District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0044 Compare Versions

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7-AN ACT
7+A BILL
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9-___________________
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1111 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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13-____________________________
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16-To amend Chapter 3 of Title 13 of the District of Columbia Official Code to provide that
17-publication may be substituted for personal service of process for appointments of a
18-vulnerable youth guardian in certain circumstances; and to amend Chapter 23 of Title 16
19-of the District of Columbia Official Code to authorize the Family Division of the
20-Superior Court to appoint, modify, and terminate a new class of legal guardianship for
21-vulnerable youth.
22-
23- BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
24-act may be cited as the “Vulnerable Youth Guardianship Protection Amendment Act of 2024”.
25-
26-Sec. 2. Section 13-336(b) of the District of Columbia Official Code is amended as
27-follows:
28-(a) Paragraph (7) is amended by striking the phrase “; and” and inserting a semicolon in
29-its place.
30-(b) Paragraph (8) is amended by striking the period and inserting the phrase “; and” in its
31-place.
32-(c) A new paragraph (9) is added to read as follows:
33-“(9) actions for the appointment of a vulnerable youth guardian under Subchapter
34-VI of Chapter 23 of Title 16 of the District of Columbia Official Code.”.
35-
36-Sec. 3. Chapter 23 of Title 16 of the District of Columbia Official Code is amended as
37-follows:
38-(a) The table of contents is amended by adding the following at the end:
39- “Subchapter VI. Vulnerable Youth Guardian.
40- “§ 16-2399.01. Definitions.
41- “§ 16-2399.02. Guardianship petition.
42- “§ 16-2399.03. Parties.
43- “§ 16-2399.04. Timing and notice.
44- “§ 16-2399.05. Conduct of hearings.
45- “§ 16-2399.06. Adjudicatory hearings.
46- “§ 16-2399.07. Order appointing a guardian of a vulnerable youth. ENROLLED ORIGINAL
16+To amend Chapter 3 of Title 13 of the District of Columbia Official Code to provide that 1
17+publication may be substituted for personal service of process for appointments of a 2
18+vulnerable youth guardian in certain circumstances; and to amend Chapter 23 of Title 16 3
19+of the District of Columbia Official Code to authorize the Family Division of the Superior 4
20+Court to appoint, modify, and terminate a new class of legal guardianship for vulnerable 5
21+youth. 6
22+ 7
23+ BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 8
24+act may be cited as the “Vulnerable Youth Guardianship Protection Emergency Amendment Act 9
25+of 2023”. 10
26+Sec. 2. Section 13-336(b) of the District of Columbia Official Code is amended as 11
27+follows: 12
28+(a) Paragraph (7) is amended by striking the phrase “; and” and inserting a semicolon in 13
29+its place. 14
30+(b) Paragraph (8) is amended by striking the period and inserting the phrase “; and” in its 15
31+place. 16
32+(c) A new paragraph (9) is added to read as follows: 17
33+“(9) actions for the appointment of a vulnerable youth guardian under Subchapter 18
34+VI of Chapter 23 of Title 16 of the District of Columbia Official Code.”. 19 ENGROSSED ORIGINAL
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4836
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52- “§ 16-2399.08. Effect of guardianship order
53- “§ 16-2399.09. Additional available remedies.”.
54-(b) A new Subchapter VI is added to read as follows:
55-“Subchapter VI. Vulnerable Youth Guardian.
56-“§ 16-2399.01. Definitions.
57-“(a) For purposes of this subchapter, the term:
58-“(1) “Guardian” means a person designated by the court pursuant to this
59-subchapter as the guardian of a vulnerable youth.
60-“(2) “Guardianship order” means the court document that establishes legal
61-guardianship and enumerates the guardian’s rights and responsibilities concerning the care and
62-custody of the vulnerable youth.
63-“(3) “Noncitizen” means a person who is not a United States citizen.
64-“(4) “Proposed guardian” means a person seeking to be appointed guardian of a
65-vulnerable youth. The term “proposed guardian” includes a business or nonprofit entity, public
66-corporation, government or governmental subdivision, agency, or instrumentality, or other legal
67-entity whether or not a citizen or domiciliary of the District of Columbia and whether or not
68-organized under the laws of the District of Columbia.
69-“(5) “Similar basis” means conditions that have an effect on a vulnerable youth
70-comparable to abuse, neglect, or abandonment, including the death of a parent.
71-“(6) “Vulnerable youth” means an unmarried noncitizen who is at least 18 but
72-younger than 21 years old.
