For the purposes of this part:
(1) "Adult" means an individual who is at least 18 years of age.
(1A) "Agency" means the Child and Family Services Agency established by § 4- 1303.01a.
(2) "Applicant" means a person applying for a criminal records check under this part.
(3) "Conviction" means a plea or verdict of guilty or a plea of nolo contendere.
(4) "Criminal record check" means a search of criminal records to determine whether an individual has a criminal conviction that is performed by the Federal Bureau of Investigation of national records, and by:
(A) The Metropolitan Police Department, if the individual as an adult has resided, worked, or attended school in the District at any time in the past 5 years; or
(B) The state's law enforcement agency, if the individual as an adult has resided, worked, or attended school outside of the District at any time in the past 5 years.
(5) Repealed.
(6) "Foster family home" means a home described in subchapter XVII of Chapter 2 of this title, or another foster family home in the District of Columbia.
(6A) "Information form" means a written statement in a form established by the Agency that:
(A) Is signed by the individual under penalty of perjury;
(B) Identifies each state in which the individual has resided, worked, or attended school at any time in the past 5 years;
(C) Identifies each felony for which the individual has been convicted as an adult, and the date and state of that conviction;
(D) Identifies each state in which the individual is currently on parole or probation; and
(E) Includes any other information required by the Agency.
(7) "Licensed child-placing agency" means an individual or entity defined as such in § 4-1402.
(8) "Police" means the Metropolitan Police Department of the District of Columbia.
(Sept. 23, 1977, D.C. Law 2-22, title V, § 501, formerly § 321, as added June 27, 2000, D.C. Law 13-136, § 201(f), 47 DCR 2850; Apr. 4, 2001, D.C. Law 13-277, § 2(r), 48 DCR 2043; Apr. 12, 2005, D.C. Law 15-341, § 2(n), 52 DCR 2315; renumbered Mar. 2, 2007, D.C. Law 16-191, § 22(a)(2), 53 DCR 6794; Apr. 24, 2007, D.C. Law 16-306, § 202(a), 53 DCR 8610.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 13-277 added par. (1A); and repealed par. (5) which had read:
"(5) 'Department' means the District of Columbia Department of Human Services."
D.C. Law 15-341 rewrote par. (4) which had read as follows:
"(4) 'Criminal records check' means a search of criminal records, in order to determine whether an individual has a criminal conviction, conducted by the following agencies:
"(A) The Federal Bureau of Investigation, for national searches;
"(B) The police if the individual resides in the District; and
"(C) Any state law enforcement agency, if the individual resides outside of the District."
D.C. Law 16-191 renumbered the section.
D.C. Law 16-306 rewrote par. (4); and added par. (6A). Prior to amendment, par. (4) read as follows:
"(4) 'Criminal records check' means a search of criminal records to determine whether an individual has a criminal conviction that is performed by the Federal Bureau of Investigation of national records, and by:
"(A) The Metropolitan Police Department, if the individual resides in the District; or
"(B) The state's law enforcement agency, if the individual resides outside of the District; and
"(C) The state law enforcement agency of any state in which the individual may have resided or worked, or is believed to have had another connection as an adult."
Emergency Act Amendments
For temporary (90-day) addition of §§ 6-2109.1 to 6-2109.9 [1981 Ed.], see § 201(e) 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) addition of §§ 6-2109.1 to 6-2109.9 [1981 Ed.], see § 201(e) 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) addition of §§ 6-2109.1 to 6-2109.9 [1981 Ed.], see § 201(e) 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 § 202(a) of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).
For temporary (90 day) amendment of section, see § 202(a) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).
For temporary (90 day) amendment of section, see § 202(a) of Omnibus Public Safety Congressional Review Emergency Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).
For temporary (90 day) amendment of section, see § 202(a) of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).
Legislative History of Laws
Law 13-136, the "Adoption and Safe Families Amendment Act of 2000," was introduced in Council and assigned Bill No. 13-214, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on February 1, 2000, and March 7, 2000, respectively. Signed by the Mayor on March 31, 2000, it was assigned Act No. 13-315 and transmitted to both Houses of Congress for its review. D.C. Law 13-136 became effective on June 27, 2000.
For D.C. Law 13-277, see notes following § 4-1301.02.
For Law 15-341, see notes following § 4-1303.51.
