District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0385 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENROLLED ORIGINAL
2		-
3		-
4		-
5	1		1
6		-	AN ACT
7		-
8		-	_________
9		-
10		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
11		-
12		-	__________________
13		-
14		-
15		-	To amend, on an emergency basis, Chapter 3 of Title 13 of the District of Columbia Official
16		-	Code to provide that publication may be substituted for personal service of process for
17		-	appointments of a vulnerable youth guardian in certain circumstances; and to amend
18		-	Chapter 23 of Title 16 of the District of Columbia Official Code to authorize the Family
19		-	Division of the Superior Court to appoint, modify, and terminate a new class of legal
20		-	guardianship for vulnerable youth.
21		-
22		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
23		-	act may be cited as the “Vulnerable Youth Guardianship Protection Emergency Amendment Act
24		-	of 2023”.
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		-
37		-	Sec. 3. Chapter 23 of Title 16 of the District of Columbia Official Code is amended as
38		-	follows:
39		-	(a) The table of contents is amended by adding the following at the end:
40		-	“Subchapter VI. Vulnerable Youth Guardian.
41		-	“§ 16-2399.01. Definitions.
42		-	“§ 16-2399.02. Guardianship petition.
43		-	“§ 16-2399.03. Parties.
44		-	“§ 16-2399.04. Timing and notice.
45		-	“§ 16-2399.05. Conduct of hearings.
46		-	“§ 16-2399.06. Adjudicatory hearings. ENROLLED ORIGINAL
47		-
48		-
49		-
50		-	2
51		-	“§ 16-2399.07. Order appointing a guardian of a vulnerable youth.
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		-	“For purposes of this subchapter, the term:
58		-	“(1) “Guardian” means a person designated by the court pursuant to this subchapter
59		-	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		-	“(2) “Noncitizen” means a person who is not a United States citizen.
64		-	“(3) “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		-	“(4) “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		-	“(5) “Vulnerable youth” means an unmarried noncitizen who is at least 18 but
72		-	younger than 21 years old.
73		-	“§ 16-2399.02. Guardianship petition.
74		-	“(a) A vulnerable youth or proposed guardian may file a petition with the Family Division
75		-	of the Superior Court to appoint a guardian under this subchapter. The petition shall name the
76		-	proposed guardian and describe why:
77		-	“(1) The appointment is in the best interests of the vulnerable youth;
78		-	“(2) Reunification of the vulnerable youth with one or both parents is not viable
79		-	due to abuse, neglect, abandonment, or a similar basis under District law; and
80		-	“(3) It is not in the best interests of the vulnerable youth to be returned to the
81		-	vulnerable youth’s or vulnerable youth’s previous parents’ country of nationality or country of last
82		-	habitual residence.
83		-	“(b) The court shall determine whether it is in the vulnerable youth’s best interests that a
84		-	guardian be appointed by considering the following factors:
85		-	“(1) The vulnerable youth’s need for continuity of care and caretakers, and for
86		-	timely integration into a stable home, taking into account the differences in the development and
87		-	the concept of time of youth of different ages and nationalities;
88		-	“(2) The physical, mental, and emotional health of all individuals involved to the
89		-	degree that each affects the welfare of the vulnerable youth, the decisive consideration in regard
90		-	to this factor being the physical, mental, and emotional needs of the vulnerable youth; ENROLLED ORIGINAL
91		-
92		-
93		-
	2	+	_____________________________ ______________________________ 1
	3	+	Councilmember Brianne K. Nadeau Councilmember Brooke Pinto 2
94	4		3
95		-	“(3) Access to stability, safety, supports or services to remedy the impacts of prior
96		-	abuse, abandonment, neglect, or a similar basis under District law;
97		-	“(4) The quality of the interaction and interrelationship of the vulnerable youth with
98		-	his or her parents, siblings, relatives, and caretakers, including the proposed guardian; and
99		-	“(5) The vulnerable youth’s opinion of their own best interest.
100		-	“§ 16-2399.03. Parties.
101		-	“Parties to a guardianship proceeding shall be the vulnerable youth, the proposed guardian,
102		-	and the vulnerable youth’s parents. The court may, at its discretion, on its own motion, or in
103		-	response to a motion for joinder or intervention, join additional parties to a guardianship
104		-	proceeding.
105		-	“§ 16-2399.04 Timing and notice.
106		-	“(a) When a petition for guardianship is filed, the court shall promptly set a time for an
107		-	adjudicatory hearing, as soon as administratively feasible, and shall cause notice thereof to be
108		-	given to all parties and their attorneys.
