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Current through October 23, 2012
(a) If the initial investigation results in a substantiated report, the information from the initial investigation shall be immediately referred to the police or the Agency, as appropriate. A social investigation shall be commenced immediately by the Agency in all cases of an allegedly abused child which are referred for petition to the Family Agency of the Superior Court of the District of Columbia and by the Agency in all other cases, except that cases which are or were recently active with the Agency may be investigated by the Agency. The purpose of the social investigation shall be to determine what services are required by the family to remedy the conditions of abuse or neglect.
(b) If there is a substantiated report, the agency responsible for the social investigation shall, as soon as possible, prepare a plan for each child and family for whom services are required on more than an emergency basis and shall forthwith take such steps to ensure the protection of the child and the preservation, rehabilitation and, when safe and appropriate, reunification of the family as may be necessary to achieve the purposes of this subchapter. Such steps may include, but need not be limited to:
(1) arranging for necessary protective, rehabilitative and financial services to be provided to the child and the child's family in a manner which maintains the child in his or her home;
(2) referring the child and the child's family for placement in a family shelter or other appropriate facility;
(3) securing services aimed at reuniting (with his or her family) a child taken into custody, including but not limited to parenting classes and family counseling;
(4) providing or making specific arrangements for the case management of each case when child protective services are required; and
(5) referring the family to drug treatment services in the event of neglect or abuse that results from drug-related activity. To the maximum extent possible, the resources of the community (public and private) shall be utilized for the provision of services and case management.
(c) A report of the social investigation required under subsection (a) of this section and the plan required under subsection (b) of this section shall be submitted to all counsel at least 5 days prior to the date of the fact-finding hearing in cases in which a petition was filed pursuant to § 16-2305; provided, that nothing added to the report or the plan subsequent to either an initial appearance or shelter care hearing shall be considered by the court prior to the completion of the fact-finding hearing unless the parent, guardian, or custodian alleged to be responsible for the neglect consents to such consideration.
(d) As part of its activities under this section, the agency responsible for the social investigation shall assure:
(1) That each child has a case plan designed to achieve the child's placement in a safe setting that is the least restrictive and most appropriate setting available, and is consistent with the best interests and special needs of the child; and
(2) If the child is placed outside of the home pursuant to § 16-2320(a)(3), that the child's status is reviewed periodically during an administrative review.
(e)(1) The periodic review required by subsection (d)(2) of this section shall determine the safety of the child, the continuing necessity for and appropriateness of the placement, the extent of compliance with the case plan, and the extent of progress which has been made toward alleviating or mitigating the causes necessitating placement outside the home, and to project a date, not exceeding 14 months from the date of removal from the home, by which the child may be returned to and safely maintained in the home or placed for adoption or other permanent placement.
(2) The child and the following individuals, if there are any for the child, and their attorneys, shall be provided notice of, and an opportunity to be heard during, the administrative review required by subsection (d)(2) of this section:
(A) The child's parents;
(B) The child's guardian or legal custodian;
(C) The child's current foster parent;
(D) The child's current preadoptive parent;
(E) The child's current kinship caregiver;
(F) The child's attorney;
(G) The child's guardian ad litem;
(H) The child's therapist; and
(I) A relative or other individual with whom the child is currently placed pursuant to § 16-2320(a)(3)(C).
(Sept. 23, 1977, D.C. Law 2-22, title I, § 109, 24 DCR 3341; Mar. 15, 1990, D.C. Law 8-87, § 3(c), 37 DCR 50; Mar. 16, 1995, D.C. Law 10-227, § 2(a), 42 DCR 4; June 27, 2000, D.C. Law 13-136, § 201(b), 47 DCR 2850; Apr. 4, 2001, D.C. Law 13-277, § 2(g), 48 DCR 2043; Oct. 19, 2002, D.C. Law 14-206, § 2(e), 49 DCR 7815.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2107.
1973 Ed., § 6-2107.
Effect of Amendments
D.C. Law 13-136 in subsec. (b) in the first sentence, inserted "safe and" prior to "appropriate"; and added subsecs. (d) and (e).
D.C. Law 13-277 substituted "Agency" for "Division" throughout the section; and, in subsec. (a), substituted "Agency" for "Intrafamily Branch of the Social Services Division of the Superior Court of the District of Columbia".
D.C. Law 14-206, in subsecs. (a) and (b), substituted "substantiated report" for "supported report".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 201(b) of Adoption and Safe Families Temporary Amendment Act of 1999 (D.C. Law 13-56, March 7, 2000, law notification 47 DCR 1978).
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) amendment of section, see § 201(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 § 201(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 § 201(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).
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
For legislative history of D.C. Law 2-22, see Historical and Statutory Notes following § 4-1301.02.
For legislative history of D.C. Law 8-87, see Historical and Statutory Notes following § 4-1301.06a.
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.
For Law 13-136, see notes following § 4-1301.02.
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.
