency financial aid;
"(B) Emergency caretakers;
"(C) Homemakers;
"(D) Family shelters;
"(E) Emergency foster homes;
"(F) Facilities providing medical, psychiatric or other therapeutic services;
"(G) Day care;
"(H) Parent aides/lay therapists;
"(4) To monitor and evaluate services to and needs of neglected children and their families;
"(5) To compile and publish training materials and provide technical assistance on neglect prevention, identification and treatment; and
"(6) To prepare and submit to the Mayor, the Council of the District of Columbia, and the public an annual report which shall include a description of the specific actions taken to implement this act and an evaluation of the Division's performance. The report shall include a full statistical analysis of case reports received, an evaluation of services offered, recommendations for additional legislation or services needed to fulfill the purposes of this act and the comments submitted by the Mayor's Interagency Interdepartmental Committee on Abuse and Neglect. The 1st report shall be submitted not later than 1 year and 90 days after September 23, 1977.
"(c) The Chief of the Division and the Director of the Department of Human Resources shall implement the Protection of Children from Exposure to Drug-related Activity Amendment Act of 1989. The Chief of the Division and the Director of the Department of Human Services shall provide the services authorized pursuant to this section to a child who is abused as a result of inadequate care, control, or subsistence due to exposure to drug-related activity."
D.C. Law 13-277 rewrote the section heading which had read: "Duties and Responsibilities"; in subsec. (a), rewrote the lead-in sentence which had read: "The Chief of the Division, or the person or agency that contracts with the department for these services shall:", in par. (4)(A)(i), substituted "Agency's" for "Division's", and added pars. (7) to (15); added subsec. (a-1); in subsec. (b), in the lead-in sentence, substituted "Agency, or the person or agency the Agency contracts with" for "Director of the Department of Human Services, or the person or agency the department contracts with", in pars. (2) and (4), substituted "Agency" for "Department of Human Services", and in par. (10(E), substituted "Agency's" for "Division's"; in subsec. (c), substituted "Director of the Agency" for "Chief of the Division and the Director of the Department of Human Services"; and, in subsec. (d), substituted "Agency" for "Department of Human Services", and deleted "and the Child Abuse Unit of the Social Services Division of the Superior Court of the district of Columbia" preceding "in administering".
D.C. Law 14-42 validated a previously made technical correction in subsec. (d).
D.C. Law 15-341, in subsec. (a)(1), substituted "abuse or neglect" for "neglect" and substituted "abused or neglected" for "abused"; in subsec. (a)(2), substituted "that the Office of the Attorney General file" for "the filing of"; rewrote subsecs. (a-1)(5), (b)(4)(D), and (b)(4)(F); deleted 'and" from the end of (b)(4)(G); added subsecs. (b)(4)(I), (J), and (K); deleted 'and" from the end of (b)(9); added subsecs. (b)(9A) and (9B); rewrote subsec. (b)(10)(B)(iii); deleted 'and" from the end of subsec. (b)(10)(B)(iv); and added subsec. (b)(10)(B)(v). Prior to amendment, subsecs. (a-1)(5), (b)(4)(D), (b)(4)(F), and (b)(10)(B)(iii) read as follows:
"(5) To facilitate meetings for a child in foster care with extended family members;"
"(D) Family shelters;"
"(F) Facilities providing medical, psychiatric, or other therapeutic services;"
"(iii) The number of children who have been in care for 24 months or longer, the number of children who became part of this class during the previous year, and the ages and legal statuses of these children; and"
D.C. Law 15-354 repealed par. (12) of subsec. (a) which had read as follows:
"(12) To encourage and assist in the formation of child abuse and neglect teams in hospitals, health and mental health clinics, and other appropriate facilities in the District of Columbia;".
D.C. Law 17-199, in subsec. (a-1), added par. (3A).
D.C. Law 18-162, in subsec. (a), deleted "and" from the end of par. (14); substituted "; and" for a period at the end of par. (15), and added par. (16).
D.C. Law 18-230, in subsec. (a), deleted "and" from the end of par. (15); substituted "; and" for a period at the end of par. (16), and added par. (17).
D.C. Law 18-312 added subsec. (b)(11).
D.C. Law 19-162 added subsecs. (a)(18) and (19).
D.C. Law 19-171 validated previously made technical corrections in the designation of subsecs. (a)(15), (16), and (17); and, in subsec. (a-1)(9), substituted "consistent with Chapter 3A of Title 2; except, that § 2-352.01(a) shall not apply" for "consistent with unit A of Chapter 3 of Title 2, except § 2-301.05(a), (b), (c), and (e)".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 201(d) of Adoption and Safe Families Temporary Amendment Act of 1999 (D.C. Law 13-56, March 7, 2000, law notification 47 DCR 1978).
