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A BILL
25-44
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
________________
To amend Chapter 3 of Title 13 of the District of Columbia Official Code to provide that 1
publication may be substituted for personal service of process for appointments of a 2
vulnerable youth guardian in certain circumstances; and to amend Chapter 23 of Title 16 3
of the District of Columbia Official Code to authorize the Family Division of the Superior 4
Court to appoint, modify, and terminate a new class of legal guardianship for vulnerable 5
youth. 6
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 8
act may be cited as the “Vulnerable Youth Guardianship Protection Emergency Amendment Act 9
of 2023”. 10
Sec. 2. Section 13-336(b) of the District of Columbia Official Code is amended as 11
follows: 12
(a) Paragraph (7) is amended by striking the phrase “; and” and inserting a semicolon in 13
its place. 14
(b) Paragraph (8) is amended by striking the period and inserting the phrase “; and” in its 15
place. 16
(c) A new paragraph (9) is added to read as follows: 17
“(9) actions for the appointment of a vulnerable youth guardian under Subchapter 18
VI of Chapter 23 of Title 16 of the District of Columbia Official Code.”. 19 ENGROSSED ORIGINAL
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Sec. 3. Chapter 23 of Title 16 of the District of Columbia Official Code is amended as 22
follows: 23
(a) The table of contents is amended by adding the following at the end: 24
“Subchapter VI. Vulnerable Youth Guardian. 25
Ҥ 16-2399.01. Definitions. 26
Ҥ 16-2399.02. Guardianship petition. 27
Ҥ 16-2399.03. Parties. 28
Ҥ 16-2399.04. Timing and notice. 29
Ҥ 16-2399.05. Conduct of hearings. 30
Ҥ 16-2399.06. Adjudicatory hearings. 31
Ҥ 16-2399.07. Order appointing a guardian of a vulnerable youth. 32
Ҥ 16-2399.08. Effect of guardianship order 33
“§ 16-2399.09. Additional available remedies.”. 34
(b) A new Subchapter VI is added to read as follows: 35
“Subchapter VI. Vulnerable Youth Guardian. 36
Ҥ 16-2399.01. Definitions. 37
“(a) For purposes of this subchapter, the term: 38 ENGROSSED ORIGINAL
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“(1) “Guardian” means a person designated by the court pursuant to this subchapter 39
as the guardian of a vulnerable youth. 40
(2) “Guardianship order” means the court document that establishes legal 41
guardianship and enumerates the guardian’s rights and responsibilities concerning the care and 42
custody of the vulnerable youth. 43
“(3) “Noncitizen” means a person who is not a United States citizen. 44
“(4) “Proposed guardian” means a person seeking to be appointed guardian of a 45
vulnerable youth. The term “proposed guardian” includes a business or nonprofit entity, public 46
corporation, government or governmental subdivision, agency, or instrumentality, or other legal 47
entity whether or not a citizen or domiciliary of the District of Columbia and whether or not 48
organized under the laws of the District of Columbia. 49
“(5) “Similar basis” means conditions that have an effect on a vulnerable youth 50
comparable to abuse, neglect, or abandonment, including the death of a parent. 51
“(6) “Vulnerable youth” means an unmarried noncitizen who is at least 18 but 52
younger than 21 years old. 53
“(b) Except when inconsistent with this subchapter, the terms found in this subchapter shall 54
have the same meaning as provided in §16-2301. 55
Ҥ 16-2399.02. Guardianship petition. 56 ENGROSSED ORIGINAL
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“(a) A vulnerable youth or proposed guardian may file a petition with the Family Court to 57
appoint a guardian under this subchapter. The petition shall name the proposed guardian and 58
describe why: 59
“(1) The appointment is in the best interests of the vulnerable youth; 60
“(2) Reunification of the vulnerable youth with one or both parents is not viable 61
due to abuse, neglect, abandonment, or a similar basis under District law; and 62
“(3) It is not in the best interests of the vulnerable youth to be returned to the 63
vulnerable youth’s or vulnerable youth’s previous parents’ country of nationality or country of last 64
habitual residence. 65
“(b) The court shall determine whether it is in the vulnerable youth’s best interests that a 66
guardian be appointed by considering the following factors: 67
“(1) The vulnerable youth’s need for continuity of care and caretakers, and for 68
timely integration into a stable home, taking into account the differences in the development and 69
the concept of time of youth of different ages and nationalities; 70
“(2) The physical, mental, and emotional health of all individuals involved to the 71
degree that each affects the welfare of the vulnerable youth, the decisive consideration in regard 72
to this factor being the physical, mental, and emotional needs of the vulnerable youth; 73
“(3) Access to stability, safety, supports or services to remedy the impacts of prior 74
abuse, abandonment, neglect, or a similar basis under District law; 75 ENGROSSED ORIGINAL
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“(4) The quality of the interaction and interrelationship of the vulnerable youth with 76
his or her parents, siblings, relatives, and caretakers, including the proposed guardian; and 77
“(5) The vulnerable youth’s opinion of their own best interest. 78
“(c) No fees shall be charged for a petition filed under this subchapter. 79
Ҥ 16-2399.03. Parties. 80
“Parties to a guardianship proceeding shall be the vulnerable youth, the proposed guardian, 81
and the vulnerable youth’s parents. The court may, at its discretion, on its own motion, or in 82
response to a motion for joinder or intervention, join additional parties to a guardianship 83
proceeding. 84
Ҥ 16-2399.04 Timing and notice. 85
“(a) When a petition for guardianship is filed, the court shall promptly set a time for an 86
adjudicatory hearing, as soon as administratively feasible, and shall cause notice thereof to be 87
