9 | | - | AN ACT |
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10 | | - | |
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11 | | - | ______________ |
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12 | | - | |
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13 | | - | |
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14 | | - | IN THE COUNCIL OF THE DISTRICT OF COLUMBIA |
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15 | | - | |
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16 | | - | ___________________________ |
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17 | | - | |
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18 | | - | |
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19 | | - | To amend, on a temporary basis, Chapter 3 of Title 13 of the District of Columbia Official Code |
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20 | | - | to provide that publication may be substituted for personal service of process for |
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21 | | - | appointments of a vulnerable youth guardian in certain circumstances; and to amend |
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22 | | - | Chapter 23 of Title 16 of the District of Columbia Official Code to authorize the Family |
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23 | | - | Division of the Superior Court to appoint, modify, and terminate a new class of legal |
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24 | | - | guardianship for vulnerable youth. |
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25 | | - | |
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26 | | - | BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this |
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27 | | - | act may be cited as the “Vulnerable Youth Guardianship Protection Temporary Amendment Act |
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28 | | - | of 2023”. |
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29 | | - | |
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30 | | - | Sec. 2. Section 13-336(b) of the District of Columbia Official Code is amended as |
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31 | | - | follows: |
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32 | | - | (a) Paragraph (7) is amended by striking the phrase “; and” and inserting a semicolon in |
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33 | | - | its place. |
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34 | | - | (b) Paragraph (8) is amended by striking the period and inserting the phrase “; and” in its |
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35 | | - | place. |
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36 | | - | (c) A new paragraph (9) is added to read as follows: |
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37 | | - | “(9) actions for the appointment of a vulnerable youth guardian under Subchapter |
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38 | | - | VI of Chapter 23 of Title 16 of the District of Columbia Official Code.”. |
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39 | | - | |
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40 | | - | Sec. 3. Chapter 23 of Title 16 of the District of Columbia Official Code is amended as |
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41 | | - | follows: |
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42 | | - | (a) The table of contents is amended by adding the following at the end: |
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43 | | - | “Subchapter VI. Vulnerable Youth Guardian. |
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44 | | - | “§ 16-2399.01. Definitions. |
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45 | | - | “§ 16-2399.02. Guardianship petition. |
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46 | | - | “§ 16-2399.03. Parties. ENROLLED ORIGINAL |
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| 9 | + | A BILL 1 |
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| 10 | + | 2 |
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| 11 | + | 25-386 3 |
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| 12 | + | 4 |
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| 13 | + | IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5 |
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| 14 | + | 6 |
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| 15 | + | __________________ 7 |
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| 16 | + | 8 |
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| 17 | + | 9 |
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| 18 | + | To amend, on a temporary basis, Chapter 3 of Title 13 of the District of Columbia Official Code, 10 |
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| 19 | + | to include appointments of a vulnerable youth guardian under legal actions that may have 11 |
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| 20 | + | published notice in substitution of personal service of process, and to amend Chapter 23 12 |
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| 21 | + | of Title 16 of the District of Columbia Official Code to authorize the Family Division of 13 |
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| 22 | + | the Superior Court to appoint, modify, and terminate a new class of legal guardianship for 14 |
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| 23 | + | vulnerable youth. 15 |
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| 24 | + | 16 |
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| 25 | + | BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That t his 17 |
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| 26 | + | act may be cited as the “Vulnerable Youth Guardianship Protection Temporary Amendment Act 18 |
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| 27 | + | of 2023”. 19 |
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| 28 | + | Sec. 2. Section 13-336(b) of the District of Columbia Official Code is amended as 20 |
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| 29 | + | follows: 21 |
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| 30 | + | (a) Paragraph (7) is amended by striking the phrase “; and” and inserting a semicolon in 22 |
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| 31 | + | its place. 23 |
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| 32 | + | (b) Paragraph (8) is amended by striking the period and inserting the phrase “; and” in its 24 |
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| 33 | + | place. 25 |
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| 34 | + | (c) A new paragraph (9) is added to read as follows: 26 ENGROSSED ORIGINAL |