For temporary (225 day) amendment of section, see § 2 of Child and Family Services Grant-making Temporary Amendment Act of 2006 (D.C. Law 16-193, March 2, 2007, law notification 54 DCR 2491).
For temporary (225 day) amendment of section, see § 2 of Child and Family Services Grant-making Temporary Amendment Act of 2007 (D.C. Law 17-105, February 2, 2008, law notification 55 DCR 4257).
Emergency Act Amendments
For temporary provisions transferring to the Mayor the discretionary authority for creating monetary obligations and approving expenditures in the District of Columbia's Aid to Families With Dependent Children, Medicaid, and child abuse and neglect/foster care programs that Reorganization Plan No. 2 of 1979, Reorganization Plan No. 3 of 1986, and the Prevention of Child Abuse and Neglect Act of 1977 vested in the Department of Human Services, see § 2 of the Reorganization No. 2 of 1995 to Transfer to the Mayor Certain Discretionary Authority Vested in the Department of Human Services Emergency Act of 1995 (D.C. Act 11-103, July 21, 1995, 42 DCR 4012).
For temporary (90-day) amendment of section, see § 201(d) of the Adoption and Safe Families Emergency Amendment Act of 1999 (D.C. Act 13-117, July 28, 1999, 46 DCR 6558).
For temporary (90-day) amendment of section, see § 201(d) of the Adoption and Safe Families Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13- 178, November 2, 1999, 46 DCR 9714).
For temporary (90-day) amendment of section, see § 201(d) of the Adoption and Safe Families Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-240, January 11, 2000, 47 DCR 556).
For temporary (90 day) amendment of section, see § 4(b) of the Adoption and Safe Families Compliance Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-451, November 7, 2000, 47 DCR 9399).
For temporary (90 day) amendment of section, see § 4(b) of Adoption and Safe Families Compliance Emergency Amendment Act of 2001 (D.C. Act 14-65, June 6, 2001, 48 DCR 5721).
For temporary (90 day) amendment of section, see § 13 of Technical Amendments Emergency Act of 2001 (D.C. Act 14-108, August 3, 2001, 48 DCR 7622).
For temporary (90 day) amendment of section, see § 2 of Child and Family Services Grant-making Emergency Amendment Act of 2006 (D.C. Act 16-450, July 21, 2006, 53 DCR 6493).
For temporary (90 day) amendment of section, see § 2 of Child and Family Services Grant-making Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-522, October 27, 2006, 53 DCR 9120).
For temporary (90 day) amendment of section, see § 2 of Child and Family Services Grant-making Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-668, December 28, 2006, 54 DCR 1144).
For temporary (90 day) amendment of section, see § 2 of Child and Family Services Grant-making Emergency Amendment Act of 2007 (D.C. Act 17-167, October 19, 2007, 54 DCR 10976).
For temporary (90 day) amendment of section, see § 2 of Child and Family Services Grant-making Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-247, January 23, 2008, 55 DCR 1251).
For temporary (90 day) repeal of section 701 of D.C. Law 18-230, see § 110 of Fiscal Year 2013 Budget Support Technical Clarification Emergency Amendment Act of 2012 (D.C. Act 19-482, October 10, 2012, 59 DCR 12478).
Legislative History of Laws
For legislative history of D.C. Law 2-22, see Historical and Statutory Notes following § 4-1301.02.
For legislative history of D.C. Law 8-87, see Historical and Statutory Notes following § 4-1301.06a.
For Law 13-136, see notes following § 4-1301.02.
For D.C. Law 13-277, see notes following § 4-1301.02.
Law 14-42, the "Technical Correction Amendment Act of 2001", was introduced in Council and assigned Bill No. 14-216, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 5, 2001, and June 26, 2001, respectively. Signed by the Mayor on July 24, 2001, it was assigned Act No. 14-107 and transmitted to both Houses of Congress for its review. D.C. Law 14-42 became effective on October 26, 2001.
For Law 15-341, see notes following § 4-1301.02.
For Law 15-354, see notes following § 4-204.55.
Law 17-199, the "Child and Family Services Grant-Making Amendment Act of 2008", was introduced in Council and assigned Bill No.17-250 which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on April 1, 2008, and May 6, 2008, respectively. Signed by the Mayor on May 23, 2008, it was assigned Act No. 17-396 and transmitted to both Houses of Congress for its review. D.C. Law 17-199 became effective on July 18, 2008.
For Law 18-162, see notes following § 4-1303.03.
For Law 18-230, see notes following § 4-301.
For history of Law 18-312, see notes under § 4-1301.02.
Law 19-162, the "Foster Care Youth Employment Amendment Act of 2012", was introduced in Council and assigned Bill No. 19-691, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on April 17, 2012, and May 1, 2012, respectively. Signed by the Mayor on May 16, 2012, it was assigned Act No. 19-372 and transmitted to both Houses of Congress for its review. D.C. Law 19-162 became effective on July 13, 2012.