73- “(b) Except when inconsistent with this subchapter, the terms found in this subchapter
74-shall have the same meaning as provided in §16-2301.
75-“§ 16-2399.02. Guardianship petition.
76-“(a) A vulnerable youth or proposed guardian may file a petition with the Family Court to
77-appoint a guardian under this subchapter. The petition shall name the proposed guardian and
78-describe why:
79-“(1) The appointment is in the best interests of the vulnerable youth;
80-“(2) Reunification of the vulnerable youth with one or both parents is not viable
81-due to abuse, neglect, abandonment, or a similar basis under District law; and
82-“(3) It is not in the best interests of the vulnerable youth to be returned to the
83-vulnerable youth’s or vulnerable youth’s previous parents’ country of nationality or country of
84-last habitual residence.
85- “(b) The court shall determine whether it is in the vulnerable youth’s best interests that a
86-guardian be appointed by considering:
87-“(1) The vulnerable youth’s need for continuity of care and caretakers, and for
88-timely integration into a stable home, taking into account the differences in the development and
89-the concept of time of youth of different ages and nationalities; ENROLLED ORIGINAL
40+ 20
41+ 21
42+Sec. 3. Chapter 23 of Title 16 of the District of Columbia Official Code is amended as 22
43+follows: 23
44+(a) The table of contents is amended by adding the following at the end: 24
45+ “Subchapter VI. Vulnerable Youth Guardian. 25
46+ “§ 16-2399.01. Definitions. 26
47+“§ 16-2399.02. Guardianship petition. 27
48+“§ 16-2399.03. Parties. 28
49+“§ 16-2399.04. Timing and notice. 29
50+“§ 16-2399.05. Conduct of hearings. 30
51+ “§ 16-2399.06. Adjudicatory hearings. 31
52+“§ 16-2399.07. Order appointing a guardian of a vulnerable youth. 32
53+“§ 16-2399.08. Effect of guardianship order 33
54+“§ 16-2399.09. Additional available remedies.”. 34
55+(b) A new Subchapter VI is added to read as follows: 35
56+“Subchapter VI. Vulnerable Youth Guardian. 36
57+“§ 16-2399.01. Definitions. 37
58+“(a) For purposes of this subchapter, the term: 38 ENGROSSED ORIGINAL
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95-“(2) The physical, mental, and emotional health of all individuals involved to the
96-degree that each affects the welfare of the vulnerable youth, the decisive consideration in regard
97-to this factor being the physical, mental, and emotional needs of the vulnerable youth;
98-“(3) Access to stability, safety, supports or services to remedy the impacts of prior
99-abuse, abandonment, neglect, or a similar basis under District law;
100-“(4) The quality of the interaction and interrelationship of the vulnerable youth
101-with his or her parents, siblings, relatives, and caretakers, including the proposed guardian; and
102-“(5) The vulnerable youth’s opinion of their own best interest.
103- “(c) No fees shall be charged for a petition filed under this subchapter.
104-“§ 16-2399.03. Parties.
105- “Parties to a guardianship proceeding shall be the vulnerable youth, the proposed
106-guardian, and the vulnerable youth’s parents. The court may, at its discretion, on its own motion,
107-or in response to a motion for joinder or intervention, join additional parties to a guardianship
108-proceeding.
109-“§ 16-2399.04 Timing and notice.
110-“(a) When a petition for guardianship is filed, the court shall promptly set a time for an
111-adjudicatory hearing, as soon as administratively feasible, and shall cause notice thereof to be
112-given to all parties and their attorneys.
113-“(b) When it is appropriate to the proper disposition of the case, the court may direct the
114-service of a summons upon other persons.
115-“(c) If personal service under this section cannot be effected, then notice shall be made
116-constructively pursuant to rules of the Superior Court of the District of Columbia.
117-“16-2399.05. Conduct of the hearings.
118-“(a) All hearings and proceedings conducted pursuant to this subchapter shall be held by
119-a judge, without a jury.
120-“(b) All hearings and proceedings conducted pursuant to this subchapter shall be recorded
121-by appropriate means.
122-“16-2399.06. Adjudicatory hearings.
123-“(a) The court shall begin the adjudicatory hearing by determining whether all parties are
124-present and whether proper notice of the hearing has been given.
125-“(b) All parties have the right to present evidence and cross-examine witnesses.
126-“(c) The court shall hear evidence presented by the parties and the burden of proof shall
127-rest upon the proposed guardian or vulnerable youth.