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54 | | - | “§ 16-2399.04. Timing and notice. |
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55 | | - | “§ 16-2399.05. Conduct of hearings. |
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56 | | - | “§ 16-2399.06. Adjudicatory hearings. |
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57 | | - | “§ 16-2399.07. Order appointing a guardian of a vulnerable youth. |
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58 | | - | “§ 16-2399.08. Effect of guardianship order |
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59 | | - | “§ 16-2399.09. Additional available remedies.”. |
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60 | | - | (b) A new Subchapter VI is added to read as follows: |
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61 | | - | “Subchapter VI. Vulnerable Youth Guardian. |
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62 | | - | “§ 16-2399.01. Definitions. |
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63 | | - | “For purposes of this subchapter, the term: |
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64 | | - | “(1) “Guardian” means a person designated by the court pursuant to this subchapter |
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65 | | - | as the guardian of a vulnerable youth. |
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66 | | - | “(2) “Guardianship order” means the court document that establishes legal |
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67 | | - | guardianship and enumerates the guardian’s rights and responsibilities concerning the care and |
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68 | | - | custody of the vulnerable youth. |
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69 | | - | “(3) “Noncitizen” means a person who is not a United States citizen. |
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70 | | - | “(4) “Proposed guardian” means a person seeking to be appointed guardian of a |
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71 | | - | vulnerable youth. The term “proposed guardian” includes a business or nonprofit entity, public |
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72 | | - | corporation, government or governmental subdivision, agency, or instrumentality, or other legal |
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73 | | - | entity, whether or not a citizen or domiciliary of the District of Columbia and whether or not |
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74 | | - | organized under the laws of the District of Columbia. |
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75 | | - | “(5) “Similar basis” means conditions that have an effect on a vulnerable youth |
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76 | | - | comparable to abuse, neglect, or abandonment, including the death of a parent. |
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77 | | - | “(6) “Vulnerable youth” means an unmarried noncitizen who is at least 18 but |
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78 | | - | younger than 21 years old. |
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79 | | - | “§ 16-2399.02. Guardianship petition. |
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80 | | - | “(a) A vulnerable youth or proposed guardian may file a petition with the Family Division |
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81 | | - | of the Superior Court to appoint a guardian under this subchapter. The petition shall name the |
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82 | | - | proposed guardian and describe why: |
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83 | | - | “(1) The appointment is in the best interests of the vulnerable youth; |
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84 | | - | “(2) Reunification of the vulnerable youth with one or both parents is not viable |
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85 | | - | due to abuse, neglect, abandonment, or a similar basis under District law; and |
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86 | | - | “(3) It is not in the best interests of the vulnerable youth to be returned to the |
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87 | | - | vulnerable youth’s or vulnerable youth’s previous parents’ country of nationality or country of last |
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88 | | - | habitual residence. |
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89 | | - | “(b) The court shall determine whether it is in the vulnerable youth’s best interests that a |
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90 | | - | guardian be appointed by considering the following factors: ENROLLED ORIGINAL |
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| 42 | + | “(9) actions for the appointment of a vulnerable youth guardian under Subchapter 27 |
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| 43 | + | VI of Chapter 23 of Title 16 of the District of Columbia Official Code.”. 28 |
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| 44 | + | 29 |
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| 45 | + | 30 |
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| 46 | + | Sec. 3. Chapter 23 of Title 16 of the District of Columbia Official Code is amended as 31 |
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| 47 | + | follows: 32 |
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| 48 | + | (a) The table of contents is amended by adding a new designation for Subchapter VI to 33 |
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| 49 | + | read as follows: 34 |
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| 50 | + | “Subchapter VI. Vulnerable Youth Guardian. 35 |
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| 51 | + | “§ 16-2399.01. Definitions. 36 |
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| 52 | + | “§ 16-2399.02. Guardianship petition. 37 |
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| 53 | + | “§ 16-2399.03. Parties. 38 |
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| 54 | + | “§ 16-2399.04. Timing and notice. 39 |
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| 55 | + | “§ 16-2399.05. Conduct of hearings. 40 |
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| 56 | + | “§ 16-2399.06. Adjudicatory hearings. 41 |
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| 57 | + | “§ 16-2399.07. Order appointing a guardian of a vulnerable youth. 42 |
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| 58 | + | “§ 16-2399.08. Effect of guardianship order 43 |
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| 59 | + | “§ 16-2399.09. Additional available remedies.”. 44 |
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| 60 | + | (b) A new Subchapter VI is added to read as follows: 45 |
