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A BILL 1
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25-386 3
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
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To amend, on a temporary basis, Chapter 3 of Title 13 of the District of Columbia Official Code, 10
to include appointments of a vulnerable youth guardian under legal actions that may have 11
published notice in substitution of personal service of process, and to amend Chapter 23 12
of Title 16 of the District of Columbia Official Code to authorize the Family Division of 13
the Superior Court to appoint, modify, and terminate a new class of legal guardianship for 14
vulnerable youth. 15
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That t his 17
act may be cited as the “Vulnerable Youth Guardianship Protection Temporary Amendment Act 18
of 2023”. 19
Sec. 2. Section 13-336(b) of the District of Columbia Official Code is amended as 20
follows: 21
(a) Paragraph (7) is amended by striking the phrase “; and” and inserting a semicolon in 22
its place. 23
(b) Paragraph (8) is amended by striking the period and inserting the phrase “; and” in its 24
place. 25
(c) A new paragraph (9) is added to read as follows: 26 ENGROSSED ORIGINAL
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“(9) actions for the appointment of a vulnerable youth guardian under Subchapter 27
VI of Chapter 23 of Title 16 of the District of Columbia Official Code.”. 28
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Sec. 3. Chapter 23 of Title 16 of the District of Columbia Official Code is amended as 31
follows: 32
(a) The table of contents is amended by adding a new designation for Subchapter VI to 33
read as follows: 34
“Subchapter VI. Vulnerable Youth Guardian. 35
Ҥ 16-2399.01. Definitions. 36
Ҥ 16-2399.02. Guardianship petition. 37
Ҥ 16-2399.03. Parties. 38
Ҥ 16-2399.04. Timing and notice. 39
Ҥ 16-2399.05. Conduct of hearings. 40
Ҥ 16-2399.06. Adjudicatory hearings. 41
Ҥ 16-2399.07. Order appointing a guardian of a vulnerable youth. 42
Ҥ 16-2399.08. Effect of guardianship order 43
“§ 16-2399.09. Additional available remedies.”. 44
(b) A new Subchapter VI is added to read as follows: 45
“Subchapter VI. Vulnerable Youth Guardian. 46 ENGROSSED ORIGINAL
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Ҥ 16-2399.01. Definitions. 47
“For purposes of this subchapter, the term: 48
“(1) “Guardian” means a person designated by the court pursuant to this subchapter 49
as the guardian of a vulnerable youth. 50
(2) “Guardianship order” means the court document that establishes legal 51
guardianship and enumerates the guardian’s rights and responsibilities concerning the care and 52
custody of the vulnerable youth. 53
“(2) “Noncitizen” means a person who is not a United States citizen. 54
“(3) “Proposed guardian” means a person seeking to be appointed guardian of a 55
vulnerable youth. The term “proposed guardian” includes a business or nonprofit entity, public 56
corporation, government or governmental subdivision, agency, or instrumentality, or other legal 57
entity whether or not a citizen or domiciliary of the District of Columbia and whether or not 58
organized under the laws of the District of Columbia. 59
“(4) “Similar basis” means conditions that have an effect on a vulnerable youth 60
comparable to abuse, neglect, or abandonment, including the death of a parent. 61
“(5) “Vulnerable youth” means an unmarried noncitizen who is at least 18 but 62
younger than 21 years old. 63
Ҥ 16-2399.02. Guardianship petition. 64 ENGROSSED ORIGINAL
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“(a) A vulnerable youth or proposed guardian may file a petition with the Family Court to 65
appoint a guardian under this subchapter. The petition shall name the proposed guardian and 66
describe why: 67
“(1) The appointment is in the best interests of the vulnerable youth; 68
“(2) Reunification of the vulnerable youth with one or both parents is not viable 69
due to abuse, neglect, abandonment, or a similar basis under District law; and 70
“(3) It is not in the best interests of the vulnerable youth to be returned to the 71
vulnerable youth’s or vulnerable youth’s previous parents’ country of nationality or country of last 72
habitual residence. 73
“(b) The court shall determine whether it is in the vulnerable youth’s best interests that a 74
guardian be appointed by considering the following factors: 75
“(1) The vulnerable youth’s need for continuity of care and caretakers, and for 76
timely integration into a stable home, taking into account the differences in the development and 77
the concept of time of youth of different ages and nationalities; 78
“(2) The physical, mental, and emotional health of all individuals involved to the 79
degree that each affects the welfare of the vulnerable youth, the decisive consideration in regard 80
to this factor being the physical, mental, and emotional needs of the vulnerable youth; 81
“(3) Access to stability, safety, supports or services to remedy the impacts of prior 82
abuse, abandonment, neglect, or a similar basis under District law; 83 ENGROSSED ORIGINAL
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“(4) The quality of the interaction and interrelationship of the vulnerable youth with 84
his or her parents, siblings, relatives, and caretakers, including the proposed guardian; and 85
“(5) The vulnerable youth’s opinion of their own best interest. 86
Ҥ 16-2399.03. Parties. 87
“Parties to a guardianship proceeding shall be the vulnerable youth, the proposed guardian, 88
and the vulnerable youth’s parents. The court may, at its discretion, on its own motion, or in 89
response to a motion for joinder or intervention, join additional parties to a guardianship 90
proceeding. 91
Ҥ 16-2399.04 Timing and notice. 92
“(a) When a petition for guardianship is filed, the court shall promptly set a time for an 93
adjudicatory hearing, as soon as administratively possible, shall cause notice thereof to be given 94
