For the purposes of this subchapter:
(1) "Abused", when used in reference to a child, shall have the same meaning as is provided in § 16-2301(23).
(2) "Adoption promotion and support services" means services and activities designed to encourage more adoptions of committed children, when such adoptions promote the best interest of the children, including such activities as pre-and post-adoptive services and activities designed to expedite the adoption process and support adoptive families.
(2A) Except where used in title IV of this act, "Agency" means the Child and Family Services Agency established by § 4-1303.01a.
(2A-i) "Behavioral health" means a person's overall social, emotional, and psychological well-being and development.
(2A-ii) "Behavioral health assessment" means a more thorough and comprehensive examination by a mental health professional of all behavioral health issues and needs identified during an initial behavioral health screening by which the mental health professional shall identify the type and extent of the behavioral health problem and make recommendations for treatment interventions.
(2A-iii) "Behavioral health screening" means a brief process designed to identify youth who are at risk of having behavioral health disorders that warrant immediate attention, or intervention, or to identify the need for further assessment with a more comprehensive examination.
(2B) "CAC" means Safe Shores, the District of Columbia's Children's Advocacy Center.
(3) "Case plan" means a written document concerning a child that includes at least the following:
(A) A description of the type of home or institution in which the child is to be placed, including a discussion of the safety and appropriateness of the placement and how the agency that is responsible for the child plans to carry out the voluntary placement agreement or judicial determination made with respect to the child;
(B) A plan for assuring that the child receives safe and proper care and that services are available to the parents, child, and foster parents in order to improve conditions in the parents' home, facilitate return of the child to his or her own safe home or to the child's permanent placement, and address the child's needs while a committed child, including the appropriateness of services provided to the child under the plan;
(C) To the extent available and accessible, the child's health and education records;
(D) Where appropriate, for a child 16 years of age or over, a written description of the programs and services which will help the child prepare for the transition from being a committed child to independent living; and
(E) If the child's permanent plan is adoption or placement in another permanent home, documentation of the steps (including child specific recruitment efforts) taken to accomplish the following:
(i) Find an adoptive family or other permanent living arrangement, such as with a legal custodian, with a kinship caregiver, or in independent living;
(ii) Place the child with an adoptive family, a kinship caregiver, a legal custodian, or in another planned permanent living arrangement; and
(iii) Finalize the adoption or legal custody or guardianship.
(F) In the case of a child with respect to whom the permanency plan is placement with a relative and receipt of kinship guardianship assistance payments under § 16-2399, a description of the:
(i) Steps taken to determine that it is not appropriate for the child to be returned home or adopted;
(ii) Reasons for any separation of siblings during placement;
(iii) Reasons a permanent placement with a fit and willing relative through a kinship guardianship-assistance arrangement is in the child's best interests;
(iv) Ways in which the child meets the eligibility requirements for a kinship guardianship-assistance payment;
(v) Efforts made to discuss adoption by the child's relative foster parent as a more permanent alternative to legal guardianship and, in the case of a relative foster parent who has chosen not to pursue adoption, documentation of the reasons therefore; and
(vi) Efforts made to discuss with the child's parent the kinship guardianship-assistance arrangement, or the reasons the efforts were not made; and
(G) A plan for ensuring the educational stability of the child while in foster care, including:
(i) Assurances that the placement of the child in foster care takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement; and
(ii)(I) An assurance that the Agency has coordinated with appropriate local educational agencies, as defined under section 9101(26) of the Elementary and Secondary Education Act of 1965, approved January 8, 2002 (115 Stat. 1425; 20 U.S.C. § 7801(26)), to ensure that the child remains in the school in which the child is enrolled at the time of placement; or
(II) If remaining in the school the child is enrolled in at the time of placement is not in the best interests of the child, assurances by the Agency and the local educational agencies to provide immediate and appropriate enrollment in a new school, with all of the educational records of the child provided to the new school.
(4) "Child Protection Register" means the confidential index of all reports established pursuant to § 4-1302.01.
(4A) "Consumer reporting agency" means a person or entity that assembles or evaluates consumer credit information or other information on consumers for the purpose of furnishing consumer reports and the disclosure of file information to third parties.
(5) "Credible evidence" means any evidence that indicates that a child is an abused or neglected child, including the statement of any person worthy of belief.
(6) "Director" means the Director of the Child and Family Services Agency established by § 4-1302.01.
(6A) "Domestic partnership" shall have the same meaning as provided in § 32- 701(4).
(7) "Drug" shall have the same meaning as the term "controlled substance" has in § 48-901.02(4).
(8) "Drug-related activity" means the use, sale, distribution, or manufacture of a drug or drug paraphernalia without a legally valid license or medical prescription.
(9) "Entry into foster care" means the earlier of:
(A) The date of the first judicial finding that the child has been neglected; or
(B) The date that is 60 days after the date on which the child is removed from the home.
(9A) "Family assessment" means an evaluation, for the purpose of developing a service plan, to determine:
(A) A family's strengths and needs;
(B) The safety of any children in the home, including assessing whether there exists a risk of abuse or neglect of any child, but excludes a determination as to whether a report of abuse or neglect is substantiated, inconclusive, or unfounded;
(C) A family's ability to function as a cohesive unit; and
(D) A family's access to resources.