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| 61 | + | “Subchapter VI. Vulnerable Youth Guardian. 46 ENGROSSED ORIGINAL |
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98 | | - | “(1) The vulnerable youth’s need for continuity of care and caretakers, and for |
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99 | | - | timely integration into a stable home, taking into account the differences in the development and |
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100 | | - | the concept of time of youth of different ages and nationalities; |
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101 | | - | “(2) The physical, mental, and emotional health of all individuals involved to the |
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102 | | - | degree that each affects the welfare of the vulnerable youth, the decisive consideration in regard |
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103 | | - | to this factor being the physical, mental, and emotional needs of the vulnerable youth; |
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104 | | - | “(3) Access to stability, safety, supports or services to remedy the impacts of prior |
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105 | | - | abuse, abandonment, neglect, or a similar basis under District law; |
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106 | | - | “(4) The quality of the interaction and interrelationship of the vulnerable youth with |
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107 | | - | his or her parents, siblings, relatives, and caretakers, including the proposed guardian; and |
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108 | | - | “(5) The vulnerable youth’s opinion of their own best interest. |
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109 | | - | “§ 16-2399.03. Parties. |
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110 | | - | “Parties to a guardianship proceeding shall be the vulnerable youth, the proposed guardian, |
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111 | | - | and the vulnerable youth’s parents. The court may, at its discretion, on its own motion, or in |
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112 | | - | response to a motion for joinder or intervention, join additional parties to a guardianship |
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113 | | - | proceeding. |
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114 | | - | “§ 16-2399.04 Timing and notice. |
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115 | | - | “(a) When a petition for guardianship is filed, the court shall promptly set a time for an |
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116 | | - | adjudicatory hearing, as soon as administratively possible, shall cause notice thereof to be given |
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117 | | - | to all parties and their attorneys. |
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118 | | - | “(b) When it is appropriate to the proper disposition of the case, the court may direct the |
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119 | | - | service of a summons upon other persons. |
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120 | | - | “(c) If personal service under this section cannot be effected, then notice shall be made |
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121 | | - | constructively pursuant to rules of the Superior Court of the District of Columbia. |
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122 | | - | “16-2399.05. Conduct of the hearings. |
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123 | | - | “(a) All hearings and proceedings conducted pursuant to this subchapter shall be held by a |
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124 | | - | judge, without a jury. |
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125 | | - | “(b) All hearings and proceedings conducted pursuant to this subchapter shall be recorded |
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126 | | - | by appropriate means. |
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127 | | - | “16-2399.06. Adjudicatory hearings. |
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128 | | - | “(a) The court shall begin the adjudicatory hearing by determining whether all parties are |
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129 | | - | present and whether proper notice of the hearing has been given. |
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130 | | - | “(b) All parties have the right to present evidence and cross-examine witnesses. |
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131 | | - | “(c) The court shall hear evidence presented by the proposed guardian or vulnerable youth |
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132 | | - | and the burden of proof shall rest upon the proposed guardian or vulnerable youth. |
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133 | | - | “(d) Every party shall have the right to present evidence, to be heard on his or her own |
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134 | | - | behalf, and to cross-examine witnesses called by another party. ENROLLED ORIGINAL |
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| 69 | + | “§ 16-2399.01. Definitions. 47 |
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| 70 | + | “For purposes of this subchapter, the term: 48 |
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| 71 | + | “(1) “Guardian” means a person designated by the court pursuant to this subchapter 49 |
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| 72 | + | as the guardian of a vulnerable youth. 50 |
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| 73 | + | (2) “Guardianship order” means the court document that establishes legal 51 |
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| 74 | + | guardianship and enumerates the guardian’s rights and responsibilities concerning the care and 52 |
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| 75 | + | custody of the vulnerable youth. 53 |
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| 76 | + | “(2) “Noncitizen” means a person who is not a United States citizen. 54 |
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| 77 | + | “(3) “Proposed guardian” means a person seeking to be appointed guardian of a 55 |
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| 78 | + | vulnerable youth. The term “proposed guardian” includes a business or nonprofit entity, public 56 |
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| 79 | + | corporation, government or governmental subdivision, agency, or instrumentality, or other legal 57 |
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| 80 | + | entity whether or not a citizen or domiciliary of the District of Columbia and whether or not 58 |