128-“(d) Every party shall have the right to present evidence, to be heard on his or her own
129-behalf, and to cross-examine witnesses called by another party.
130-“(e) All evidence which is relevant, material, and competent to the issues before the court
131-shall be admitted.
132-“(f) Notwithstanding the provisions of §§ 14-306 and 14-307, neither the spouse or
133-domestic partner privilege nor the physician/client or mental health professional/client privilege
134-shall be a ground for excluding evidence in any proceeding brought under this subchapter. ENROLLED ORIGINAL
64+“(1) “Guardian” means a person designated by the court pursuant to this subchapter 39
65+as the guardian of a vulnerable youth. 40
66+(2) “Guardianship order” means the court document that establishes legal 41
67+guardianship and enumerates the guardian’s rights and responsibilities concerning the care and 42
68+custody of the vulnerable youth. 43
69+“(3) “Noncitizen” means a person who is not a United States citizen. 44
70+“(4) “Proposed guardian” means a person seeking to be appointed guardian of a 45
71+vulnerable youth. The term “proposed guardian” includes a business or nonprofit entity, public 46
72+corporation, government or governmental subdivision, agency, or instrumentality, or other legal 47
73+entity whether or not a citizen or domiciliary of the District of Columbia and whether or not 48
74+organized under the laws of the District of Columbia. 49
75+“(5) “Similar basis” means conditions that have an effect on a vulnerable youth 50
76+comparable to abuse, neglect, or abandonment, including the death of a parent. 51
77+“(6) “Vulnerable youth” means an unmarried noncitizen who is at least 18 but 52
78+younger than 21 years old. 53
79+ “(b) Except when inconsistent with this subchapter, the terms found in this subchapter shall 54
80+have the same meaning as provided in §16-2301. 55
81+“§ 16-2399.02. Guardianship petition. 56 ENGROSSED ORIGINAL
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140-“(g) The court may enter, modify, or terminate a guardianship order after considering all
141-of the evidence presented, and after making a determination based upon a preponderance of the
142-evidence that creation, modification, or termination of the guardianship order is in the vulnerable
143-youth’s best interests. If the court does not find that sufficient grounds exist to create, modify, or
144-terminate a guardianship order, the petition may be dismissed.
145-“§ 16-2399.07. Order appointing a guardian of a vulnerable youth.
146-“(a) After consideration of all the relevant, material, and competent evidence, the court,
147-which shall be acting as a juvenile court, shall issue an order establishing a guardianship if the
148-court finds that the guardianship is in the vulnerable youth’s best interests.
149-“(b) After the guardianship is established, upon request by the proposed guardian or the
150-vulnerable youth, the court shall, if the court finds that the allegations in the petition pursuant to
151-§16-2399.02(a) are supported by a preponderance of the evidence, enter a guardianship order
152-containing the following judicial determinations supported by relevant statutory citations and
153-findings of fact:
154-“(1) Where the identity is known, the specific identity of the parent or parents;
155-“(2) That the vulnerable youth is dependent on the court and has been placed
156-under the care and custody of an individual or entity appointed by the court through the
157-appointment of a guardian;
158-“(3) That reunification of the vulnerable youth with one or both parents is not
159-viable due to abuse, abandonment, neglect or similar basis under District law; and
160-“(4) That it is not in the best interest of the vulnerable youth to be returned to the
161-vulnerable youth or vulnerable youth’s parents’ country of nationality or last habitual residence.
162-“(c) The court may, upon motion of a party, modify or terminate a guardianship order
163-when the modification or termination of the guardianship order is in the vulnerable youth’s best
164-interests.
165-“(d) The entry of a guardianship order under this subchapter shall not impinge on the
166-vulnerable youth’s fundamental rights to make their own medical, educational, financial, or other
167-such decisions.
168-“(e) A guardianship order entered under this subchapter shall automatically terminate
169-when the youth reaches age 21.
170-“§ 16-2399.08 Effect of guardianship order.
