16 | | - | To amend Chapter 3 of Title 13 of the District of Columbia Official Code to provide that |
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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 |
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21 | | - | vulnerable youth. |
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22 | | - | |
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23 | | - | BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this |
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24 | | - | act may be cited as the “Vulnerable Youth Guardianship Protection Amendment Act of 2024”. |
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25 | | - | |
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26 | | - | Sec. 2. Section 13-336(b) of the District of Columbia Official Code is amended as |
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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 |
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31 | | - | place. |
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32 | | - | (c) A new paragraph (9) is added to read as follows: |
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33 | | - | “(9) actions for the appointment of a vulnerable youth guardian under Subchapter |
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34 | | - | VI of Chapter 23 of Title 16 of the District of Columbia Official Code.”. |
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35 | | - | |
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36 | | - | Sec. 3. Chapter 23 of Title 16 of the District of Columbia Official Code is amended as |
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37 | | - | follows: |
---|
38 | | - | (a) The table of contents is amended by adding the following at the end: |
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39 | | - | “Subchapter VI. Vulnerable Youth Guardian. |
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40 | | - | “§ 16-2399.01. Definitions. |
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41 | | - | “§ 16-2399.02. Guardianship petition. |
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42 | | - | “§ 16-2399.03. Parties. |
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43 | | - | “§ 16-2399.04. Timing and notice. |
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44 | | - | “§ 16-2399.05. Conduct of hearings. |
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45 | | - | “§ 16-2399.06. Adjudicatory hearings. |
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46 | | - | “§ 16-2399.07. Order appointing a guardian of a vulnerable youth. ENROLLED ORIGINAL |
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| 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 |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
---|
213 | | - | |
---|
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 |
---|
| 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 |
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| 190 | + | the youth reaches age 21. 140 |
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| 191 | + | “§ 16-2399.08 Effect of guardianship order. 141 |
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| 192 | + | “(a) Unless the court specifies other rights and responsibilities, the guardian shall have 142 |
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| 193 | + | the following rights and responsibilities concerning the vulnerable youth: 143 |
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| 194 | + | “(1) The guardian shall ensure that the legal rights of the vulnerable youth are not 144 |
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| 195 | + | violated; 145 |
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| 196 | + | “(2) The guardian shall provide care and support to the vulnerable youth to 146 |
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| 197 | + | promote the youth's stability and wellness; and 147 |
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| 198 | + | “(3) The guardianship will promote the physical, mental, and emotional health of 148 |
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| 199 | + | the vulnerable youth. 149 |
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| 200 | + | “(b) The guardian shall not be liable to third persons by reason of the relationship for acts 150 |
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| 201 | + | of the vulnerable youth. 151 |
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| 202 | + | “§ 16-2409. Additional available remedies. 152 |
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| 203 | + | “Nothing in this subchapter shall be construed to prevent: 153 ENGROSSED ORIGINAL |
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| 204 | + | |
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| 205 | + | |
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| 206 | + | |
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| 207 | + | 9 |
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| 208 | + | |
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| 209 | + | “(1) A proposed guardian or vulnerable youth from seeking any other remedy or 154 |
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| 210 | + | protections available under District law; or 155 |
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| 211 | + | “(2) The court from issuing judicial determinations similar to those in §16-156 |
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| 212 | + | 2399.07(b) in any other proceeding concerning a noncitizen under age 18.”. 157 |
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| 213 | + | Sec. 4. Fiscal impact statement. 158 |
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| 214 | + | The Council adopts the fiscal impact statement in the committee report as the fiscal 159 |
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| 215 | + | impact statement required by section 4a of the General Legislative Procedures Act of 1975, 160 |
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| 216 | + | approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 161 |
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| 217 | + | Sec. 5. Effective date. 162 |
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| 218 | + | This act shall take effect following approval by the Mayor (or in the event of veto by the 163 |
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| 219 | + | Mayor, action by the Council to override the veto), a 30-day period of congressional review as 164 |
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| 220 | + | provided in sections 602(c)(1) of the District of Columbia Home Rule Act, approved December 165 |
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| 221 | + | 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 166 |
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| 222 | + | Columbia Register. 167 |
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