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Current through October 23, 2012
(a) Upon receipt of a report that a child (1) 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; (2) has a controlled substance in his or her body as a direct and foreseeable consequence of the acts or omissions of the child's parent, guardian, or custodian; or (3) is regularly exposed to illegal drug-related activity in the home, the Agency shall:
(1) Commence an initial investigation in accordance with §§ 4-1301.04(b) and 4-1301.06;
(2) Determine whether the child should be removed temporarily from the home environment or can be protected in the home environment in accordance with § 4-1301.07(a); and
(3) Commence a social investigation and provide social services in accordance with § 4-1301.09(b), if the initial investigation results in a substantiated report.
(b) A social investigation pursuant to paragraph (a)(3) of this section shall include:
(1) A determination of whether there is reasonable evidence that any member of the child's home environment uses drugs illegally, is dependent on drugs, or needs drug abuse treatment;
(2) A determination of whether there is reasonable evidence that the child is exposed regularly to drug use in the home environment;
(3) A determination of whether there is reasonable evidence that the distribution or sale of illegal drugs or drug paraphernalia occurs in the child's home environment; and
(4) A determination of whether there is reasonable evidence that drug-related activity has contributed to or is likely to contribute to violent conduct within the child's home environment.
(c) The social services required by paragraph (a)(3) of this section shall include:
(1) Provision of drug treatment to any member of the child's home environment who is determined to be in need of drug treatment according to Chapter 12 of Title 44;
(2) Measures to facilitate action by the child's family, with the assistance of the Agency and the police, if necessary, to eliminate the child's exposure to drug use or to the distribution or sale of illegal drugs or drug paraphernalia in the home environment; and
(3) Any other service authorized or required by this subchapter or other applicable laws or rules of the District.
(Sept. 23, 1977, D.C. Law 2-22, title I, § 106a, as added Mar. 15, 1990, D.C. Law 8-87, § 3(b), 37 DCR 50; Apr. 18, 1996, D.C. Law 11-110, § 13(a), 43 DCR 530; Apr. 4, 2001, D.C. Law 13-277, § 2(e), 48 DCR 2043; Oct. 19, 2002, D.C. Law 14-206, § 2(c), 49 DCR 7815.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2104.1.
Effect of Amendments
D.C. Law 13-277 substituted "Agency" for "Division" throughout the section.
D.C. Law 14-206, in subsec. (a), rewrote the lead-in language, and in par. (3), substituted "substantiated report" for "supported report". The lead-in language of subsec. (a) had read as follows:
"(a) The Agency shall, upon receipt of a report from a law enforcement officer or a health professional that a child is abused as a result of inadequate care, control, or subsistence due to exposure to drug-related activity in the home environment:"
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 3(b) of Improved Child Abuse Investigations Technical Temporary Amendment Act of 2002 (D.C. Law 14- 240, March 25, 2003, law notification 50 DCR 2753).
Emergency Act Amendments
For temporary (90 day) delay of the applicability of provisions changing the manner in which the Child and Family Services Agency will process reports of child abuse and neglect, see § 3 of Improved Child Abuse Investigations Technical Emergency Amendment Act of 2002 (D.C. Act 14-494, October 23, 2002, 49 DCR 9781).
For temporary (90 day) delay of the applicability of provisions changing the manner in which the Child and Family Services Agency will process reports of child abuse and neglect, see § 3 of Improved Child Abuse Investigations Technical Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14- 603, January 7, 2003, 50 DCR 687).
Legislative History of Laws
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 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.
For D.C. Law 13-277, see notes following § 4-1301.02.
For Law 14-206, see notes following § 4-1301.02.
Law 14-310, the "Criminal Code and Miscellaneous Technical Amendments Act of 2002", was introduced in Council and assigned Bill No. 14-954, which was referred to the Committee on Whole. The Bill was adopted on first and second readings on December 3, 2002, and December 17, 2002, respectively. Signed by the Mayor on January 22, 2003, it was assigned Act No. 14-622 and transmitted to both Houses of Congress for its review. D.C. Law 14-310 became effective on June 12, 2003.
Miscellaneous Notes
For applicability of D.C. Law 13-277, see note following § 4-1303.01a.
Application of Law 14-206: Section 16(b) of D.C. Law 14-310 provides that section 2(a)(2), (4), (5), (6), and (7), (b), (c), (d), (e), (h), (i), (j), (k), and (l) of D.C. Law 14-206 shall apply as of October 1, 2003.