109		-	“(b) When it is appropriate to the proper disposition of the case, the court may direct the
110		-	service of a summons upon other persons.
111		-	“(c) If personal service under this section cannot be effected, then notice shall be made
112		-	constructively pursuant to rules of the Superior Court of the District of Columbia.
113		-	“16-2399.05. Conduct of the hearings.
114		-	“(a) All hearings and proceedings conducted pursuant to this subchapter shall be held by a
115		-	judge, without a jury.
116		-	“(b) All hearings and proceedings conducted pursuant to this subchapter shall be recorded
117		-	by appropriate means.
118		-	“16-2399.06. Adjudicatory hearings.
119		-	“(a) The court shall begin the adjudicatory hearing by determining whether all parties are
120		-	present and whether proper notice of the hearing has been given.
121		-	“(b) All parties have the right to present evidence and cross-examine witnesses.
122		-	“(c) The court shall hear evidence presented by the parties and the burden of proof shall
123		-	rest upon the proposed guardian or vulnerable youth.
124		-	“(d) Every party shall have the right to present evidence, to be heard on his or her own
125		-	behalf, and to cross-examine witnesses called by another party.
126		-	“(e) All evidence which is relevant, material, and competent to the issues before the court
127		-	shall be admitted.
128		-	“(f) Notwithstanding the provisions of §§ 14-306 and 14-307, neither the spouse or
129		-	domestic partner privilege nor the physician/client or mental health professional/client privilege
130		-	shall be a ground for excluding evidence in any proceeding brought under this subchapter.
131		-	“(g) The court may enter, modify, or terminate a guardianship order after considering all
132		-	of the evidence presented, and after making a determination based upon a preponderance of the
133		-	evidence that creation, modification, or termination of the guardianship order is in the vulnerable
134		-	youth’s best interests. If the court does not find that sufficient grounds exist to create, modify, or
135		-	terminate a guardianship order, the petition may be dismissed. ENROLLED ORIGINAL
136		-
137		-
138		-
139	5		4
140		-	“§ 16-2399.07. Order appointing a guardian of a vulnerable youth.
141		-	“(a) After consideration of all the relevant, material, and competent evidence, the court
142		-	shall issue an order establishing a guardianship if the court finds that the guardianship is in the
143		-	vulnerable youth’s best interests.
144		-	“(b) After the guardianship is established, upon request by the proposed guardian or the
145		-	vulnerable youth, the court shall, if the court finds that the allegations in the petition pursuant to
146		-	§16-2399.02(a) are supported by a preponderance of the evidence, enter a guardianship order
147		-	containing the following judicial determinations supported by relevant statutory citations and
148		-	findings of fact:
149		-	“(1) Where the identity is known, the specific identity of the parent or parents;
150		-	“(2) That the vulnerable youth is dependent on the court and has been placed under
151		-	the care and custody of an individual or entity appointed by the court through the appointment of
152		-	a guardian;
153		-	“(3) That reunification of the vulnerable youth with one or both parents is not viable
154		-	due to abuse, abandonment, neglect, or similar basis under District law; and
155		-	“(4) That it is not in the best interest of the vulnerable youth to be returned to the
156		-	vulnerable youth or vulnerable youth’s parents’ country of nationality or last habitual residence.
157		-	“(c) The court may, upon motion of a party, modify or terminate a guardianship order when
158		-	the modification or termination of the guardianship order is in the vulnerable youth’s best
159		-	interests.
160		-	“(d) The entry of a guardianship order under this subchapter shall not impinge on the
161		-	vulnerable youth’s fundamental rights to make their own medical, educational, financial, or other
162		-	such decisions.
163		-	“(e) A guardianship order entered under this subchapter shall automatically terminate when
164		-	the youth reaches age 21.
165		-	“§ 16-2399.08 Effect of guardianship order.
166		-	“(a) Unless the court specifies other rights and responsibilities, the guardian shall have
167		-	the following rights and responsibilities concerning the vulnerable youth:
168		-	“(1) The guardian shall ensure that the legal rights of the vulnerable youth are not
169		-	violated;
170		-	“(2) The guardian shall provide care and support to the vulnerable youth to
171		-	promote the youth's stability and wellness; and
172		-	“(3) The guardianship will promote the physical, mental, and emotional health of
173		-	the vulnerable youth.
174		-	“(b) The guardian is not liable to third persons by reason of the relationship for acts of the
175		-	vulnerable youth.
176		-	“§ 16-2409. Additional available remedies.