For Law 16-191, see notes following § 4-204.61.
Law 16-306, the "Omnibus Public Safety Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-247, which was referred to Committee on the Judiciary. The Bill was adopted on first and second readings on June 6, 2006, and October 3, 2006, respectively. Signed by the Mayor on October 17, 2006, it was assigned Act No. 16-482 and transmitted to both Houses of Congress for its review. D.C. Law 16-306 became effective on April 24, 2007.
Miscellaneous Notes
For applicability of D.C. Law 13-277, see note following § 4-1303.01a.
The following individuals shall apply for a criminal records check under this part:
(1) An individual who seeks to be approved or licensed as an adoptive parent by the Agency or by any licensed child-placing agency;
(2) An individual who seeks to be approved or licensed as a foster parent by the Agency or by any licensed child-placing agency;
(3) An individual who seeks to be approved as a kinship caregiver or legal guardian by the Agency;
(4) Except as provided in paragraph (1) of this section, an individual who seeks to become an adoptive parent of a child under Chapter 3 of Title 16;
(5) Upon order of a judicial officer, an individual with whom a child is placed under § 16-2320(a)(2) or § 16-2320(a)(3)(C); and
(6) An adult residing in the home of an individual described in paragraphs (1), (2), (3), or (4) of this section or, upon order of a judicial officer, an adult who resides in the home of an individual described in paragraph (5) of this section.
(Sept. 23, 1977, D.C. Law 2-22, title V, § 502, formerly § 322, as added June 27, 2000, D.C. Law 13-136, § 201(f), 47 DCR 2850; Apr. 4, 2001, D.C. Law 13-277, § 2(s), 48 DCR 2043; renumbered Mar. 2, 2007, D.C. Law 16-191, § 22(a)(3), 53 DCR 6794.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 13-277 substituted "Agency" for "Department" throughout the section; and, in par. (3), substituted "Agency" for "Division".
D.C. Law 16-191 renumbered the section.
Emergency Act Amendments
For temporary (90-day) addition of section, see notes following § 4-1305.01.
Legislative History of Laws
For Law 13-136, see notes following § 4-1305.01.
For D.C. Law 13-277, see notes following § 4-1301.02.
For Law 16-191, see notes following § 4-204.61.
Miscellaneous Notes
For applicability of D.C. Law 13-277, see note following § 4-1303.01a.
(a) Within the time stated in subsection (b) of this section, an applicant shall apply for a criminal records check by submitting to the Agency, licensed child-placing agency, or the police:
(1) A complete set of legible fingerprints taken on standard fingerprint cards by the Agency or the police;
(2) Payment of the fees and costs of the criminal records check as described in § 4-1305.04;
(3) The completed information form; and
(4) Any documentation required to conduct a criminal records check by a state identified in the completed information form.
(b) The application for a criminal records check shall be made:
(1) For an individual described in § 4-1305.02(1), (2), or (3), and for every adult residing in the home of an individual described in § 4- 1305.02(1), (2), or (3), as part of the approval or licensure process;
(2) For an individual described in § 4-1305.02(4) and for every adult residing in the home of an individual described in § 4-1305.02(4), before the filing of the petition for adoption, pursuant to D.C. Official Code § 16-305;
(3) For an individual described in § 4-1305.02(5) and for every adult residing in the home of an individual described in § 4-1305.02(5), within 2 business days of entry of the judicial order placing the child in the home;
(4) For every adult who becomes a resident of the home of an individual described in § 4-1305.02(1), (2), (3), or (5) after the child is placed in the home, within 10 calendar days after the adult becomes a resident of the home; and
(5) For every adult who becomes a resident of the home of an individual described in § 4-1305.02(4) after the filing of the petition for adoption, within 10 calendar days after the adult becomes a resident of the home.
(Sept. 23, 1977, D.C. Law 2-22, title V, § 503, formerly § 323, as added June 27, 2000, D.C. Law 13-136, § 201(f), 47 DCR 2850; Apr. 4, 2001, D.C. Law 13-277, § 2(t), 48 DCR 2043; Apr. 12, 2005, D.C. Law 15-341, § 2(o), 52 DCR 2315; renumbered Mar. 2, 2007, D.C. Law 16-191, § 22(a)(4), 53 DCR 6794; Apr. 24, 2007, D.C. Law 16-306, § 202(b), 53 DCR 8610.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 13-277, in subsec. (a), in the lead-in sentence, substituted "Agency" for "Department", and deleted ",the Child Abuse Unit of the Social Services Division of the Superior Court of the district of Columbia," preceding "the police".