For history of Law 19-171, see notes under § 4-205.19m.
References in Text
The "Protection of Children from Exposure to Drug-related Activity Amendment Act of 1989", referred to in (c), is D.C. Law 8-87.
Delegation of Authority
Delegation of Authority to the Child and Family Services Agency under Section 303(a)(16)(E) of the Prevention of Child Abuse and Neglect Act of 1977, see Mayor's Order 2010-154, September 17, 2010 (57 DCR 8543).
Miscellaneous Notes
Directives and Redelegation of Authority to Assure the Continued Operation of the Aid to Families with Dependent Children, Medicaid and Child Abuse-and-Neglect/Foster Care Programs During Fiscal Year 1995: See Mayor's Order 95- 115, August 31, 1995.
For applicability of D.C. Law 13-277, see note following § 4-1303.01a.
Section 701 of D.C. Law 18-230 provides:
"Sec. 701. Applicability.
"Title III of this act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan."
The Budget Director of the Council of the District of Columbia has determined, as of February 15, 2012, that the fiscal effect of Title III of Law 18-230 has not been included in an approved budget and financial plan. Therefore, the provisions of this section, enacted by title III of Law 18-230, are not in effect.
The Budget Director of the Council of the District of Columbia has determined, as of October 10, 2012, that the fiscal effect of Title III of Law 18-230 has been included in an approved budget and financial plan. Therefore, the provisions of this section, enacted by title III of Law 18-230, are in effect. Section 110 of Emergency Act 19-482 repealed section 701 of Law 18-230.
(a) To implement the Director's authority to deliver child and family services pursuant to § 4-1303.03(a-1)(3), the Agency may financially support, in cooperation with other public and private agencies, a program of neighborhood-based services to families with children to meet permanency and safety goals set forth in the Adoption and Safe Families Amendment Act of 2000, effective June 27, 2000 (D.C. Law 13-136; 47 DCR 2850).
(b) Any program of neighborhood-based services to families with children that the Agency supports shall:
(1) Give communities, through neighborhood-based collaboratives or other organizations, the maximum opportunity to design and deliver, or arrange for the delivery of, child welfare services consistent with:
(A) The health and safety of the child;
(B) The policies and programs of the Agency; and
(C) The implementation plan in the LaShawn v. Williams case while it is in effect; and
(2) Contain measurable performance outcomes by which the programs will be evaluated in conjunction with data provided by the Agency, including:
(A) The numbers of children and families referred for services;
(B) The number of children and families provided services, along with a breakdown of the particular services provided;
(C) Subsequent referrals of children and families served by neighborhood-based programs to the Agency's child abuse and neglect reporting line; and
(D) Subsequent foster care placements for children served by neighborhood-based programs.
(3) The performance outcomes required by paragraph (2) of this subsection shall be included in the annual report to the Mayor, Council, and public required by § 4-1303.03(b)(10), and shall be incorporated into any contract between the Agency and a neighborhood-based service provider.
(c) For the purposes of this section, the term "services to families with children" means:
(1) Assistance to help a family resolve a crisis that is brought on by catastrophe, crime, death, economic deprivation, desertion, domestic violence, lack of shelter, physical or mental illness, or substance abuse, and threatens the safety and welfare of the child;
(2) Family interventions:
(A) To resolve marital and relationship conflict, family conflict, and parent-child relationship problems; and
(B) To teach parenting, and child care and development skills;
(3) Information and referral services to teach families how to locate and use community services, including health care and legal services; and
(4) Home management services to teach the management of household duties and responsibilities, including budgeting skills.
(d) In implementing partnerships with neighborhood groups, the Agency may:
(1) Report to the Mayor and Council on specific services needed but not available in sufficient number to prevent child endangerment;
(2) To the extent possible:
(A) Coordinate for families with children the delivery of day care, health, education, mental health, employment, housing, domestic violence, and other services provided by public and private agencies;
(B) Deliver services through organizations based in the neighborhoods in which the recipients live;
(C) Consult with families served by the Agency to determine appropriate services; and
(3) Share information regarding its program with the Mayor's Advisory Committee on Child Abuse and Neglect and the Mayor's Commission on Violence Against Women.
(e) The Mayor, in consultation with the Agency and in accordance with Chapter 5 of Title 2, may issues rules to implement neighborhood-based programs under this section.
(Sept. 23, 1977, D.C. Law 2-22, title III, § 303a, as added Apr. 12, 2005, D.C. Law 15-341, § 2(j), 52 DCR 2315.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 15-341, see notes following § 4-1301.02.
(a) The Agency shall establish a single reporting line to receive reports of suspected child abuse and neglect.
(b) The single reporting line shall be maintained by the Agency, with the assistance and support of the Metropolitan Police Department, and shall be staffed 24 hours a day, 7 days a week.