177		-	“Nothing in this subchapter shall be construed to prevent:
178		-	“(1) A proposed guardian or vulnerable youth from seeking any other remedy or
179		-	protections available under District law; or ENROLLED ORIGINAL
180		-
181		-
182		-
183	6		5
184		-	“(2) The court from issuing judicial determinations similar to those in §16-
185		-	2399.07(b) in any other proceeding concerning a noncitizen under age 18.”.
186		-
187		-	Sec. 4. Applicability.
188		-	This act shall apply as of September 1, 2023.
189		-
190		-	Sec. 5. Fiscal impact statement.
191		-	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
192		-	statement required by section 4a of the General Legislative Procedures Act of 1975, approved
193		-	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
194		-
195		-	Sec. 6. Effective date.
196		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
197		-	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than
198		-	90 days, as provided for emergency acts of the Council of the District of Columbia in section
199		-	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
200		-	D.C. Official Code § 1-204.12(a)).
201		-
202		-
203		-
204		-
205		-	______________________________
206		-	Chairman
207		-	Council of the District of Columbia
208		-
209		-
210		-
211		-
212		-	_________________________________
213		-	Mayor
214		-	District of Columbia
215		-
	7	+	6
	8	+	7
	9	+	A BILL 8
	10	+	9
	11	+	10
	12	+	_________ 11
	13	+	12
	14	+	13
	15	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 14
	16	+	15
	17	+	__________________ 16
	18	+	17
	19	+	18
	20	+	To amend, on an emergency basis, Chapter 3 of Title 13 of the District of Columbia Official 19
	21	+	Code, to include appointments of a vulnerable youth guardian under legal actions that 20
	22	+	may have published notice in substitution of personal service of process, and to amend 21
	23	+	Chapter 23 of Title 16 of the District of Columbia Official Code to authorize the Family 22
	24	+	Division of the Superior Court to appoint, modify, and terminate a new class of legal 23
	25	+	guardianship for vulnerable youth. 24
	26	+	25
	27	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 26
	28	+	act may be cited as the “Vulnerable Youth Guardianship Protection Emergency Amendment Act 27
	29	+	of 2023”. 28
	30	+	Sec. 2. Section 13-336(b) of the District of Columbia Official Code is amended as 29
	31	+	follows: 30
	32	+	(a) Paragraph (7) is amended by striking the phrase “; and” and inserting a semicolon in 31
	33	+	its place. 32
	34	+	(b) Paragraph (8) is amended by striking the period and inserting the phrase “; and” in its 33
	35	+	place. 34
	36	+	(c) A new paragraph (9) is added to read as follows: 35 2
	37	+	“(9) actions for the appointment of a vulnerable youth guardian under Subchapter 36
	38	+	VI of Chapter 23 of Title 16 of the District of Columbia Official Code.”. 37
	39	+	38
	40	+	39
	41	+	Sec. 3. Chapter 23 of Title 16 of the District of Columbia Official Code is amended as 40
	42	+	follows: 41
	43	+	(a) The table of contents is amended by adding a new designation for Subchapter VI to 42
	44	+	read as follows: 43
	45	+	“Subchapter VI. Vulnerable Youth Guardian. 44
	46	+	“§ 16-2399.01. Definitions. 45
	47	+	“§ 16-2399.02. Guardianship petition. 46
	48	+	“§ 16-2399.03. Parties. 47
	49	+	“§ 16-2399.04. Timing and notice. 48
	50	+	“§ 16-2399.05. Conduct of hearings. 49
	51	+	“§ 16-2399.06. Adjudicatory hearings. 50
	52	+	“§ 16-2399.07. Order appointing a guardian of a vulnerable youth. 51
	53	+	“§ 16-2399.08. Effect of guardianship order 52
	54	+	“§ 16-2399.09. Additional available remedies.”. 53
	55	+	(b) A new Subchapter VI is added to read as follows: 54
	56	+	“Subchapter VI. Vulnerable Youth Guardian. 55
	57	+	“§ 16-2399.01. Definitions. 56
	58	+	“For purposes of this subchapter, the term: 57
	59	+	“(1) “Guardian” means a person designated by the court pursuant to this subchapter 58
	60	+	as the guardian of a vulnerable youth. 59 3
	61	+	(2) “Guardianship order” means the court document that establishes legal 60
	62	+	guardianship and enumerates the guardian’s rights and responsibilities concerning the care and 61
	63	+	custody of the vulnerable youth. 62
	64	+	“(2) “Noncitizen” means a person who is not a United States citizen. 63
	65	+	“(3) “Proposed guardian” means a person seeking to be appointed guardian of a 64
	66	+	vulnerable youth. The term “proposed guardian” includes a business or nonprofit entity, public 65
	67	+	corporation, government or governmental subdivision, agency, or instrumentality, or other legal 66
	68	+	entity whether or not a citizen or domiciliary of the District of Columbia and whether or not 67
