District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0386 Compare Versions

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9-AN ACT
10-
11-______________
12-
13-
14-IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
15-
16-___________________________
17-
18-
19-To amend, on a temporary basis, Chapter 3 of Title 13 of the District of Columbia Official Code
20-to provide that publication may be substituted for personal service of process for
21-appointments of a vulnerable youth guardian in certain circumstances; and to amend
22-Chapter 23 of Title 16 of the District of Columbia Official Code to authorize the Family
23-Division of the Superior Court to appoint, modify, and terminate a new class of legal
24-guardianship for vulnerable youth.
25-
26-BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
27-act may be cited as the “Vulnerable Youth Guardianship Protection Temporary Amendment Act
28-of 2023”.
29-
30-Sec. 2. Section 13-336(b) of the District of Columbia Official Code is amended as
31-follows:
32-(a) Paragraph (7) is amended by striking the phrase “; and” and inserting a semicolon in
33-its place.
34-(b) Paragraph (8) is amended by striking the period and inserting the phrase “; and” in its
35-place.
36-(c) A new paragraph (9) is added to read as follows:
37-“(9) actions for the appointment of a vulnerable youth guardian under Subchapter
38-VI of Chapter 23 of Title 16 of the District of Columbia Official Code.”.
39-
40-Sec. 3. Chapter 23 of Title 16 of the District of Columbia Official Code is amended as
41-follows:
42-(a) The table of contents is amended by adding the following at the end:
43- “Subchapter VI. Vulnerable Youth Guardian.
44- “§ 16-2399.01. Definitions.
45-“§ 16-2399.02. Guardianship petition.
46-“§ 16-2399.03. Parties. ENROLLED ORIGINAL
9+A BILL 1
10+ 2
11+25-386 3
12+ 4
13+IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
14+ 6
15+__________________ 7
16+ 8
17+ 9
18+To amend, on a temporary basis, Chapter 3 of Title 13 of the District of Columbia Official Code, 10
19+to include appointments of a vulnerable youth guardian under legal actions that may have 11
20+published notice in substitution of personal service of process, and to amend Chapter 23 12
21+of Title 16 of the District of Columbia Official Code to authorize the Family Division of 13
22+the Superior Court to appoint, modify, and terminate a new class of legal guardianship for 14
23+vulnerable youth. 15
24+ 16
25+BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That t his 17
26+act may be cited as the “Vulnerable Youth Guardianship Protection Temporary Amendment Act 18
27+of 2023”. 19
28+Sec. 2. Section 13-336(b) of the District of Columbia Official Code is amended as 20
29+follows: 21
30+(a) Paragraph (7) is amended by striking the phrase “; and” and inserting a semicolon in 22
31+its place. 23
32+(b) Paragraph (8) is amended by striking the period and inserting the phrase “; and” in its 24
33+place. 25
34+(c) A new paragraph (9) is added to read as follows: 26 ENGROSSED ORIGINAL
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4836
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5038
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54-“§ 16-2399.04. Timing and notice.
55-“§ 16-2399.05. Conduct of hearings.
56-“§ 16-2399.06. Adjudicatory hearings.
57-“§ 16-2399.07. Order appointing a guardian of a vulnerable youth.
58-“§ 16-2399.08. Effect of guardianship order
59-“§ 16-2399.09. Additional available remedies.”.
60-(b) A new Subchapter VI is added to read as follows:
61-“Subchapter VI. Vulnerable Youth Guardian.
62-“§ 16-2399.01. Definitions.
63-“For purposes of this subchapter, the term:
64-“(1) “Guardian” means a person designated by the court pursuant to this subchapter
65-as the guardian of a vulnerable youth.
66-“(2) “Guardianship order” means the court document that establishes legal
67-guardianship and enumerates the guardian’s rights and responsibilities concerning the care and
68-custody of the vulnerable youth.
69-“(3) “Noncitizen” means a person who is not a United States citizen.
70-“(4) “Proposed guardian” means a person seeking to be appointed guardian of a
71-vulnerable youth. The term “proposed guardian” includes a business or nonprofit entity, public
72-corporation, government or governmental subdivision, agency, or instrumentality, or other legal
73-entity, whether or not a citizen or domiciliary of the District of Columbia and whether or not
74-organized under the laws of the District of Columbia.
75-“(5) “Similar basis” means conditions that have an effect on a vulnerable youth
76-comparable to abuse, neglect, or abandonment, including the death of a parent.
77-“(6) “Vulnerable youth” means an unmarried noncitizen who is at least 18 but
78-younger than 21 years old.
