For the purposes of this subchapter, the term:
(1) "Child" means a person under 18 years of age.
(2) "Child abuse" means harm or threatened harm to a child's health or welfare by a person responsible for the child's health or welfare, which occurs through the intentional infliction of physical or emotional injury or an act of sexual abuse, which includes a violation of any provision of subchapter of this chapter.
(3) "Child neglect" means harm to a child's health or welfare which occurs through the failure to provide adequate food, clothing, shelter, education, or medical care.
(4) "Prevention program" means a program designed to prevent child abuse or child neglect including a community-based program that:
(A) Focuses on child abuse or child neglect;
(B) Focuses on public awareness;
(C) Focuses on prenatal care, perinatal bonding, child development, basic child care, care of children with special needs or coping with family stress;
(D) Provides aid to parents who potentially may abuse or neglect their children, child abuse or child neglect counseling, support groups for parents who potentially may abuse or neglect their children, and support groups for their children, or early identification of families in which there is a potential for child abuse or child neglect;
(E) Trains and places volunteers in programs that focus on child abuse or child neglect prevention; or
(F) Develops and makes available to the District of Columbia Board of Education curricula and educational material on basic child care and parenting skills, or trains educators.
(Oct. 5, 1993, D.C. Law 10-56, § 2, 40 DCR 7222.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2131.
Emergency Act Amendments
For temporary addition of subchapter IV, see §§ 2-9 of the Child Abuse and Neglect Prevention Children's Trust Fund Emergency Act of 1993 (D.C. Act 10-87, August 4, 1993, 40 DCR 6067) and §§ 2-9 of the Child Abuse and Neglect Prevention Children's Trust Fund Congressional Recess Emergency Act of 1993 (D.C. Act 10-133, October 27, 1993, 40 DCR 7600).
Legislative History of Laws
D.C. Law 10-56, the "Child Abuse and Neglect Prevention Children's Trust Fund Act of 1993" was introduced in Council and assigned Bill No. 10-114, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on July 13, 1993, and September 21, 1993, respectively. Signed by the Mayor on October 1, 1993, it was assigned Act No. 10-109 and transmitted to both Houses of Congress for its review. D.C. Law 10-56 became effective on November 20, 1993.
(a) There is established in the District of Columbia a private nonprofit corporation which shall be known as the Child Abuse and Neglect Prevention Children's Trust Fund ("Trust Fund"). The sole purpose of the Trust Fund is to encourage child abuse and child neglect prevention programs.
(b) The Trust Fund may accept appropriations from the District and shall accept gifts, bequests and grants from persons, organizations, corporations and foundations.
(c) The Trust Fund shall accept federal funds granted by Congress or Executive Order.
(d) Repealed.
(d-1) The Trust Fund may hold and distribute funds for other organizations. Auditing procedures shall be established by the Board.
(e) Repealed.
(f) Repealed.
(g) The Trust Fund shall supplement but not replace services provided by District agencies.
(h) The Trust Fund shall not provide funding to District government agencies.
(Oct. 5, 1993, D.C. Law 10-56, § 3, 40 DCR 7222; June 28, 1994, D.C. Law 10-134, § 7, 41 DCR 2597; Apr. 20, 1999, D.C. Law 12-233, § 2(a), 46 DCR 564.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2132.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 3 of South Africa Sanctions Repeal Act 1993 (D.C. Law 10-75, March 8, 1994, law notification 41 DCR 1518).
For temporary (225 day) amendment of section, see § 2(a) of Child Abuse and Neglect Prevention Children's Trust Fund Temporary Amendment Act of 1997 (D.C. Law 12-51, February 27, 1998, law notification 45 DCR ).
Emergency Act Amendments
For temporary addition of subchapter, see notes to § 4-1341.01.
For temporary amendments of section, see § 7 of the South Africa Sanctions Emergency Repeal Act of 1993 (D.C. Act 10-127, October 25, 1993, 40 DCR 7583) and § 7 of the South Africa Sanctions Congressional Recess Emergency Repeal Act of 1994 (D.C. Act 10-176, January 25, 1994, 41 DCR 512).
For temporary amendment of section, see § 2(a) of the Child Abuse and Neglect Prevention Children's Trust Fund Emergency Amendment Act of 1997 (D.C. Act 12- 141, August 12, 1997, 44 DCR 4854), see § 2(a) of the Child Abuse and Neglect Prevention Children's Trust Fund Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-182, October 30, 1997, 44 DCR 6956), and see § 2(a) of the Child Abuse and Neglect Prevention Children's Trust Fund Congressional Recess Emergency Amendment Act of 1998 (D.C. Act 12-252, January 29, 1998, 45 DCR 901).
