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Current through October 23, 2012
(a) Notwithstanding any other provision of law, upon the Agency's request, a person who is required to report suspected incidents of child abuse or neglect under § 4-1321.02 shall immediately provide the Agency copies of all records in the possession of the person or the person's employees of:
(1) A child who is the subject of an investigation of child abuse or neglect; provided, that the records bear directly on the allegations of abuse or neglect being investigated; and
(2) Any other child residing in the household where the abuse or neglect is alleged to have occurred when the Agency has a reasonable suspicion that the child's health, safety, or welfare is at risk; provided, that the records bear directly on the basis of the Agency's suspicion.
(b) The Agency shall request the records as needed for its investigation under this part.
(c) The Agency shall not be charged a fee for the records.
(d) If the Agency determines that the report of abuse or neglect is an unfounded report or an inconclusive report, as defined in § 4-1301.02, the Agency shall immediately destroy all copies of any records it has received under this section.
(Sept. 23, 1977, D.C. Law 2-22, § 106b, as added July 18, 2008, D.C. Law 17-198, § 2, 55 DCR 6283; Mar. 25, 2009, D.C. Law 17-353, § 240(a), 56 DCR 1117.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 17-353 validated a previously made technical correction in subsec. (b).
Temporary Addition of Section
For temporary (225 day) addition, see § 2 of Child Abuse and Neglect Investigation Record Access Temporary Amendment Act of 2006 (D.C. Law 16-213, March 6, 2007, law notification 54 DCR 2764).
For temporary (225 day) addition, see § 2 of Child Abuse and Neglect Investigation Record Access Temporary Amendment Act of 2007 (D.C. Law 17-93, January 29, 2008, law notification 55 DCR 3400).
Emergency Act Amendments
For temporary (90 day) addition, see § 2 of Child Abuse and Neglect Investigation Record Access Emergency Amendment Act of 2006 (D.C. Act 16-487, October 18, 2006, 53 DCR 8673).
For temporary (90 day) amendment of section, see § 2 of Child Abuse and Neglect Investigation Record Access Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-670, December 28, 2006, 54 DCR 1150).
For temporary (90 day) addition, see § 2 of Child Abuse and Neglect Investigation Record Access Emergency Amendment Act of 2007 (D.C. Act 17-166, October 19, 2007, 54 DCR 10972).
For temporary (90 day) addition, see § 2 of Child Abuse and Neglect Investigation Record Access Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-246, January 23, 2008, 55 DCR 1249).
Legislative History of Laws
Law 17-198, the "Child Abuse and Neglect Investigation Record Access Amendment Act of 2008", was introduced in Council and assigned Bill No.17-247 which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on April 1, 2008, and May 6, 2008, respectively. Signed by the Mayor on May 23, 2008, it was assigned Act No. 17-395 and transmitted to both Houses of Congress for its review. D.C. Law 17-198 became effective on July 18, 2008.
Law 17-353, the "Technical Amendments Act of 2008", was introduced in Council and assigned Bill No. 17-994 which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 2, 2008, and December 16, 2008, respectively. Signed by the Mayor on January 15, 2009, it was assigned Act No. 17-687 and transmitted to both Houses of Congress for its review. D.C. Law 17-353 became effective on March 25, 2009.
