Prior Codifications

1981 Ed., § 16-2301.

1973 Ed., § 16-2301.

Effect of Amendments

D.C. Law 13-136 added par. (28).

D.C. Law 13-277 added par. (29).

D.C. Law 14-206 rewrote pars. (9) and (23); and added pars. (30) through (37). Pars. (9) and (23) had read as follows:

"(9) The term 'neglected child' means a child:

"(A) who has been abandoned or abused by his or her parent, guardian, or other custodian; or

"(B) who is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for his or her physical, mental, or emotional health, and the deprivation is not due to the lack of financial means of his or her parent, guardian, or other custodian; or

"(C) whose parent, guardian, or other custodian is unable to discharge his or her responsibilities to and for the child because of incarceration, hospitalization, or other physical or mental incapacity; or

"(D) whose parent, guardian, or custodian refuses or is unable to assume the responsibility for the child's care, control or subsistence and the person or institution which is providing for the child states an intention to discontinue such care; or

"(E) who is in imminent danger of being abused and whose sibling has been abused; or

"(F) who has received negligent treatment or maltreatment from his or her parent, guardian, or other custodian. No child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall for that reason alone be considered a neglected child for the purposes of this subchapter; and

"(G) who has resided in a hospital located in the District of Columbia for at least 10 calendar days following the birth of the child, despite a medical determination that the child is ready for discharge from the hospital, and the parent, guardian, or custodian of the child has not taken any action or made any effort to maintain a parental, guardianship, or custodial relationship or contact with the child. No child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall for that reason alone be considered a neglected child for the purposes of this subchapter.

"(23) The term 'abused', when used with reference to a child, means a child whose parent, guardian, or custodian inflicts or fails to make reasonable efforts to prevent the infliction of physical or mental injury upon the child, including excessive corporal punishment, an act of sexual abuse, molestation, or exploitation, or an injury that results from exposure to drug-related activity in the child's home environment."

D.C. Law 15-105, in par. (9)(B), validated a previously made technical correction.

D.C. Law 15-261 added pars. (38) to (42).

D.C. Law 16-274, in par. (1), at the end of the paragraph, added "Pursuant to section 16-2301.01, the term 'Division' shall be deemed to refer to the Family Court of the Superior Court of the District of Columbia."; and added pars. (1A) and (43), defining "Family Court" and "weapons offense", respectively.

D.C. Law 17-231 added par. (44).

D.C. Law 18-284 added par. (45).

D.C. Law 19-169 repealed pars. (10) and (11), which formerly read:

"(10) The term 'mentally ill child' means a child who is mentally ill within the meaning of section 21-501.

"(11) The term 'substantially retarded child' means a child who is substantially retarded within the meaning of section 21-1101 et seq."

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 301(a) of Adoption and Safe Families Temporary Amendment Act of 1999 (D.C. Law 13-56, March 7, 2000, law notification 47 DCR 1978).

Emergency Act Amendments

For temporary amendment of section, see § 2 of the District of Columbia Public School Firearm Prohibition Emergency Act of 1989 (D.C. Act 8-4, March 7, 1989, 36 DCR 1906).

For temporary amendment of section, see § 4 of the Prevention of Child Neglect Emergency Amendment Act of 1993 (D.C. Act 10-100, August 9, 1993, 40 DCR 6141).

For temporary amendment of section, see § 4 of the Prevention of Child Neglect Emergency Amendment Act of 1994 (D.C. Act 10-288, July 22, 1994, 41 DCR 4992).

For temporary (90-day) amendment of section, see § 301(a) 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 § 301(a) 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 § 301(a) 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 § 201(a) of Enhanced Crime Prevention and Abatement Emergency Amendment Act of 2006 (D.C. Act 16-446, July 21, 2006, 53 DCR 6477).

For temporary (90 day) amendment of section, see § 301(a) of Crime Reduction Initiative Emergency Amendment Act of 2006 (D.C. Act 16-491, October 19, 2006, 53 DCR 8818).

For temporary (90 day) amendment of section, see § 201(a) of Crime Reduction Initiative Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-9, January 16, 2007, 54 DCR 1471).

Legislative History of Laws

For legislative history of D.C. Law 2-22, see Historical and Statutory Notes following § 4-1321.01.

Law 6-90 was introduced in council and assigned Bill No. 6-104, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on November 19, 1985, and December 3, 1985, respectively. Signed by the Mayor on December 30, 1985, it was assigned Act No. 6-118 and transmitted to both Houses of Congress for its review.

Law 8-1, the "District of Columbia Public School Firearm Prohibition Temporary Act of 1989," was introduced in Council and assigned Bill No. 8-130. The Bill was adopted on first and second readings on February 14, 1989, and February 28, 1989, respectively. Signed by the Mayor on March 21, 1989, it was assigned Act No. 8-8 and transmitted to both Houses of Congress for its review. D.C. Law 8-1 became effective on May 16, 1989.

Law 8-87, the "Protection of Children from Exposure to Drug-related Activity Amendment Act of 1989," was introduced in Council and assigned Bill No. 8-139, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on November 21, 1989, and December 5, 1989, respectively. Signed by the Mayor on December 21, 1989, it was assigned Act No. 8-137 and transmitted to both Houses of Congress for its review.

Law 8-134, the "Infant and Child Abandonment Prevention Amendment Act of 1990," was introduced in Council and assigned Bill No. 8-404, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on March 13, 1990, and March 27, 1990, respectively. Signed by the Mayor on April 13, 1990, it was assigned Act No. 8-190 and transmitted to both Houses of Congress for its review.

Law 8-200, the "Child Abuse and Neglect Amendment Act of 1990," was introduced in Council and assigned Bill No. 8-81, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on October 9, 1990, and October 23, 1990, respectively. Signed by the Mayor on November 8, 1990, it was assigned Act No. 8-263 and transmitted to both Houses of Congress for its review.

D.C. Law 10-61, the "Prevention of Child Neglect Temporary Amendment Act of 1993," was introduced in Council and assigned Bill No. 10-374. The Bill was adopted on first and second readings on July 21, 1993, and September 21, 1993, respectively. Signed by the Mayor on October 1, 1993, it was assigned Act No. 10-114 and transmitted to both Houses of Congress for its review. D.C. Law 10- 61 became effective on November 20, 1993.

Law 10-227, the "Parental Responsibility Amendment Act of 1994," was introduced in Council and assigned Bill No. 10-634, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on November 1, 1994, and December 6, 1994, respectively. Signed by the Mayor on December 27, 1994, it was assigned Act No. 10-368 and transmitted to both Houses of Congress for its review. D.C. Law 10-227 became effective on March 16, 1995.

Law 10-257, the "Anti-Sexual Abuse Act of 1994," was introduced in Council and assigned Bill No. 10-87, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on November 1, 1994, and December 6, 1994, respectively. Signed by the Mayor on December 28, 1994, it was assigned Act No. 10-385 and transmitted to both Houses of Congress for its review. D.C. Law 10-257 became effective May 23, 1995.

Law 11-110, the "Technical Amendments Act of 1996," was introduced in Council and assigned Bill No. 11-485, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 5, 1995, and January 4, 1996, respectively. Signed by the Mayor on January 26, 1996, it was assigned Act No. 11-199 and transmitted to both Houses of Congress for its review. D.C. Law 11-110 became effective on April 18, 1996.

Law 12-81, the "Technical Amendments Act of 1998," was introduced in Council and assigned Bill No. 12-408, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 4, 1997, and December 4, 1997, respectively. Signed by the Mayor on December 22, 1997, it was assigned Act No. 12-246 and transmitted to both Houses of Congress for its review. D.C. Law 12-81 became effective on March 24, 1998.

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.

Law 13-277, the "Child and Family Services Agency Establishment Amendment Act of 2000", was introduced in Council and assigned Bill No. 13-796, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on December 5, 2000, and December 19, 2000, respectively. Signed by the Mayor on January 24, 2001, it was assigned Act No. 13-590 and transmitted to both Houses of Congress for its review. D.C. Law 13-277 became effective on April 4, 2001.

Law 14-206, the "Improved Child Abuse Investigations Amendment Act of 2002", was introduced in Council and assigned Bill No. 14-372, which was referred to Committee on the Judiciary and the Committee on Human Services. The Bill was adopted on first and second readings on June 18, 2002, and July 2, 2002, respectively. Signed by the Mayor on July 23, 2002, it was assigned Act No. 14-440 and transmitted to both Houses of Congress for its review. D.C. Law 14- 206 became effective on October 19, 2002.

For Law 15-105, see notes following § 16-1005.

Law 15-261, the "Omnibus Juvenile Justice Act of 2004", was introduced in Council and assigned Bill No. 15-537, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on October 5, 2004, and November 9, 2004, respectively. Signed by the Mayor on November 30, 2004, it was assigned Act No. 15-637 and transmitted to both Houses of Congress for its review. D.C. Law 15-261 became effective on March 17, 2005.

Law 16-274, the "Mandatory Juvenile Public Safety Notification Act of 2006", was introduced in Council and assigned Bill No. 16-732, which was referred to Committee on Judiciary. The Bill was adopted on first and second readings on December 5, 2006, and December 19, 2006, respectively. Signed by the Mayor on December 28, 2006, it was assigned Act No. 16-630 and transmitted to both Houses of Congress for its review. D.C. Law 16-274 became effective on March 14, 2007.

For Law 17-231, see notes following § 16-904.

For history of Law 18-284, see notes under § 16-2301.

For history of Law 19-169, see notes under § 16-1054.

Miscellaneous Notes

Prompt Payment of Appointed Counsel. Section 129 of Pub. L. 107-96, Dec. 21, 2001, 115 Stat. 953, provides:

"(a) ASSESSMENT OF INTEREST FOR DELAYED PAYMENTS -- If the Superior Court of the District of Columbia or the District of Columbia Court of Appeals does not make a payment described in subsection (b) prior to the expiration of the 45- day period which begins on the date the Court receives a completed voucher for a claim for the payment, interest shall be assessed against the amount of the payment which would otherwise be made to take into account the period which begins on the day after the expiration of such 45-day period and which ends on the day the Court makes the payment.

"(b) PAYMENTS DESCRIBED. -- A payment described in this subsection is --

"(1) a payment authorized under section 11-2604 and section 11-2605, D.C. Code (relating to representation provided under the District of Columbia Criminal Justice Act);

"(2) a payment for counsel appointed in proceedings in the Family Division of the Superior Court of the District of Columbia under chapter 23 of title 16, D.C. Code; or

"(3) a payment for counsel authorized under section 21-2060, D.C. Code (relating to representation provided under the District of Columbia Guardianship, Protective Proceedings, and Durable Power of Attorney Act of 1986).

"(c) STANDARDS FOR SUBMISSION OF COMPLETED VOUCHERS. -- The chief judges of the Superior Court of the District of Columbia and the District of Columbia Court of Appeals shall establish standards and criteria for determining whether vouchers submitted for claims for payments described in subsection (b) are complete, and shall publish and make such standards and criteria available to attorneys who practice before such Courts.

"(d) RULE OF CONSTRUCTION. -- Nothing in this section shall be construed to require the assessment of interest against any claim (or portion of any claim) which is denied by the Court involved.