(10) "Family preservation services" means services for children and families who are at risk of abuse or neglect, or in crisis, including:
(A) Services designed to help children return to families from which they have been removed, or be placed for adoption, where safe and appropriate, with a legal guardian, or, if adoption or legal guardianship is determined not to be safe and appropriate for a child, in another permanent living arrangement;
(B) Replacement prevention services;
(C) Services which provide follow-up care to families to whom a child has returned after commitment;
(D) Respite care services; and
(E) Services designed to improve parenting skills and abilities.
(11) Family support services' means community-based services to promote the safety and well-being of children and families, and designed to:
(A) Increase family strength and stability;
(B) Increase parent confidence and competence;
(C) Afford children safe, stable, and supportive family environments; and
(D) Otherwise enhance child development.
(12) "God parent" means an individual identified by a relative of the child by blood, marriage, domestic partnership, or adoption, in a sworn affidavit, to have close personal or emotional ties with the child or the child's family, which pre-dated the child's placement with the individual.
(13) "Guardian ad litem" means an attorney appointed by the Superior Court of the District of Columbia to represent the child's best interests in neglect proceedings.
(13A) "Inconclusive report" means a report, made pursuant to § 4-1321.03, which cannot be proven to be either substantiated or unfounded.
(14) "Kinship caregiver" means an individual who:
(A) Is approved by the Division to provide kinship care;
(B) Is at least 21 years of age;
(C) Is providing, or is willing to provide for, the day-to-day care of a child; and
(D) Either:
(i) Is a relative of the child by blood, marriage, domestic partnership, or adoption; or
(ii) Is a godparent of the child.
(15) "Law enforcement officer" means a sworn officer of the Metropolitan Police Department of the District of Columbia.
(15A) "Neglected child" shall have the same meaning as is provided in § 16- 2301(9).
(15B) "Panel" means the Citizen Review Panel established by § 4-1303.51.
(15C) "Placement disruption" means an unplanned move necessary to protect the safety and well-being of the youth.
(16) "Police" means the Metropolitan Police Department of the District of Columbia.
(17) "Report" means a report to the police or the Agency of a suspected or known neglected child.
(18) Repealed.
(19) "Source" means the person or institution from whom a report originates.
(19A) "Substantiated report" means a report, made pursuant to § 4-1321.03, which is supported by credible evidence and is not against the weight of the evidence.
(20) "Time-limited family reunification services" means services and activities provided to a committed child and to the child's parent, guardian, or custodian in order to facilitate the safe, appropriate, and timely reunification of the child during the 15 months following the child's entry into foster care. Time-limited family reunification services include:
(A) Individual, group, and family counseling;
(B) Inpatient, residential, or outpatient substance abuse treatment services;
(C) Mental health services;
(D) Assistance to address domestic violence;
(E) Services designed to provide temporary child care and therapeutic services for families; and
(F) Transportation to or from any of the services and activities described in this paragraph.
(20A) "Unfounded report" means a report, made pursuant to § 4-1321.03, which is made maliciously or in bad faith or which has no basis in fact.
(21) Repealed.
(22) "Youth" means an individual under 18 years of age residing in the District and those classified as youth in the custody of the Agency who are 21 years of age or younger.
(Sept. 23, 1977, D.C. Law 2-22, title I, § 102, 24 DCR 3341; Mar. 15, 1990, D.C. Law 8-87, § 3(a), 37 DCR 50; June 27, 2000, D.C. Law 13-136, § 201(a), 47 DCR 2850; Apr. 4, 2001, D.C. Law 13-277, § 2(a), 48 DCR 2043; Oct. 19, 2002, D.C. Law 14-206, § 2(a), 49 DCR 7815; Apr. 12, 2005, D.C. Law 15-341, § 2(a), 52 DCR 2315; Apr. 13, 2005, D.C. Law 15-354, § 96, 52 DCR 2638; Mar. 2, 2007, D.C. Law 16-191, § 20, 53 DCR 6794; Sept. 12, 2008, D.C. Law 17-231, § 12, 55 DCR 6758; May 27, 2010, D.C. Law 18-162, § 2(a), 57 DCR 3029; Sept. 24, 2010, D.C. Law 18-228, § 2(a), 57 DCR 6926; Mar. 12, 2011, D.C. Law 18-312, § 2(a), 57 DCR 12398; June 7, 2012, D.C. Law 19-141, § 505(a), 59 DCR 3083.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2101.
1973 Ed., § 6-2101.
Effect of Amendments
D.C. Law 13-136 rewrote this section, which formerly read:
"For the purposes of this act:
"(1) 'Child Protection Register' means the confidential index of all reports established pursuant to § 6-2111.
"(2) 'Credible evidence' means any evidence which indicates that a child is an abused or neglected child, including the statement of any person worthy of belief.
"(3) Except where used in title IV of this act, 'Division' means the Child Protective Services Division of the District of Columbia Department of Human Services.
"(4) 'Guardian ad litem' means an attorney appointed by the Superior Court of the District of Columbia to represent the child's best interests in neglect proceedings.
"(5) 'Police' means the Metropolitan Police Department of the District of Columbia.
"(6) 'Report' means a report to the police or the Division of a suspected or known neglected child.
"(7) 'Source' means the person or institution from whom a report originates.
"(8) 'Supported report' means a report, made pursuant to § 2-1353, which is supported by credible evidence.
"(9) 'Unsupported report' means a report, made pursuant to § 2-1353, which is not supported by credible evidence.
"(10) 'Drug' shall have the same meaning as the term 'controlled substance' has in § 33-501(4).
"(11) 'Drug-related activity' means the use, sale, distribution, or manufacture of a drug or drug paraphernalia without a legally valid license or medical prescription.