D.C. Law 15-341, in subsec. (a), deleted "and" from the end of par. (1), substituted "; and" for a period at the end of par. (2), and added par. (3).
D.C. Law 16-191 renumbered the section.
D.C. Law 16-306 rewrote subsec. (a), which had read as follows:
"(a) Within the time stated in subsection (b) of this section, an applicant shall apply for a criminal records check by submitting to the Agency or the police:
"(1) A complete set of legible fingerprints taken on standard fingerprint cards by the Agency or the police;
"(2) Payment of the fees and costs of the criminal records check as described in § 4-1305.04; and
"(3) A written statement, in a form established by the Agency, that includes the individual's current and prior residences and employment addresses as an adult, and that authorizes the Agency to obtain the individual's criminal records from a state in which the individual resided, worked, or is believed to have had another connection as an adult."
Emergency Act Amendments
For temporary (90-day) addition of section, see notes following § 4-1305.01.
For temporary (90 day) amendment of section, see § 2(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 § 2(a) 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 § 202(b) of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).
For temporary (90 day) amendment of section, see § 202(b) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).
For temporary (90 day) amendment of section, see § 202(b) of Omnibus Public Safety Congressional Review Emergency Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).
For temporary (90 day) amendment of section, see § 202(b) of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).
Legislative History of Laws
For Law 13-136, see notes following § 4-1305.01.
For D.C. Law 13-277, see notes following § 4-1301.02.
For Law 15-341, see notes following § 4-1303.51.
For Law 16-191, see notes following § 4-204.61.
For Law 16-306, see notes following § 4-1305.01.
Miscellaneous Notes
For applicability of D.C. Law 13-277, see note following § 4-1303.01a.
(a) A person who is required to have a criminal records check under this part shall pay for:
(1) The mandatory processing fee required by the Federal Bureau of Investigation for conducting the national criminal records check;
(2) Reasonable administrative costs to the police for accessing the District criminal records history; and
(3) Reasonable administrative costs to the Agency.
(b) The Agency or a licensed child-placing agency may pay for processing fees and costs.
(Sept. 23, 1977, D.C. Law 2-22, title V, § 504, formerly § 324, as added June 27, 2000, D.C. Law 13-136, § 201(f), 47 DCR 2850; Apr. 4, 2001, D.C. Law 13-277, § 2(u), 48 DCR 2043; renumbered Mar. 2, 2007, D.C. Law 16-191, § 22(a)(5), 53 DCR 6794.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 13-277 substituted "Agency" for "Department" throughout the section.
D.C. Law 16-191 renumbered the section.
Emergency Act Amendments
For temporary (90-day) addition of section, see notes following § 4-1305.01.
Legislative History of Laws
For Law 13-136, see notes following § 4-1305.01.
For D.C. Law 13-277, see notes following § 4-1301.02.
For Law 16-191, see notes following § 4-204.61.
Miscellaneous Notes
For applicability of D.C. Law 13-277, see note following § 4-1303.01a.
(a) The Agency or licensed child-placing agency shall forward complete sets of legible fingerprints taken on standard fingerprints cards by the Agency or licensed child-placing agency to the police or state law enforcement agency.
(b) The police shall:
(1) Access the District criminal records history maintained by the District government;
(2) Transmit all complete sets of legible fingerprints on standard fingerprint cards to the Federal Bureau of Investigation; and
(3) Request the Federal Bureau of Investigation to conduct a national criminal records check and return the results to the police or state law enforcement agency.
(c)(1) Except as provided in paragraph (2) of this subsection, the Agency or licensed child-placing agency shall request the law enforcement agency of each state identified in the completed information form to conduct a state criminal records check and return the results to the Agency or licensed child-placing agency, as appropriate.
(2) If the Agency or licensed child-placing agency has already determined that an individual has a disqualifying conviction, it is not required to make further requests to additional states.
(3) The Agency or licensed child-placing agency may also use interstate databases or systems to conduct a single check for multiple states.