"(e) EFFECTIVE DATE. -- This section shall apply with respect to claims received by the Superior Court of the District of Columbia or the District of Columbia Court of Appeals during fiscal year 2002, and claims received previously that remain unpaid at the end of fiscal year 2001, and would have qualified for interest payment under this section."

Prompt Payment of Appointed Counsel. Section 128 of Pub. L. 108-7, Feb. 20, 2003, 117 Stat. 127, provides:

"(a) If the Superior Court of the District of Columbia or the District of Columbia Court of Appeals does not make a payment described in subsection (b) prior to the expiration of the 45-day period which begins on the date the Court receives a completed voucher for a claim for the payment, interest shall be assessed against the amount of the payment which would otherwise be made to take into account the period which begins on the day after the expiration of such 45-day period and which ends on the day the Court makes the payment.

"(b) A payment described in this subsection is--

"(1) a payment authorized under section 11-2604 and section 11-2605, D.C. Official Code (relating to representation provided under the District of Columbia Criminal Justice Act);

"(2) a payment for counsel appointed in proceedings in the Family Court of the Superior Court of the District of Columbia under chapter 23 of title 16, D.C. Official Code; or

"(3) a payment for counsel authorized under section 21-2060, D.C. Official Code (relating to representation provided under the District of Columbia Guardianship, Protective Proceedings, and Durable Power of Attorney Act of 1986).

"(c) The chief judges of the Superior Court of the District of Columbia and the District of Columbia Court of Appeals shall establish standards and criteria for determining whether vouchers submitted for claims for payments described in subsection (b) are complete, and shall publish and make such standards and criteria available to attorneys who practice before such Courts.

"(d) Nothing in this section shall be construed to require the assessment of interest against any claim (or portion of any claim) which is denied by the Court involved.

"(e) This section shall apply with respect to claims received by the Superior Court of the District of Columbia or the District of Columbia Court of Appeals during fiscal year 2003 and any subsequent fiscal year."

Section 35 of D.C. Law 19-169 provides:

"Sec. 35. No provision of this act shall impair any right or obligation existing under law."

Effect of Amendments

D.C. Law 15-354 renumbered this section from § 16-2301.01 to § 16-2301.02.

Legislative History of Laws

Law 15-261, the "Omnibus Juvenile Justice Act of 2004", was introduced in Council and assigned Bill No. 15-537, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on October 5, 2004, and November 9, 2004, respectively. Signed by the Mayor on November 30, 2004, it was assigned Act No. 15-637 and transmitted to both Houses of Congress for its review. D.C. Law 15-261 became effective on March 17, 2005.

Law 15-354, the "Technical Amendments Act of 2004", was introduced in Council and assigned Bill No. 15-1130 which was referred to the Committee of the Whole.  The Bill was adopted on first and second readings on December 7, 2004, and December 21, 2004, respectively.   Signed by the Mayor on February 9, 2005, it was assigned Act No. 15-770 and transmitted to both Houses of Congress for its review.  D.C. Law 15-354 became effective on April 13, 2005.

Prior Codifications

1981 Ed., § 16-2302.

1973 Ed., § 16-2302.

Legislative History of Laws

For legislative history of D.C. Law 12-81, see Historical and Statutory Notes following § 16-2301.

Prior Codifications

1981 Ed., § 16-2303.

1973 Ed., § 16-2303.

Miscellaneous Notes

Appropriations approved: Public Law 104-194, 110 Stat. 2358, the District of Columbia Appropriations Act, 1997, provided that funds appropriated for expenses under this section for the fiscal year ending September 30, 1997, shall be available for obligations incurred under the Act in each fiscal year since inception in the fiscal year 1985.

Prior Codifications

1981 Ed., § 16-2304.

1973 Ed., § 16-2304.

Effect of Amendments

D.C. Law 13-136 rewrote subsecs. (b)(2) through (d), inclusive, which previously read:

"(b)(2) The Division shall maintain a register of those attorneys who have expressed an interest in being appointed to represent parties or to serve as guardians ad litem in neglect proceedings, and shall attempt insofar as possible to make appointments from the register.

"(3) If the child has been living with a person other than the parent, the person shall receive notice of the neglect or the termination proceedings and, if the child has been with them for twelve (12) months or more, the person may, upon his or her request, be designated a party to the proceedings. If the child has been living with the person less than twelve (12) months, upon the person's request the judge may, at his or her discretion, designate the person a party to the procedings [proceedings] which pertain to the determination of neglect as defined in D.C. Code, section 16-2301. If the parent or other person party to the proceedings is financially unable to obtain adequate representation, counsel shall be appointed according to rules established by the Superior Court of the District of Columbia. The Superior Court shall in every case involving a neglected child which results in a judicial proceeding, including the termination of the parent and child relationship pursuant to subchapter III of this chapter, appoint a guardian ad litem who is an attorney to represent the child in the proceedings. The guardian ad litem shall in general be charged with the representation of the child's best interest.

"(c) Prior to appointment of counsel under this section, the eligibility of a child or other party to be represented by counsel shall be determined by the Division pursuant to rules established by the Superior Court of the District of Columbia.

"(d) There are authorized to be appropriated such funds as may be necessary for the administration of this section."

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 301(b) of Adoption and Safe Families Temporary Amendment Act of 1999 (D.C. Law 13-56, March 7, 2000, law notification 47 DCR 1978).

Emergency Act Amendments

For temporary (90-day) amendment of section, see § 301(b) 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 § 301(b) 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 § 301(b) of the Adoption and Safe Families Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-240, January 11, 2000, 47 DCR 556).

Legislative History of Laws

For legislative history of D.C. Law 2-22, see Historical and Statutory Notes following § 16-2301.

Law 4-114, the "Assistance to Neglected Children Funding Authorization Act of 1982," was introduced in Council and assigned Bill No. 4-411, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on March 23, 1982, and April 6, 1982, respectively. Signed by the Mayor on April 12, 1982, it was assigned Act No. 4-177 and transmitted to both Houses of Congress for its review.

For legislative history of D.C. Law 5-129, see Historical and Statutory Notes following § 16-2326.1.

For Law 13-136, see notes following § 16-2301.

Prior Codifications

1981 Ed., § 16-2305.

1973 Ed., § 16-2305.

Effect of Amendments

D.C. Law 13-277 rewrote subsec. (a) which formerly read:

"(a) Complaints alleging delinquency, need of supervision, or neglect shall be referred to the Director of Social Services who shall conduct a preliminary inquiry to determine whether the best interests of the child or the public require that a petition be filed. If judicial action appears warranted, under intake criteria established by rule of the Superior Court, the Director shall recommend that a petition be filed. If the Director decides not to recommend the filing of a petition, the complainant in a delinquency or neglect case shall have a right to have that decision reviewed by the Corporation Counsel, and the Director shall notify the complainant of such right of review. Complaints alleging neglect submitted by the Child Protective Services Division of the Department of Human Services shall be referred directly to the Corporation Counsel of the District of Columbia."

and in subsec. (c) substituted "If the Director of Social Services has refused to recommend the filing of a delinquency petition, or if the Director of the Agency has refused to recommend the filing of a neglect petition" for "If the Director of Social Services has refused to recommend the filing of a delinquency or neglect petition" in the second sentence.

D.C. Law 15-261, in subsec. (c), designated the existing language as par. (1), and added par. (2).

Legislative History of Laws

For legislative history of D.C. Law 2-22, see Historical and Statutory Notes following § 16-2301.

For legislative history of D.C. Law 12-81, see Historical and Statutory Notes following § 16-2301.

For D.C. Law 13-277, see notes following § 16-2301.

For Law 15-261, see notes following § 16-2301.

Prior Codifications

1981 Ed., § 16-2305.1.

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 legislative history of D.C. Law 12-81, see Historical and Statutory Notes following § 16-2301.

Miscellaneous Notes

Section 28(c)(1) of D.C. Law 15-354 provides that the section designation of § 16-2305.1 of the District of Columbia Official Code is redesignated as § 16-2305.01.

Prior Codifications

1981 Ed., § 16-2305.2.

Legislative History of Laws

For legislative history of D.C. Law 11-199, see Historical and Statutory Notes following § 16-2305a.

For legislative history of D.C. Law 12-81, see Historical and Statutory Notes following § 16-2301.

Miscellaneous Notes

Section 28(c)(1) of D.C. Law 15-354 provides that the section designation of § 16-2305.2 of the District of Columbia Official Code is redesignated as § 16-2305.02.

Prior Codifications

1981 Ed., § 16-2306.

1973 Ed., § 16-2306.

Prior Codifications

1981 Ed., § 16-2307.

1973 Ed., § 16-2307.

Effect of Amendments

D.C. Law 13-91, in par. (e-2)(1), substituted "first degree sexual abuse" for "forcible rape".

D.C. Law 15-261 rewrote subsecs. (c) and (d) which had read:

"(c) When there are grounds to believe the child is substantially retarded or mentally ill, the Division shall stay the proceedings for the purpose of obtaining an examination. After examination, the Division shall proceed to a determination under subsection (d) of this section unless it determines that the child is incompetent to participate in the proceedings, in which event it shall order the child committed to a mental hospital pursuant to section 16- 2315 or section 24-501(a).

"(d) Unless a commitment under subsection (c) of this section has intervened, the Division shall conduct a hearing on each transfer motion to determine whether to transfer the child for criminal prosecution. This hearing shall be held within ten days (excluding Sundays and legal holidays) of the filing of the transfer motion. The Division shall order the transfer if it determines that it is in the interest of the public welfare and protection of the public security and there are no reasonable prospects for rehabilitation. A statement of the Division's reasons for ordering the transfer shall accompany the transfer order. The Division's findings with respect to each of the factors set forth in subsection (e) of this section relating to the public welfare and protection of the public security shall be included in the statement. This statement shall be available upon request to any court in which the transfer is challenged, but shall not be available to the trier of fact of the criminal charge prior to verdict."

Law 15-358, in subsec. (c), substituted "Chapter 5A of Title 24" for "section 24-501".

Legislative History of Laws

Law 8-71, the "District of Columbia Public School Firearm Prohibition Act of 1989," was introduced in Council and assigned Bill No. 8-240, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on October 10, 1989, and October 24, 1989, respectively. Signed by the Mayor on November 2, 1989, it was assigned Act No. 8-108 and transmitted to both Houses of Congress for its review.

Law 9-272, the "Criminal and Juvenile Justice Reform Act of 1992," was introduced in Council and assigned Bill No. 9-374, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on December 1, 1992, and December 15, 1992, respectively. Signed by the Mayor on January 14, 1993, it was assigned Act No. 9-401 and transmitted to both Houses of Congress for its review. D.C. Law 9-272 became effective on May 15, 1993.

D.C. Law 10-68, the "Technical Amendments Act of 1993," was introduced in Council and assigned Bill No. 10-166, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 29, 1993, and July 13, 1993, respectively. Signed by the Mayor on August 23, 1993, it was assigned Act No. 10-107 and transmitted to both Houses of Congress for its review. D.C. Law 10-68 became effective on February 5, 1994.

Law 10-150, the "Youth Facilities Firearm Prohibition Amendment Act of 1994," was introduced in Council and assigned Bill No. 10-265, which was referred to the Committee on . The Bill was adopted on first and second readings on March 1, 1994, and April 12, 1994, respectively. Signed by the Mayor on April 28, 1994, it was assigned Act No. 10-233 and transmitted to both Houses of Congress for its review. D.C. Law 10-150 became effective on August 18, 1994.