"(12) 'Law enforcement officer' means a sworn officer of the Metropolitan Police Department of the District of Columbia.
"(13) '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."
D.C. Law 13-277 added par. (2A) and rewrote par. (6) which had read:
"(6) 'Division' means the Child Protective Services Division of the District of Columbia Department of Human Services."
D.C. Law 14-206 rewrote par. (1); added pars. (12A), (14A), (18A), and (19A); and repealed pars. (17) and (20). Pars. (1), (17), and (20) had read as follows:
"(1) 'Abused', when used in 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.
"(17) 'Report' means a report to the police or the Agency of a suspected or known neglected child.
"(20) 'Time-limited family reunification services' means services and activities provided to a committed child and to the child's parent, guardian, or custodian in order to facilitate the safe, appropriate, and timely reunification of the child during the 15 months following the child's entry into foster care. Time-limited family reunification services include:"
D.C. Law 15-341 added pars. (2B) and (15B).
D.C. Law 15-354, in pars. (13A), (15A), (18), (19A), (20A), and (21), validated previously made technical corrections.
D.C. Law 16-191, in par. (15B), validated a previously made technical correction.
D.C. Law 17-231 added par. (6A); and, in pars. (12) and (14)(D)(i), substituted "marriage, domestic partnership," for "marriage,".
D.C. Law 18-162 added par. (4A).
D.C. Law 18-228 added par. (9A).
D.C. Law 18-312 added pars. (3)(F) and (G).
D.C. Law 19-141 added pars. (2A-i), (2A-ii), (2A-iii), (15C), and (22).
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 3 of Prevention of Child Neglect Temporary Amendment Act of 1993 (D.C. Law 10-61, November 20, 1993, law notification 40 DCR 8454).
For temporary (225 day) amendment of section, see § 201(a) 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 § 2(a) of Adoption and Safe Families Compliance Temporary Amendment Act of 2000 (D.C. Law 13-193, October 21, 2000, law notification 47 DCR 8983).
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).
Section 2 of D.C. Law 18-136, in par. (3), added subpars. (F) and (G) to read as follows:
"(F) In the case of a child with respect to whom the permanency plan is placement with a relative and receipt of kinship guardianship assistance payments under D.C. Official Code § 16-2399, a description of the:
"(i) Steps taken to determine that it is not appropriate for the child to be returned home or adopted;
"(ii) Reasons for any separation of siblings during placement;
"(iii) Reasons a permanent placement with a fit and willing relative through a kinship guardianship-assistance arrangement is in the child's best interests;
"(iv) Ways in which the child meets the eligibility requirements for a kinship guardianship-assistance payment;
"(v) Efforts made to discuss adoption by the child's relative foster parent as a more permanent alternative to legal guardianship and, in the case of a relative foster parent who has chosen not to pursue adoption, documentation of the reasons therefore; and
"(vi) Efforts made to discuss with the child's parent the kinship guardianship-assistance arrangement, or the reasons the efforts were not made; and
"(G) A plan for ensuring the educational stability of the child while in foster care, including:
"(i) Assurances that the placement of the child in foster care takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement; and
"(ii)(I) An assurance that the Agency has coordinated with appropriate local educational agencies, as defined under section 601(f) of the Elementary and Secondary Education Act of 1965, approved April 11, 1965 (79 Stat. 27; 20 USC § 7801)), to ensure that the child remains in the school in which the child is enrolled at the time of placement; or
"(II) If remaining in the school the child is enrolled in at the time of placement is not in the best interests of the child, assurances by the Agency and the local educational agencies to provide immediate and appropriate enrollment in a new school, with all of the educational records of the child provided to the school.".
Section 4(b) of D.C. Law 18-136 provides that the act shall expire after 225 days of its having taken effect.
Section 2 of D.C. Law 18-298 added pars. (3)(F) and (G) to read as follows:
"(F) In the case of a child with respect to whom the permanency plan is placement with a relative and receipt of kinship guardianship assistance payments under D.C. Official Code § 16-2399, a description of the:
"(i) Steps taken to determine that it is not appropriate for the child to be returned home or adopted;
"(ii) Reasons for any separation of siblings during placement;
"(iii) Reasons a permanent placement with a fit and willing relative through a kinship guardianship-assistance arrangement is in the child's best interests;
"(iv) Ways in which the child meets the eligibility requirements for a kinship guardianship-assistance payment;
"(v) Efforts made to discuss adoption by the child's relative foster parent as a more permanent alternative to legal guardianship and, in the case of a relative foster parent who has chosen not to pursue adoption, documentation of the reasons therefore; and
"(vi) Efforts made to discuss with the child's parent the kinship guardianship-assistance arrangement, or the reasons the efforts were not made; and
"(G) A plan for ensuring the educational stability of the child while in foster care, including:
"(i) Assurances that the placement of the child in foster care takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement; and
"(ii)(I) An assurance that the Agency has coordinated with appropriate local educational agencies, as defined under section 601(f) of the Elementary and Secondary Education Act of 1965, approved April 11, 1965 (79 Stat. 27; 20 USC § 7801)), to ensure that the child remains in the school in which the child is enrolled at the time of placement; or
"(II) If remaining in the school the child is enrolled in at the time of placement is not in the best interests of the child, assurances by the Agency and the local educational agencies to provide immediate and appropriate enrollment in a new school, with all of the educational records of the child provided to the school.".
