-
Current through October 23, 2012
(a) A child who is alleged to be neglected and who is in custody may be placed at any time prior to disposition, only in --
(1) a foster home;
(2) a group home, youth shelter, or other appropriate home for nondelinquent children; or
(3) another facility for shelter care designated by the Division, including an appropriate facility operated by the District of Columbia.
No child alleged to be neglected may be placed in a facility described in paragraph (3) of subsection (b) of this section.
(b) A child who is alleged to be in need of supervision or (except as provided in subsection (d) or (e)) is alleged to be delinquent and who is in custody may be detained at any time prior to disposition only in --
(1) a foster home;
(2) a group home, youth shelter, or other appropriate home for allegedly delinquent children; or
(3) a detention home for allegedly delinquent children or children alleged to be in need of supervision, designated by the Division, including an appropriate facility operated by the District of Columbia.
Unless the Division shall by order so authorize, no child may be detained in a facility described in paragraph (3) if it would result in his commingling with children who have been adjudicated delinquent and committed by order of the Division.
(c) A child in detention or shelter care may be temporarily transferred to a medical facility for physical care and may, on order of the Division, be temporarily transferred to a facility for mental examination or treatment.
(d) Except as provided in subsection (e), no child under eighteen years of age may be detained in a jail or other facility for the detention of adults, unless transferred as provided in section 16-2307. The appropriate official of a jail or other facility for the detention of adults shall inform the Superior Court immediately when a child under the age of eighteen years is received there (other than by transfer) and shall (1) deliver him to the Director of Social Services upon request, or (2) transfer him to a detention facility described in subsection (b) (3).
(e) A child sixteen years of age or older who is alleged to be delinquent and who is in detention, whose conduct constitutes a menace to other children, and who cannot be controlled, may on order of the Division be transferred to a place of detention for adults, but shall be kept separate from adults.
(f) The department or agency having custody, pursuant to a shelter care order, of a child alleged to be a neglected child shall give notice, which may be oral, of any change in the placement of the child to the child's parent, the child's guardian ad litem and the child's foster parent, if any, at least forty-eight (48) hours prior to the change in placement, except that in the case of an emergency, notice shall be given no later than twenty-four (24) hours (excluding Saturdays, Sundays and legal holidays) after the change. Notice need not be given to the parent where the Division has found that visitation would be detrimental to the child or the Division has determined that the parent should not be apprised of the child's location. Upon the request of any person entitled to notice under this subsection, the department or agency having legal custody of the child shall afford an opportunity for an administrative hearing to review the proposed change in the placement of the child, except that the department or agency need not conduct such a hearing if the requestor does not qualify as a party pursuant to D.C. Official Code, section 16-2304.
(Dec. 23, 1963, 77 Stat. 590, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 531, Pub. L. 91-358, title I, § 121(a); Sept. 23, 1977, D.C. Law 2-22, title IV, § 404, 24 DCR 3341.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-2313.
1973 Ed., § 16-2313.
Legislative History of Laws
For legislative history of D.C. Law 2-22, see Historical and Statutory Notes following § 16-2301.