given to all parties and their attorneys. 88
“(b) When it is appropriate to the proper disposition of the case, the court may direct the 89
service of a summons upon other persons. 90
“(c) If personal service under this section cannot be effected, then notice shall be made 91
constructively pursuant to rules of the Superior Court of the District of Columbia. 92
“16-2399.05. Conduct of the hearings. 93
“(a) All hearings and proceedings conducted pursuant to this subchapter shall be held by a 94
judge, without a jury. 95 ENGROSSED ORIGINAL
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“(b) All hearings and proceedings conducted pursuant to this subchapter shall be recorded 96
by appropriate means. 97
“16-2399.06. Adjudicatory hearings. 98
“(a) The court shall begin the adjudicatory hearing by determining whether all parties are 99
present and whether proper notice of the hearing has been given. 100
“(b) All parties have the right to present evidence and cross-examine witnesses. 101
“(c) The court shall hear evidence presented by the parties and the burden of proof shall 102
rest upon the proposed guardian or vulnerable youth. 103
“(d) Every party shall have the right to present evidence, to be heard on his or her own 104
behalf, and to cross-examine witnesses called by another party. 105
“(e) All evidence which is relevant, material, and competent to the issues before the court 106
shall be admitted. 107
“(f) Notwithstanding the provisions of §§ 14-306 and 14-307, neither the spouse or 108
domestic partner privilege nor the physician/client or mental health professional/client privilege 109
shall be a ground for excluding evidence in any proceeding brought under this subchapter. 110
“(g) The court may enter, modify, or terminate a guardianship order after considering all 111
of the evidence presented, and after making a determination based upon a preponderance of the 112
evidence that creation, modification, or termination of the guardianship order is in the vulnerable 113
youth’s best interests. If the court does not find that sufficient grounds exist to create, modify, or 114
terminate a guardianship order, the petition may be dismissed. 115 ENGROSSED ORIGINAL
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Ҥ 16-2399.07. Order appointing a guardian of a vulnerable youth. 116
“(a) After consideration of all the relevant, material, and competent evidence, the court, 117
which shall be acting as a juvenile court, shall issue an order establishing a guardianship if the 118
court finds that the guardianship is in the vulnerable youth’s best interests. 119
“(b) After the guardianship is established, upon request by the proposed guardian or the 120
vulnerable youth, the court shall, if the court finds that the allegations in the petition pursuant to 121
§16-2399.02(a) are supported by a preponderance of the evidence, enter a guardianship order 122
containing the following judicial determinations supported by relevant statutory citations and 123
findings of fact: 124
“(1) Where the identity is known, the specific identity of the parent or parents; 125
“(2) That the vulnerable youth is dependent on the court and has been placed under 126
the care and custody of an individual or entity appointed by the court through the appointment of 127
a guardian; 128
“(3) That reunification of the vulnerable youth with one or both parents is not viable 129
due to abuse, abandonment, neglect or similar basis under District law; and 130
“(4) That it is not in the best interest of the vulnerable youth to be returned to the 131
vulnerable youth or vulnerable youth’s parents’ country of nationality or last habitual residence. 132
“(c) The court may, upon motion of a party, modify or terminate a guardianship order when 133
the modification or termination of the guardianship order is in the vulnerable youth’s best 134
interests. 135 ENGROSSED ORIGINAL
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“(d) The entry of a guardianship order under this subchapter shall not impinge on the 136
vulnerable youth’s fundamental rights to make their own medical, educational, financial, or other 137
such decisions. 138
“(e) A guardianship order entered under this subchapter shall automatically terminate when 139
the youth reaches age 21. 140
Ҥ 16-2399.08 Effect of guardianship order. 141
“(a) Unless the court specifies other rights and responsibilities, the guardian shall have 142
the following rights and responsibilities concerning the vulnerable youth: 143
“(1) The guardian shall ensure that the legal rights of the vulnerable youth are not 144
violated; 145
“(2) The guardian shall provide care and support to the vulnerable youth to 146
promote the youth's stability and wellness; and 147
“(3) The guardianship will promote the physical, mental, and emotional health of 148
the vulnerable youth. 149
“(b) The guardian shall not be liable to third persons by reason of the relationship for acts 150
of the vulnerable youth. 151
Ҥ 16-2409. Additional available remedies. 152
“Nothing in this subchapter shall be construed to prevent: 153 ENGROSSED ORIGINAL
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“(1) A proposed guardian or vulnerable youth from seeking any other remedy or 154
protections available under District law; or 155
“(2) The court from issuing judicial determinations similar to those in §16-156
2399.07(b) in any other proceeding concerning a noncitizen under age 18.”. 157
Sec. 4. Fiscal impact statement. 158
The Council adopts the fiscal impact statement in the committee report as the fiscal 159
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 160
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 161
Sec. 5. Effective date. 162
This act shall take effect following approval by the Mayor (or in the event of veto by the 163
Mayor, action by the Council to override the veto), a 30-day period of congressional review as 164
provided in sections 602(c)(1) of the District of Columbia Home Rule Act, approved December 165
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 166
Columbia Register. 167