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Councilmember Brianne K. Nadeau Councilmember Brooke Pinto 2
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A BILL 8
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 14
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To amend, on an emergency basis, Chapter 3 of Title 13 of the District of Columbia Official 19
Code, to include appointments of a vulnerable youth guardian under legal actions that 20
may have published notice in substitution of personal service of process, and to amend 21
Chapter 23 of Title 16 of the District of Columbia Official Code to authorize the Family 22
Division of the Superior Court to appoint, modify, and terminate a new class of legal 23
guardianship for vulnerable youth. 24
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 26
act may be cited as the “Vulnerable Youth Guardianship Protection Emergency Amendment Act 27
of 2023”. 28
Sec. 2. Section 13-336(b) of the District of Columbia Official Code is amended as 29
follows: 30
(a) Paragraph (7) is amended by striking the phrase “; and” and inserting a semicolon in 31
its place. 32
(b) Paragraph (8) is amended by striking the period and inserting the phrase “; and” in its 33
place. 34
(c) A new paragraph (9) is added to read as follows: 35 2
“(9) actions for the appointment of a vulnerable youth guardian under Subchapter 36
VI of Chapter 23 of Title 16 of the District of Columbia Official Code.”. 37
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Sec. 3. Chapter 23 of Title 16 of the District of Columbia Official Code is amended as 40
follows: 41
(a) The table of contents is amended by adding a new designation for Subchapter VI to 42
read as follows: 43
“Subchapter VI. Vulnerable Youth Guardian. 44
Ҥ 16-2399.01. Definitions. 45
Ҥ 16-2399.02. Guardianship petition. 46
Ҥ 16-2399.03. Parties. 47
Ҥ 16-2399.04. Timing and notice. 48
Ҥ 16-2399.05. Conduct of hearings. 49
Ҥ 16-2399.06. Adjudicatory hearings. 50
Ҥ 16-2399.07. Order appointing a guardian of a vulnerable youth. 51
Ҥ 16-2399.08. Effect of guardianship order 52
“§ 16-2399.09. Additional available remedies.”. 53
(b) A new Subchapter VI is added to read as follows: 54
“Subchapter VI. Vulnerable Youth Guardian. 55
Ҥ 16-2399.01. Definitions. 56
“For purposes of this subchapter, the term: 57
“(1) “Guardian” means a person designated by the court pursuant to this subchapter 58
as the guardian of a vulnerable youth. 59 3
(2) “Guardianship order” means the court document that establishes legal 60
guardianship and enumerates the guardian’s rights and responsibilities concerning the care and 61
custody of the vulnerable youth. 62
“(2) “Noncitizen” means a person who is not a United States citizen. 63
“(3) “Proposed guardian” means a person seeking to be appointed guardian of a 64
vulnerable youth. The term “proposed guardian” includes a business or nonprofit entity, public 65
corporation, government or governmental subdivision, agency, or instrumentality, or other legal 66
entity whether or not a citizen or domiciliary of the District of Columbia and whether or not 67
organized under the laws of the District of Columbia. 68
“(4) “Similar basis” means conditions that have an effect on a vulnerable youth 69
comparable to abuse, neglect, or abandonment, including the death of a parent. 70
“(5) “Vulnerable youth” means an unmarried noncitizen who is at least 18 but 71
younger than 21 years old. 72
Ҥ 16-2399.02. Guardianship petition. 73
“(a) A vulnerable youth or proposed guardian may file a petition with the Family Court to 74
appoint a guardian under this subchapter. The petition shall name the proposed guardian and 75
describe why: 76
“(1) The appointment is in the best interests of the vulnerable youth; 77
“(2) Reunification of the vulnerable youth with one or both parents is not viable 78
due to abuse, neglect, abandonment, or a similar basis under District law; and 79
“(3) It is not in the best interests of the vulnerable youth to be returned to the 80
vulnerable youth’s or vulnerable youth’s previous parents’ country of nationality or country of last 81
habitual residence. 82 4
“(b) The court shall determine whether it is in the vulnerable youth’s best interests that a 83
guardian be appointed by considering the following factors: 84
“(1) The vulnerable youth’s need for continuity of care and caretakers, and for 85
timely integration into a stable home, taking into account the differences in the development and 86
the concept of time of youth of different ages and nationalities; 87
“(2) The physical, mental, and emotional health of all individuals involved to the 88
degree that each affects the welfare of the vulnerable youth, the decisive consideration in regard 89
to this factor being the physical, mental, and emotional needs of the vulnerable youth; 90
“(3) Access to stability, safety, supports or services to remedy the impacts of prior 91
abuse, abandonment, neglect, or a similar basis under District law; 92
“(4) The quality of the interaction and interrelationship of the vulnerable youth with 93
his or her parents, siblings, relatives, and caretakers, including the proposed guardian; and 94
“(5) The vulnerable youth’s opinion of their own best interest. 95
Ҥ 16-2399.03. Parties. 96
“Parties to a guardianship proceeding shall be the vulnerable youth, the proposed guardian, 97
and the vulnerable youth’s parents. The court may, at its discretion, on its own motion, or in 98
response to a motion for joinder or intervention, join additional parties to a guardianship 99
proceeding. 100
Ҥ 16-2399.04 Timing and notice. 101
“(a) When a petition for guardianship is filed, the court shall promptly set a time for an 102
adjudicatory hearing, as soon as administratively feasible, and shall cause notice thereof to be 103