to all parties and their attorneys. 95
“(b) When it is appropriate to the proper disposition of the case, the court may direct the 96
service of a summons upon other persons. 97
“(c) If personal service under this section cannot be effected, then notice shall be made 98
constructively pursuant to rules of the Superior Court of the District of Columbia. 99
“16-2399.05. Conduct of the hearings. 100
“(a) All hearings and proceedings conducted pursuant to this subchapter shall be held by a 101
judge, without a jury. 102 ENGROSSED ORIGINAL
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“(b) All hearings and proceedings conducted pursuant to this subchapter shall be recorded 103
by appropriate means. 104
“16-2399.06. Adjudicatory hearings. 105
“(a) The court shall begin the adjudicatory hearing by determining whether all parties are 106
present and whether proper notice of the hearing has been given. 107
“(b) All parties have the right to present evidence and cross-examine witnesses. 108
“(c) The court shall hear evidence presented by the proposed guardian or vulnerable youth 109
and the burden of proof shall rest upon the proposed guardian or vulnerable youth. 110
“(d) Every party shall have the right to present evidence, to be heard on his or her own 111
behalf, and to cross-examine witnesses called by another party. 112
“(e) All evidence which is relevant, material, and competent to the issues before the court 113
shall be admitted. 114
“(f) Notwithstanding the provisions of §§ 14-306 and 14-307, neither the spouse or 115
domestic partner privilege nor the physician/client or mental health professional/client privilege 116
shall be a ground for excluding evidence in any proceeding brought under this subchapter. 117
“(g) The court may enter, modify, or terminate a guardianship order after considering all 118
of the evidence presented, and after making a determination based upon a preponderance of the 119
evidence that creation, modification, or termination of the guardianship order is in the vulnerable 120 ENGROSSED ORIGINAL
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youth’s best interests. If the court does not find that sufficient grounds exist to create, modify, or 121
terminate a guardianship order, the petition may be dismissed. 122
Ҥ 16-2399.07. Order appointing a guardian of a vulnerable youth. 123
“(a) After consideration of all the relevant, material, and competent evidence, the court 124
shall issue an order establishing a guardianship if the court finds that the guardianship is in the 125
vulnerable youth’s best interests. 126
“(b) After the guardianship is established, upon request by the proposed guardian or the 127
vulnerable youth, the court shall, if the court finds that the allegations in the petition pursuant to 128
§16-2399.02(a) are supported by a preponderance of the evidence, enter a guardianship order 129
containing the following judicial determinations supported by relevant statutory citations and 130
findings of fact: 131
“(1) Where the identity is known, the specific identity of the parent or parents; 132
“(2) That the vulnerable youth is dependent on the court and has been placed under 133
the care and custody of an individual or entity appointed by the court through the appointment of 134
a guardian; 135
“(3) That reunification of the vulnerable youth with one or both parents is not viable 136
due to abuse, abandonment, neglect or similar basis under District law; and 137
“(4) That it is not in the best interest of the vulnerable youth to be returned to the 138
vulnerable youth or vulnerable youth’s parents’ country of nationality or last habitual residence. 139 ENGROSSED ORIGINAL
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“(c) The court may, upon motion of a party, modify or terminate a guardianship order when 140
the modification or termination of the guardianship order is in the vulnerable youth’s best 141
interests. 142
“(d) The entry of a guardianship order under this subchapter shall not impinge on the 143
vulnerable youth’s fundamental rights to make their own medical, educational, financial, or other 144
such decisions. 145
“(e) A guardianship order entered under this subchapter shall automatically terminate when 146
the youth reaches age 21. 147
Ҥ 16-2399.08 Effect of guardianship order 148
“(a) Unless the court specifies other rights and responsibilities, the guardian shall have 149
the following rights and responsibilities concerning the vulnerable youth: 150
“(1) The guardian shall ensure that the legal rights of the vulnerable youth are not 151
violated; 152
“(2) The guardian shall provide care and support to the vulnerable youth to 153
promote the youth's stability and wellness; and 154
“(3) The guardianship will promote the physical, mental, and emotional health of 155
the vulnerable youth. 156
“(b) The guardian is not liable to third persons by reason of the relationship for acts of the 157
vulnerable youth. 158 ENGROSSED ORIGINAL
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Ҥ 16-2409. Additional available remedies. 159
“Nothing in this subchapter shall be construed to prevent: 160
“(1) A proposed guardian or vulnerable youth from seeking any other remedy or 161
protections available under District law; or 162
“(2) The court from issuing judicial determinations similar to those in §16-163
2399.07(b) in any other proceeding concerning a noncitizen under age 18.”. 164
Sec. 4. Fiscal impact statement. 165
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 166
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 167
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 168
Sec. 5. Effective date. 169
(a) This act shall take effect following approval by the Mayor (or in the event of veto by 170
the Mayor, action by the Council to override the veto), a 30-day period of Congressional review 171
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 172
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 173
Columbia Register. 174
(b) This act shall expire after 225 days of its having taken effect. 175