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_________________________________ ______________________________ 1
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 12
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To amend, on a temporary basis, Chapter 3 of Title 13 of the District of Columbia Official Code, 17
to include appointments of a vulnerable youth guardian under legal actions that may have 18
published notice in substitution of personal service of process, and to amend Chapter 23 19
of Title 16 of the District of Columbia Official Code to authorize the Family Division of 20
the Superior Court to appoint, modify, and terminate a new class of legal guardianship for 21
vulnerable youth. 22
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 24
act may be cited as the “Vulnerable Youth Guardianship Protection Temporary Amendment Act 25
of 2023”. 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
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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 a new designation for Subchapter VI to 40
read as follows: 41
“Subchapter VI. Vulnerable Youth Guardian. 42
Ҥ 16-2399.01. Definitions. 43
Ҥ 16-2399.02. Guardianship petition. 44
Ҥ 16-2399.03. Parties. 45
Ҥ 16-2399.04. Timing and notice. 46
Ҥ 16-2399.05. Conduct of hearings. 47
Ҥ 16-2399.06. Adjudicatory hearings. 48
Ҥ 16-2399.07. Order appointing a guardian of a vulnerable youth. 49
Ҥ 16-2399.08. Effect of guardianship order 50
“§ 16-2399.09. Additional available remedies.”. 51
(b) A new Subchapter VI is added to read as follows: 52
“Subchapter VI. Vulnerable Youth Guardian. 53
Ҥ 16-2399.01. Definitions. 54
“For purposes of this subchapter, the term: 55
“(1) “Guardian” means a person designated by the court pursuant to this subchapter 56
as the guardian of a vulnerable youth. 57
(2) “Guardianship order” means the court document that establishes legal 58
guardianship and enumerates the guardian’s rights and responsibilities concerning the care and 59
custody of the vulnerable youth. 60
“(2) “Noncitizen” means a person who is not a United States citizen. 61
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“(3) “Proposed guardian” means a person seeking to be appointed guardian of a 62
vulnerable youth. The term “proposed guardian” includes a business or nonprofit entity, public 63
corporation, government or governmental subdivision, agency, or instrumentality, or other legal 64
entity whether or not a citizen or domiciliary of the District of Columbia and whether or not 65
organized under the laws of the District of Columbia. 66
“(4) “Similar basis” means conditions that have an effect on a vulnerable youth 67
comparable to abuse, neglect, or abandonment, including the death of a parent. 68
“(5) “Vulnerable youth” means an unmarried noncitizen who is at least 18 but 69
younger than 21 years old. 70
Ҥ 16-2399.02. Guardianship petition. 71
“(a) A vulnerable youth or proposed guardian may file a petition with the Family Court to 72
appoint a guardian under this subchapter. The petition shall name the proposed guardian and 73
describe why: 74
“(1) The appointment is in the best interests of the vulnerable youth; 75
“(2) Reunification of the vulnerable youth with one or both parents is not viable 76
due to abuse, neglect, abandonment, or a similar basis under District law; and 77
“(3) It is not in the best interests of the vulnerable youth to be returned to the 78
vulnerable youth’s or vulnerable youth’s previous parents’ country of nationality or country of last 79
habitual residence. 80
“(b) The court shall determine whether it is in the vulnerable youth’s best interests that a 81
guardian be appointed by considering the following factors: 82
“(1) The vulnerable youth’s need for continuity of care and caretakers, and for 83
timely integration into a stable home, taking into account the differences in the development and 84
the concept of time of youth of different ages and nationalities; 85
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“(2) The physical, mental, and emotional health of all individuals involved to the 86
degree that each affects the welfare of the vulnerable youth, the decisive consideration in regard 87
to this factor being the physical, mental, and emotional needs of the vulnerable youth; 88
“(3) Access to stability, safety, supports or services to remedy the impacts of prior 89
abuse, abandonment, neglect, or a similar basis under District law; 90
“(4) The quality of the interaction and interrelationship of the vulnerable youth with 91
his or her parents, siblings, relatives, and caretakers, including the proposed guardian; and 92
“(5) The vulnerable youth’s opinion of their own best interest. 93
Ҥ 16-2399.03. Parties. 94
“Parties to a guardianship proceeding shall be the vulnerable youth, the proposed guardian, 95
and the vulnerable youth’s parents. The court may, at its discretion, on its own motion, or in 96
response to a motion for joinder or intervention, join additional parties to a guardianship 97
proceeding. 98
Ҥ 16-2399.04 Timing and notice. 99
“(a) When a petition for guardianship is filed, the court shall promptly set a time for an 100
adjudicatory hearing, as soon as administratively possible, shall cause notice thereof to be given 101
to all parties and their attorneys. 102
“(b) When it is appropriate to the proper disposition of the case, the court may direct the 103
service of a summons upon other persons. 104
“(c) If personal service under this section cannot be effected, then notice shall be made 105
constructively pursuant to rules of the Superior Court of the District of Columbia. 106