(Sept. 23, 1977, D.C. Law 2-22, title V, § 505, formerly § 325, as added, June 27, 2000, D.C. Law 13-136, § 201(f), 47 DCR 2850; Apr. 4, 2001, D.C. Law 13-277, § 2(v), 48 DCR 2043; Apr. 12, 2005, D.C. Law 15-341, § 2(p), 52 DCR 2315; renumbered Mar. 2, 2007, D.C. Law 16-191, § 22(a)(6), 53 DCR 6794; Apr. 24, 2007, D.C. Law 16-306, § 202(c), 53 DCR 8610.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 13-277 rewrote subsec. (a) which prior thereto read:
"(a) The Department or the Child Abuse Unit of the Social Services Division of the Superior Court of the District of Columbia shall forward complete sets of legible fingerprints taken on standard fingerprint cards by the Department or the Child Abuse Unit to the police."
D.C. Law 15-341 added subsec. (c).
D.C. Law 16-191 renumbered the section.
D.C. Law 16-306 rewrote subsecs. (a) and (c), which read as follows:
"(a) The Agency shall forward complete sets of legible fingerprints taken on standard fingerprint cards by the Agency to the police."
"(c)(1) Except as provided in paragraph (2) of this subsection, the Agency shall request the law enforcement agency of each state in which the individual resided, worked, or is believed to have had another connection as an adult to conduct a state criminal records check and return the results to the Agency.
"(2) If the Agency has already determined that an individual has a disqualifying conviction, it is not required to make further requests to additional states.
"(3) The Agency may also use interstate databases or systems to conduct a single check for multiple states in which the individual resided, worked, or is believed to have had another connection as an adult."
Emergency Act Amendments
For temporary (90-day) addition of section, see notes following § 4-1305.01.
For temporary (90 day) amendment of section, see § 202(c) of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).
For temporary (90 day) amendment of section, see § 202(c) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).
For temporary (90 day) amendment of section, see § 202(c) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).
For temporary (90 day) amendment of section, see § 202(c) of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).
Legislative History of Laws
For Law 13-136, see notes following § 4-1305.01.
For D.C. Law 13-277, see notes following § 4-1301.02.
For Law 15-341, see notes following § 4-1303.51.
For Law 16-191, see notes following § 4-204.61.
For Law 16-306, see notes following § 4-1305.01.
Miscellaneous Notes
For applicability of D.C. Law 13-277, see note following § 4-1303.01a.
(a) The provisions of this section shall apply to an individual who seeks to be:
(1) Approved or licensed as an adoptive or foster parent, a legal guardian, or a kinship caregiver;
(2) Permitted to become an adoptive parent under Chapter 3 of Title 16; or
(3) Permitted to have a child placed in the individual's custody upon order of a judicial officer, under § 16-2320(a)(2) or § 16-2320(a)(3)(C).
(b) Except as provided in subsection (d) of this section, an individual shall not be approved, licensed, or permitted as set forth in subsection (a) of this section if it is determined from the criminal records check that the individual, or an adult residing in the home of the individual, has a felony conviction for any of the following offenses or their equivalents:
(1) Child abuse;
(2) Child neglect;
(3) Intrafamily offense, as defined in § 16-1001(8);
(4) A crime against children, including child pornography; or
(5) A crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery.
(c) Except as provided by subsection (d) of this section, an individual shall not be approved, licensed, or permitted as set forth in subsection (a) of this section if it is determined from the criminal records check that the individual, or an adult residing in the home of the individual, has a felony conviction for any of the following offenses or their equivalents committed within the past 5 years:
(1) Repealed;
(2) Physical assault;
(3) Battery; or
(4) A drug-related offense.
(d) Notwithstanding the requirements of subsections (b) and (c) of this section, an individual may be approved, licensed, or permitted as set forth in subsection (a) of this section if:
(1) The individual has a felony conviction for any of the offenses listed in subsections (b) and (c) of this section and, after a discretionary agency review of the conviction and current circumstances, it is determined that an approval, licensure, or permission would be consistent with the health, safety, and welfare of children; provided, that any adoption-assistance payments or foster-care-maintenance payments made on behalf of a child to an individual pursuant to this paragraph shall not be made with federal funds provided through Title IV-E of the Social Security Act, approved June 17, 1980 (94 Stat. 500; 42 U.S.C. § 670 et seq.); or
(2) An adult residing in the home of the individual, but not the individual who seeks to be approved, licensed, or permitted as set forth in subsection (a) of this section, has a felony conviction for any of the offenses listed in subsections (b) and (c) of this section and, after a discretionary agency review of the conviction and current circumstances, it is determined that an approval, licensure, or permission would be consistent with the health, safety, and welfare of children.