79-“§ 16-2399.02. Guardianship petition.
80-“(a) A vulnerable youth or proposed guardian may file a petition with the Family Division
81-of the Superior Court to appoint a guardian under this subchapter. The petition shall name the
82-proposed guardian and describe why:
83-“(1) The appointment is in the best interests of the vulnerable youth;
84-“(2) Reunification of the vulnerable youth with one or both parents is not viable
85-due to abuse, neglect, abandonment, or a similar basis under District law; and
86-“(3) It is not in the best interests of the vulnerable youth to be returned to the
87-vulnerable youth’s or vulnerable youth’s previous parents’ country of nationality or country of last
88-habitual residence.
89- “(b) The court shall determine whether it is in the vulnerable youth’s best interests that a
90-guardian be appointed by considering the following factors: ENROLLED ORIGINAL
42+“(9) actions for the appointment of a vulnerable youth guardian under Subchapter 27
43+VI of Chapter 23 of Title 16 of the District of Columbia Official Code.”. 28
44+ 29
45+ 30
46+Sec. 3. Chapter 23 of Title 16 of the District of Columbia Official Code is amended as 31
47+follows: 32
48+(a) The table of contents is amended by adding a new designation for Subchapter VI to 33
49+read as follows: 34
50+ “Subchapter VI. Vulnerable Youth Guardian. 35
51+ “§ 16-2399.01. Definitions. 36
52+“§ 16-2399.02. Guardianship petition. 37
53+“§ 16-2399.03. Parties. 38
54+“§ 16-2399.04. Timing and notice. 39
55+“§ 16-2399.05. Conduct of hearings. 40
56+ “§ 16-2399.06. Adjudicatory hearings. 41
57+“§ 16-2399.07. Order appointing a guardian of a vulnerable youth. 42
58+“§ 16-2399.08. Effect of guardianship order 43
59+“§ 16-2399.09. Additional available remedies.”. 44
60+(b) A new Subchapter VI is added to read as follows: 45
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
99-timely integration into a stable home, taking into account the differences in the development and
100-the concept of time of youth of different ages and nationalities;
101-“(2) The physical, mental, and emotional health of all individuals involved to the
102-degree that each affects the welfare of the vulnerable youth, the decisive consideration in regard
103-to this factor being the physical, mental, and emotional needs of the vulnerable youth;
104-“(3) Access to stability, safety, supports or services to remedy the impacts of prior
105-abuse, abandonment, neglect, or a similar basis under District law;
106-“(4) The quality of the interaction and interrelationship of the vulnerable youth with
107-his or her parents, siblings, relatives, and caretakers, including the proposed guardian; and
108-“(5) The vulnerable youth’s opinion of their own best interest.
109-“§ 16-2399.03. Parties.
110- “Parties to a guardianship proceeding shall be the vulnerable youth, the proposed guardian,
111-and the vulnerable youth’s parents. The court may, at its discretion, on its own motion, or in
112-response to a motion for joinder or intervention, join additional parties to a guardianship
113-proceeding.
114-“§ 16-2399.04 Timing and notice.
115-“(a) When a petition for guardianship is filed, the court shall promptly set a time for an
116-adjudicatory hearing, as soon as administratively possible, shall cause notice thereof to be given
117-to all parties and their attorneys.
118-“(b) When it is appropriate to the proper disposition of the case, the court may direct the
119-service of a summons upon other persons.
120-“(c) If personal service under this section cannot be effected, then notice shall be made
121-constructively pursuant to rules of the Superior Court of the District of Columbia.
122-“16-2399.05. Conduct of the hearings.
123-“(a) All hearings and proceedings conducted pursuant to this subchapter shall be held by a
124-judge, without a jury.
125-“(b) All hearings and proceedings conducted pursuant to this subchapter shall be recorded
126-by appropriate means.
127-“16-2399.06. Adjudicatory hearings.
128-“(a) The court shall begin the adjudicatory hearing by determining whether all parties are
129-present and whether proper notice of the hearing has been given.
130-“(b) All parties have the right to present evidence and cross-examine witnesses.
131-“(c) The court shall hear evidence presented by the proposed guardian or vulnerable youth
132-and the burden of proof shall rest upon the proposed guardian or vulnerable youth.