	69	+	organized under the laws of the District of Columbia. 68
	70	+	“(4) “Similar basis” means conditions that have an effect on a vulnerable youth 69
	71	+	comparable to abuse, neglect, or abandonment, including the death of a parent. 70
	72	+	“(5) “Vulnerable youth” means an unmarried noncitizen who is at least 18 but 71
	73	+	younger than 21 years old. 72
	74	+	“§ 16-2399.02. Guardianship petition. 73
	75	+	“(a) A vulnerable youth or proposed guardian may file a petition with the Family Court to 74
	76	+	appoint a guardian under this subchapter. The petition shall name the proposed guardian and 75
	77	+	describe why: 76
	78	+	“(1) The appointment is in the best interests of the vulnerable youth; 77
	79	+	“(2) Reunification of the vulnerable youth with one or both parents is not viable 78
	80	+	due to abuse, neglect, abandonment, or a similar basis under District law; and 79
	81	+	“(3) It is not in the best interests of the vulnerable youth to be returned to the 80
	82	+	vulnerable youth’s or vulnerable youth’s previous parents’ country of nationality or country of last 81
	83	+	habitual residence. 82 4
	84	+	“(b) The court shall determine whether it is in the vulnerable youth’s best interests that a 83
	85	+	guardian be appointed by considering the following factors: 84
	86	+	“(1) The vulnerable youth’s need for continuity of care and caretakers, and for 85
	87	+	timely integration into a stable home, taking into account the differences in the development and 86
	88	+	the concept of time of youth of different ages and nationalities; 87
	89	+	“(2) The physical, mental, and emotional health of all individuals involved to the 88
	90	+	degree that each affects the welfare of the vulnerable youth, the decisive consideration in regard 89
	91	+	to this factor being the physical, mental, and emotional needs of the vulnerable youth; 90
	92	+	“(3) Access to stability, safety, supports or services to remedy the impacts of prior 91
	93	+	abuse, abandonment, neglect, or a similar basis under District law; 92
	94	+	“(4) The quality of the interaction and interrelationship of the vulnerable youth with 93
	95	+	his or her parents, siblings, relatives, and caretakers, including the proposed guardian; and 94
	96	+	“(5) The vulnerable youth’s opinion of their own best interest. 95
	97	+	“§ 16-2399.03. Parties. 96
	98	+	“Parties to a guardianship proceeding shall be the vulnerable youth, the proposed guardian, 97
	99	+	and the vulnerable youth’s parents. The court may, at its discretion, on its own motion, or in 98
	100	+	response to a motion for joinder or intervention, join additional parties to a guardianship 99
	101	+	proceeding. 100
	102	+	“§ 16-2399.04 Timing and notice. 101
	103	+	“(a) When a petition for guardianship is filed, the court shall promptly set a time for an 102
	104	+	adjudicatory hearing, as soon as administratively feasible, and shall cause notice thereof to be 103
	105	+	given to all parties and their attorneys. 104 5
	106	+	“(b) When it is appropriate to the proper disposition of the case, the court may direct the 105
	107	+	service of a summons upon other persons. 106
	108	+	“(c) If personal service under this section cannot be effected, then notice shall be made 107
	109	+	constructively pursuant to rules of the Superior Court of the District of Columbia. 108
	110	+	“16-2399.05. Conduct of the hearings. 109
	111	+	“(a) All hearings and proceedings conducted pursuant to this subchapter shall be held by a 110
	112	+	judge, without a jury. 111
	113	+	“(b) All hearings and proceedings conducted pursuant to this subchapter shall be recorded 112
	114	+	by appropriate means. 113
	115	+	“16-2399.06. Adjudicatory hearings. 114
	116	+	“(a) The court shall begin the adjudicatory hearing by determining whether all parties are 115
	117	+	present and whether proper notice of the hearing has been given. 116
	118	+	“(b) All parties have the right to present evidence and cross-examine witnesses. 117
	119	+	“(c) The court shall hear evidence presented by the parties and the burden of proof shall 118
	120	+	rest upon the proposed guardian or vulnerable youth. 119
	121	+	“(d) Every party shall have the right to present evidence, to be heard on his or her own 120
	122	+	behalf, and to cross-examine witnesses called by another party. 121
	123	+	“(e) All evidence which is relevant, material, and competent to the issues before the court 122
	124	+	shall be admitted. 123
	125	+	“(f) Notwithstanding the provisions of §§ 14-306 and 14-307, neither the spouse or 124
	126	+	domestic partner privilege nor the physician/client or mental health professional/client privilege 125