(Sept. 23, 1977, D.C. Law 2-22, title V, § 506, formerly § 326, as added June 27, 2000, D.C. Law 13-136, § 201(f), 47 DCR 2850; Apr. 12, 2005, D.C. Law 15-341, § 2(q), 52 DCR 2315; renumbered Mar. 2, 2007, D.C. Law 16-191, § 22(a)(7), 53 DCR 6794; Mar. 25, 2009, D.C. Law 17-368, § 4(b), 56 DCR 1338; Sept. 11, 2009, D.C. Law 18-47, § 2, 56 DCR 4960.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 15-341, in subsec. (b)(3), substituted "Intrafamily abuse, as defined in § 16-1001(5)" for "Spousal abuse".
D.C. Law 16-191 renumbered the section.
D.C. Law 17-368, in subsec. (b)(3), substituted "offense, as defined in § 16- 1001(8)" for "abuse, as defined in § 16-1001(5)".
D.C. Law 18-47, in subsec. (b)(5), substituted "or homicide, but not including other physical assault or battery" for "homicide, assault or battery" and inserting the phrase "; in subsec. (c), in the lead-in language, deleted ", or an adult residing in the home of the individual," following "an individual", and inserted ", or an adult residing in the home of the individual,", and repealed par. (1); and rewrote subsec. (d). Prior to amendment, subsecs. (a)(1) and (d) read as follows:
"(1) Fraud;"
"(d) Notwithstanding the requirements of subsections (b) and (c) of this section, an individual may be approved, licensed, or permitted as set forth in subsection (a) of this section if, after a review of the conviction and the current circumstances, it is determined that such approval, licensure, or permission would be consistent with the health, safety, and welfare of children."
Temporary Amendments of Section
Section 2 of D.C. Law 17-133, in subsec. (b), in the lead-in language, substituted "An" for "Except as provided in subsection (d) of this section, an", and in par. (5), substituted "or homicide, but not including other physical assault or battery" for "homicide, assault or battery"; in subsec. (c), in the lead-in language, deleted ", or an adult residing in the home of the individual," and substituted "check that the individual, or an adult residing in the home of the individual," for "check that the individual", and repealed par. (1); and amended subsec. (d) to read as follows:
"(d) Notwithstanding the requirements of subsection (c) of this section, an individual may be approved, licensed, or permitted as set forth in subsection (a) of this section if:
"(1) The individual has a felony conviction for any of the offenses listed in subsection (c) of this section and, after a discretionary agency review of the conviction and current circumstances, it is determined that an approval, licensure, or permission would be consistent with the health, safety, and welfare of children; provided, that any adoption-assistance payments or foster-care-maintenance payments made on behalf of a child to an individual pursuant to this paragraph shall not be made with federal funds provided through Title IV-E of the Social Security Act, approved June 17, 1980 (94 Stat. 500; 42 U.S.C. § 670 et seq.); or
"(2) An adult residing in the home of the individual, but not the individual who seeks to be approved, licensed, or permitted as set forth in subsection (a) of this section, has a felony conviction for any of the offenses listed in subsection (c) of this section and, after a discretionary agency review of the conviction and current circumstances, it is determined that an approval, licensure, or permission would be consistent with the health, safety, and welfare of children."
Section 5(b) of D.C. Law 17-133 provides that the act shall expire after 225 days of its having taken effect.