For legislative history of D.C. Law 10-227, see Historical and Statutory Notes following § 16-2301. 8 3.

Law 13-91, the "Technical Amendments Act of 1999," was introduced in Council and assigned Bill No. 13-435, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 2, 1999, and December 7, 1999, respectively. Signed by the Mayor on December 29, 1999, it was assigned Act No. 13-234 and transmitted to both Houses of Congress for its review. D.C. Law 13-91 became effective on April 12, 2000.

For Law 15-261, see notes following § 16-2301.

Law 15-358, the "Incompetent Defendants Criminal Commitment Act of 2004", was introduced in Council and assigned Bill No. 15-967, which was referred to the Committee on Judiciary. The Bill was adopted on first and second readings on December 7, 2004, and December 21, 2004, respectively. Signed by the Mayor on January 19, 2005, it was assigned Act No. 15-748 and transmitted to both Houses of Congress for its review. D.C. Law 15-358 became effective on May 24, 2005.

Prior Codifications

1981 Ed., § 16-2308.

1973 Ed., § 16-2308.

Prior Codifications

1981 Ed., § 16-2309.

1973 Ed., § 16-2309.

Effect of Amendments

D.C. Law 13-277 substituted "Director of the Agency" for "Chief of the Child Protective Services Division of the Department of Human Services" throughout the section; in subsec. (a)(3), substituted "any employee of the Agency authorized to do so, or a law enforcement officer," for "a law enforcement officer"; and, in subsec. (a)(4), substituted "any employee of the Agency authorized to do so, or a law enforcement officer" for "a law enforcement officer" and "§ 4-1301.07(b), when the employee or" for "§ 4-1301.07(b) when".

D.C. Law 15-261, in subsec. (a), made nonsubstantive changes at the end of par. (7) and (8), and added par. (9).

D.C. Law 15-353, in subsec. (a), made nonsubstantive changes in pars. (8) and (9), and added par. (10).

D.C. Law 16-191, in subsecs. (a)(8), (9), and (10), validated previously made technical corrections.

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 402 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2002 (D.C. Law 14-164, June 25, 2002, law notification 49 DCR 6500).

For temporary (225 day) amendment of section, see § 402 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2003 (D.C. Law 15-2, May 3, 2003, law notification 50 DCR 3782).

For temporary (225 day) amendment of section, see § 402 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2004 (D.C. Law 15-117, March 30, 2004, law notification 51 DCR 3804).

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).

For temporary (225 day) amendment of section, see § 402 of the Child and Youth, Safety and Health Omnibus Second Temporary Amendment Act of 2004 (D.C. Law 15- 319, on April 8, 2005, law notification 52 DCR 4708).

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 402 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2002 (D.C. Act 14-310, March 26, 2002, 49 DCR 3420).

For temporary (90 day) amendment of section, see § 402 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2003 (D.C. Act 15-3, January 22, 2003, 50 DCR 1426).

For temporary (90 day) amendment of section, see § 402 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-71, April 16, 2003, 50 DCR 3593).

For temporary (90 day) amendment of section, see § 402 of Child and Youth, Safety and Health Omnibus Second Emergency Amendment Act of 2003 (D.C. Act 15- 279, December 18, 2003, 51 DCR 60).

For temporary (90 day) amendment of section, see § 402 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-407, March 18, 2004, 51 DCR 3659).

For temporary (90 day) amendment of section, see § 2(a) 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(a) 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 § 402 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2004 (D.C. Act 15-630, November 30, 2004, 52 DCR 1143).

For temporary (90 day) amendment of section, see § 2(a) of Juvenile Justice Second Congressional Review Emergency Act of 2004 (D.C. Act 15-727, January 19, 2005, 52 DCR 1952).

For temporary (90 day) amendment of section, see § 402 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-30, February 17, 2005, 52 DCR 2993).

Legislative History of Laws

For legislative history of D.C. Law 2-22, see Historical and Statutory Notes following § 16-2301.

For legislative history of D.C. Law 6-140, see Historical and Statutory Notes following § 16-2310.01.

For legislative history of D.C. Law 8-134, see Historical and Statutory Notes following § 16-2301.

For legislative history of D.C. Law 10-68, see Historical and Statutory Notes following § 16-2307.

Law 10-159, the "Police Truancy Enforcement Amendment Act of 1994," was introduced in Council and assigned Bill No. 10-248, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 7, 1994, and June 21, 1994, respectively. Signed by the Mayor on July 8, 1994, it was assigned Act No. 10-275 and transmitted to both Houses of Congress for its review. D.C. Law 10-159 became effective on August 25, 1995.

Law 11-255, the "Second Technical Amendments Act of 1996," was introduced in Council and assigned Bill No. 11-905, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 7, 1996, and December 3, 1996, respectively. Signed by the Mayor on December 24, 1996, it was assigned Act No. 11-519 and transmitted to both Houses of Congress for its review. D.C. Law 11-255 became effective on April 9, 1997.

For legislative history of D.C. Law 12-81, see Historical and Statutory Notes following § 16-2301.

Law 12-258, the "Home and Community Juvenile Probation Supervision Act of 1998," was introduced in Council and assigned Bill No. 12-596. The Bill was adopted on first and second readings on December 1, 1998, and December 15, 1998, respectively. Signed by the Mayor on December 31, 1998, it was assigned Act No. 12-610 and transmitted to both Houses of Congress for its review. D.C. Law 12-258 became effective April 20, 1999.

For D.C. Law 13-277, see notes following § 16-2301.

For Law 15-261, see notes following § 16-2301.

Law 15-353, the "Child and Youth, Safety and Health Omnibus Amendment Act of 2004", was introduced in Council and assigned Bill No. 15-607 which was referred to the Committees on Human Services, Finance and Revenue, and Education, Libraries and Recreation. The Bill was adopted on first and second readings on December 7, 2004, and December 21, 2004, respectively. Signed by the Mayor on January 19, 2005, it was assigned Act No. 15-759 and transmitted to both Houses of Congress for its review. D.C. Law 15-353 became effective on April 13, 2005.

For Law 16-191, see notes following § 16-910.

Prior Codifications

1981 Ed., § 16-2310.

1973 Ed., § 16-2310.

Effect of Amendments

D.C. Law 16-308 added subsec. (a-1).

D.C. Law 17-328 rewrote subsec. (e) and added subsec. (f). Prior to amendment, subsec. (e) read as follows:

"(e) Fact finding hearings for children placed in secure detention shall be held within the time limits provided in this subsection.

"(1) Except as provided in this subsection, whenever a child has been placed in secure detention prior to a fact finding hearing pursuant to 16-2310 through 16-2313, the fact finding hearing set forth in §§ 16-2316 shall commence not later than 30 days from the date at which the Division authorized the child to be detained pursuant to § 16-2312, unless the child is charged with murder, assault with intent to kill, first degree sexual abuse, burglary in the first degree, or robbery while armed, in which case the fact finding hearing shall commence not later than 45 days from the date at which the Division authorized the child to be securely detained.

"(2) Upon motion of the Corporation Counsel, for good cause shown, or by or on behalf of the child consistent with the Rules of the Superior Court, the fact finding hearing of a child securely detained may be continued, and the child continued in secure detention for additional periods not to exceed 30 days each.

"(3) In determining whether good cause has been shown as required by paragraph (2) of this subsection, the Division shall take into account, among other appropriate matters, and shall state its findings on the record, as to whether:

"(A) There has been or will be a delay resulting from other proceedings concerning the child, including, but not limited to, examinations to determine the mental competency or physical capacity of the child; from a hearing with respect to other charges against the child; from any interlocutory or expedited appeal; from the making, or consideration by the Division, of any pretrial motions; and from any proceeding relating to the transfer of the child pursuant to § 16-2307;

"(B) Any essential witness is absent or unavailable. For purposes of this subparagraph, an essential witness shall be considered absent when his or her whereabouts are unknown or cannot be determined by due diligence and shall be considered unavailable when his or her presence for the hearing cannot be obtained by due diligence;

"(C) Despite the exercise of due diligence, necessary autopsies, medical examinations, fingerprint examinations, ballistic tests, drug analysis, or other scientific tests have not been completed; or

"(D) The ends of justice served by continuing the period of detention outweigh the interests of the child and public in a speedy trial.

"(4) Upon motion by or on behalf of the child, a child in secure detention shall be released from custody if the fact finding hearing is not commenced within the time period set forth in this subsection."

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 2(b) of the Juvenile Speedy Trial Equity Temporary Act of 2008 (D.C. Law 17-139, March 26, 2008, law notification 55 DCR 4470).

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 302 of Enhanced Crime Prevention and Abatement Emergency Amendment Act of 2006 (D.C. Act 16-446, July 21, 2006, 53 DCR 6477).

For temporary (90 day) amendment of section, see § 102 of Crime Reduction Initiative Emergency Amendment Act of 2006 (D.C. Act 16-491, October 19, 2006, 53 DCR 8818).

For temporary (90 day) amendment of section, see § 101 of Crime Reduction Initiative Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-9, January 16, 2007, 54 DCR 1471).

For temporary (90 day) amendment of section, see § 2 of Crime Reduction Initiative (Rebuttable Presumption) Congressional Review Emergency Act of 2007 (D.C. Act 17-24, April 19, 2007, 54 DCR 4033).

For temporary (90 day) amendment of section, see § 2(b) of Juvenile Speedy Trial Equity Emergency Act of 2007 (D.C. Act 17-235, December 27, 2007, 55 DCR 240).

For temporary (90 day) amendment of section, see § 2(b) of Juvenile Speedy Trail Equity Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17- 315, March 19, 2008, 55 DCR 3408).

For temporary (90 day) amendment of section, see § 2 of Juvenile Speedy Trial Equity Emergency Act of 2008 (D.C. Act 17-567, November 3, 2008, 55 DCR 12107).

For temporary (90 day) amendment of section, see § 2 of Juvenile Speedy Trial Equity Congressional Review Emergency Act of 2009 (D.C. Act 18-7, January 29, 2009, 56 DCR 1633).

Legislative History of Laws

For legislative history of D.C. Law 2-22, see Historical and Statutory Notes following § 16-2301.

Law 11-179, the "Juvenile Detention and Speedy Trial Act of 1996," was introduced in Council and assigned Bill No. 11-475, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 19, 1996, and July 3, 1996, respectively. Signed by the Mayor on July 22, 1996, it was assigned Act No. 11-329 and transmitted to both Houses of Congress for its review. D.C. Law 11-179 became effective on April 9, 1997.

Law 16-308, the "Rebuttable Presumption to Detain Robbery and Handgun Violation Suspects Act of 2006", was introduced in Council and assigned Bill No. 16-895, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on December 5, 2006, and December 19, 2006, respectively. Signed by the Mayor on December 28, 2006, it was assigned Act No. 16-643 and transmitted to both Houses of Congress for its review. D.C. Law 16-308 became effective on May 5, 2007.

Law 17-328, the "Juvenile Speedy Trial Equity Act of 2008", was introduced in Council and assigned Bill No. 17-431 which was referred to the Committee on Public Safety and the 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 5, 2009, it was assigned Act No. 17-634 and transmitted to both Houses of Congress for its review. D.C. Law 17-328 became effective on March 21, 2009.

