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Current through October 23, 2012
(a) In any proceedings under this chapter, the court shall enter an order specifically requiring a parent or guardian to participate in the rehabilitation process of a juvenile, including, but not limited to, mandatory attendance at a juvenile proceeding, parenting class, counseling, treatment, or an education program, unless the court determines that such an order is not in the best interests of the child.
(b) The court shall, when the court determines that it is in the best interests of the child, issue an order applicable to a parent or guardian of a child and the person with whom the child resides, if other than the child's parent or guardian. The order shall require the parent or guardian and the person with whom the child resides, if other than the parent or guardian, to be present at any juvenile proceeding or court ordered program concerning the child.
(c) A person failing to comply with an order issued under this section without good cause may be found in civil contempt of court.
(d) The court shall issue a bench warrant for any parent or guardian or person with whom the child resides, if other than the parent or guardian, who, without good cause, fails to appear at any juvenile proceeding or court ordered program.
(e) For the purposes of this section, good cause for failing to appear shall include, but not be limited to, a situation where a parent, guardian, or person with whom the child resides:
(1) Has an employment obligation that would result in the loss of employment if not complied with;
(2) Does not have physical custody of the child and resides outside the District of Columbia; or
(3) Resides in the District of Columbia, but is outside the District of Columbia at the time of the juvenile proceeding or court ordered program for reasons other than avoiding participation or appearance before the court, and participating or appearing in court will result in undue hardship to such parent or guardian.
(f) It is the intent of this section that every parent or guardian whose child is the subject of a juvenile proceeding and any court ordered program under this chapter should attend any such proceeding or program as often as is practicable.
(g) Nothing in this section shall be construed to create a right for any juvenile to have his or her parent or guardian present at any juvenile proceeding or court ordered program at which such juvenile is present.
(Apr. 9, 1997, D.C. Law 11-199, § 2(c), 43 DCR 4385; Mar. 17, 2005, D.C. Law 15-261, § 1002(b), 52 DCR 1188; Mar. 2, 2007, D.C. Law 16-191, § 41, 53 DCR 6794.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-2325.1.
Effect of Amendments
D.C. Law 15-261, in subsecs. (a) and (b), substituted "shall" for "may"; and, in subsec. (c), inserted ", unless the court determines that such an order is not in the best interest of the child ".
D.C. Law 16-191, in subsec. (a), validated a previously made technical correction.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(a) of the Juvenile Justice Temporary Act of 2004 (D.C. Law 15-223, March 16, 2005, law notification 52 DCR 3549).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(d) of the Juvenile Justice Emergency Act of 2004 (D.C. Act 15-497, July 19, 2004, 51 DCR 7844).
For temporary (90 day) amendment of section, see § 2(d) of Juvenile Justice Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-547, October 12, 2004, 51 DCR 9844).
For temporary (90 day) amendment of section, see § 2(d) of Juvenile Justice Second Congressional Review Emergency Act of 2004 (D.C. Act 15-727, January 19, 2005, 52 DCR 1952).
Legislative History of Laws
Law 11-199, the "Adjustment Process for Nonviolent Juvenile Offenders and Parent Participation in Court-Ordered Proceedings Act of 1996," was introduced in Council and assigned Bill No. 11-622, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on July 3, 1996, and July 17, 1996, respectively. Signed by the Mayor on July 26, 1996, it was assigned Act No. 11-361 and transmitted to both Houses of Congress for its review. D.C. Law 11-199 became effective on April 9, 1997.
For Law 15-261, see notes following § 16-2301.
For Law 16-191, see notes following § 16-910.
Miscellaneous Notes
Section 28(c)(4) of D.C. Law 15-354 provides that the section designation of § 16-2325.1 of the District of Columbia Official Code is redesignated as § 16-2325.01.