Section 2 of D.C. Law 17-297, in subsec. (b), substituted "An" for "Except as provided in subsection (d) of this section, an" in the lead-in language, substituted "or homicide, but not including other physical assault or battery" for "homicide, assault or battery" in par. (5); in subsec. (c), deleted ", or an adult residing in the home of the individual," and substituted "check that the individual, or an adult residing in the home of the individual," for "check that the individual" in the lead-in language, and repealed par. (1); and rewrote subsec. (d) to read as follows:
"(d) Notwithstanding the requirements of subsection (c) of this section, an individual may be approved, licensed, or permitted as set forth in subsection (a) of this section if:
"(1) The individual has a felony conviction for any of the offenses listed in subsection (c) of this section and, after a discretionary agency review of the conviction and current circumstances, it is determined that an approval, licensure, or permission would be consistent with the health, safety, and welfare of children; provided, that any adoption-assistance payments or foster-care-maintenance payments made on behalf of a child to an individual pursuant to this paragraph shall not be made with federal funds provided through Title IV-E of the Social Security Act, approved June 17, 1980 (94 Stat. 500; 42 U.S.C. § 670 et seq.); or
"(2) An adult residing in the home of the individual, but not the individual who seeks to be approved, licensed, or permitted as set forth in subsection (a) of this section, has a felony conviction for any of the offenses listed in subsection (c) of this section and, after a discretionary agency review of the conviction and current circumstances, it is determined that an approval, licensure, or permission would be consistent with the health, safety, and welfare of children.".
Section 5(b) of D.C. Law 17-297 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90-day) addition of section, see notes following § 4-1305.01.
For temporary (90 day) amendment of section, see § 2 of Adoption and Safe Families Emergency Amendment Act of 2007 (D.C. Act 17-232, December 27, 2007, 55 DCR 233).
For temporary (90 day) amendment of section, see § 2 of Adoption and Safe Families Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17- 317, March 19, 2008, 55 DCR 3415).
For temporary (90 day) amendment of section, see § 2 of Adoption and Safe Families Continuing Compliance Emergency Amendment Act of 2008 (D.C. Act 17- 559, October 27, 2008, 55 DCR 12010).
For temporary (90 day) amendment of section, see § 2 of Adoption and Safe Families Continuing Compliance Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-2, January 23, 2009, 56 DCR 1622).
Legislative History of Laws
For Law 13-136, see notes following § 4-1305.01.
For Law 15-341, see notes following § 4-1303.51.
For Law 16-191, see notes following § 4-204.61.
Law 17-368, the "Intrafamily Offenses Act of 2008", was introduced in Council and assigned Bill No. 17-55 which was referred to the Committee on Public Safety and Judiciary. The Bill was adopted on first and second readings on December 2, 2008, and December 16, 2008, respectively. Signed by the Mayor on January 22, 2009, it was assigned Act No. 17-703 and transmitted to both Houses of Congress for its review. D.C. Law 17-368 became effective on March 25, 2009.
Law 18-47, the "Adoption and Safe Families Amendment Act of 2009", was introduced in Council and assigned Bill No. 18-12, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on May 5, 2009, and June 2, 2009, respectively. Signed by the Mayor on June 22, 2009, it was assigned Act No. 18-122 and transmitted to both Houses of Congress for its review. D.C. Law 18-47 became effective on September 11, 2009.
(a) If an individual described in § 4-1305.02(1), (2), or (3), or any adult residing in the home of an individual described in § 4-1305.02(1), (2), or (3), fails to request a criminal records check as required by this part, the Agency may deny approval or licensure.
(b) If an individual described in § 4-1305.02(4), or any adult residing in the home of an individual described in § 4-1305.02(4), fails to request a criminal records check as required by this part, the Family Division of the Superior Court of the District of Columbia may dismiss the petition for adoption.
(c) If an individual described in § 4-1305.02(5), or an adult residing in the home of an individual described in § 4-1305.02(5), fails to request a criminal records check as required by this part, the Family Division of the Superior Court of the District of Columbia may refuse to place the child in the individual's home, may remove the child from the home, or may take other appropriate action to ensure the health, welfare, and safety of the child.
(Sept 23, 1977, D.C. Law 2-22, title V, § 507, formerly § 327, as added June 27, 2000, D.C. Law 13-136, § 201(f), 47 DCR 2850; Apr. 4, 2001, D.C. Law 13-277, § 2(w), 48 DCR 2043; renumbered Mar. 2, 2007, D.C. Law 16-191, § 22(a)(8), 53 DCR 6794.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 13-277, in subsec. (a), substituted "Agency" for "Department".
D.C. Law 16-191 renumbered the section.
Emergency Act Amendments
For temporary (90-day) addition of section, see notes following § 4-1305.01.
For temporary (90 day) amendment of section, see § 2(c) 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 § 2(b) of Adoption and Safe Families Compliance Emergency Amendment Act of 2001 (D.C. Act 14-65, June 6, 2001, 48 DCR 5721).