Miscellaneous Notes

Application of Law 11-179: Section 3 of D.C. Law 11-179 provided that the act shall be applicable 120 days from the effective date of the act. D.C. Law 11- 179 became effective on April 9, 1997.

Prior Codifications

1981 Ed., § 16-2310.1.

Temporary Addition of Section

For temporary (225 day) addition of section, see § 2(c) of the Juvenile Speedy Trial Equity Temporary Act of 2008 (D.C. Law 17-139, March 26, 2008, law notification 55 DCR 4470).

Emergency Act Amendments

For temporary (90 day) addition, see § 2(c) of Juvenile Speedy Trial Equity Emergency Act of 2007 (D.C. Act 17-235, December 27, 2007, 55 DCR 240).

For temporary (90 day) addition, see § 2(c) of Juvenile Speedy Trail Equity Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-315, March 19, 2008, 55 DCR 3408).

Legislative History of Laws

Law 6-140, the "Juvenile Protective Act of 1986," was introduced in Council and assigned Bill No. 6-250, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on May 27, 1986, and June 10, 1986, respectively. Signed by the Mayor on June 13, 1986, it was assigned Act No. 6-178 and transmitted to both Houses of Congress for its review.

Miscellaneous Notes

Section 28(c)(2) of D.C. Law 15-354 provides that the section designation of § 16-2310.1 of the District of Columbia Official Code is redesignated as § 16-2310.01.

Prior Codifications

1981 Ed., § 16-2311.

1973 Ed., § 16-2311.

Effect of Amendments

D.C. Law 13-277 substituted "Director of the Agency" for "Chief of the Child Protective Services Division of the Department of Human Services" throughout the section.

Legislative History of Laws

For legislative history of D.C. Law 2-22, see Historical and Statutory Notes following § 16-2301.

For legislative history of D.C. Law 6-140, see Historical and Statutory Notes following § 16-2310.01.

For D.C. Law 13-277, see notes following § 16-2301.

Prior Codifications

1981 Ed., § 16-2311.1.

Legislative History of Laws

For legislative history of D.C. Law 6-140, see Historical and Statutory Notes following § 16-2310.01.

Delegation of Authority

Delegation of authority pursuant to Law 6-140, see Mayor's Order 86-192, October 27, 1986.

Miscellaneous Notes

Section 28(c)(3) of D.C. Law 15-354 provides that the section designation of § 16-2311.1 of the District of Columbia Official Code is redesignated as § 16-2311.01.

Prior Codifications

1981 Ed., § 16-2312.

1973 Ed., § 160-2312.

Effect of Amendments

D.C. Law 13-136 added par. (3) of subsec. (d).

D.C. Law 15-341 rewrote subsec. (a) and added subsec. (a-1). Prior to amendment, subsec. (a) read as follows:

"(a) When a child is not released as provided in section 16-2311

"(1) a detention or shelter care hearing shall be commenced not later than the next day (excluding Sundays) after the child has been taken into custody or transferred from another court as provided by section 16-2302; and

"(2) a petition shall be filed at or prior to the detention or shelter care hearing."

D.C. Law 18-312 adds subsec. (k).

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 301(c) of Adoption and Safe Families Temporary Amendment Act of 1999 (D.C. Law 13-56, March 7, 2000, law notification 47 DCR 1978).

Emergency Act Amendments

For temporary (90-day) amendment of section, see § 301(c) 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 § 301(c) 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 § 301(c) 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 § 2(a) of Child in Need of Protection Emergency Act of 2004 (D.C. Act 15-724, January 19, 2005, 52 DCR 1945).

For temporary (90 day) addition of section, see § 2(b) of Child in Need of Protection Emergency Act of 2004 (D.C. Act 15-724, January 19, 2005, 52 DCR 1945).

For temporary (90 day) amendment of section, see § 2 of Juvenile Arraignments on Inauguration Day Emergency Act of 2008 (D.C. Act 17-643, January 5, 2009, 56 DCR 680).

Legislative History of Laws

For Law 13-136, see notes following § 16-2301.

Law 15-341, the "Child in Need of Protection Amendment Act of 2004", was introduced in Council and assigned Bill No. 15-389 which was referred to the Committee on Judiciary and the Committee on Human Services. The Bill was adopted on first and second readings on December 7, 2004, and December 21, 2004, respectively. Signed by the Mayor on January 19, 2005, it was assigned Act No. 15-758 and transmitted to both Houses of Congress for its review. D.C. Law 15-341 became effective on April 12, 2005.

Law 18-312, the "Prevention of Child Abuse and Neglect Amendment Act of 2010", was introduced in Council and assigned Bill No. 18-579, which was referred to the Committee on Human Services, Public Safety and the Judiciary. The Bill was adopted on first and second readings on November 9, 2010, and November 23, 2010, respectively. Signed by the Mayor on December 13, 2010, it was assigned Act No. 18-633 and transmitted to both Houses of Congress for its review. D.C. Law 18-312 became effective on March 12, 2011.

Legislative History of Laws

For Law 15-341, see notes following § 16-2312.

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.

Prior Codifications

1981 Ed., § 16-2314.

1973 Ed., § 16-2314.

Prior Codifications

1981 Ed., § 16-2315.

1973 Ed., § 16-2315.

Effect of Amendments

D.C. Law 15-261, in subsec. (a), designated the existing text as par. (1), and added pars. (2) and (3);  in subsec. (b), substituted "psychiatrist or qualified psychologist" for "psychiatrist" in par.  (2), and rewrote par. (3); added subsec. (b-1);  rewrote subsec. (c);  and added subsec. (f).   Prior to amendment, par. (3) of subsec. (b) and subsec. (c) read as follows:

"(3) Hospitalization for an examination shall be for a period of not more than twenty-one (21) days, except that the Division may, for good cause shown, grant extensions which may not exceed twenty-one (21) days in the aggregate.

"(c)(1) If as a result of mental examination the Division determines that a child alleged to be delinquent is incompetent to participate in proceedings under the petition by reason of mental illness or at least moderate mental retardation as defined in section 7-1301.03(2), it shall, except as provided in subsection (2), suspend further proceedings and the Corporation Counsel shall initiate commitment proceedings pursuant to Chapter 5 or 11 of Title 21.

"(2) If a motion for transfer for criminal prosecution has been filed pursuant to section 16-2307 and the Division determines that a child alleged to be delinquent is incompetent to participate in the transfer proceedings by reason of mental illness, it shall suspend further proceedings and order the child confined to a suitable hospital or facility for the mentally ill until his competency is restored. If prior to the time the child reaches the age of 21 it appears that he will not regain his competency to participate in the proceedings, the Corporation Counsel shall initiate commitment proceedings pursuant to Chapter 5 of Title 21.

"(3) If, as a result of mental examination, the Division determines that a child alleged to be in need of supervision is incompetent to participate in proceedings under the petition by reason of mental illness or at least moderate mental retardation as defined in section 7-1301.03(2), it shall suspend further proceedings. If proceedings are suspended, the Corporation Counsel may initiate commitment proceedings pursuant to chapter 5 or 11 of title 21."

Legislative History of Laws

For legislative history of D.C. Law 2-22, see Historical and Statutory Notes following § 16-2301.

Law 3-140, the "Inpatient Health Examination of Youth Act of 1980," was introduced in Council and assigned Bill No. 3-220, which was referred to the Committee on Human Resources. The Bill was adopted on first and second readings on July 29, 1980, and September 16, 1980, respectively. Signed by the Mayor on October 2, 1980, it was assigned Act No. 3-261 and transmitted to both Houses of Congress for its review.

For legislative history of D.C. Law 12-81, see Historical and Statutory Notes following § 16-2301.

For Law 15-261, see notes following § 16-2301.

Prior Codifications

1981 Ed., § 16-2316.

1973 Ed., § 16-2316.

Effect of Amendments

D.C. Law 15-105, in subsec. (d), (d)(1), (d)(1)(D), validated a previously made technical correction.

D.C. Law 15-261 rewrote subsec. (e) which had read:

"(e) All hearings and proceedings under this subchapter shall be recorded by appropriate means. Except in hearings to declare a person in contempt of court, the general public shall be excluded from hearings arising under this subchapter. Only persons necessary to the proceedings shall be admitted, but the Division may, pursuant to rule of the Superior Court, admit such other persons (including members of the press) as have a proper interest in the case or the work of the court on condition that they refrain from divulging information identifying the child or members of his family involved in the proceedings."

Legislative History of Laws

For legislative history of D.C. Law 2-22, see Historical and Statutory Notes following § 16-2301.

Law 7-104, the "Technical Amendments Act of 1987," was introduced in Council and assigned Bill No. 7-346, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 24, 1987, and December 8, 1987, respectively. Signed by the Mayor on December 22, 1987, it was assigned Act No. 7-124 and transmitted to both Houses of Congress for its review.

For legislative history of D.C. Law 8-134, see Historical and Statutory Notes following § 16-2301.

D.C. Law 10-68, the "Technical Amendments Act of 1993," was introduced in Council and assigned Bill No. 10-166, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 29, 1993, and July 13, 1993, respectively. Signed by the Mayor on August 23, 1993, it was assigned Act No. 10-107 and transmitted to both Houses of Congress for its review. D.C. Law 10-68 became effective on February 5, 1994.

For Law 15-105, see notes following § 16-1005.

For Law 15-261, see notes following § 16-2301.

References in Text

"This act," referred to in the introductory paragraph of subsection (d)(1), is the Act of September 23, 1977, D.C. Law 2-22 which is codified as § 4-1321.01 et seq., § 4-1301.02 et seq., and § 16-2301 et seq.

Temporary Amendments of Section

Section 3 of D.C. Law 13-193 amended this section to set timelines for factfinding and dispositional hearings.

Section 6 (b) of D.C. Law 13-193 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary (90-day) amendment of section, see § 3(a) of the Adoption and Safe Families Compliance Emergency Amendment Act of 1999 (D.C. Act 13-383, July 24, 2000, 47 DCR 6700).

For temporary (90 day) amendment of section, see § 3(a) 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 § 3(a) 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 § 16-2301.

Prior Codifications

1981 Ed., § 16-2317.

1973 Ed., § 16-2317.

Effect of Amendments

D.C. Law 13-277, in subsec. (c)(2), added "(in delinquency or need of supervision cases) or of the Director of the Child and Family Services Agency (in neglect cases) as" following "Director of Social Services".

D.C. Law 14-206, in subsec. (b), inserted "The Court may not make a finding of neglect based solely on a finding that a child is born addicted or dependent on a controlled substance or has a significant presence of a controlled substance in his or her system at birth."

D.C. Law 15-261, in subsec. (c)(2), substituted "There shall be a rebuttable presumption that a finding of the commission of an act which would constitute a criminal offense if committed by an adult is sufficient to sustain a finding of need for care or rehabilitation in delinquency and need of supervision cases." for "In the absence of evidence to the contrary, a finding of the commission of an act which would constitute a criminal offense if committed by an adult is sufficient to sustain a finding of need for care or rehabilitation in delinquency and need of supervision cases."; rewrote subsec. (d); and added subsec. (f). Prior to amendment, subsec. (d) read as follows:

"(d) If the Division finds that the child is not in need of care or rehabilitation it shall terminate the proceedings and discharge the child from detention, shelter care, or other restriction previously ordered."