Section 4(b) of D.C. Law 18-298 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary amendment of section, see § 3 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 § 3 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 § 201(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 § 201(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 § 201(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 § 2 of the Adoption and Safe Families Compliance Emergency Amendment Act of 2000 (D.C. Act 13-383, July 24, 2000, 47 DCR 6700).
For temporary (90 day) amendment of section, see § 2(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) 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).
For temporary (90 day) amendment of section, see § 2 of Prevention of Child Abuse and Neglect Emergency Amendment Act of 2009 (D.C. Act 18-259, January 4, 2010, 57 DCR 337).
For temporary (90 day) amendment of section, see § 2 of Prevention of Child Abuse and Neglect Emergency Amendment Act of 2010 (D.C. Act 18-586, October 20, 2010, 57 DCR 10136).
For temporary (90 day) repeal of section 3 of D.C. Law 18-228, see § 109 of Fiscal Year 2013 Budget Support Technical Clarification Emergency Amendment Act of 2012 (D.C. Act 19-482, October 10, 2012, 59 DCR 12478).
Legislative History of Laws
Law 2-22, the "Prevention of Child Abuse and Neglect Act of 1977," was introduced in Council and assigned Bill No. 2-48, which was referred to the Committee on Human Resources and Aging and the Committee on the Judiciary. The Bill was adopted on first and second readings on May 17, 1977, and May 31, 1977, respectively. Signed by the Mayor on July 6, 1977, it was assigned Act No. 2-53 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 8-87, see Historical and Statutory Notes following § 4-1301.06a.
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, 2000.
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.
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.
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.
For Law 15-354, see notes following § 4-204.55.
For Law 16-191, see notes following § 4-204.61.
Law 17-231, the "Omnibus Domestic Partnership Equality Amendment Act of 2008", was introduced in Council and assigned Bill No. 17-135, which was referred to the Committee on Public Safety and the Judiciary. The Bill was adopted on first and second readings on April 1, 2008, and May 6, 2008, respectively. Signed by the Mayor on June 6, 2008, it was assigned Act No. 17-403 and transmitted to both Houses of Congress for its review. D.C. Law 17-231 became effective on September 12, 2008.
Law 18-162, the "Foster Care Youth Identity Protection Amendment Act of 2010", was introduced in Council and assigned Bill No. 18-449, which was referred to the Committee on Human Services. The bill was adopted on first and second readings on February 2, 2010, and March 2, 2010, respectively. Signed by the Mayor on April 2, 2010, it was assigned Act No. 18-354 and transmitted to both Houses of Congress for its review. D.C. Law 18-162 became effective on May 27, 2010.
Law 18-228, the "Families Together Amendment Act of 2010", was introduced in Council and assigned Bill No. 18-667, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on June 1, 2010, and June 15, 2010, respectively. Signed by the Mayor on July 7, 2010, it was assigned Act No. 18-472 and transmitted to both Houses of Congress for its review. D.C. Law 18-228 became effective on September 24, 2010.
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.
Law 19-141, the "South Capitol Street Memorial Amendment Act of 2012", was introduced in Council and assigned Bill No. 19-211, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on March 6, 2012, and March 20, 2012, respectively. Signed by the Mayor on April 10, 2012, it was assigned Act No. 19-344 and transmitted to both Houses of Congress for its review. D.C. Law 19-141 became effective on June 7, 2012.
References in Text
"Title IV of this act", referenced in par. (2A), is title IV of Law 2-22, which is codified to 16-2304, 16-2310, 16-2313, 16-2315, 16-2319, 16-2320, 16-2323 to 16-2338, and 16-2351 to 16-2365.
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. 14-206 shall apply as of October 1, 2003.
Section 3 of D.C. Law 18-228 provides:
"Sec. 3. Applicability.
"This act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan."
The Budget Director of the Council of the District of Columbia has determined, as of February 15, 2012, that the fiscal effect of Law 18-228 has not been included in an approved budget and financial plan. Therefore, the provisions of this section, enacted by Law 18-228, are not in effect.
The Budget Director of the Council of the District of Columbia has determined, as of October 10, 2012, that the fiscal effect of Title III of Law 18-228 has been included in an approved budget and financial plan. Therefore, the provisions of this section, enacted by Law 18-228, are in effect. Section 109 of Emergency Act 19-482 repealed section 3 of Law 18-228.
(a)(1) The Agency shall conduct a thorough investigation of a report of suspected child abuse or neglect to protect the health and safety of the child or children.
(2) For all other reports of suspected child abuse or neglect, the Agency, directly or through a contractor or another appropriate District agency, shall conduct either a thorough investigation or a family assessment. A family's cooperation with the family assessment and its acceptance of services offered pursuant to the assessment shall be voluntary; provided, that there are no child-safety concerns.
(3) If at any time the Agency determines that a report referred for family assessment should be re-referred for an investigation, the Agency shall commence an investigation pursuant to subsections (b), (c), and (d) of this section and the requirements of this subchapter.
(4) If the family assessment determines that the family needs services, the Agency, directly or through a contractor or another appropriate District agency, shall assist the family in obtaining these services.
(5) The family assessment shall commence as soon as possible, but no later than 5 days after the Agency's receipt of the report, and shall include seeing the child and all other children in the household within that 5-day period; provided, that the report does not involve a child who is at imminent risk of or has experienced abuse or neglect that the Agency determines to be severe, in which case the report shall be referred for investigation.