133-“(d) Every party shall have the right to present evidence, to be heard on his or her own
134-behalf, and to cross-examine witnesses called by another party. ENROLLED ORIGINAL
69+“§ 16-2399.01. Definitions. 47
70+“For purposes of this subchapter, the term: 48
71+“(1) “Guardian” means a person designated by the court pursuant to this subchapter 49
72+as the guardian of a vulnerable youth. 50
73+(2) “Guardianship order” means the court document that establishes legal 51
74+guardianship and enumerates the guardian’s rights and responsibilities concerning the care and 52
75+custody of the vulnerable youth. 53
76+“(2) “Noncitizen” means a person who is not a United States citizen. 54
77+“(3) “Proposed guardian” means a person seeking to be appointed guardian of a 55
78+vulnerable youth. The term “proposed guardian” includes a business or nonprofit entity, public 56
79+corporation, government or governmental subdivision, agency, or instrumentality, or other legal 57
80+entity whether or not a citizen or domiciliary of the District of Columbia and whether or not 58
81+organized under the laws of the District of Columbia. 59
82+“(4) “Similar basis” means conditions that have an effect on a vulnerable youth 60
83+comparable to abuse, neglect, or abandonment, including the death of a parent. 61
84+“(5) “Vulnerable youth” means an unmarried noncitizen who is at least 18 but 62
85+younger than 21 years old. 63
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
143-shall be admitted.
144-“(f) Notwithstanding the provisions of §§ 14-306 and 14-307, neither the spouse or
145-domestic partner privilege nor the physician/client or mental health professional/client privilege
146-shall be a ground for excluding evidence in any proceeding brought under this subchapter.
147-“(g) The court may enter, modify, or terminate a guardianship order after considering all
148-of the evidence presented, and after making a determination based upon a preponderance of the
149-evidence that creation, modification, or termination of the guardianship order is in the vulnerable
150-youth’s best interests. If the court does not find that sufficient grounds exist to create, modify, or
151-terminate a guardianship order, the petition may be dismissed.
152-“§ 16-2399.07. Order appointing a guardian of a vulnerable youth.
153-“(a) After consideration of all the relevant, material, and competent evidence, the court
154-shall issue an order establishing a guardianship if the court finds that the guardianship is in the
155-vulnerable youth’s best interests.
156-“(b) After the guardianship is established, upon request by the proposed guardian or the
157-vulnerable youth, the court shall, if the court finds that the allegations in the petition pursuant to
158-§16-2399.02(a) are supported by a preponderance of the evidence, enter a guardianship order
159-containing the following judicial determinations supported by relevant statutory citations and
160-findings of fact:
161-“(1) Where the identity is known, the specific identity of the parent or parents;
162-“(2) That the vulnerable youth is dependent on the court and has been placed under
163-the care and custody of an individual or entity appointed by the court through the appointment of
164-a guardian;
165-“(3) That reunification of the vulnerable youth with one or both parents is not viable
166-due to abuse, abandonment, neglect, or similar basis under District law; and
167-“(4) That it is not in the best interest of the vulnerable youth to be returned to the
168-vulnerable youth or vulnerable youth’s parents’ country of nationality or last habitual residence.
169-“(c) The court may, upon motion of a party, modify or terminate a guardianship order when
170-the modification or termination of the guardianship order is in the vulnerable youth’s best
171-interests.
172-“(d) The entry of a guardianship order under this subchapter shall not impinge on the
173-vulnerable youth’s fundamental rights to make their own medical, educational, financial, or other
174-such decisions.
175-“(e) A guardianship order entered under this subchapter shall automatically terminate when
176-the youth reaches age 21.
177-“§ 16-2399.08 Effect of guardianship order.
178-“(a) Unless the court specifies other rights and responsibilities, the guardian shall have
179-the following rights and responsibilities concerning the vulnerable youth: ENROLLED ORIGINAL
94+“(a) A vulnerable youth or proposed guardian may file a petition with the Family Court to 65
95+appoint a guardian under this subchapter. The petition shall name the proposed guardian and 66
96+describe why: 67
97+“(1) The appointment is in the best interests of the vulnerable youth; 68
98+“(2) Reunification of the vulnerable youth with one or both parents is not viable 69
99+due to abuse, neglect, abandonment, or a similar basis under District law; and 70
100+“(3) It is not in the best interests of the vulnerable youth to be returned to the 71
101+vulnerable youth’s or vulnerable youth’s previous parents’ country of nationality or country of last 72
102+habitual residence. 73
103+ “(b) The court shall determine whether it is in the vulnerable youth’s best interests that a 74
104+guardian be appointed by considering the following factors: 75
105+“(1) The vulnerable youth’s need for continuity of care and caretakers, and for 76
106+timely integration into a stable home, taking into account the differences in the development and 77
107+the concept of time of youth of different ages and nationalities; 78
108+“(2) The physical, mental, and emotional health of all individuals involved to the 79
109+degree that each affects the welfare of the vulnerable youth, the decisive consideration in regard 80
110+to this factor being the physical, mental, and emotional needs of the vulnerable youth; 81
111+“(3) Access to stability, safety, supports or services to remedy the impacts of prior 82
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
188-violated;
189-“(2) The guardian shall provide care and support to the vulnerable youth to
190-promote the youth's stability and wellness; and
191-“(3) The guardianship will promote the physical, mental, and emotional health of
192-the vulnerable youth.