D.C. Law 16-306, in subsec. (d)(5), substituted "Division may consider the child's failure to appear at a scheduled hearing and shall" for "Division shall".

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 2(b), (c) 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(b), (c), 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(b), (c) 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(b), (c) of Juvenile Justice Second Congressional Review Emergency Act of 2004 (D.C. Act 15-727, January 19, 2005, 52 DCR 1952).

For temporary (90 day) amendment of section, see § 206(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 § 206(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 § 206(b) 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 § 206(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 legislative history of D.C. Law 10-68, see Historical and Statutory Notes following § 16-2316.

For D.C. Law 13-277, see notes following § 16-2301.

For D.C. Law 14-206, see notes following § 16-2301.

For Law 15-261, see notes following § 16-2301.

For Law 16-306, see notes following § 16-1001.

Prior Codifications

1981 Ed., § 16-2318.

1973 Ed., § 16-2318.

Legislative History of Laws

Law 7-222, the "Motor Vehicle Operator's Permit Revocation Amendment Act of 1988," was introduced in Council and assigned Bill No. 7-489, which was referred to the Committee on Public Works. The Bill was adopted on first and second readings on November 29, 1988, and December 13, 1988, respectively. Signed by the Mayor on January 6, 1989, it was assigned Act No. 7-297 and transmitted to both Houses of Congress for its review.

Prior Codifications

1981 Ed., § 16-2319.

1973 Ed., § 16-2319.

Effect of Amendments

D.C. Law 13-277, in subsec. (a), added "(in delinquency or need of supervision cases) or the Director of the Child and Family Services Agency (in neglect cases)" following "Director of Social Services".

D.C. Law 15-261 rewrote subsec. (a) and added subsecs. (d) to (g). Prior to amendment, subsec. (a) read as follows:

"(a) After a motion for transfer has been filed, or after the Division has made findings pursuant to subsection (c) of section 16-2317 sustaining the allegations of a petition and, in neglect cases, the conclusion that the child is neglected, the Division shall direct that a predisposition study and report to the Division be made by the Director of Social Services (in delinquency or need of supervision cases) or the Director of the Child and Family Services Agency (in neglect cases) or a qualified agency designated by the Division concerning the child, his family, his environment, and other matters relevant to the need for treatment or disposition of the case. Except in connection with a hearing on a transfer motion, no predisposition study or report shall be furnished to or considered by the Division prior to completion of the factfinding hearing."

Legislative History of Laws

For legislative history of D.C. Law 2-22, see Historical and Statutory Notes following § 16-2301.

For legislative history of D.C. Law 10-227, see Historical and Statutory Notes following § 16-2301.

For D.C. Law 13-277, see notes following § 16-2301.

For Law 15-261, see notes following § 16-2301.

References in Text

Section 109 of the Prevention of Child Abuse and Neglect Act of 1977, referred to in the first sentence in subsection (b) of this section, is § 109 of the Act of September 23, 1977, D.C. Law 2-22 codified as § 4-1321.01 et seq., 4-1301.02 et seq., and 16-2301 et seq.

Prior Codifications

1981 Ed., § 16-2320.

1973 Ed., § 16-2320.

Effect of Amendments

D.C. Law 13-136 rewrote subsec. (f), which previously read:

"In its dispositional order for a child adjudicated neglected the Division shall address the matters set forth in section 16-2319(c) by accepting, modifying, or rejecting the plan submitted pursuant thereto. If the plan is rejected or major modifications are made, the agency charged with service responsibility shall within thirty (30) days submit to the Division and to all parties a plan which addresses the matters delineated in section 16-2319(b). The agency responsible for providing the services shall promptly report to the Division and all parties if it is unable for whatever reasons to provide the services delineated in the plan."

D.C. Law 15-261 added subsec. (c-2); and rewrote subsec. (d) which had read as follows:

"(d) No child found in need of supervision, unless also found delinquent, shall be committed to or placed in an institution or facility for delinquent children; except that if such child has previously been found in need of supervision and the Division, after hearing, so finds, the Division may specify that such child be committed to or placed in an institution or facility for delinquent children."

D.C. Law 16-306 added subsec. (c-3).

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 301(d) of Adoption and Safe Families Temporary Amendment Act of 1999 (D.C. Law 13-56, March 7, 2000, law notification 47 DCR 1978).

Emergency Act Amendments

For temporary (90-day) amendment of section, see § 301(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 § 301(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 § 301(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 § 206(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 § 206(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 § 206(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 § 206(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 legislative history of D.C. Law 2-22, see Historical and Statutory Notes following § 16-2301.

Law 4-29, the "District of Columbia Uniform Controlled Substances Act of 1981," was introduced in Council and assigned Bill No. 4-123, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on May 5, 1981, and May 19, 1981, respectively. Signed by the Mayor on June 9, 1981, it was assigned Act No. 4-51 and transmitted to both Houses of Congress for its review.

For legislative history of D.C. Law 7-104, see Historical and Statutory Notes following § 16-2316.

Law 7-231, the "Technical Amendments Act of 1988," was introduced in Council and assigned Bill No. 7-586, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 29, 1988, and December 13, 1988, respectively. Signed by the Mayor on January 6, 1989, it was assigned Act No. 7-285 and transmitted to both Houses of Congress for its review.

Law 8-61, the "Youth Offender Community Service Amendment Act of 1989," was introduced in Council and assigned Bill No. 8-138, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 27, 1989, and July 11, 1989, respectively. Signed by the Mayor on August 1, 1989, it was assigned Act No. 8-84 and transmitted to both Houses of Congress for its review.

For legislative history of D.C. Law 9-272, see Historical and Statutory Notes following § 16-2307.

For legislative history of D.C. Law 10-227, see Historical and Statutory Notes following § 16-2301.

For legislative history of D.C. Law 11-255, see Historical and Statutory Notes following § 16-2309.

For Law 13-136, see notes following § 16-2301.

For Law 15-261, see notes following § 16-2301.

For Law 16-306, see notes following § 16-1001.

References in Text

The "District of Columbia Uniform Controlled Substances Act of 1981," referred to in subsection (h), is D.C. Law 4-29. Section 505 of the Act is codified at § 48-905.05; however, the reference to § 505(c) of the Act in subsection (h) should probably be to § 504(c) of the Act which is codified at § 48-905.04.

Effect of Amendments

D.C. Law 16-191, in subsec. (c)(1)(C), validated a previously made technical correction.

D.C. Law 18-377, in subsec. (g), added the second sentence; and added subsecs. (j) to (q).

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 506(a) of Public Safety Legislation Sixty-Day Layover Emergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640).

For temporary (90 day) amendment of section, see § 506(a) of Public Safety Legislation Sixty-Day Layover Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701).

Legislative History of Laws

For Law 15-261, see notes following § 16-2301.

For Law 16-191, see notes following § 16-910.

For history of Law 18-377, see notes under § 16-711.01.

Prior Codifications

1981 Ed., § 16-2321.

1973 Ed., § 16-2321.

Effect of Amendments

D.C. Law 19-169 rewrote the section heading which had read: "Disposition of mentally ill or substantially retarded child"; in subsec. (a), substituted "has a mental illness or a substantial intellectual disability" for "is mentally ill or substantially retarded"; and, in subsec. (b), substituted "have a mental illness or a substantial intellectual disability" for "be mentally ill or substantially retarded".

Legislative History of Laws

For history of Law 19-169, see notes under § 16-1054.

Prior Codifications

1981 Ed., § 16-2322.

1973 Ed., § 16-2322.

Effect of Amendments

D.C. Law 15-261, in subsec. (c), substituted "Director of Social Services or the Corporation Counsel" for "Director of Social Services".

Legislative History of Laws

For legislative history of D.C. Law 9-272, see Historical and Statutory Notes following § 16-2307.

For legislative history of D.C. Law 12-81, see Historical and Statutory Notes following § 16-2301.

For Law 15-261, see notes following § 16-2301.

Prior Codifications

1981 Ed., § 16-2323.

1973 Ed., § 16-2323.

Effect of Amendments

D.C. Law 13-136 rewrote this section, which previously read:

"(a) When a child has been adjudicated neglected and a dispositional order has been entered by the Division, the Division shall hold a review hearing.

"(1) at least every six (6) months for a child under the age of six (6) years who is committed to the custody of an agency, department, or institution;

"(2) at least every six (6) months for a child of any age who is committed to

the custody of an agency, department, or institution but has not been committed for longer than two (2) years;

"(3) at least every year for all other children.

"(b) At least ten (10) days prior to each review hearing the Division or the department, agency, or institution responsible for the supervision of the services to the child and his parent, guardian, or custodian shall submit a report to the Division which shall include, but not be limited to, the following information:

"(1) the services provided or offered to the child and his parent, guardian or other custodian;

"(2) any evidence of the amelioration of the condition which resulted in the finding of neglect and any evidence of new problems which would adversely affect the child;

"(3) an evaluation of the cooperation of the parent, guardian or custodian with the Division or the applicable department, agency, or institution;

"(4) in those cases in which the custody of the child has been vested in a department, agency, institution or person other than the parent--

"(A) the extent to which visitation has occurred and any reasons why visitation has not occurred or has been infrequent,

"(B) the estimated time in which the child can be returned to the home, and

"(C) whether the agency has initiated or intends to initiate the filing by the Corporation Counsel of a motion requesting the termination of the parent and child relationship and any reasons why it does not intend to initiate the filing of such a motion; and

"(5) such other information as may be required by rules of the Superior Court of the District of Columbia.

"(c) A notice of a review hearing under this section shall be given to all parties and their attorneys of record as prescribed by rules of the Superior Court of the District of Columbia.

"(d) If the Division finds that the commitment of the child to a department, agency, institution or person other than the parent is no longer necessary to safeguard the welfare of the child, the Division may order:

"(1) the child returned to the home and the provision of supervision or other services; or

"(2) any other disposition authorized by section 16-2320(a)."

D.C. Law 15-261 added subsecs. (g) and (h).

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 301(e) of Adoption and Safe Families Temporary Amendment Act of 1999 (D.C. Law 13-56, March 7, 2000, law notification 47 DCR 1978).

Emergency Act Amendments

For temporary (90-day) amendment of section, see § 301(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) amendment of section, see § 301(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) amendment of section, see § 301(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).

Legislative History of Laws

For legislative history of D.C. Law 2-22, see Historical and Statutory Notes following § 16-2301.

For Law 13-136, see notes following § 16-2301.

For Law 15-261, see notes following § 16-2301.

Prior Codifications

1981 Ed., § 16-2324.

1973 Ed., § 16-2324.

Effect of Amendments

D.C. Law 15-261, in the section heading, substituted "Vacation" for "Modification"; designated the existing language of the section as subsec. (a); and added subsec. (b).

Legislative History of Laws

For legislative history of D.C. Law 2-22, see Historical and Statutory Notes following § 16-2301.

For legislative history of D.C. Law 9-272, see Historical and Statutory Notes following § 16-2307.

For Law 15-261, see notes following § 16-2301.

Prior Codifications

1981 Ed., § 16-2325.

1973 Ed., § 16-2325.

Legislative History of Laws

For legislative history of D.C. Law 2-22, see Historical and Statutory Notes following § 16-2301.

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.