(c) Upon receiving reports on the single reporting line, the Agency shall:
(1) Review and screen the reports to collect relevant information from the source of the report; and
(2) Transmit the reports to the entity with responsibility under the laws of the District of Columbia, or the appropriate governmental entity in another jurisdiction, for investigation or provision of services.
(d) The Agency shall provide quarterly summaries to the Mayor and Council regarding the number and types of reports made to the single reporting line.
(e) The Mayor, with the assistance and support of the Agency and the Metropolitan Police Department and in accordance with of Chapter 5 of Title 2, shall issue rules for operating the single reporting line. The rules shall include:
(1) The mechanics and logistics of the single reporting line, including location, staffing, and equipment;
(2) The process for receiving calls, including forms and methods for the recording of information;
(3) The process for the immediate transmittal of calls to the governmental entity responsible for investigation or provision of services;
(4) Procedures for preserving the confidentiality of information and the retention of records; and
(5) Training requirements for persons staffing the single reporting line.
(Sept. 23, 1977, D.C. Law 2-22, title III, § 303b, as added Apr. 12, 2005, D.C. Law 15-341, § 2(k), 52 DCR 2315.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 15-341, see notes following § 4-1301.02.
(Sept. 23, 1977, D.C. Law 2-22, § 303c as added Mar. 3, 2010, D.C. Law 18-111, § 5151, 57 DCR 181; Sept. 14, 2011, D.C. Law 19-21, § 9065, 58 DCR 6226.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition, see § 5151 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).
For temporary (90 day) addition, see § 5151 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
Legislative History of Laws
For Law 18-111, see notes following § 4-205.19b.
For history of Law 19-21, see notes under § 4-204.07.
Miscellaneous Notes
Short title: Section 5150 of D.C. Law 18-111 provided that subtitle P of title V of the act may be cited as the "Child and Family Services Transportation Fund Amendment Act of 2009".
(a) The Agency shall track and publicly report the number of emancipating youth and families who apply for or are referred for assistance under the Rapid Housing Program, the number of youth and families who are eligible for assistance, and the number of youth and families who receive assistance.
(b) The Agency shall maintain a waiting list of emancipating youth and families who are eligible but cannot receive assistance due to insufficient funds.
(Sept. 23, 1977, D.C. Law 2-22, § 303d as added Mar. 3, 2010, D.C. Law 18-111, § 5181, 57 DCR 181; Sept. 26, 2012, D.C. Law 19-171, § 36, 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 19-171 validated a previously made technical correction in the section designation.
Emergency Act Amendments
For temporary (90 day) addition, see § 5181 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).
For temporary (90 day) addition, see § 5181 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
Miscellaneous Notes
Short title: Section 5180 of D.C. Law 18-111 provided that subtitle S of title V of the act may be cited as the "Child and Family Services Rapid Housing Assistance Amendment Act of 2009".
Legislative History of Laws
For Law 18-111, see notes following § 4-205.19b.
For history of Law 19-171, see notes under § 4-205.19m.
(a) All children in the custody of the Agency 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 with the Agency or a placement disruption. Through rulemaking, the Mayor may reduce the number of days within which a behavioral health screening and behavioral health assessment are required.
(b) The Agency shall connect all children who are assessed as being in need of behavioral health care to an appropriate behavioral health service.
(c) The Agency shall provide the behavioral health resource guide for parents and legal guardians and the behavioral health resource guide for youth created pursuant to § 7-1131.18 to families of children in Agency custody.
(Sept. 23, 1997, D.C. Law 2-22, § 303e, as added June 7, 2012, D.C. Law 19-141, § 505(b), 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 § 4-1301.02.
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) Repealed.
(b) When an investigation indicates that a child has been left alone or with inadequate supervision, the Agency is authorized to make a temporary custodial placement of the child; provided, that:
(1) Notice is left for the parent or custodian which shall state the procedure for reclaiming the child;
(2) Efforts continue to locate the parent;
(3) The child is returned forthwith upon the request of the parent or custodian, unless there is additional evidence of immediate danger to the child and police action is taken pursuant to § 16-2309(3) or (4); and
(4) A complaint alleging neglect is filed with the Superior Court of the District of Columbia:
(A) At the end of 5 days if the parent or custodian fails to claim the child within that time; or
(B) Immediately upon the discovery of additional evidence of immediate danger to the child.
(c) When an investigation made pursuant to § 4-1301.04 or § 4-1301.05 indicates that a child is an abused or a neglected child and when it has been determined that the child cannot be adequately protected by any of the services set forth in § 4-1303.03(a)(7) or (b) of this section or by any other services, the Director of the Agency is authorized to:
(1) Remove the child with the consent of the parent, guardian, or other person acting in loco parentis;
(2) Request the Corporation Counsel of the District of Columbia to petition the Family Division of the Superior Court of the District of Columbia for a finding of abuse or neglect and, where appropriate, the removal of the child; and
(3) Request the police to remove the child when the consent of a parent, guardian or other custodian cannot be obtained and the need to protect the child does not allow sufficient time to obtain a court order.