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| 81 | + | organized under the laws of the District of Columbia. 59 |
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| 82 | + | “(4) “Similar basis” means conditions that have an effect on a vulnerable youth 60 |
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| 83 | + | comparable to abuse, neglect, or abandonment, including the death of a parent. 61 |
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| 84 | + | “(5) “Vulnerable youth” means an unmarried noncitizen who is at least 18 but 62 |
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| 85 | + | younger than 21 years old. 63 |
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| 86 | + | “§ 16-2399.02. Guardianship petition. 64 ENGROSSED ORIGINAL |
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142 | | - | “(e) All evidence which is relevant, material, and competent to the issues before the court |
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143 | | - | shall be admitted. |
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144 | | - | “(f) Notwithstanding the provisions of §§ 14-306 and 14-307, neither the spouse or |
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145 | | - | domestic partner privilege nor the physician/client or mental health professional/client privilege |
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146 | | - | shall be a ground for excluding evidence in any proceeding brought under this subchapter. |
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147 | | - | “(g) The court may enter, modify, or terminate a guardianship order after considering all |
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148 | | - | of the evidence presented, and after making a determination based upon a preponderance of the |
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149 | | - | evidence that creation, modification, or termination of the guardianship order is in the vulnerable |
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150 | | - | youth’s best interests. If the court does not find that sufficient grounds exist to create, modify, or |
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151 | | - | terminate a guardianship order, the petition may be dismissed. |
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152 | | - | “§ 16-2399.07. Order appointing a guardian of a vulnerable youth. |
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153 | | - | “(a) After consideration of all the relevant, material, and competent evidence, the court |
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154 | | - | shall issue an order establishing a guardianship if the court finds that the guardianship is in the |
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155 | | - | vulnerable youth’s best interests. |
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156 | | - | “(b) After the guardianship is established, upon request by the proposed guardian or the |
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157 | | - | vulnerable youth, the court shall, if the court finds that the allegations in the petition pursuant to |
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158 | | - | §16-2399.02(a) are supported by a preponderance of the evidence, enter a guardianship order |
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159 | | - | containing the following judicial determinations supported by relevant statutory citations and |
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160 | | - | findings of fact: |
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161 | | - | “(1) Where the identity is known, the specific identity of the parent or parents; |
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162 | | - | “(2) That the vulnerable youth is dependent on the court and has been placed under |
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163 | | - | the care and custody of an individual or entity appointed by the court through the appointment of |
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164 | | - | a guardian; |
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165 | | - | “(3) That reunification of the vulnerable youth with one or both parents is not viable |
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166 | | - | due to abuse, abandonment, neglect, or similar basis under District law; and |
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167 | | - | “(4) That it is not in the best interest of the vulnerable youth to be returned to the |
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168 | | - | vulnerable youth or vulnerable youth’s parents’ country of nationality or last habitual residence. |
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169 | | - | “(c) The court may, upon motion of a party, modify or terminate a guardianship order when |
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170 | | - | the modification or termination of the guardianship order is in the vulnerable youth’s best |
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171 | | - | interests. |
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172 | | - | “(d) The entry of a guardianship order under this subchapter shall not impinge on the |
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173 | | - | vulnerable youth’s fundamental rights to make their own medical, educational, financial, or other |
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174 | | - | such decisions. |
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175 | | - | “(e) A guardianship order entered under this subchapter shall automatically terminate when |
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176 | | - | the youth reaches age 21. |
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177 | | - | “§ 16-2399.08 Effect of guardianship order. |
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178 | | - | “(a) Unless the court specifies other rights and responsibilities, the guardian shall have |
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179 | | - | the following rights and responsibilities concerning the vulnerable youth: ENROLLED ORIGINAL |
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| 94 | + | “(a) A vulnerable youth or proposed guardian may file a petition with the Family Court to 65 |
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| 95 | + | appoint a guardian under this subchapter. The petition shall name the proposed guardian and 66 |
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| 96 | + | describe why: 67 |
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| 97 | + | “(1) The appointment is in the best interests of the vulnerable youth; 68 |
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| 98 | + | “(2) Reunification of the vulnerable youth with one or both parents is not viable 69 |