(6) If at any time the Agency finds, through an evaluation, that the time period of 5 days to commence a family assessment is not serving the best interest of families and children, it shall re-evaluate its practices regarding commencement and implementation of the family assessment, comparing its practices with national standards and best practices. The Agency shall report the conclusions of any re-evaluation to the Council, along with recommendations, if any, for legislative initiatives that address the conclusions of the report.
(b) The investigation shall commence:
(1) Immediately upon receiving a report of suspected abuse or neglect or a referral for investigation following a family assessment indicating that the child's safety or health is in immediate danger; and
(2) As soon as possible, and at least within 24 hours, upon receiving any report or a referral for investigation following a family assessment not involving immediate danger to the child.
(c) The initial phase of the investigation shall:
(1) Be completed within 24 hours of its commencement;
(2) Include notification and coordination with the Metropolitan Police Department when there is indication of a crime, including sexual or serious physical abuse; and
(3) Include:
(A) Seeing the child and all other children in the household outside of the presence of the caretaker or caretakers;
(B) Conducting an interview with the child's caretaker or caretakers;
(C) Speaking with the source of the report;
(D) Assessing the safety and risk of harm to the child from abuse or neglect in the place where the child lives;
(E) Deciding on the safety of the child and of other children in the household; and
(F) Deciding on the safety of other children in the care or custody of the person or persons alleged to be abusing or neglecting the child;
(G) A finding as to whether the report of abuse or neglect is substantiated, inconclusive, or unfounded, unless at any time during the investigation the Director determines it appropriate to refer the family for a family assessment and suspends the investigation to complete a family assessment in accordance with rules issued pursuant to § 4-1306.01(d).
(d) The Agency may request the assistance of the Metropolitan Police Department to assist in the investigation or to ensure the safety of Agency staff.
(e)(1) Repealed.
(2) On or before December 15, 2011, the Agency shall submit a written report to the Council's Committee on Human Services detailing the Agency's progress toward using family assessments as authorized by this section, which shall include:
(A) A detailed review of the steps taken to phase in full implementation of this alternative to investigation;
(B) An evaluation of the strengths and needs of the implementation process; and
(C) Whether additional funding will be needed in fiscal year 2013 for expanded implementation.
(Sept. 23, 1977, D.C. Law 2-22, title I, § 104, 24 DCR 3341; Apr. 4, 2001, D.C. Law 13-277, § 2(b), 48 DCR 2043; Apr. 12, 2005, D.C. Law 15-341, § 2(b), 52 DCR 2315; Sept. 24, 2010, D.C. Law 18-228, § 2(b), 57 DCR 6926; Sept. 14, 2011, D.C. Law 19-21, § 5052(a), 58 DCR 6226.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2102.
1973 Ed., § 6-2102.
Effect of Amendments
D.C. Law 13-277 substituted "Agency" for "Division" throughout the section.
D.C. Law 15-341 rewrote the section which had read as follows:
"(a) Upon the receipt of an oral report, the Agency shall immediately inform the police of the contents of the report, if it alleges a child is or may have been an abused child.
"(b) The Agency shall commence an investigation of all reports alleging neglect other than abuse within 24 hours of the receipt of the report except that when:
"(1) A report alleges that a child is left alone or with inadequate supervision, the Agency shall commence an investigation immediately. If the Agency is unable to dispatch a worker to the child forthwith, it shall inform the police of the report;
"(2) A report indicates the existence of an immediate danger to a child and the immediate removal of the child from his or her surroundings appears necessary despite the available resources, the Agency shall inform the police of the contents of the report and request the police to investigate. The Agency shall immediately commence a social investigation.
"(c) In all cases occurring after normal working hours or when it is otherwise deemed necessary, the Agency may request the assistance of the police."
D.C. Law 18-228 rewrote the section, which had read as follows:
"(a) The Agency shall conduct a thorough investigation of a report of suspected child abuse or neglect to protect the health and safety of the child or children.
"(b) The investigation shall commence:
"(1) Immediately upon receiving a report of suspected abuse or neglect indicating that the child's safety or health is in immediate danger; and
"(2) As soon as possible, and at least within 24 hours, upon receiving any report not involving immediate danger to the child.
"(c) The initial phase of the investigation shall:
"(1) Be completed within 24 hours of its commencement;
"(2) Include notification and coordination with the Metropolitan Police Department when there is indication of a crime, including sexual or serious physical abuse; and
"(3) Include:
"(A) Seeing the child and all other children in the household outside of the presence of the caretaker or caretakers;
"(B) Conducting an interview with the child's caretaker or caretakers;
"(C) Speaking with the source of the report;
"(D) Assessing the safety and risk of harm to the child from abuse or neglect in the place where the child lives;
"(E) Deciding on the safety of the child and of other children in the household; and
"(F) Deciding on the safety of other children in the care or custody of the person or persons alleged to be abusing or neglecting the child.
"(d) The Agency may request the assistance of the Metropolitan Police Department to assist in the investigation or to ensure the safety of Agency staff."
D.C. Law 19-21 repealed subsec. (e)(1); and, in subsec. (e)(2), substituted "December 15, 2011" for "October 1, 2010" in the lead-in language, substituted "to phase in full implementation of this alternative to investigation;" for "toward full implementation of this alternative to investigation; and" in subpar. (A), substituted "process; and" for "process." in subpar. (B), and added subpar. (C). Prior to repeal, subsec. (e)(1) read as follows:
"(e)(1) The use of family assessments, where appropriate, shall be fully implemented within 365 days of September 24, 2010."
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 5022(a) of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).