given to all parties and their attorneys. 104 5
“(b) When it is appropriate to the proper disposition of the case, the court may direct the 105
service of a summons upon other persons. 106
“(c) If personal service under this section cannot be effected, then notice shall be made 107
constructively pursuant to rules of the Superior Court of the District of Columbia. 108
“16-2399.05. Conduct of the hearings. 109
“(a) All hearings and proceedings conducted pursuant to this subchapter shall be held by a 110
judge, without a jury. 111
“(b) All hearings and proceedings conducted pursuant to this subchapter shall be recorded 112
by appropriate means. 113
“16-2399.06. Adjudicatory hearings. 114
“(a) The court shall begin the adjudicatory hearing by determining whether all parties are 115
present and whether proper notice of the hearing has been given. 116
“(b) All parties have the right to present evidence and cross-examine witnesses. 117
“(c) The court shall hear evidence presented by the parties and the burden of proof shall 118
rest upon the proposed guardian or vulnerable youth. 119
“(d) Every party shall have the right to present evidence, to be heard on his or her own 120
behalf, and to cross-examine witnesses called by another party. 121
“(e) All evidence which is relevant, material, and competent to the issues before the court 122
shall be admitted. 123
“(f) Notwithstanding the provisions of §§ 14-306 and 14-307, neither the spouse or 124
domestic partner privilege nor the physician/client or mental health professional/client privilege 125
shall be a ground for excluding evidence in any proceeding brought under this subchapter. 126 6
“(g) The court may enter, modify, or terminate a guardianship order after considering all 127
of the evidence presented, and after making a determination based upon a preponderance of the 128
evidence that creation, modification, or termination of the guardianship order is in the vulnerable 129
youth’s best interests. If the court does not find that sufficient grounds exist to create, modify, or 130
terminate a guardianship order, the petition may be dismissed. 131
Ҥ 16-2399.07. Order appointing a guardian of a vulnerable youth. 132
“(a) After consideration of all the relevant, material, and competent evidence, the court 133
shall issue an order establishing a guardianship if the court finds that the guardianship is in the 134
vulnerable youth’s best interests. 135
“(b) After the guardianship is established, upon request by the proposed guardian or the 136
vulnerable youth, the court shall, if the court finds that the allegations in the petition pursuant to 137
§16-2399.02(a) are supported by a preponderance of the evidence, enter a guardianship order 138
containing the following judicial determinations supported by relevant statutory citations and 139
findings of fact: 140
“(1) Where the identity is known, the specific identity of the parent or parents; 141
“(2) That the vulnerable youth is dependent on the court and has been placed under 142
the care and custody of an individual or entity appointed by the court through the appointment of 143
a guardian; 144
“(3) That reunification of the vulnerable youth with one or both parents is not viable 145
due to abuse, abandonment, neglect or similar basis under District law; and 146
“(4) That it is not in the best interest of the vulnerable youth to be returned to the 147
vulnerable youth or vulnerable youth’s parents’ country of nationality or last habitual residence. 148 7
“(c) The court may, upon motion of a party, modify or terminate a guardianship order when 149
the modification or termination of the guardianship order is in the vulnerable youth’s best 150
interests. 151
“(d) The entry of a guardianship order under this subchapter shall not impinge on the 152
vulnerable youth’s fundamental rights to make their own medical, educational, financial, or other 153
such decisions. 154
“(e) A guardianship order entered under this subchapter shall automatically terminate when 155
the youth reaches age 21. 156
Ҥ 16-2399.08 Effect of guardianship order. 157
“(a) Unless the court specifies other rights and responsibilities, the guardian shall have 158
the following rights and responsibilities concerning the vulnerable youth: 159
“(1) The guardian shall ensure that the legal rights of the vulnerable youth are not 160
violated; 161
“(2) The guardian shall provide care and support to the vulnerable youth to 162
promote the youth's stability and wellness; and 163
“(3) The guardianship will promote the physical, mental, and emotional health of 164
the vulnerable youth. 165
“(b) The guardian is not liable to third persons by reason of the relationship for acts of the 166
vulnerable youth. 167
Ҥ 16-2409. Additional available remedies. 168
“Nothing in this subchapter shall be construed to prevent: 169
“(1) A proposed guardian or vulnerable youth from seeking any other remedy or 170
protections available under District law; or 171 8
“(2) The court from issuing judicial determinations similar to those in §16-172
2399.07(b) in any other proceeding concerning a noncitizen under age 18.”. 173
Sec. 4. Applicability. 174
This act shall apply as of September 1, 2023. 175
Sec. 5 Fiscal impact statement. 176
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 177
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 178
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 179
Sec. 6. Effective date. 180
This act shall take effect following approval by the Mayor (or in the event of veto by the 181
Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 182
90 days, as provided for emergency acts of the Council of the District of Columbia in section 183
412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 184
D.C. Official Code § 1-204.12(a)). 185