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| 99 | + | due to abuse, neglect, abandonment, or a similar basis under District law; and 70 |
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| 100 | + | “(3) It is not in the best interests of the vulnerable youth to be returned to the 71 |
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| 101 | + | vulnerable youth’s or vulnerable youth’s previous parents’ country of nationality or country of last 72 |
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| 102 | + | habitual residence. 73 |
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| 103 | + | “(b) The court shall determine whether it is in the vulnerable youth’s best interests that a 74 |
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| 104 | + | guardian be appointed by considering the following factors: 75 |
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| 105 | + | “(1) The vulnerable youth’s need for continuity of care and caretakers, and for 76 |
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| 106 | + | timely integration into a stable home, taking into account the differences in the development and 77 |
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| 107 | + | the concept of time of youth of different ages and nationalities; 78 |
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| 108 | + | “(2) The physical, mental, and emotional health of all individuals involved to the 79 |
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| 109 | + | degree that each affects the welfare of the vulnerable youth, the decisive consideration in regard 80 |
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| 110 | + | to this factor being the physical, mental, and emotional needs of the vulnerable youth; 81 |
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| 111 | + | “(3) Access to stability, safety, supports or services to remedy the impacts of prior 82 |
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| 112 | + | abuse, abandonment, neglect, or a similar basis under District law; 83 ENGROSSED ORIGINAL |
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187 | | - | “(1) The guardian shall ensure that the legal rights of the vulnerable youth are not |
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188 | | - | violated; |
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189 | | - | “(2) The guardian shall provide care and support to the vulnerable youth to |
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190 | | - | promote the youth's stability and wellness; and |
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191 | | - | “(3) The guardianship will promote the physical, mental, and emotional health of |
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192 | | - | the vulnerable youth. |
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193 | | - | “(b) The guardian is not liable to third persons by reason of the relationship for acts of the |
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194 | | - | vulnerable youth. |
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195 | | - | “§ 16-2409. Additional available remedies. |
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196 | | - | “Nothing in this subchapter shall be construed to prevent: |
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197 | | - | “(1) A proposed guardian or vulnerable youth from seeking any other remedy or |
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198 | | - | protections available under District law; or |
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199 | | - | “(2) The court from issuing judicial determinations similar to those in §16- |
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200 | | - | 2399.07(b) in any other proceeding concerning a noncitizen under age 18.”. |
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201 | | - | |
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202 | | - | Sec. 4. Fiscal impact statement. |
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203 | | - | The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact |
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204 | | - | statement required by section 4a of the General Legislative Procedures Act of 1975, approved |
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205 | | - | October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). |
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206 | | - | |
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207 | | - | Sec. 5. Effective date. |
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208 | | - | (a) This act shall take effect following approval by the Mayor (or in the event of veto by |
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209 | | - | the Mayor, action by the Council to override the veto), a 30-day period of congressional review |
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210 | | - | as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved |
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211 | | - | |
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212 | | - | |
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213 | | - | |
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214 | | - | |
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215 | | - | |
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216 | | - | |
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217 | | - | |
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218 | | - | |
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219 | | - | |
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220 | | - | |
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221 | | - | |
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222 | | - | |
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223 | | - | ENROLLED ORIGINAL |
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| 120 | + | “(4) The quality of the interaction and interrelationship of the vulnerable youth with 84 |
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| 121 | + | his or her parents, siblings, relatives, and caretakers, including the proposed guardian; and 85 |
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| 122 | + | “(5) The vulnerable youth’s opinion of their own best interest. 86 |
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| 123 | + | “§ 16-2399.03. Parties. 87 |
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| 124 | + | “Parties to a guardianship proceeding shall be the vulnerable youth, the proposed guardian, 88 |
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| 125 | + | and the vulnerable youth’s parents. The court may, at its discretion, on its own motion, or in 89 |