(Sept. 23, 1977, D.C. Law 2-22; title III, § 304, 24 DCR 3341; Mar. 16, 1995, D.C. Law 10-227, § 2(c), 42 DCR 4; Apr. 4, 2001, D.C. Law 13-277, § 2(p), 48 DCR 2043; Apr. 12, 2005, D.C. Law 15-341, § 2(l), 52 DCR 2315.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2124.
1973 Ed., § 6-2134.
Effect of Amendments
D.C. Law 13-277 repealed subsec. (a); in subsec. (b), substituted "Agency" for "Division"; in subsec (c), substituted "§ 4-1303.03(a)(7) or (b) of this section" for "subsection (a) or (b) of this section", substituted "Director of the Agency" for "Chief of the Division", and in par. (2), substituted "abuse or neglect" for "neglect". Prior to repeal subsec. (a) read:
"(a) When an investigation made pursuant to §§ 4-1301.04 and 4-1301.05 indicates that a child is an abused or neglected child and in need of services, the Chief of the Division is authorized to provide or secure any necessary services which may include:
"(1) Emergency financial aid;
"(2) Temporary 3rd-party placement with responsible neighbors or relatives for the child and his or her siblings: Provided, that the person with whom the child is placed shall not be considered an agent of the Department of Human Services;
"(3) Emergency caretaker(s) who enter the home and provide temporary care for the child and his or her siblings in appropriate cases, when the consent of the parent or other custodian cannot be obtained, notwithstanding the provisions of the Act of March 3, 1901, as amended (31 Stat. 1324);
"(4) The placement of homemakers in the home to maintain the child and his or her siblings or to assist the parent or other caretaker in discharging his or her responsibilities to the child;
"(5) Day care for the child and his or her siblings;
"(6) Counselling services for the child and his or her family;
"(7) Medical evaluation and/or emergency treatment of the child by a qualified physician; and
"(8) Other appropriate services or resources available in the community including, but not limited to, parenting classes and family counseling."
D.C. Law 15-341, in subsec. (b), substituted "inadequate supervision" for "inadequate supervision and a 3rd-party placement cannot be made".
Legislative History of Laws
For legislative history of D.C. Law 2-22, see Historical and Statutory Notes following § 4-1301.02.
For legislative history of D.C. Law 10-227, see Historical and Statutory Notes following § 4-1301.09.
For D.C. Law 13-277, see notes following § 4-1301.02.
For Law 15-341, see notes following § 4-1301.02.
Miscellaneous Notes
For applicability of D.C. Law 13-277, see note following § 4-1303.01a.
When the Agency has physical custody of a child pursuant to § 4-1303.03 or pursuant to § 16-2313 or § 16-2320, it may:
(1) Authorize a medical evaluation or emergency medical, surgical, or dental treatment, or authorize an outpatient psychiatric evaluation or emergency outpatient psychiatric treatment, at any time; and
(2) Authorize non-emergency outpatient medical, surgical, dental or psychiatric treatment, or autopsy, when reasonable efforts to consult the parent have been made but a parent cannot be consulted.
(Sept. 23, 1977, D.C. Law 2-22, title III, § 305, 24 DCR 3341; Apr. 4, 2001, D.C. Law 13-277, § 2(q), 48 DCR 2043.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2125.
1973 Ed., § 6-2135.
Effect of Amendments
D.C. Law 13-277, in the lead-in sentence, substituted "Agency has physical custody of a child pursuant to § 4-1303.03" for "Department of Human Services has physical custody of a child pursuant to subsection (b) or (c) of § 4- 1303.04"; rewrote par. (1); and, in par. (2), inserted "outpatient". Prior to amendment, par. (1) read:
"(1) Authorize a medical and psychiatric evaluation and/or emergency medical, surgical, dental, or psychiatric treatment at any time; and"
Legislative History of Laws
For legislative history of D.C. Law 2-22, see Historical and Statutory Notes following § 4-1301.02.
For D.C. Law 13-277, see notes following § 4-1301.02.
Miscellaneous Notes
For applicability of D.C. Law 13-277, see note following § 4-1303.01a.
(a) Information acquired by staff of the Child and Family Services Agency that identifies individual children reported as or found to be abused or neglected or which identifies other members of their families or other persons shall be considered confidential and may be released or divulged only for:
(1) Purposes relating to the identification of abuse or neglect;
(2) The identification of service needs or resources;
(3) The securing or provision of treatment or direct services for the child or individual identified;
(4) The investigation or review of child fatalities by representatives of the Child Fatality Review Committee, established pursuant to § 4-1371.03; or
(5) For the purposes of and in accordance with Chapter 2A of Title 7.