Legislative History of Laws
For Law 13-136, see notes following § 4-1305.01.
For D.C. Law 13-277, see notes following § 4-1301.02.
For Law 16-191, see notes following § 4-204.61.
Miscellaneous Notes
For applicability of D.C. Law 13-277, see note following § 4-1303.01a.
(a) Information obtained pursuant to a criminal records check shall be confidential. It shall be disseminated only to:
(1) The individual who is the subject of the criminal records check;
(2) The Agency for the purpose of receiving and screening the results of a criminal records check to determine an applicant's suitability for approval or licensure;
(2A) The Office of the Attorney General for the purpose of recommending an appropriate placement under Chapter 3 of Title 16 and § 16-2320(a)(2) or § 16-2320(a)(3)(C); or
(3) The Family Division of the Superior Court of the District of Columbia for the purpose of determining the appropriateness of a placement under Chapter 3 of Title 16 and § 16-2320(a)(2) or § 16-2320(a)(3)(C).
(b) Nothing in this section shall be interpreted as prohibiting the Agency from providing to a licensed child-placing agency a summary indicating whether an applicant has been convicted of or is under pending indictment for a crime that bears upon the applicant's fitness for approval, licensure, or permission.
(c) No employee of the Family Division of the Superior Court of the District of Columbia, the Agency, or any other agency of the District of Columbia shall disclose information obtained as a result of an application submitted pursuant to § 4-1305.02 to any unauthorized individual or entity.
(d) This part shall not authorize the disclosure of information concerning an individual who was not an adult, or was not prosecuted as an adult, at the time to which the information pertains if the disclosure of such information is prohibited by law.
(Sept. 23, 1977, D.C. Law 2-22, title V, § 508, formerly § 328, as added June 27, 2000, D.C. Law 13-136, § 201(f), 47 DCR 2850; Apr. 4, 2001, D.C. Law 13-277, § 2(x), 48 DCR 2043; Apr. 12, 2005, D.C. Law 15-341, § 2(r), 52 DCR 2315; renumbered Mar. 2, 2007, D.C. Law 16-191, § 22(a)(9), 53 DCR 6794.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 13-277, in subsecs. (a) and (b), substituted "Agency" for "Department"; and, in subsec. (c), substituted "Agency" for "Department, the Division".
D.C. Law 15-341, in subsec. (a), deleted "or" from the end of par. (2), and added par. (2A).
D.C. Law 16-191 renumbered the section.
Emergency Act Amendments
For temporary (90-day) addition of section, see notes following § 4-1305.01.
Legislative History of Laws
For Law 13-136, see notes following § 4-1305.01.
For D.C. Law 13-277, see notes following § 4-1301.02.
For Law 15-341, see notes following § 4-1303.51.
For Law 16-191, see notes following § 4-204.61.
Miscellaneous Notes
For applicability of D.C. Law 13-277, see note following § 4-1303.01a.
(a) An individual who discloses confidential information in violation of § 4-1305.08 shall be guilty of a criminal offense and, upon conviction, shall be subject to a fine of not more than $1,000 or a term of incarceration of not more than 180 days, or both.
(b) An individual who fails to disclose all of the residences and addresses required by § 4-1305.03(a)(3) shall be guilty of a criminal offense and, upon conviction, shall be subject to a fine of not more than $1,000, a term of imprisonment of not more than 180 days, or both.
(c) Violations of this section shall be prosecuted by the Attorney General for the District of Columbia, or his or her designee, in the name of the District of Columbia.
(Sept. 23, 1977, D.C. Law 2-22, title V, § 509, formerly § 329, as added June 27, 2000, D.C. Law 13-136, § 201(f), 47 DCR 2850; Apr. 12, 2005, D.C. Law 15-341, § 2(s), 52 DCR 2315; renumbered Mar. 2, 2007, D.C. Law 16-191, § 22(a)(10), 53 DCR 6794.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 15-341 designated the existing text as subsec. (a); and added subsecs. (b) and (c).
D.C. Law 16-191 renumbered the section.
Emergency Act Amendments
For temporary (90-day) addition of section, see notes following § 4-1305.01.
Legislative History of Laws
For Law 13-136, see notes following § 4-1305.01.
For Law 15-341, see notes following § 4-1303.51.
For Law 16-191, see notes following § 4-204.61.