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| 126 | + | response to a motion for joinder or intervention, join additional parties to a guardianship 90 |
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| 127 | + | proceeding. 91 |
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| 128 | + | “§ 16-2399.04 Timing and notice. 92 |
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| 129 | + | “(a) When a petition for guardianship is filed, the court shall promptly set a time for an 93 |
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| 130 | + | adjudicatory hearing, as soon as administratively possible, shall cause notice thereof to be given 94 |
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| 131 | + | to all parties and their attorneys. 95 |
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| 132 | + | “(b) When it is appropriate to the proper disposition of the case, the court may direct the 96 |
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| 133 | + | service of a summons upon other persons. 97 |
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| 134 | + | “(c) If personal service under this section cannot be effected, then notice shall be made 98 |
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| 135 | + | constructively pursuant to rules of the Superior Court of the District of Columbia. 99 |
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| 136 | + | “16-2399.05. Conduct of the hearings. 100 |
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| 137 | + | “(a) All hearings and proceedings conducted pursuant to this subchapter shall be held by a 101 |
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| 138 | + | judge, without a jury. 102 ENGROSSED ORIGINAL |
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231 | | - | December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the |
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232 | | - | District of Columbia Register. |
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233 | | - | (b) This act shall expire after 225 days of its having taken effect. |
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234 | | - | |
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235 | | - | |
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236 | | - | |
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237 | | - | ______________________________ |
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238 | | - | Chairman |
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239 | | - | Council of the District of Columbia |
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| 146 | + | “(b) All hearings and proceedings conducted pursuant to this subchapter shall be recorded 103 |
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| 147 | + | by appropriate means. 104 |
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| 148 | + | “16-2399.06. Adjudicatory hearings. 105 |
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| 149 | + | “(a) The court shall begin the adjudicatory hearing by determining whether all parties are 106 |
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| 150 | + | present and whether proper notice of the hearing has been given. 107 |
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| 151 | + | “(b) All parties have the right to present evidence and cross-examine witnesses. 108 |
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| 152 | + | “(c) The court shall hear evidence presented by the proposed guardian or vulnerable youth 109 |
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| 153 | + | and the burden of proof shall rest upon the proposed guardian or vulnerable youth. 110 |
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| 154 | + | “(d) Every party shall have the right to present evidence, to be heard on his or her own 111 |
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| 155 | + | behalf, and to cross-examine witnesses called by another party. 112 |
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| 156 | + | “(e) All evidence which is relevant, material, and competent to the issues before the court 113 |
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| 157 | + | shall be admitted. 114 |
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| 158 | + | “(f) Notwithstanding the provisions of §§ 14-306 and 14-307, neither the spouse or 115 |
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| 159 | + | domestic partner privilege nor the physician/client or mental health professional/client privilege 116 |
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| 160 | + | shall be a ground for excluding evidence in any proceeding brought under this subchapter. 117 |
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| 161 | + | “(g) The court may enter, modify, or terminate a guardianship order after considering all 118 |
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| 162 | + | of the evidence presented, and after making a determination based upon a preponderance of the 119 |
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| 163 | + | evidence that creation, modification, or termination of the guardianship order is in the vulnerable 120 ENGROSSED ORIGINAL |
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| 171 | + | youth’s best interests. If the court does not find that sufficient grounds exist to create, modify, or 121 |
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| 172 | + | terminate a guardianship order, the petition may be dismissed. 122 |
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| 173 | + | “§ 16-2399.07. Order appointing a guardian of a vulnerable youth. 123 |
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| 174 | + | “(a) After consideration of all the relevant, material, and competent evidence, the court 124 |
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| 175 | + | shall issue an order establishing a guardianship if the court finds that the guardianship is in the 125 |
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| 176 | + | vulnerable youth’s best interests. 126 |
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| 177 | + | “(b) After the guardianship is established, upon request by the proposed guardian or the 127 |
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| 178 | + | vulnerable youth, the court shall, if the court finds that the allegations in the petition pursuant to 128 |
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| 179 | + | §16-2399.02(a) are supported by a preponderance of the evidence, enter a guardianship order 129 |
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| 180 | + | containing the following judicial determinations supported by relevant statutory citations and 130 |
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| 181 | + | findings of fact: 131 |