(b) Persons or agencies who are not covered by confidentiality requirements comparable to those in subsection (a) of this section, to whom information is released pursuant to this section, § 4-1302.03, or § 4-1302.04 must sign a statement that they will not divulge such confidential information for purposes unrelated to the purposes of treatment, identification or evaluation.
(c) Repealed.
(Sept. 23, 1977, D.C. Law 2-22, title III, § 306, as added Oct. 18, 1979, D.C. Law 3-29, § 2, 26 DCR 678; June 27, 2000, D.C. Law 13-136, § 201(e), 47 DCR 2850; Oct. 3, 2001, D.C. Law 14-28, § 4618, 48 DCR 6981; Feb. 13, 2002, D.C. Law 14-69, § 2(a), 48 DCR 11072; Dec. 4, 2010, D.C. Law 18-273, § 202, 57 DCR 7171.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2126.
1973 Ed., § 6-2136.
Effect of Amendments
D.C. Law 13-136 added subsec. (c).
D.C. Law 14-28, in subsec. (a), inserted "or the investigation or review of child fatalities by representatives of the Child Fatality Review Committee, established pursuant to § 4-1317.03".
D.C. Law 14-69 repealed subsec. (c) which had read:.
"(c) Notwithstanding subsection (a) of this section, the Mayor or the Director of the designated Child and Family Services Agency may disclose to the public the findings or information about a case of child abuse or neglect which has resulted in a child's fatality or near fatality. Nothing may be disclosed that would likely endanger the life, safety, or physical or emotional well-being of a child or the life or safety of any other person or which may compromise the integrity of a Mayor's investigation or a civil or criminal investigation or judicial proceeding. If the Mayor denies access to specific information on this basis, the requesting entity may seek disclosure of the information through the Superior Court. The name or any other information identifying the person or entity who referred the child to the Department of Human Services shall not be released to the public."
D.C. Law 18-273 rewrote subsec. (a), which had read as follows:
"(a) Information acquired by staff of the Social Rehabilitation Administration of the Department of Human Services which identifies individual children reported as or found to be abused or neglected or which identifies other members of their families or other persons or other individuals shall be considered confidential and may be released or divulged only for purposes relating to the identification of abuse or neglect, the identification of service needs or resources, the securing or provision of treatment or direct services for the child or individual identified, or the investigation or review of child fatalities by representatives of the Child Fatality Review Committee, established pursuant to § 4-1371.03."
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 18 of Child Fatality Review Committee Establishment Temporary Act of 2001 (D.C. Law 14-20, September 6, 2001, law notification 48 DCR 9090).
Temporary Repeal of Section
For temporary (225 day) repeal of section, see § 2(a) of Public Disclosure of Findings and Information in Cases of Child Fatality or Near Fatality Temporary Amendment Act of 2000 (D.C. Law 13-215, April 3, 2001, law notification 38 DCR 3457).
Emergency Act Amendments
For temporary (90-day) amendment of section, see § 2(a) of the Public Disclosure of Findings and Information in Cases of Child Fatality or Near Fatality Emergency Amendment Act of 2000 (D.C. Act 13-428, August 14, 2000, 47 DCR 7451).
For temporary (90 day) repeal of section, see § 2(a) of the Public Disclosure of Findings and Information in Cases of Child Fatality or Near Fatality Legislative Review Emergency Amendment Act of 2000 (D.C. Act 13-491, December 18, 2000, 48 DCR 57).
For temporary (90 day) amendment of section, see § 2(a) of Public Disclosure of Findings and Information in Cases of Child Fatality or Near Fatality Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-6, February 13, 2001, 48 DCR 2479).
For temporary (90 day) amendment of section, see § 18 of Child Fatality Review Committee Establishment Emergency Act of 2001 (D.C. Act 14-40, April 25, 2001, 48 DCR 5917).
For temporary (90 day) amendment of section, see § 18 of Child Fatality Review Committee Establishment Legislative Review Emergency Act of 2001 (D.C. Act 14- 82, July 9, 2001, 48 DCR 6355).
For temporary (90 day) amendment of section, see § 2(a) of Public Disclosure of Findings and Information in Cases of Child Fatality or Near Fatality Second Emergency Amendment Act of 2001 (D.C. Act 14-191, November 29, 2001, 48 DCR 11233).
For temporary (90 day) amendment of section, see § 2(a) of Public Disclosure of Findings and Information in Cases of Child Fatality or Near Fatality Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-286, February 25, 2002, 49 DCR 2317).
For temporary (90 day) amendment of section, see § 202 of Data-Sharing and Information Coordination Emergency Amendment Act of 2010 (D.C. Act 18-530, August 6, 2010, 57 DCR 8099).