For temporary (90 day) repeal of section 3 of D.C. Law 18-228, see § 109 of Fiscal Year 2013 Budget Support Technical Clarification Emergency Amendment Act of 2012 (D.C. Act 19-482, October 10, 2012, 59 DCR 12478).
Legislative History of Laws
For legislative history of D.C. Law 2-22, see Historical and Statutory Notes following § 4-1301.02.
For D.C. Law 13-277, see note following § 4-1301.02.
For Law 15-341, see notes following § 4-1301.02.
For Law 18-228, see notes following § 4-1301.02.
For history of Law 19-21, see notes under § 4-204.07.
Miscellaneous Notes
For applicability of D.C. Law 13-277, see note following § 4-1303.01a.
Section 3 of D.C. Law 18-228 provides:
"Sec. 3. Applicability.
"This act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan."
The Budget Director of the Council of the District of Columbia has determined, as of February 15, 2012, that the fiscal effect of Law 18-228 has not been included in an approved budget and financial plan. Therefore, the provisions of this section, enacted by Law 18-228, are not in effect.
The Budget Director of the Council of the District of Columbia has determined, as of October 10, 2012, that the fiscal effect of Title III of Law 18-228 has been included in an approved budget and financial plan. Therefore, the provisions of this section, enacted by Law 18-228, are in effect. Section 109 of Emergency Act 19-482 repealed section 3 of Law 18-228.
Short title: Section 5051 of D.C. Law 19-21 provided that subtitle F of title V of the act may be cited as "Families Together Amendment Act of 2011".
(a) The police shall, as soon as possible after the receipt of a report of a neglected child other than an abused child, inform the Agency of its contents and any action the police are taking or have taken.
(b) The police may, upon the receipt of a report of an abused child, inform the Agency of its contents and shall, as soon as possible when the report is a substantiated report, inform the Agency of its contents and any action they are taking or have taken.
(c) The police shall immediately after a report is received commence an investigation of the circumstances alleged in the report.
(d) The police shall immediately after a report is received commence an investigation of a case of a neglected child in immediate danger which case was referred from the Agency or reported directly to the police.
(e) Upon the receipt of a report alleging a child is or has been left alone or without adequate supervision, the police shall respond to the report immediately and shall take such steps as are necessary to safeguard the child until a Agency staff member arrives: Provided, however, that if the Agency does not arrive within a reasonable time, the police may transport the child to the Agency. The transporting of a child to the Agency pursuant to this subsection shall not be considered a taking into custody as described in § 16-2309.
(Sept. 23, 1977, D.C. Law 2-22, title I, § 105, 24 DCR 3341; Apr. 4, 2001, D.C. Law 13-277, § 2(c), 48 DCR 2043; Oct. 19, 2002, D.C. Law 14-206, § 2(b), 49 DCR 7815.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2103.
1973 Ed., § 6-2103.
Effect of Amendments
D.C. Law 13-277 substituted "Agency" for "Division" throughout the section.
D.C. Law 14-206, in subsec. (b), substituted "substantiated report" for "supported report".
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
For legislative history of D.C. Law 2-22, see Historical and Statutory 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.
(a) The full investigation shall be completed no more than 30 days after the receipt of the first notice of the suspected abuse or neglect.
(b) The investigation shall determine:
(1) The nature, extent, and cause of the abuse or neglect, if any;
(2) If mental injury, as defined in § 16-2301(31), is suspected, an assessment of the suspected mental injury by a physician, a psychologist, or a licensed clinical social worker;
(3) If the suspected abuse or neglect is determined to be substantiated:
(A) The identity of the person responsible for the abuse or neglect;
(B) The name, age, sex, and condition of the abused or neglected child and all other children in the home;
(C) The conditions in the home at the time of the alleged abuse or neglect;
(D) Whether there is any child in the home whose health, safety, or welfare is at risk; and
(E) Whether any child who is at risk should be removed from the home or can be protected by the provision of resources, such as those listed in §§ 4- 1303.03 and 4-1303.03a.
(c)(1) Within 5 business days after the completion of the investigation, the Agency shall complete a final report of its findings.
(2) The Agency shall provide a copy of a report regarding suspected abuse or neglect that addresses possible criminal activity to the Metropolitan Police Department, the Office of the Attorney General, and the United States Attorney for the District of Columbia.
(d) If the Agency determines that a report was made in bad faith, the Agency shall refer the report to the Office of the Attorney General, which shall determine whether prosecution of the person making the report in bad faith is warranted.
(e) Nothing in this section shall be read as abrogating the responsibility of the Metropolitan Police Department for criminal investigations.
(Sept. 23, 1977, D.C. Law 2-22, title I, § 106, 24 DCR 3341; Apr. 4, 2001, D.C. Law 13-277, § 2(d), 48 DCR 2043; Apr. 12, 2005, D.C. Law 15-341, § 2(c), 52 DCR 2315.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2104.
1973 Ed., § 6-2104.
Effect of Amendments
D.C. Law 13-277, in subsec. (a), substituted "with the Agency" for "with the Division" and substituted "either the Agency" for "either the department of Human Services".
D.C. Law 15-341 rewrote the section which had read as follows:
"(a) The primary responsibility for the initial investigation is with the police in cases of an allegedly abused child and with the Agency in other cases of an allegedly neglected child: Provided, however, that the investigation of a report involving acts or omissions of either the Agency or the police shall be conducted by the department which is not involved.