	127	+	shall be a ground for excluding evidence in any proceeding brought under this subchapter. 126 6
	128	+	“(g) The court may enter, modify, or terminate a guardianship order after considering all 127
	129	+	of the evidence presented, and after making a determination based upon a preponderance of the 128
	130	+	evidence that creation, modification, or termination of the guardianship order is in the vulnerable 129
	131	+	youth’s best interests. If the court does not find that sufficient grounds exist to create, modify, or 130
	132	+	terminate a guardianship order, the petition may be dismissed. 131
	133	+	“§ 16-2399.07. Order appointing a guardian of a vulnerable youth. 132
	134	+	“(a) After consideration of all the relevant, material, and competent evidence, the court 133
	135	+	shall issue an order establishing a guardianship if the court finds that the guardianship is in the 134
	136	+	vulnerable youth’s best interests. 135
	137	+	“(b) After the guardianship is established, upon request by the proposed guardian or the 136
	138	+	vulnerable youth, the court shall, if the court finds that the allegations in the petition pursuant to 137
	139	+	§16-2399.02(a) are supported by a preponderance of the evidence, enter a guardianship order 138
	140	+	containing the following judicial determinations supported by relevant statutory citations and 139
	141	+	findings of fact: 140
	142	+	“(1) Where the identity is known, the specific identity of the parent or parents; 141
	143	+	“(2) That the vulnerable youth is dependent on the court and has been placed under 142
	144	+	the care and custody of an individual or entity appointed by the court through the appointment of 143
	145	+	a guardian; 144
	146	+	“(3) That reunification of the vulnerable youth with one or both parents is not viable 145
	147	+	due to abuse, abandonment, neglect or similar basis under District law; and 146
	148	+	“(4) That it is not in the best interest of the vulnerable youth to be returned to the 147
	149	+	vulnerable youth or vulnerable youth’s parents’ country of nationality or last habitual residence. 148 7
	150	+	“(c) The court may, upon motion of a party, modify or terminate a guardianship order when 149
	151	+	the modification or termination of the guardianship order is in the vulnerable youth’s best 150
	152	+	interests. 151
	153	+	“(d) The entry of a guardianship order under this subchapter shall not impinge on the 152
	154	+	vulnerable youth’s fundamental rights to make their own medical, educational, financial, or other 153
	155	+	such decisions. 154
	156	+	“(e) A guardianship order entered under this subchapter shall automatically terminate when 155
	157	+	the youth reaches age 21. 156
	158	+	“§ 16-2399.08 Effect of guardianship order. 157
	159	+	“(a) Unless the court specifies other rights and responsibilities, the guardian shall have 158
	160	+	the following rights and responsibilities concerning the vulnerable youth: 159
	161	+	“(1) The guardian shall ensure that the legal rights of the vulnerable youth are not 160
	162	+	violated; 161
	163	+	“(2) The guardian shall provide care and support to the vulnerable youth to 162
	164	+	promote the youth's stability and wellness; and 163
	165	+	“(3) The guardianship will promote the physical, mental, and emotional health of 164
	166	+	the vulnerable youth. 165
	167	+	“(b) The guardian is not liable to third persons by reason of the relationship for acts of the 166
	168	+	vulnerable youth. 167
	169	+	“§ 16-2409. Additional available remedies. 168
	170	+	“Nothing in this subchapter shall be construed to prevent: 169
	171	+	“(1) A proposed guardian or vulnerable youth from seeking any other remedy or 170
	172	+	protections available under District law; or 171 8
	173	+	“(2) The court from issuing judicial determinations similar to those in §16-172
	174	+	2399.07(b) in any other proceeding concerning a noncitizen under age 18.”. 173
	175	+	Sec. 4. Applicability. 174
	176	+	This act shall apply as of September 1, 2023. 175
	177	+	Sec. 5 Fiscal impact statement. 176
	178	+	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 177
	179	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 178
	180	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 179
	181	+	Sec. 6. Effective date. 180
	182	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 181
	183	+	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 182
	184	+	90 days, as provided for emergency acts of the Council of the District of Columbia in section 183
	185	+	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 184
	186	+	D.C. Official Code § 1-204.12(a)). 185