171-“(a) Unless the court specifies other rights and responsibilities, the guardian shall have
172-the following rights and responsibilities concerning the vulnerable youth:
173- “(1) The guardian shall ensure that the legal rights of the vulnerable youth are not
174-violated;
175- “(2) The guardian shall provide care and support to the vulnerable youth to
176-promote the youth's stability and wellness; and
177- “(3) The guardianship will promote the physical, mental, and emotional health of
178-the vulnerable youth. ENROLLED ORIGINAL
87+“(a) A vulnerable youth or proposed guardian may file a petition with the Family Court to 57
88+appoint a guardian under this subchapter. The petition shall name the proposed guardian and 58
89+describe why: 59
90+“(1) The appointment is in the best interests of the vulnerable youth; 60
91+“(2) Reunification of the vulnerable youth with one or both parents is not viable 61
92+due to abuse, neglect, abandonment, or a similar basis under District law; and 62
93+“(3) It is not in the best interests of the vulnerable youth to be returned to the 63
94+vulnerable youth’s or vulnerable youth’s previous parents’ country of nationality or country of last 64
95+habitual residence. 65
96+ “(b) The court shall determine whether it is in the vulnerable youth’s best interests that a 66
97+guardian be appointed by considering the following factors: 67
98+“(1) The vulnerable youth’s need for continuity of care and caretakers, and for 68
99+timely integration into a stable home, taking into account the differences in the development and 69
100+the concept of time of youth of different ages and nationalities; 70
101+“(2) The physical, mental, and emotional health of all individuals involved to the 71
102+degree that each affects the welfare of the vulnerable youth, the decisive consideration in regard 72
103+to this factor being the physical, mental, and emotional needs of the vulnerable youth; 73
104+“(3) Access to stability, safety, supports or services to remedy the impacts of prior 74
105+abuse, abandonment, neglect, or a similar basis under District law; 75 ENGROSSED ORIGINAL
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184-“(b) The guardian shall not be liable to third persons by reason of the relationship for acts
185-of the vulnerable youth.
186-“§ 16-2409. Additional available remedies.
187-“Nothing in this subchapter shall be construed to prevent:
188- “(1) A proposed guardian or vulnerable youth from seeking any other remedy or
189-protections available under District law; or
190- “(2) The court from issuing judicial determinations similar to those in §16-
191-2399.07(b) in any other proceeding concerning a noncitizen under age 18.”.
192-
193- Sec. 4. Fiscal impact statement.
194- The Council adopts the fiscal impact statement in the committee report as the fiscal
195-impact statement required by section 4a of the General Legislative Procedures Act of 1975,
196-approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
197-
198- Sec. 5. Effective date.
199-This act shall take effect following approval by the Mayor (or in the event of veto by the
200-Mayor, action by the Council to override the veto), and a 30-day period of congressional review
201-as provided in sections 602(c)(1) of the District of Columbia Home Rule Act, approved
202-December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)).
111+“(4) The quality of the interaction and interrelationship of the vulnerable youth with 76
112+his or her parents, siblings, relatives, and caretakers, including the proposed guardian; and 77
113+“(5) The vulnerable youth’s opinion of their own best interest. 78
114+ “(c) No fees shall be charged for a petition filed under this subchapter. 79
115+“§ 16-2399.03. Parties. 80
116+ “Parties to a guardianship proceeding shall be the vulnerable youth, the proposed guardian, 81
117+and the vulnerable youth’s parents. The court may, at its discretion, on its own motion, or in 82
118+response to a motion for joinder or intervention, join additional parties to a guardianship 83
119+proceeding. 84
120+“§ 16-2399.04 Timing and notice. 85
121+“(a) When a petition for guardianship is filed, the court shall promptly set a time for an 86
122+adjudicatory hearing, as soon as administratively feasible, and shall cause notice thereof to be 87
123+given to all parties and their attorneys. 88
124+“(b) When it is appropriate to the proper disposition of the case, the court may direct the 89
125+service of a summons upon other persons. 90
126+“(c) If personal service under this section cannot be effected, then notice shall be made 91
127+constructively pursuant to rules of the Superior Court of the District of Columbia. 92
128+“16-2399.05. Conduct of the hearings. 93
129+“(a) All hearings and proceedings conducted pursuant to this subchapter shall be held by a 94
130+judge, without a jury. 95 ENGROSSED ORIGINAL
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204132
205133
206-______________________________
207-Chairman
208-Council of the District of Columbia
134+6
135+
136+“(b) All hearings and proceedings conducted pursuant to this subchapter shall be recorded 96
137+by appropriate means. 97
138+“16-2399.06. Adjudicatory hearings. 98
139+“(a) The court shall begin the adjudicatory hearing by determining whether all parties are 99
140+present and whether proper notice of the hearing has been given. 100
141+“(b) All parties have the right to present evidence and cross-examine witnesses. 101