"(b) The purpose of the initial investigation shall be to determine:
"(1) The nature, extent, and cause of the abuse or neglect;
"(2) The identity of the person responsible for the abuse or neglect;
"(3) The name, age, sex, and condition of the abused or neglected child and all other children in the home;
"(4) The conditions in the home at the time of the investigation;
"(5) Whether there is any child in the home whose health, safety, or welfare is in jeopardy because of his or her treatment in the home or his or her home environment; and
"(6) Whether any child who is in jeopardy because of treatment in the home or his or her home environment should be removed from the home or can be protected by the provision of resources such as those listed in § 4-1303.04."
Legislative History of Laws
For legislative history of D.C. Law 2-22, see Historical and Statutory Notes following § 4-1301.02.
For D.C. Law 13-277, see notes following § 4-1301.02.
For Law 15-341, see notes following § 4-1301.02.
Miscellaneous Notes
For applicability of D.C. Law 13-277, see note following § 4-1303.01a.
(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.
(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.
(a) In cases in which a child is alleged to be a neglected, but not an abused, child the Agency shall determine whether the child should be removed from the home or can be protected by the provision of services or resources. If in the opinion of the Agency the available services or resources are insufficient to protect the child and there is insufficient time to petition for removal, the Agency shall request the police to remove the child pursuant to § 16- 2309(a)(3) or (a)(4).
(b) In all cases for which the police are responsible for the initial investigation but which do not involve an immediate danger to a child, the police shall seek from the Agency and the Agency shall provide assistance in the determination of whether the child can be protected by the provision of services or resources or whether removal is necessary. Whenever possible the Agency shall dispatch a worker to the scene to provide assistance in this determination.
(c) In all cases for which the police are responsible for the initial investigation and which do involve an immediate danger to a child and require removal pursuant to § 16-2309(a)(3), the police shall immediately notify the Agency of the removal and the latter shall investigate alternative placements for the child.
(d) When, prior to a shelter care hearing, the Agency locates a suitable alternative placement pursuant to subsection (c) of this section, the police may release the child pursuant to § 16-2311(a)(1).
(e) The Director of the Agency or his or her designee shall take custody of a child and remove the child from a hospital pending further custody proceedings if:
(1) The Director of the Agency receives written notification from the chief executive officer of a hospital located in the District of Columbia that a child has resided in the hospital for at least 10 days following the birth of the child, despite a medical determination that the child is ready for discharge; and
(2) The parent, guardian, or custodian of the child, as established by the hospital admission records, has not taken any action nor made any effort to maintain a parental, guardianship, or custodial relationship or contact with the child.
(Sept. 23, 1977, D.C. Law 2-22, title I, § 107, 24 DCR 3341; June 8, 1990, D.C. Law 8-134, § 3, 37 DCR 2613; Apr. 4, 2001, D.C. Law 13-277, § 2(f), 48 DCR 2043.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2105.
1973 Ed., § 6-2105.
Effect of Amendments
D.C. Law 13-277 substituted "Agency" for "Division" throughout the section; and, in subsec. (e), substituted "Director of the " for "Chief of the".
Legislative History of Laws
For legislative history of D.C. Law 2-22, see Historical and Statutory Notes following § 4-1301.02.
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.
For applicability of D.C. Law 13-277, see note following § 4-1303.01a.
For D.C. Law 13-277, see notes following § 4-1301.02.
Miscellaneous Notes
For applicability of D.C. Law 13-277, see note following § 4-13035.01a.
As part of the investigation required by this part, any person responsible for the investigation may take, or have taken, photographs of each area of possible trauma on the child or photographs of the conditions surrounding the suspected abuse or neglect of the child, and if medically indicated, have radiological examinations, including full skeletal x-rays, performed on the child.
(Sept. 23, 1977, D.C. Law 2-22, title I, § 108, 24 DCR 3341; Oct. 19, 2002, D.C. Law 14-206, § 2(d), 49 DCR 7815; Apr. 12, 2005, D.C. Law 15-341, § 2(d), 52 DCR 2315.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2106.
1973 Ed., § 6-2106.
Effect of Amendments
D.C. Law 14-206 substituted "substantiated report" for "supported report".
D.C. Law 15-341 rewrote the section which had read as follows:
"If there is a substantiated report, any person responsible for the investigation under § 4-1301.06 may take, or have taken, color photographs of each area of trauma visible on the child or photographs of the conditions surrounding the neglect of the child and, if medically indicated, have radiological examinations performed on the child."
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
For legislative history of D.C. Law 2-22, see Historical and Statutory 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.
For Law 15-341, see notes following § 4-1301.02.
Miscellaneous Notes
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.
(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.
(a) In determining and making reasonable efforts under this section, the child's safety and health shall be the paramount concern.
(b)(1) Except as provided in subsection (c) of this section, reasonable efforts shall be made to preserve and reunify the family by the Agency .
(2) These reasonable efforts shall be made prior to the removal of a child from the home in order to prevent or eliminate the need for removing the child, unless the provision of services would put the child in danger.
(3) Reasonable efforts shall be made to make it possible for the child to return safely to the child's home.
(c) If reasonable efforts as required by subsection (b) of this section are determined to be inconsistent with the child's permanency plan, the Agency shall make reasonable efforts to place the child in accordance with the child's permanency plan and to complete whatever steps are necessary to finalize the child's permanent placement.