For temporary (90 day) amendment of section, see § 202 of Data-Sharing and Information Coordination Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-582, October 20, 2010, 57 DCR 10118).
Legislative History of Laws
Law 3-29, the "Confidentiality and Disclosure of Records on Abused and Neglected Children Act of 1979," was introduced in Council and assigned Bill No. 3-159, which was referred to the Committee on Human Resources. The Bill was adopted on first and second readings on July 17, 1979 and July 31, 1979, respectively. Signed by the Mayor on August 1, 1979, it was assigned Act No. 3-78 and transmitted to both Houses of Congress for its review.
For Law 13-136, see notes following § 4-1301.02.
For Law 14-28, see notes following § 4-344.01.
Law 14-69, the "Public Disclosure of Findings and Information in Cases of Child Fatality or Near Fatality Amendment Act of 2001", was introduced in Council and assigned Bill No. 14-181, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on June 26, 2001, and July 10, 2001, respectively. Signed by the Mayor on November 19, 2001, it was assigned Act No. 14-182 and transmitted to both Houses of Congress for its review. D.C. Law 14-69 became effective on February 27, 2002.
For Law 18-273, see notes following § 4-209.04.
Whoever willfully discloses, receives, makes use of or knowingly permits the use of confidential information concerning a child or individual in violation of this subchapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000. A violation of this section shall be prosecuted by the Corporation Counsel of the District of Columbia.
(Sept. 23, 1977, D.C. Law 2-22, title III, § 307, as added Oct. 18, 1979, D.C. Law 3-29, § 2, 26 DCR 678.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2127.
1973 Ed., § 6-2137.
Temporary Addition of Section
For temporary (225 day) addition of section, see § 2(b) of Public Disclosure of Findings and Information in Cases of Child Fatality or Near Fatality Temporary Amendment Act of 2000 (D.C. Law 13-215, April 3, 2001, law notification 38 DCR 3457).
Emergency Act Amendments
For temporary (90-day) addition of § 6-2128 [1981 Ed.], see § 2(b) of the Public Disclosure of Findings and Information in Cases of Child Fatality or Near Fatality Emergency Amendment Act of 2000 (D.C. Act 13-428, August 14, 2000, 47 DCR 7451).
For temporary (90 day) addition of § 4-1303.08, see § 2(b) of the Public Disclosure of Findings and Information in Cases of Child Fatality or Near Fatality Legislative Review Emergency Amendment Act of 2000 (D.C. Act 13-491, December 18, 2000, 48 DCR 57).
For temporary (90 day) addition of § 4-1303.08, see § 2(b) of Public Disclosure of Findings and Information in Cases of Child Fatality or Near Fatality Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-6, February 13, 2001, 48 DCR 2479).
Legislative History of Laws
For legislative history of D.C. Law 3-29, see Historical and Statutory Notes following § 4-1303.06.
(a) For the purposes of this section, the term:
(1) "Immediate birth family member" means a person 18 years of age or older who is the birth mother, father, or sibling of a registrant.
(2) "Registrant" means an individual, 18 years of age or older, who was, or currently is, a respondent in a child abuse or neglect case under Chapter 23 of Title 16 or his or her immediate birth family member.
(3) "Registry" means the Voluntary Foster Care Registry established by subsection (b) of this section.
(b) Within 180 days of September 24, 2010, the Agency shall establish the Voluntary Foster Care Registry ("Registry") for a registrant who seeks to reconnect with his or her immediate birth family member to place otherwise personal confidential information in the Registry to aid in that endeavor.
(c) To use the Registry, an applicant shall:
(1) Complete a registration form, which shall include:
(A) Proof that the applicant qualifies as a registrant, as defined in subsection (a) of this section, including the following information, to the extent known, pertaining to both the applicant and the individual being sought:
(i) Name;
(ii) Previous name;
(iii) Address;
(iv) Telephone number;
(v) Name of adoptive parents, if applicable; and
(vi) Name of birth mother and father;
(B) The name and address of the child placement agency that placed the child for adoption, if applicable; and
(C) A statement of consent to be identified to other registrants who are matched as immediate birth family members, including a statement whether the registrant consents to be identified to any immediate birth family member who registers or only to specific immediate birth family members. If the registrant consents to be identified only to specific immediate birth family members, the statement shall indicate by name or relationship which immediate birth family members for whom the consent is valid;
(2)(A) Except as provided in subparagraph (B) of the paragraph, pay a one-time fee, to be established by rule, which may be waived or reduced for individuals with verified income at or below the national poverty level.
(B) A registrant who, at the time he or she registers, is the respondent in an open neglect case under Chapter 23 of Title 16 shall not be required to pay a fee.
(d) A registrant shall provide changes in the information in the Registry occurring after registration to the Agency. The Agency shall timely input the updated information in the Registry.