Emergency Act Amendments

For temporary (90 day) addition, see § 206(d) of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).

For temporary (90 day) addition, see § 206(d) 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) addition, see § 206(d) 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) addition, see § 206(d) 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 16-306, see notes following § 16-1001.

Prior Codifications

1981 Ed., § 16-2326.

1973 Ed., § 16-2326.

Legislative History of Laws

For legislative history of D.C. Law 2-22, see Historical and Statutory Notes following § 16-2301.

Prior Codifications

1981 Ed., § 16-2326.1.

Effect of Amendments

Pub. L. 107-96, in subsec. (b) substituted "$1,600" for "$1,100" in pars. (1) and (2), substituted "$2,200" for "$1,500" in par. (3), and substituted "$1,100" for "$750" in par. (4).

D.C. Law 17-271, in subsecs. (b)(1), (2), substituted "$1,760" for "$1,600"; in subsec. (b)(3), substituted "$2,400" for "$2,200"; and, in subsec. (b)(4), substituted "$1,200" for "$1,100".

Pub. L. 111-8, in subsecs. (b)(1), (2), substituted "$1,980" for "$1,760"; in subsec. (b)(3), substituted "$2,700" for "$2,400"; and, in subsec. (b)(4), substituted "$1,350" for "$1,200".

Emergency Act Amendments

For temporary (90 day) amendment, see § 2 of Appointed Attorney Compensation Emergency Act of 2008 (D.C. Act 17-455, July 28, 2008, 55 DCR 8717).

For temporary (90 day) amendment of section, see § 2 of Appointed Attorney Compensation Congressional Review Emergency Act of 2008 (D.C. Act 17-539, October 20, 2008, 55 DCR 11419).

Legislative History of Laws

Law 5-129, the "Neglect Representation Equity Act of 1984," was introduced in Council and assigned Bill No. 5-356, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on July 10, 1984, and September 12, 1984, respectively. Signed by the Mayor on October 1, 1984, it was assigned Act No. 5-182 and transmitted to both Houses of Congress for review.

Law 6-192, the "Technical Amendments Act of 1986," was introduced in Council and assigned Bill No. 6-544, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 5, 1986, and November 18, 1986, respectively. Signed by the Mayor on December 10, 1986, it was assigned Act No. 6-246 and transmitted to both Houses of Congress for its review.

D.C. Law 10-11, the "Omnibus Budget Support Temporary Act of 1993," was introduced in Council and assigned Bill No. 10-259. The Bill was adopted on first and second readings on May 4, 1993, and June 1, 1993, respectively. Signed by the Mayor on June 15, 1993, it was assigned Act No. 10-39 and transmitted to both Houses of Congress for its review. D.C. Law 10-11 became effective on August 6, 1993.

D.C. Law 10-25, the "Omnibus Budget Support Act of 1993," was introduced in Council and assigned Bill No. 10-165, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 1, 1993, and June 29, 1993, respectively. Signed by the Mayor on July 16, 1993, it was assigned Act No. 10-57 and transmitted to both Houses of Congress for its review. D.C. Law 10-25 became effective on September 30, 1993.

Law 17-271, the "Appointed Attorney Compensation Act of 2008", was introduced in Council and assigned Bill No. 17-757 which was referred to the Committee on Public Safety and Judiciary. The Bill was adopted on first and second readings on July 15, 2008, and September 16, 2008, respectively. Signed by the Mayor on September 30, 2008, it was assigned Act No. 17-525 and transmitted to both Houses of Congress for its review. D.C. Law 17-271 became effective on November 25, 2008.

Effective Dates

Pub. L. 107-96, 115 Stat. 929, the District of Columbia Appropriations Act, 2002, provides in part:

"The amendments made by this provision shall apply with respect to cases and proceedings initiated on or after March 1, 2002."

Section 822(c) of Pub. L. 111-8 provides:

"The amendments made by this section shall apply with respect to cases and proceedings initiated on or after the date of enactment of this Act."

Miscellaneous Notes

Section 28(c)(5) of D.C. Law 15-354 provides that the section designation of § 16-2326.1 of the District of Columbia Official Code is redesignated as § 16-2326.01.

Section 3 of D.C. Law 17-271 provides:

"Sec. 3. Applicability of maximum compensation increases.

"Section 2 shall apply to compensation for representation provided in cases and proceedings initiated on or after the effective date of An Act To amend title 11, District of Columbia Official Code, to implement the increase provided under the District of Columbia Appropriations Act, 2008, in the amount of funds made available for the compensation of attorneys representing indigent defendants in the District of Columbia courts, and for other purposes, H.R. 5551, 110th Cong. (2008)."

Prior Codifications

1981 Ed., § 16-2327.

1973 Ed., § 16-2327.

Legislative History of Laws

For legislative history of D.C. Law 2-22, see Historical and Statutory Notes following § 16-2301.

Prior Codifications

1981 Ed., § 16-2328.

1973 Ed., § 16-2328.

Legislative History of Laws

For legislative history of D.C. Law 2-22, see Historical and Statutory Notes following § 16-2301.

Prior Codifications

1981 Ed., § 16-2329.

1973 Ed., § 16-2329.

Legislative History of Laws

For legislative history of D.C. Law 2-22, see Historical and Statutory Notes following § 16-2301.

Prior Codifications

1981 Ed., § 16-2330.

1973 Ed., § 16-2330.

Effect of Amendments

D.C. Law 19-169, in subsec. (b)(2), substituted "an intellectual disability" for "retardation".

Legislative History of Laws

For legislative history of D.C. Law 2-22, see Historical and Statutory Notes following § 16-2301.

For history of Law 19-169, see notes under § 16-1054.

Prior Codifications

1981 Ed., § 16-2331.

1973 Ed., § 16-2331.

Effect of Amendments

D.C. Law 14-28, in subsec. (b), made nonsubstantive changes in pars. (8) and (9), and added par. (10).

D.C. Law 15-261, in subsec. (b), added pars. (3A), (11), (12), and (13), rewrote pars. (4), (6), (9), and substituted a period for a semicolon at the end of par. (10); and added subsec. (b-1). Prior to amendment, pars. (4), (6), and (9), read as follows:

"(4) any court or its probation staff, for purposes of sentencing the respondent as a defendant in a criminal case and the counsel for the defendant in that case;

"(6) the United States Attorney for the District of Columbia, his assistants, and any other prosecuting attorneys involved in the investigation or trial of a criminal case arising out of the same transaction or occurrence as a case in which a child is alleged to be delinquent, or where the records are involved in determining the conditions of release or bail for a person charged with a criminal offense;

"(9) a court in which a person is charged with a criminal offense for the purposes of determining conditions of release or bail; and"

D.C. Law 16-274 added subsec. (d-1).

D.C. Law 18-273 added subsec. (b)(9A).

D.C. Law 18-284 repealed the amendment by Law 18-273, § 210, and rewrote the section, which formerly read:

"(a) As used in this section, the term 'juvenile case records' refers to the following records of a case over which the Division has jurisdiction under section 11-1101(13):

"(1) Notices filed with the court by an arresting officer pursuant to this subchapter.

"(2) The docket of the court and entries therein.

"(3) Complaints, petitions, and other legal papers filed in the case.

"(4) Transcripts of proceedings before the court.

"(5) Findings, verdicts, judgments, orders, and decrees.

"(6) Other writings filed in proceedings before the court, other than social records.

"(b) Juvenile case records shall be kept confidential and shall not be open to inspection; but, subject to the limitations of subsection (c) of this section, the inspection of those records shall be permitted to --

"(1) judges and professional staff of the Superior Court;

"(2) the Corporation Counsel and his assistants assigned to the Division;

"(3) the respondent, his parents or guardians, and their duly authorized attorneys;

"(3A) at the discretion of the Corporation Counsel, each eyewitness, victim, or the immediate family members or custodians of each eyewitness or victim if the eyewitness or victim is a child or is deceased or incapacitated, and their duly authorized attorney, when the information relates to release status, the level of respondent's placement, stay-away orders imposed, respondent's participation in diversion or a consent decree, the offenses charged in the petition, the terms of any plea agreements, findings, or verdicts related to the adjudication of the case, or commitment or probational status, unless the release of such information is otherwise prohibited by law or includes mental health information;

"(4) any court in which respondent is charged or convicted as a respondent in a delinquency matter, or status offense, or as a defendant in a criminal offense, or the court's probation staff, and counsel for the respondent or defendant in that case;

"(5) public or private agencies or institutions providing supervision or treatment or having custody of the child, if supervision, treatment, or custody is under order of the Division;

"(6) the United States Attorney for the District of Columbia, his assistants, and any other prosecuting attorneys, or defense attorneys, when necessary for the discharge of their official duties;

"(7) other persons having a professional interest in the protection, welfare, treatment, and rehabilitation of the respondent or of a member of his family, or in the work of the Superior Court, if authorized by rule or special order of the court.

"(8) the Mayor in accordance with the Motor Vehicle Operator's Permit Revocation Amendment Act of 1988;

"(9) authorized personnel in the Mayor's Family Court Liaison, the Department of Health, the Department of Mental Health, the Child and Family Services Agency, the Department of Human Services, and the District of Columbia Public Schools for the purpose of delivery of services to individuals under the jurisdiction of the Family Court, or their families;

"(9A) Authorized persons for the purposes of and in accordance with Chapter 2A of Title 7;

"(10) The Child Fatality Review Committee for the purposes of examining past events and circumstances surrounding deaths of children in the District of Columbia or of children who are either residents or wards of the District of Columbia, or for the discharge of its official duties;

"(11) the Children's Advocacy Center and the public and private agencies and institutions that are members of the multidisciplinary investigation team, for purposes of carrying out their official duties, except that only information contained in the records, and not the records or copies of the records, may be provided pursuant to this paragraph;

"(12) the Child and Family Services Agency, for the purposes of carrying out its official duties;

"(13) any law enforcement personnel when necessary for the discharge of their official duties.

"(b-1) Records inspected may not be divulged to unauthorized persons. The prosecuting attorney inspecting records pursuant to paragraph (6) of this subsection may divulge the contents to the extent required in the prosecution of a criminal case, and the United States Attorney for the District of Columbia and his assistants may inspect a transcript of the testimony of any witness and divulge the contents to the extent required by the prosecution of the witness for perjury, without, wherever possible, naming or otherwise revealing the identity of a child under the jurisdiction of the Division.

"(b-2) Notwithstanding subsection (b) of this section, the Division, upon application of the Corporation Counsel and notice and opportunity for respondent or his counsel to respond to the application, may order the release of certain information contained in the case record if:

"(1) The respondent has escaped from detention or from the custody of the Youth Services Administration and is likely to pose a danger or threat of bodily harm to another person;

"(2) Release of such information is necessary to protect the public safety and welfare; and

"(3) The respondent has been charged with a crime of violence as defined in section 23-1331(4).

"(c) Notwithstanding subsection (b), the Superior Court may by rule or special order provide that particular items or classes of items in juvenile case records shall not be open to inspection except pursuant to rule or special order; but, in dispositional proceedings after an adjudication, no item considered by the judge (other than identification of the sources of confidential information) shall be withheld from inspection (1) in delinquency or need of supervision cases, by the attorney for the child, or (2) in neglect cases, by the attorney for the child and an attorney for the parent, guardian, or other custodian of the child.