(d) The Agency shall not be required to make reasonable efforts to preserve and reunite the family with respect to a parent if:
(1) A court of competent jurisdiction has determined that the parent:
(A) Subjected the child who is the subject of a petition before the Family Court of the Superior Court of the District of Columbia ("Family Court"), a sibling of the child, or another child to cruelty, abandonment, torture, chronic abuse, or sexual abuse;
(B) Committed the murder or voluntary manslaughter of a sibling of the child who is the subject of a petition before the Family Court or another child, or of any other member of the household of the parent;
(C) Aided, abetted, attempted, conspired, or solicited to commit the murder or voluntary manslaughter of the child who is the subject of a petition before the Family Court, a sibling of the child, or another child, or of any other member of the household of the parent; or
(D) Committed an assault that constitutes a felony against the child who is the subject of a petition before the Family Court, a sibling of the child, or another child;
(2) The parent's parental rights have been terminated involuntarily with respect to a sibling; or
(3) A court of competent jurisdiction has determined that the parent is required to register with a sex offender registry under section 113(a) of the Adam Walsh Child Protection and Safety Act of 2006, approved July 27, 2006 (120 Stat. 593; 42 U.S.C. 16913(a)).
(e) If reasonable efforts are not made pursuant to subsection (d) of this section:
(1) A permanency hearing conducted pursuant to § 16-2323 shall be held for the child within 30 days after the determination that reasonable efforts are not required; and
(2) Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child.
(f) Reasonable efforts to place a child for adoption, with an approved kinship caregiver, with a legal custodian or guardian, or in another permanent placement may be made concurrently with the reasonable efforts required by subsection (b) of this section.
(Sept. 23, 1977, D.C. Law 2-22, title I, § 109a, as added June 27, 2000, D.C. Law 13-136, § 201(c), 47 DCR 2850; Apr. 4, 2001, D.C. Law 13-277, § 2(h), 48 DCR 2043; Apr. 12, 2005, D.C. Law 15-341, § 2(e), 52 DCR 2315; July 13, 2012, D.C. Law 19-164, § 2, 59 DCR 6185.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 13-277, in par. (1) of subsec. (b), substituted "Agency" for "Division" and deleted "or the Child Abuse Unit of the Social Services Division of the Superior Court of the District of Columbia, whichever is responsible for making determinations providing services to the child and family," following "by the Division"; in subsec. (c), substituted "Agency" for "Division" and deleted "or the Child Abuse Unit of the Social Services Division of the Superior Court of the District of Columbia, whichever is responsible for providing services to the child and family," following "the Division"; and, in subsec. (d), substituted "Agency" for "Division" and deleted "and the Child Abuse Unit of the Social Services Division of the Superior Court of the District of Columbia" following "The Division".
D.C. Law 15-341, in subpars. (B) and (C) of par. (1) of subsec. (d), substituted "child, or of any other member of the household of the parent" for "child".
D.C. Law 19-164, in the lead-in language of subsec. (d), substituted ""efforts to preserve and reunite the family" for "efforts"; in subsec. (d)(1)(A), substituted "the child who is the subject of a petition before the Family Court of the Superior Court of the District of Columbia ("Family Court"), a sibling of the child, or another child" for "a sibling or another child"; in subsec. (d)(1)(B), substituted ""a sibling of the child who is the subject of a petition before the Family Court" for "a sibling"; in subsec. (d)(1)(C), substituted "the child who is the subject of a petition before the Family Court, a sibling of the child, or another child" for "a sibling or another child"; in subsec. (d)(1)(D), substituted "Family Court, a sibling of the child, or another child;" for "Family Division of the Superior Court, a sibling of such a child, or another child; or"; in subsec. (d)(2), substituted "sibling; or" for "sibling."; and added subsec. (d)(3).
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 201(c) of Adoption and Safe Families Temporary Amendment Act of 1999 (D.C. Law 13-56, March 7, 2000, law notification 47 DCR 1978).
Section 2 of D.C. Law 19-64, in subsecs. (d)(1)(A) and (C), substituted "child who is the subject of a petition before the Family Division of the Superior Court, a sibling of such child, or another child" for "sibling or another child"; in subsec. (d)(1)( C), deleted "and" at the end; and added subsec. (d)(1)(E) to read as follows:
"(E) Is required to register with a sex offender registry under section 113(a) of the Adam Walsh Child Protection and Safety Registry, approved July 27, 2006 (120 Stat. 593; 42 U.S.C. § 16913(a)); or".
Section 5(b) of D.C. Law 19-64 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90-day) addition of § 4-1301.09a, see § 201(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) addition of § 4-1301.09a, see § 201(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) addition of § 4-1301.09a, see § 201(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 § 4(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 § 4(a) of Adoption and Safe Families Compliance Emergency Amendment Act of 2001 (D.C. Act 14-65, June 6, 2001, 48 DCR 5721).
For temporary (90 day) amendment of section, see § 2 of Child Abuse Prevention and Treatment Emergency Amendment Act of 2011 (D.C. Act 19-165, October 11, 2011, 58 DCR 8896).
Legislative History of Laws
For Law 13-136, see notes following § 4-1301.02.
For D.C. Law 13-277, see notes following § 4-1301.02.
For Law 15-341, see notes following § 4-1301.02.
Law 19-164, the "Child Abuse Prevention and Treatment Amendment Act of 2012", was introduced in Council and assigned Bill No. 19-466, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on April 17, 2012, and May 1, 2012, respectively. Signed by the Mayor on May 17, 2012, it was assigned Act No. 19-374 and transmitted to both Houses of Congress for its review. D.C. Law 19-164 became effective on July 13, 2012.
Miscellaneous Notes
For applicability of D.C. Law 13-277, see note following § 4-1303.01a.