“16-2399.05. Conduct of the hearings. 107
“(a) All hearings and proceedings conducted pursuant to this subchapter shall be held by a 108
judge, without a jury. 109
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“(b) All hearings and proceedings conducted pursuant to this subchapter shall be recorded 110
by appropriate means. 111
“16-2399.06. Adjudicatory hearings. 112
“(a) The court shall begin the adjudicatory hearing by determining whether all parties are 113
present and whether proper notice of the hearing has been given. 114
“(b) All parties have the right to present evidence and cross-examine witnesses. 115
“(c) The court shall hear evidence presented by the proposed guardian or vulnerable youth 116
and the burden of proof shall rest upon the proposed guardian or vulnerable youth. 117
“(d) Every party shall have the right to present evidence, to be heard on his or her own 118
behalf, and to cross-examine witnesses called by another party. 119
“(e) All evidence which is relevant, material, and competent to the issues before the court 120
shall be admitted. 121
“(f) Notwithstanding the provisions of §§ 14-306 and 14-307, neither the spouse or 122
domestic partner privilege nor the physician/client or mental health professional/client privilege 123
shall be a ground for excluding evidence in any proceeding brought under this subchapter. 124
“(g) The court may enter, modify, or terminate a guardianship order after considering all 125
of the evidence presented, and after making a determination based upon a preponderance of the 126
evidence that creation, modification, or termination of the guardianship order is in the vulnerable 127
youth’s best interests. If the court does not find that sufficient grounds exist to create, modify, or 128
terminate a guardianship order, the petition may be dismissed. 129
Ҥ 16-2399.07. Order appointing a guardian of a vulnerable youth. 130
“(a) After consideration of all the relevant, material, and competent evidence, the court 131
shall issue an order establishing a guardianship if the court finds that the guardianship is in the 132
vulnerable youth’s best interests. 133
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“(b) After the guardianship is established, upon request by the proposed guardian or the 134
vulnerable youth, the court shall, if the court finds that the allegations in the petition pursuant to 135
§16-2399.02(a) are supported by a preponderance of the evidence, enter a guardianship order 136
containing the following judicial determinations supported by relevant statutory citations and 137
findings of fact: 138
“(1) Where the identity is known, the specific identity of the parent or parents; 139
“(2) That the vulnerable youth is dependent on the court and has been placed under 140
the care and custody of an individual or entity appointed by the court through the appointment of 141
a guardian; 142
“(3) That reunification of the vulnerable youth with one or both parents is not viable 143
due to abuse, abandonment, neglect or similar basis under District law; and 144
“(4) That it is not in the best interest of the vulnerable youth to be returned to the 145
vulnerable youth or vulnerable youth’s parents’ country of nationality or last habitual residence. 146
“(c) The court may, upon motion of a party, modify or terminate a guardianship order when 147
the modification or termination of the guardianship order is in the vulnerable youth’s best 148
interests. 149
“(d) The entry of a guardianship order under this subchapter shall not impinge on the 150
vulnerable youth’s fundamental rights to make their own medical, educational, financial, or other 151
such decisions. 152
“(e) A guardianship order entered under this subchapter shall automatically terminate when 153
the youth reaches age 21. 154
Ҥ 16-2399.08 Effect of guardianship order 155
“(a) Unless the court specifies other rights and responsibilities, the guardian shall have 156
the following rights and responsibilities concerning the vulnerable youth: 157
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“(1) The guardian shall ensure that the legal rights of the vulnerable youth are not 158
violated; 159
“(2) The guardian shall provide care and support to the vulnerable youth to 160
promote the youth's stability and wellness; and 161
“(3) The guardianship will promote the physical, mental, and emotional health of 162
the vulnerable youth. 163
“(b) The guardian is not liable to third persons by reason of the relationship for acts of the 164
vulnerable youth. 165
Ҥ 16-2409. Additional available remedies. 166
“Nothing in this subchapter shall be construed to prevent: 167
“(1) A proposed guardian or vulnerable youth from seeking any other remedy or 168
protections available under District law; or 169
“(2) The court from issuing judicial determinations similar to those in §16-170
2399.07(b) in any other proceeding concerning a noncitizen under age 18.”. 171
Sec. 4. Fiscal impact statement. 172
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 173
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 174
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 175
Sec. 5. Effective date. 176
(a) This act shall take effect following approval by the Mayor (or in the event of veto by 177
the Mayor, action by the Council to override the veto), a 30-day period of Congressional review 178
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 179
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 180
Columbia Register. 181
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(b) This act shall expire after 225 days of its having taken effect. 182