142+“(c) The court shall hear evidence presented by the parties and the burden of proof shall 102
143+rest upon the proposed guardian or vulnerable youth. 103
144+“(d) Every party shall have the right to present evidence, to be heard on his or her own 104
145+behalf, and to cross-examine witnesses called by another party. 105
146+“(e) All evidence which is relevant, material, and competent to the issues before the court 106
147+shall be admitted. 107
148+“(f) Notwithstanding the provisions of §§ 14-306 and 14-307, neither the spouse or 108
149+domestic partner privilege nor the physician/client or mental health professional/client privilege 109
150+shall be a ground for excluding evidence in any proceeding brought under this subchapter. 110
151+“(g) The court may enter, modify, or terminate a guardianship order after considering all 111
152+of the evidence presented, and after making a determination based upon a preponderance of the 112
153+evidence that creation, modification, or termination of the guardianship order is in the vulnerable 113
154+youth’s best interests. If the court does not find that sufficient grounds exist to create, modify, or 114
155+terminate a guardianship order, the petition may be dismissed. 115 ENGROSSED ORIGINAL
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211158
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214-_________________________________
215-Mayor
216-District of Columbia
161+“§ 16-2399.07. Order appointing a guardian of a vulnerable youth. 116
162+“(a) After consideration of all the relevant, material, and competent evidence, the court, 117
163+which shall be acting as a juvenile court, shall issue an order establishing a guardianship if the 118
164+court finds that the guardianship is in the vulnerable youth’s best interests. 119
165+“(b) After the guardianship is established, upon request by the proposed guardian or the 120
166+vulnerable youth, the court shall, if the court finds that the allegations in the petition pursuant to 121
167+§16-2399.02(a) are supported by a preponderance of the evidence, enter a guardianship order 122
168+containing the following judicial determinations supported by relevant statutory citations and 123
169+findings of fact: 124
170+“(1) Where the identity is known, the specific identity of the parent or parents; 125
171+“(2) That the vulnerable youth is dependent on the court and has been placed under 126
172+the care and custody of an individual or entity appointed by the court through the appointment of 127
173+a guardian; 128
174+“(3) That reunification of the vulnerable youth with one or both parents is not viable 129
175+due to abuse, abandonment, neglect or similar basis under District law; and 130
176+“(4) That it is not in the best interest of the vulnerable youth to be returned to the 131
177+vulnerable youth or vulnerable youth’s parents’ country of nationality or last habitual residence. 132
178+“(c) The court may, upon motion of a party, modify or terminate a guardianship order when 133
179+the modification or termination of the guardianship order is in the vulnerable youth’s best 134
180+interests. 135 ENGROSSED ORIGINAL
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186+“(d) The entry of a guardianship order under this subchapter shall not impinge on the 136
187+vulnerable youth’s fundamental rights to make their own medical, educational, financial, or other 137
188+such decisions. 138
189+“(e) A guardianship order entered under this subchapter shall automatically terminate when 139
190+the youth reaches age 21. 140
191+“§ 16-2399.08 Effect of guardianship order. 141
192+“(a) Unless the court specifies other rights and responsibilities, the guardian shall have 142
193+the following rights and responsibilities concerning the vulnerable youth: 143
194+ “(1) The guardian shall ensure that the legal rights of the vulnerable youth are not 144
195+violated; 145
196+ “(2) The guardian shall provide care and support to the vulnerable youth to 146
197+promote the youth's stability and wellness; and 147
198+ “(3) The guardianship will promote the physical, mental, and emotional health of 148
199+the vulnerable youth. 149
200+“(b) The guardian shall not be liable to third persons by reason of the relationship for acts 150
201+of the vulnerable youth. 151
202+“§ 16-2409. Additional available remedies. 152
203+“Nothing in this subchapter shall be construed to prevent: 153 ENGROSSED ORIGINAL
204+
205+
206+
207+9
208+
209+ “(1) A proposed guardian or vulnerable youth from seeking any other remedy or 154
210+protections available under District law; or 155
211+ “(2) The court from issuing judicial determinations similar to those in §16-156
212+2399.07(b) in any other proceeding concerning a noncitizen under age 18.”. 157
213+ Sec. 4. Fiscal impact statement. 158
214+ The Council adopts the fiscal impact statement in the committee report as the fiscal 159
215+impact statement required by section 4a of the General Legislative Procedures Act of 1975, 160
216+approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 161
217+ Sec. 5. Effective date. 162
218+This act shall take effect following approval by the Mayor (or in the event of veto by the 163
219+Mayor, action by the Council to override the veto), a 30-day period of congressional review as 164
220+provided in sections 602(c)(1) of the District of Columbia Home Rule Act, approved December 165
221+24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 166
222+Columbia Register. 167