(e) A registrant may withdraw from the Registry at any time by submitting a notarized affidavit to the Agency that contains the registrant's name and a request to be removed from the Registry.
(f)(1) Upon receipt of a completed registration and the applicable fee, the Agency, or its designee, shall search the Registry for potential matching immediate birth family members.
(2) In addition to the Registry search, the Agency may inquire into the records of:
(A) Child placement agencies;
(B) Local departments of social services;
(C) The court, which shall grant the Agency access to the court record upon receipt of a petition from the Agency that provides proof of consent of the parties to disclosure of the information, as evidenced in the registration forms, and states that review of the record is needed to make a match or to provide matching information; and
(D) The Vital Records Division of the Department of Health.
(3) Prior to releasing any identifying information to a registrant, the Agency shall verify that the registrant consents to have his or her identifying information released to a immediate birth family member who is a registrant. The Agency shall also obtain substantiation of a familial relationship from a reliable, independent third-party source, as established by rule and upon whom the Agency did not rely in conducting its search. A third-party independent source may include:
(A) The child placement agency that placed the child for adoption;
(B) The Vital Records Division of the Department of Health; or
(C) The Family Court of the Superior Court of the District of Columbia.
(4) A match shall be ascertained between the child and an immediate birth family member if:
(A) The child and the child's birth mother and birth father are registrants;
(B) The child and one or more birth siblings are registrants; or
(C) The child and only one birth parent are registrants.
(5) Information shall be provided regarding only those immediate birth family members who are registrants.
(g)(1) The Registry shall retain information and documents collected until the date specified by the registrant or for 99 years, whichever occurs first.
(2)(A) Registry documents and information shall be destroyed in accordance with the District procedure for disposal of confidential information.
(B) Information in the Registry may not be disclosed except as provided by this subchapter or regulations issued pursuant to this subchapter, or pursuant to a court order.
(h) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this section.
(Sept. 23, 1977, D.C. Law 2-22, § 308, as added Sept. 24, 2010, D.C. Law 18-230, § 301(b), 57 DCR 6951.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) repeal of section 701 of D.C. Law 18-230, see § 110 of Fiscal Year 2013 Budget Support Technical Clarification Emergency Amendment Act of 2012 (D.C. Act 19-482, October 10, 2012, 59 DCR 12478).
Legislative History of Laws
For Law 18-230, see notes following § 4-301.
Miscellaneous Notes
Section 701 of D.C. Law 18-230 provides:
"Sec. 701. Applicability.
"Title III of this act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan."
The Budget Director of the Council of the District of Columbia has determined, as of February 15, 2012, that the fiscal effect of Title III of Law 18-230 has not been included in an approved budget and financial plan. Therefore, the provisions of this section, enacted by title III of Law 18-230, are not in effect.
The Budget Director of the Council of the District of Columbia has determined, as of October 10, 2012, that the fiscal effect of Title III of Law 18-230 has been included in an approved budget and financial plan. Therefore, the provisions of this section, enacted by title III of Law 18-230, are in effect. Section 110 of Emergency Act 19-482 repealed section 701 of Law 18-230.
(a) There is established as a nonlapsing fund the Voluntary Foster Care Registry Fund ("VFCR Fund"), into which shall be deposited all fees collected pursuant to § 4-1303.08(c)(2)(A) and any gift or appropriation intended to assist in the funding of the Voluntary Foster Care Registry, which shall be solely used to cover the costs of administering the Voluntary Foster Care Registry.
(b) All funds deposited into the VFCR Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the purpose set forth in subsection (a) of this section without regard to fiscal year limitation, subject to authorization by Congress.
(Sept. 23, 1977, D.C. Law 2-22, § 309, as added Sept. 24, 2010, D.C. Law 18-230, § 301(b), 57 DCR 6951.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) repeal of section 701 of D.C. Law 18-230, see § 110 of Fiscal Year 2013 Budget Support Technical Clarification Emergency Amendment Act of 2012 (D.C. Act 19-482, October 10, 2012, 59 DCR 12478).
Legislative History of Laws
For Law 18-230, see notes following § 4-301.
Miscellaneous Notes
Section 701 of D.C. Law 18-230 provides:
"Sec. 701. Applicability.
"Title III of this act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan."
The Budget Director of the Council of the District of Columbia has determined, as of February 15, 2012, that the fiscal effect of Title III of Law 18-230 has not been included in an approved budget and financial plan. Therefore, the provisions of this section, enacted by title III of Law 18-230, are not in effect.
The Budget Director of the Council of the District of Columbia has determined, as of October 10, 2012, that the fiscal effect of Title III of Law 18-230 has been included in an approved budget and financial plan. Therefore, the provisions of this section, enacted by title III of Law 18-230, are in effect. Section 110 of Emergency Act 19-482 repealed section 701 of Law 18-230.