"(d) The Superior Court may by rule or special order provide procedures for the inspection or copying of juvenile case records by persons entitled to inspect them. No person receiving any record or information pursuant to this section may publish or use it for any purpose other than that for which it was received without a special order of the court.

"(d-1)(1) Notwithstanding subsections (b), (b-1), (b-2), (c), or (d) of this section, for every respondent whom the Office of the Attorney General has filed a petition against for the following: (i) a crime of violence (as defined in section 23-1331(4)); (ii) a weapons offense; (iii) unauthorized use of a vehicle; (iv) theft in the first degree where the property obtained or used is a motor vehicle (as defined in section 22-3215(a)); or (v) the Office of the Attorney General has filed 3 or more petitions against the respondent, and the respondent is not detained by the Family Court of the Superior Court of the District of Columbia pursuant to section 16-2313(b)(3), the Family Court shall provide, within 48 hours of the decision not to detain the respondent, the following case record information to the Chief of the Metropolitan Police Department ('Chief'):

"(A) Respondent's name and date of birth;

"(B) Last known address of the respondent;

"(C) Last known address of respondent's parents, guardians, caretakers, and custodians;

"(D) Address to which the respondent will be placed and the name and address of the person into whose custody the respondent will be placed; and

"(E) All terms of the placement or conditions of release.

"(2) Notwithstanding subsections (b), (b-1), (b-2), (c), or (d) of this section, the Family Court shall provide the following case record information to the Chief for all cases in which the respondent is not detained by the Family Court pursuant to section 16-2313(b)(3) and cases in which the respondent is placed on probation pursuant to section 16-2320(c)(3):

"(A) Respondent's name and date of birth;

"(B) All terms or conditions of any stay-away order; and

"(C) All terms or conditions of any curfew order.

"(3) The Chief shall utilize information obtained from the Family Court and may disclose such information to law enforcement officers or law enforcement entities only as necessary to preserve public safety or the safety of the respondent. The Chief shall not otherwise disclose this information, except as authorized by this section.

"(4) If the Chief discloses information pursuant to paragraph (3) of this subsection, the Chief shall notify the recipient that the information may only be re-disclosed to law enforcement officers and only to the extent necessary to preserve public safety or the safety of the respondent. The Chief shall notify the recipient of the information that any other use or disclosure of the information shall be governed by this section and sections 16-2332 and 16-2333, and that unauthorized re-disclosure may be prosecuted under section 16-2336. Any violation of this paragraph will result in an investigation of the violation by the Inspector General of the District of Columbia.

"(5) If the petition filed against the juvenile does not result in disposition, the Family Court, within 48 hours of the entry of the decision by the court to dismiss or close the case, or the withdrawal of the petition by the Office of the Attorney General, shall notify the Chief of the Metropolitan Police Department that the case has not resulted in a disposition. The Chief shall, within 48 hours of the notification, destroy and erase from Metropolitan Police Department files the case record information received from the Family Court pursuant to this subsection and shall notify all parties and agencies to which it transmitted case record information pursuant to paragraph (3) of this subsection that the juvenile's case did not result in a disposition and any information that has been transmitted shall be destroyed and erased.

"(e) No person shall disclose, inspect, or use records in violation of this section."

D.C. Law 19-171, in subsec. (e)(3), validated a previously made technical correction.

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 2(b) of Child Fatality Review Committee Establishment Temporary Act of 2001 (D.C. Law 14-20, September 6, 2001, law notification 48 DCR 9090).

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 20(b) 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 § 20(b) 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 § 201(b) of Enhanced Crime Prevention and Abatement Emergency Amendment Act of 2006 (D.C. Act 16-446, July 21, 2006, 53 DCR 6477).

For temporary (90 day) amendment of section, see § 301(b) of Crime Reduction Initiative Emergency Amendment Act of 2006 (D.C. Act 16-491, October 19, 2006, 53 DCR 8818).

For temporary (90 day) amendment of section, see § 201(b) of Crime Reduction Initiative Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-9, January 16, 2007, 54 DCR 1471).

For temporary (90 day) amendment of section, see § 210(a) 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 § 210(a) 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

For legislative history of D.C. Law 2-22, see Historical and Statutory Notes following § 16-2301.

For legislative history of D.C. Law 7-222, see Historical and Statutory Notes following § 16-2318.

For legislative history of D.C. Law 9-272, see Historical and Statutory Notes following § 16-2307.

For legislative history of D.C. Law 11-255, see Historical and Statutory Notes following § 16-2309.

For legislative history of D.C. Law 12-81, see Historical and Statutory Notes following § 16-2301.

For Law 14-28, see notes following § 16-311.

For Law 15-261, see notes following § 16-2301.

For Law 16-274, see notes following § 16-2301.

Law 18-273, the "Data-Sharing and Information Coordination Amendment Act of 2010", was introduced in Council and assigned Bill No. 18-356 which was referred to the Committee on Health and Human Services. The Bill was adopted on first and second readings on June 1, 2010, and June 29, 2010, respectively. Signed by the Mayor on July 20, 2010, it was assigned Act No. 18-489 and transmitted to both Houses of Congress for its review. D.C. Law 18-273 became effective on December 4, 2010.

Law 18-284 , the "Expanding Access to Juvenile Records Amendment Act of 2010", was introduced in Council and assigned Bill No. 18-344, which was referred to the Committee on Public Safety and the Judiciary. The Bill was adopted on first and second readings on July 13, 2010, and October 19, 2010, respectively. Signed by the Mayor on November 3, 2010, it was assigned Act No. 18-594 and transmitted to both Houses of Congress for its review. D.C. Law 18- 284 became effective on March 8, 2011.

Law 19-171, the "Technical Amendments Act of 2012", was introduced in Council and assigned Bill No. 19-397, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on March 20, 2012, and April 17, 2012, respectively. Signed by the Mayor on May 23, 2012, it was assigned Act No. 19-376 and transmitted to both Houses of Congress for its review. D.C. Law 19-171 became effective on September 26, 2012.

Prior Codifications

1981 Ed., § 16-2332.

1973 Ed., § 16-2332.

Effect of Amendments

D.C. Law 14-28, in subsec. (b), made nonsubstantive changes in pars. (4), (5), and (6), and added par. (7).

D.C. Law 15-261, in subsec. (b), made nonsubstantive changes at the end of pars. (6) and (7), and added pars. (8), (9), and (10).

D.C. Law 16-191, in subsec. (b), designated pars. (1) and (2) and redesignated former pars. (1) to (10) as subpars. (1)(A) to (J).

D.C. Law 16-274 added subsec. (d-1).

D.C. Law 18-273, in subsec. (b)(1), deleted "and" from the end of subpar. (I), substituted "; and" for a period at the end of subpar. (J), and added subpar. (K).

D.C. Law 18-284 repealed the amendment by Law 18-273, § 210, and rewrote the section, which formerly read:

"(a) As used in this section, the term 'juvenile social records' refers to all social records made with respect to a child in any proceedings over which the Division has jurisdiction under section 11-1101(13), including preliminary inquiries, predisposition studies, and examination reports.

"(b)(1) Juvenile social records shall be kept confidential and shall not be open to inspection; but, subject to the limitations of subsection (c), the inspection of those records shall be permitted to --

"(A) judges and professional staff of the Superior Court and the Corporation Counsel and his assistants assigned to the Division;

"(B) the attorney for the child at any stage of a proceeding in the Division, including intake;

"(C) any court or its probation staff, for purposes of sentencing the child as a defendant in a criminal case, and, if and to the extent other presentence materials are disclosed to him, the counsel for the defendant in that case;

"(D) public or private agencies or institutions providing supervision or treatment, or having custody of the child, if the supervision, treatment, or custody is under order of the Division;

"(E) other persons having a professional interest in the protection, welfare, treatment, and rehabilitation of the respondent or of a member of his family, or in the work of the Division, if authorized by rule or special order of the court;

"(F) professional employees of the Social Rehabilitation Administration of the Department of Human Services when necessary for the discharge of their official duties;

"(G) The Child Fatality Review Committee for the purposes of examining past events and circumstances surrounding deaths of children in the District of Columbia or of children who are either residents or wards of the District of Columbia, or for the discharge of its official duties; and

"(H) authorized personnel in the Mayor's Family Court Liaison, the Department of Health, the Department of Mental Health, the Child and Family Services Agency, the Department of Human Services, and the District of Columbia Public Schools for the purpose of delivery of services to individuals under the jurisdiction of the Family Court, or their families;

"(I) the Child and Family Services Agency when necessary for the discharge of its official duties;

"(J) law enforcement officers of the United States, the District of Columbia, and other jurisdictions when a custody order has issued for the respondent, except that such records shall be limited to photographs of the child, a physical description of the child, and any addresses where the child may be found, and the law enforcement officer may not be permitted access to any other documents or information contained in the social file; and

"(K) Authorized persons for the purposes of and in accordance with Chapter 2A of Title 7.

"(2) Records inspected may not be divulged to unauthorized persons.

"(c) Notwithstanding subsection (b), the Superior Court may by rule or special order provide that particular items or classes of items in juvenile social records shall not be open to inspection except pursuant to rule or special order; but, in dispositional proceedings after an adjudication, no item considered by the judge (other than identification of the sources of confidential information) shall be withheld from inspection (1) in delinquency or need of supervision cases, by the attorney for the child, or (2) in neglect cases, by the attorney for the child and an attorney for the parent, guardian, or other custodian of the child.

"(d) The Superior Court may by rule or special order provide procedures for the inspection or copying of juvenile social records by persons entitled to inspect them. No person receiving any record or information pursuant to this section may publish or use it for any purpose other than that for which it was received without a special order of the court.

"(d-1)(1) Notwithstanding subsections (b), (c), or (d) of this section, for every respondent committed to the Department of Youth Rehabilitation Services ('Department') pursuant to section 16-2320(c)(2) who has been adjudicated of: (i) a crime of violence (as defined in section 23-1331(4)); (ii) a weapons offense; (iii) unauthorized use of a vehicle; (iv) theft in the first degree where property obtained or used is a motor vehicle (as defined in section 22- 3215(a)); or (v) adjudicated 3 or more times, the Mayor may direct the Director of the Department ('Director') to provide notice to the Chief of the Metropolitan Police Department ('Chief)' of any assignment or placement of the respondent in a Department facility or residential or other placement, including any facility operated by a contractor or agent, as soon as practicable prior to the assignment or placement.

"(2) Notwithstanding subsections (b), (c), or (d) of this section, for any respondent who is detained or committed to the Department, the Director shall provide notice to the Chief of any respondent absconding or escaping from any Department facility, or residential or other placement, including any facility or placement operated by an agent or contractor, within one hour of the absconding or escaping.

"(3) Notice issued pursuant to this subsection shall include the following information, as applicable:

"(A) Respondent's name and date of birth;

"(B) Last known address of the respondent;

"(C) Last known address of the respondent's parents, guardians, caretakers, and custodians;

"(D) Address to which the respondent will be assigned, placed, or released and the name and address of the person into whose custody the respondent will be placed if the respondent is not placed into a Department facility; and

"(E) A recent photograph of the respondent, if available.

"(4) The Chief shall utilize information obtained from the Director and may disclose such information to law enforcement persons or law enforcement entities only as necessary to preserve public safety or the safety of the respondent. The Chief shall not otherwise disclose this information, except as authorized by this section.