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| 182 | + | “(1) Where the identity is known, the specific identity of the parent or parents; 132 |
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| 183 | + | “(2) That the vulnerable youth is dependent on the court and has been placed under 133 |
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| 184 | + | the care and custody of an individual or entity appointed by the court through the appointment of 134 |
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| 185 | + | a guardian; 135 |
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| 186 | + | “(3) That reunification of the vulnerable youth with one or both parents is not viable 136 |
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| 187 | + | due to abuse, abandonment, neglect or similar basis under District law; and 137 |
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| 188 | + | “(4) That it is not in the best interest of the vulnerable youth to be returned to the 138 |
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| 189 | + | vulnerable youth or vulnerable youth’s parents’ country of nationality or last habitual residence. 139 ENGROSSED ORIGINAL |
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| 190 | + | |
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| 191 | + | |
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| 192 | + | |
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| 193 | + | |
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| 194 | + | 8 |
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| 195 | + | |
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| 196 | + | |
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| 197 | + | “(c) The court may, upon motion of a party, modify or terminate a guardianship order when 140 |
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| 198 | + | the modification or termination of the guardianship order is in the vulnerable youth’s best 141 |
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| 199 | + | interests. 142 |
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| 200 | + | “(d) The entry of a guardianship order under this subchapter shall not impinge on the 143 |
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| 201 | + | vulnerable youth’s fundamental rights to make their own medical, educational, financial, or other 144 |
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| 202 | + | such decisions. 145 |
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| 203 | + | “(e) A guardianship order entered under this subchapter shall automatically terminate when 146 |
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| 204 | + | the youth reaches age 21. 147 |
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| 205 | + | “§ 16-2399.08 Effect of guardianship order 148 |
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| 206 | + | “(a) Unless the court specifies other rights and responsibilities, the guardian shall have 149 |
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| 207 | + | the following rights and responsibilities concerning the vulnerable youth: 150 |
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| 208 | + | “(1) The guardian shall ensure that the legal rights of the vulnerable youth are not 151 |
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| 209 | + | violated; 152 |
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| 210 | + | “(2) The guardian shall provide care and support to the vulnerable youth to 153 |
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| 211 | + | promote the youth's stability and wellness; and 154 |
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| 212 | + | “(3) The guardianship will promote the physical, mental, and emotional health of 155 |
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| 213 | + | the vulnerable youth. 156 |
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| 214 | + | “(b) The guardian is not liable to third persons by reason of the relationship for acts of the 157 |
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| 215 | + | vulnerable youth. 158 ENGROSSED ORIGINAL |
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| 216 | + | |
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| 217 | + | |
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| 218 | + | |
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| 219 | + | |
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| 220 | + | 9 |
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| 221 | + | |
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| 222 | + | |
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| 223 | + | “§ 16-2409. Additional available remedies. 159 |
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| 224 | + | “Nothing in this subchapter shall be construed to prevent: 160 |
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| 225 | + | “(1) A proposed guardian or vulnerable youth from seeking any other remedy or 161 |
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| 226 | + | protections available under District law; or 162 |
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| 227 | + | “(2) The court from issuing judicial determinations similar to those in §16-163 |
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| 228 | + | 2399.07(b) in any other proceeding concerning a noncitizen under age 18.”. 164 |
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| 229 | + | Sec. 4. Fiscal impact statement. 165 |
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| 230 | + | The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 166 |
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| 231 | + | statement required by section 4a of the General Legislative Procedures Act of 1975, approved 167 |
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| 232 | + | October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 168 |
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| 233 | + | Sec. 5. Effective date. 169 |
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| 234 | + | (a) This act shall take effect following approval by the Mayor (or in the event of veto by 170 |
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| 235 | + | the Mayor, action by the Council to override the veto), a 30-day period of Congressional review 171 |
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| 236 | + | as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 172 |
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| 237 | + | 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 173 |
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| 238 | + | Columbia Register. 174 |
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| 239 | + | (b) This act shall expire after 225 days of its having taken effect. 175 |
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