For temporary amendment of section, see § 2(a) of the Child Abuse and Neglect Prevention Children's Trust Fund Emergency Amendment Act of 1998 (D.C. Act 12- 484, October 8, 1998, 45 DCR 8030), and § 2(a) of the Child Abuse and Neglect Prevention Children's Trust Fund Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-618, January 22, 1999, 46 DCR 1337).
Legislative History of Laws
For legislative history of D.C. Law 10-56, see Historical and Statutory Notes following § 4-1341.01.
Law 10-134, the "South Africa Sanctions Repeal Act of 1994," was introduced in Council and assigned Bill No. 10-427, which was referred to the Committee on Consumer and Regulatory Affairs. 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. 10-234 and transmitted to both Houses of Congress for its review. D.C. Law 10-134 became effective on June 28, 1994.
Law 12-233, the "Child Abuse and Neglect Prevention Children's Trust Fund Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-380, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on November 10, 1998, and December 1, 1998, respectively. Signed by the Mayor on December 16, 1998, it was assigned Act No. 12-553 and transmitted to both Houses of Congress for its review. D.C. Law 12-233 became effective on April 20, 1999.
(a) A self-perpetuating Board of Directors is established to manage the affairs of the Trust Fund. The Board of Directors shall have 15 members. The D.C. Treasurer and the Director of the Department of Human Services shall serve as members of the Board of Directors. The remaining 13 members shall have a demonstrated knowledge in the area of child abuse and child neglect prevention and shall reflect a diversity of gender and ethnicity. Each ward in the District shall be represented on the Board of Directors. Through its by-laws, the Board of Directors may expand the number of members of the Board to include a business representative.
(b) The D.C. Treasurer and the Director of the Department of Human Services shall serve terms as members of the Board of Directors for the same duration as the terms of their offices.
(c) The 12 initial nongovernmental members shall serve the following terms: 3 members shall serve 3 years; 5 members shall serve 2 years; and 4 members shall serve 1 year.
(d) The 12 initial nongovernmental members shall be appointed by resolution of the Council.
(e) In the event that 1 of the 12 initial nongovernmental members is unable to serve or is removed, the remaining members shall select a replacement member according to the representational requirements of subsection (a) of this section.
(f) The Board of Directors shall appoint nongovernmental replacement members so that subsequent Board of Directors meet the representational requirements of subsection (a) of this section and the bylaws adopted by the Board of Directors. A succeeding member shall serve the balance of the term of the member that he or she succeeds if the term is unexpired. A succeeding member who succeeds a member whose term has expired shall serve a term of 3 years.
(g) Members shall be compensated only for out-of-pocket expenses incurred from the accomplishment of their responsibilities as members of the Board of Directors.
(h) The Board of Directors shall elect a chairperson from among the members. The Board of Directors may elect other officers and form committees as it considers appropriate.
(Oct. 5, 1993, D.C. Law 10-56, § 4, 40 DCR 7222; Apr. 20, 1999, D.C. Law 12-233, § 2(b), 46 DCR 564; Apr. 12, 2000, D.C. Law 13-91, § 140, 47 DCR 520.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2133.
Effect of Amendments
D.C. Law 13-91, in the fourth sentence of subsec. (a), substituted "13" for "12".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(b) of Child Abuse and Neglect Prevention Children's Trust Fund Temporary Amendment Act of 1997 (D.C. Law 12-51, February 27, 1998, law notification 45 DCR ).
Emergency Act Amendments
For temporary addition of subchapter, see notes to § 4-1341.01.
For temporary amendment of section, see § 2(b) of the Child Abuse and Neglect Prevention Children's Trust Fund Emergency Amendment Act of 1997 (D.C. Act 12- 141, August 12, 1997, 44 DCR 4854), see § 2(b) of the Child Abuse and Neglect Prevention Children's Trust Fund Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-182, October 30, 1997, 44 DCR 6956), and see § 2(b) of the Child Abuse and Neglect Prevention Children's Trust Fund Congressional Recess Emergency Amendment Act of 1998 (D.C. Act 12-252, January 29, 1998, 45 DCR 901).
For temporary amendment of section, see § 2(b) of the Child Abuse and Neglect Prevention Children's Trust Fund Emergency Amendment Act of 1998 (D.C. Act 12- 484, October 10, 1998, 45 DCR 8030), and § 2(b) of the Child Abuse and Neglect Prevention Children's Trust Fund Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-618, January 22, 1999, 46 DCR 1337).
Legislative History of Laws
For legislative history of D.C. Law 10-56, see Historical and Statutory Notes following § 4-1341.01.
For legislative history of D.C. Law 12-233, see Historical and Statutory Notes following § 4-1341.02.
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.