"(5) If the Chief discloses information pursuant to paragraph (4) of this subsection, the Chief shall notify the recipient that the information may only be re-disclosed to law enforcement officers and only to the extent necessary to preserve public safety or the safety of the respondent. The Chief shall notify the recipient of the information that any other use or disclosure of the information shall be governed by this section and sections 16-2331 and 16-2333, and that unauthorized re-disclosure may be prosecuted under section 16-2336. Any violation of this paragraph will result in an investigation of the violation by the Inspector General of the District of Columbia.

"(6) The Chief may make additional case-specific inquiries to the Mayor based on information disclosed under paragraph (1) of this subsection. The Mayor may direct the Director to provide such additional information, when requested by the Chief, but only as necessary to protect public safety or the safety of the respondent.

"(e) No person shall disclose, inspect, or use records in violation of this section."

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 20(c) of Child Fatality Review Committee Establishment Temporary Act of 2001 (D.C. Law 14-20, September 6, 2001, law notification 48 DCR 9090).

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 20(c) 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 § 20(c) 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 § 201(c) of Enhanced Crime Prevention and Abatement Emergency Amendment Act of 2006 (D.C. Act 16-446, July 21, 2006, 53 DCR 6477).

For temporary (90 day) amendment of section, see § 301(c) of Crime Reduction Initiative Emergency Amendment Act of 2006 (D.C. Act 16-491, October 19, 2006, 53 DCR 8818).

For temporary (90 day) amendment of section, see § 201(c) of Crime Reduction Initiative Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-9, January 16, 2007, 54 DCR 1471).

For temporary (90 day) amendment of section, see § 210(b) 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 § 210(b) 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

For legislative history of D.C. Law 2-22, see Historical and Statutory Notes following § 16-2301.

For Law 14-28, see notes following § 16-311.

For Law 15-261, see notes following § 16-2301.

For Law 16-191, see notes following § 16-910.

For Law 16-274, see notes following § 16-2301.

For Law 18-273, see notes following § 16-2331.

For history of Law 18-284, see notes under § 16-2301.

Miscellaneous Notes

Mayor's Direction under the Mandatory Juvenile Public Safety Notification Amendment Act of 2006, see Mayor's Order 2010-2, January 22, 2010 (57 DCR 1002).

Prior Codifications

1981 Ed., § 16-2333.

1973 Ed., § 16-2333.

Effect of Amendments

D.C. Law 14-28, in subsec. (b), made nonsubstantive changes in pars. (6), (7), and (8), and added par. (9).

D.C. Law 15-105, in subsec. (b)(9), substituted "the Child" for "The Child".

D.C. Law 15-261, in subsec. (b), added par. (4A), rewrote par. (5), made nonsubstantive changes to the end of pars. (8) and (9), and added pars. (10), (11), and (12); and added subsec. (b-1). Prior to amendment, par. (5) of subsec. (b) read as follows:

"(5) a court in which a person is charged with a criminal offense for the purposes of determining conditions of release or bail;"

D.C. Law 18-273 added subsec. (b)(10A).

D.C. Law 18-284 repealed the amendment by Law 18-273, § 210, and rewrote the section, which formerly read:

"(a) Law enforcement records and files concerning a child shall not be open to public inspection nor shall their contents or existence be disclosed to the public unless a charge of delinquency is transferred for criminal prosecution under section 16-2307, the interest of national security requires, or the court otherwise orders in the interest of the child.

"(b) Inspection of such records and files is permitted by --

"(1) the Superior Court, having the child currently before it in any proceedings;

"(2) the officers of public and private institutions or agencies to which the child is currently committed, and those professional persons or agencies responsible for his supervision after release;

"(3) any other person, agency or institution, by order of the court, having a professional interest in the child or in the work of the law enforcement department;

"(4) law enforcement officers of the United States, the District of Columbia, and other jurisdictions when necessary for the discharge of their current official duties;

"(4A) the United States Attorney for the District of Columbia, his assistants, and any other prosecuting attorneys when necessary for the discharge of their official duties;

"(5) any court in which respondent is charged or convicted as a respondent in a delinquency matter, or status offense, or as a defendant in a criminal offense, or the court's probation staff, and counsel for the respondent or defendant in that case;

"(6) a court in which a person is convicted of a criminal offense for the purpose of a presentence report or other dispositional proceeding, or by officials of penal institutions and other penal facilities to which he is committed, or by a parole board in considering his parole or discharge or in exercising supervision over him;

"(7) the parent, guardian, or other custodian and counsel for the child;

"(8) professional employees of the Social Rehabilitation Administration of the Department of Human Services when necessary for the discharge of their official duties;

"(9) the Child Fatality Review Committee when necessary for the discharge of its official duties;

"(10) authorized personnel in the Mayor's Family Court Liaison, the Department of Health, the Department of Mental Health, the Child and Family Services Agency, the Department of Human Services, and the District of Columbia Public Schools for the purpose of delivery of services to individuals under the jurisdiction of the Family Court, or their families;

"(10A) authorized persons for the purposes of and in accordance with Chapter 2A of Title 7; except, that the information derived from termination of parental rights and guardianship proceedings shall not be disclosed without the prior written consent of the identified individual, as that term is defined in § 7- 241(6).

"(11) the Children's Advocacy Center and the public and private agencies and institutions that are members of the multidisciplinary investigation team, for purposes of carrying out their official duties, except that only information contained in the records, and not the records or copies of the records, may be provided pursuant to this paragraph; and

"(12) each eyewitness, victim, or the immediate family members or caretakers of the eyewitness or victim if the eyewitness or victim is a child or is deceased or incapacitated, and their duly authorized attorney, when the records relate to the incident in which they were an eyewitness or a victim.

"(b-1) Notwithstanding subsection (b) of this section, the Division, upon application of the Corporation Counsel and notice and opportunity for respondent or his counsel to respond to the application, may order the release of certain information contained in the law enforcement records if:

"(1) The respondent has escaped from detention or from the custody of the Youth Services Administration and is likely to pose a danger or threat of bodily harm to another person;

"(2) Release of such information is necessary to protect the public safety and welfare; and

"(3) The respondent has been charged with a crime of violence as defined in section 23-1331(4).

"(c) Photographs may be displayed to potential witnesses for identification purposes, in accordance with the standards of fairness applicable to adults.

"(d) No person shall disclose, inspect, or use records or files in violation of this section."

D.C. Law 18-377 added subsec. (a)(1A).

D.C. Law 19-171 made a technical correction in subsec. (b)(10A) subsequent to its deletion by D.C. Law 18-284.

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 6 of the Attendance and School Safety Temporary Act of 2000 (D.C. Law 13-151, July 18, 2000, law notification 47 DCR 6101).

For temporary (225 day) amendment of section, see § 20(d) of Child Fatality Review Committee Establishment Temporary Act of 2001 (D.C. Law 14-20, September 6, 2001, law notification 48 DCR 9090).

Temporary Addition of Section

For temporary (225 day) addition of sections, see §§ 2 to 6 of the Attendance and School Safety Temporary Act of 2000 (D.C. Law 13-151, July 18, 2000, law notification 47 DCR 6101).

Emergency Act Amendments

For temporary (90-day) amendment of section, see § 6 of the Attendance and School Safety Emergency Act of 2000 (D.C. Act 13-319, April 17, 2000, 47 DCR 2882).

For temporary (90 day) amendment of section, see § 20(d) 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 § 20(d) 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 § 210(c) 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 § 210(c) of Data-Sharing and Information Coordination Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-582, October 20, 2010, 57 DCR 10118).

For temporary (90 day) amendment of section, see § 506(b) of Public Safety Legislation Sixty-Day Layover Emergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640).

For temporary (90 day) amendment of section, see § 506(b) of Public Safety Legislation Sixty-Day Layover Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701).

Legislative History of Laws

For legislative history of D.C. Law 2-22, see Historical and Statutory Notes following § 16-2301.

For Law 14-28, see notes following § 16-311.

For Law 15-105, see notes following § 16-1005.

For Law 15-261, see notes following § 16-2301.

For Law 18-273, see notes following § 16-2331.

For history of Law 18-284, see notes under § 16-2301.

For history of Law 18-377, see notes under § 16-711.01.

For history of Law 19-171, see notes under § 16-2331.

Legislative History of Laws

For history of Law 18-284, see notes under § 16-2301.

Legislative History of Laws

For history of Law 18-284, see notes under § 16-2301.

Prior Codifications

1981 Ed., § 16-2334.

1973 Ed., § 16-2334.

Legislative History of Laws

For legislative history of D.C. Law 2-22, see Historical and Statutory Notes following § 16-2301.

Prior Codifications

1981 Ed., § 16-2335.

1973 Ed., § 16-2335.

Effect of Amendments

D.C. Law 14-28, in subsec. (d), inserted "the Child Fatality Review Committee, where necessary for the discharge of its official duties, and" after "in the records to".

D.C. Law 18-284 added subsec. (h).

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 20(e) of Child Fatality Review Committee Establishment Temporary Act of 2001 (D.C. Law 14-20, September 6, 2001, law notification 48 DCR 9090).

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 20(e) 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 § 20(e) of Child Fatality Review Committee Establishment Legislative Review Emergency Act of 2001 (D.C. Act 14-82, July 9, 2001, 48 DCR 6355).

Legislative History of Laws

For legislative history of D.C. Law 2-22, see Historical and Statutory Notes following § 16-2301.

For legislative history of D.C. Law 12-81, see Historical and Statutory Notes following § 16-2301.

For Law 14-28, see notes following § 16-311.

For history of Law 18-284, see notes under § 16-2301.

Legislative History of Laws

For history of Law 18-284, see notes under § 16-2301.

Legislative History of Laws

For history of Law 18-284, see notes under § 16-2301.

Prior Codifications

1981 Ed., § 16-2336.

1973 Ed., § 16-2336.

Legislative History of Laws

For legislative history of D.C. Law 2-22, see Historical and Statutory Notes following § 16-2301.

For legislative history of D.C. Law 7-104, see Historical and Statutory Notes following § 16-2316.

Prior Codifications

1981 Ed., § 16-2337.

1973 Ed., § 16-2337.

Effect of Amendments

D.C. Law 13-277 substituted "or" for "," following "delinquent".

Legislative History of Laws

For legislative history of D.C. Law 2-22, see Historical and Statutory Notes following § 16-2301.

For legislative history of D.C. Law 12-258, see Historical and Statutory Notes following § 16-2309.

For D.C. Law 13-277, see notes following § 16-2301.

Prior Codifications

1981 Ed., § 16-2338.

1973 Ed., § 16-2338.

Legislative History of Laws

For legislative history of D.C. Law 2-22, see Historical and Statutory Notes following § 16-2301.

Prior Codifications

1981 Ed., § 16-2339.

Legislative History of Laws

Law 10-118, the "Immunity for Juveniles Who are Witness in Juvenile Proceedings Act of 1994," was introduced in Council and assigned Bill No. 10-271, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on February 1, 1994, and March 1, 1994, respectively. Signed by the Mayor on March 17, 1994, it was assigned Act No. 10-208 and transmitted to both Houses of Congress for its review. D.C. Law 10-118 became effective on May 21, 1994.

Legislative History of Laws

For Law 15-261, see notes following § 16-2301.