(a) The Board of Directors shall:
(1) Administer the Trust Fund;
(2) File such papers as may be required by the Recorder of Deeds of the District of Columbia;
(3) Have the power to adopt, amend, or repeal bylaws for operation of the Trust Fund;
(4) Remove a member by a 2/3rd vote of the remaining members of the Board of Directors;
(5) Meet not less than quarterly at a time to be determined;
(6) Assess service needs and gaps relative to child abuse and child neglect prevention programs in the District;
(7) Develop and implement program recommendations in order to address identified service needs;
(8) Develop and implement proposal solicitation and establish criteria for the awarding of grants to meet identified service needs;
(9) Review, approve, and monitor the expenditure of the Trust Fund and child abuse and child neglect prevention programs;
(10) Assist in providing information to the public about the purpose and work of the Trust Fund;
(11) Hire and monitor an executive director of the Trust Fund; and
(12) Invite comments and recommendations at least annually from interested child advocacy coalitions and community organizations to review the Trust Fund's program plans.
(b) Administrative expenses shall not exceed 10% of the funds available in the Trust Fund.
(c) One year after its original formation, the Board of Directors shall develop a District-wide plan for the distribution of funds from the Trust Fund. The plan shall be developed annually. The plan shall assure a distribution of funds to services that reach children in all geographic areas of the District. The plan shall be transmitted to the Mayor and Chairman of the Council.
(Oct. 5, 1993, D.C. Law 10-56, § 5, 40 DCR 7222.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2134.
Emergency Act Amendments
For temporary addition of subchapter, see notes to § 4-1341.01.
Legislative History of Laws
For legislative history of D.C. Law 10-56, see Historical and Statutory Notes following § 4-1341.01.
The Trust Fund shall maintain a designated agent to accept service of process for the Trust Fund. Notice to or service upon the agent is notice or service upon the Trust Fund.
(Oct. 5, 1993, D.C. Law 10-56, § 6, 40 DCR 7222.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2135.
Emergency Act Amendments
For temporary addition of subchapter, see notes to § 4-1341.01.
Legislative History of Laws
For legislative history of D.C. Law 10-56, see Historical and Statutory Notes following § 4-1341.01.
The Trust Fund may exercise those powers conferred upon a nonprofit corporation pursuant to Chapters 1 and 4 of Title 29 .
(Oct. 5, 1993, D.C. Law 10-56, § 7, 40 DCR 7222; July 2, 2011, D.C. Law 18-378, § 3(b), 58 DCR 1720.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2136.
Effect of Amendments
D.C. Law 18-378 substituted "Chapters 1 and 4 of Title 29" for "subchapter I of Chapter 3 of Title 29".
Emergency Act Amendments
For temporary addition of subchapter, see notes to § 4-1341.01.
Legislative History of Laws
For legislative history of D.C. Law 10-56, see Historical and Statutory Notes following § 4-1341.01.
Law 18-378, the "District of Columbia Official Code Title 29 (Business Organizations) Enactment Act of 2009", was introduced in Council and assigned Bill No. 18-500, which was referred to the Committee on Public Services and Consumer Affairs. The Bill was adopted on first and second readings on December 7, 2010, and December 21, 2010, respectively. Signed by the Mayor on February 27, 2011, it was assigned Act No. 18-724 and transmitted to both Houses of Congress for its review. D.C. Law 18-378 became effective on July 2, 2011.
Except as otherwise provided in a contract or legacy transferring or loaning property to the Trust Fund, upon dissolution of the Trust Fund as a corporation, all remaining assets shall be transferred to the Mayor of the District of Columbia. The Mayor shall make every effort to use the assets for the prevention of child abuse and child neglect as provided in this subchapter.
(Oct. 5, 1993, D.C. Law 10-56, § 8, 40 DCR 7222.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2137.
Emergency Act Amendments
For temporary addition of subchapter, see notes to § 4-1341.01.
Legislative History of Laws
For legislative history of D.C. Law 10-56, see Historical and Statutory Notes following § 4-1341.01.
The Trust Fund may engage in such activities that make it eligible for treatment as an organization described in § 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. § 501(c)(3)) which may be exempt from federal taxation under § 501(a) of the Internal Revenue Code (26 U.S.C. § 501(a)).
(Oct. 5, 1993, D.C. Law 10-56, § 9, 40 DCR 7222.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2138.
Emergency Act Amendments
For temporary addition of subchapter, see notes to § 4-1341.01.
Legislative History of Laws
For legislative history of D.C. Law 10-56, see Historical and Statutory Notes following § 4-1341.01.
Miscellaneous Notes
Establishment of juvenile curfew: For temporary provisions establishing a curfew for juveniles under the age of 17 years in the District of Columbia, parental responsibility for implementation of the act, and exceptions to the act, see §§ 2 through 4 of the Juvenile Curfew Emergency Act of 1995 (D.C. Act 11-86, July 6, 1995, 42 DCR 3612).