193-“(b) The guardian is not liable to third persons by reason of the relationship for acts of the
194-vulnerable youth.
195-“§ 16-2409. Additional available remedies.
196-“Nothing in this subchapter shall be construed to prevent:
197- “(1) A proposed guardian or vulnerable youth from seeking any other remedy or
198-protections available under District law; or
199- “(2) The court from issuing judicial determinations similar to those in §16-
200-2399.07(b) in any other proceeding concerning a noncitizen under age 18.”.
201-
202-Sec. 4. Fiscal impact statement.
203-The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
204-statement required by section 4a of the General Legislative Procedures Act of 1975, approved
205-October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
206-
207-Sec. 5. Effective date.
208-(a) This act shall take effect following approval by the Mayor (or in the event of veto by
209-the Mayor, action by the Council to override the veto), a 30-day period of congressional review
210-as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved
211-
212-
213-
214-
215-
216-
217-
218-
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221-
222-
223- ENROLLED ORIGINAL
120+“(4) The quality of the interaction and interrelationship of the vulnerable youth with 84
121+his or her parents, siblings, relatives, and caretakers, including the proposed guardian; and 85
122+“(5) The vulnerable youth’s opinion of their own best interest. 86
123+“§ 16-2399.03. Parties. 87
124+ “Parties to a guardianship proceeding shall be the vulnerable youth, the proposed guardian, 88
125+and the vulnerable youth’s parents. The court may, at its discretion, on its own motion, or in 89
126+response to a motion for joinder or intervention, join additional parties to a guardianship 90
127+proceeding. 91
128+“§ 16-2399.04 Timing and notice. 92
129+“(a) When a petition for guardianship is filed, the court shall promptly set a time for an 93
130+adjudicatory hearing, as soon as administratively possible, shall cause notice thereof to be given 94
131+to all parties and their attorneys. 95
132+“(b) When it is appropriate to the proper disposition of the case, the court may direct the 96
133+service of a summons upon other persons. 97
134+“(c) If personal service under this section cannot be effected, then notice shall be made 98
135+constructively pursuant to rules of the Superior Court of the District of Columbia. 99
136+“16-2399.05. Conduct of the hearings. 100
137+“(a) All hearings and proceedings conducted pursuant to this subchapter shall be held by a 101
138+judge, without a jury. 102 ENGROSSED ORIGINAL
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229144
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231-December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the
232-District of Columbia Register.
233-(b) This act shall expire after 225 days of its having taken effect.
234-
235-
236-
237-______________________________
238-Chairman
239-Council of the District of Columbia
146+“(b) All hearings and proceedings conducted pursuant to this subchapter shall be recorded 103
147+by appropriate means. 104
148+“16-2399.06. Adjudicatory hearings. 105
149+“(a) The court shall begin the adjudicatory hearing by determining whether all parties are 106
150+present and whether proper notice of the hearing has been given. 107
151+“(b) All parties have the right to present evidence and cross-examine witnesses. 108
152+“(c) The court shall hear evidence presented by the proposed guardian or vulnerable youth 109
153+and the burden of proof shall rest upon the proposed guardian or vulnerable youth. 110
154+“(d) Every party shall have the right to present evidence, to be heard on his or her own 111
155+behalf, and to cross-examine witnesses called by another party. 112
156+“(e) All evidence which is relevant, material, and competent to the issues before the court 113
157+shall be admitted. 114
158+“(f) Notwithstanding the provisions of §§ 14-306 and 14-307, neither the spouse or 115
159+domestic partner privilege nor the physician/client or mental health professional/client privilege 116
160+shall be a ground for excluding evidence in any proceeding brought under this subchapter. 117
161+“(g) The court may enter, modify, or terminate a guardianship order after considering all 118
162+of the evidence presented, and after making a determination based upon a preponderance of the 119
163+evidence that creation, modification, or termination of the guardianship order is in the vulnerable 120 ENGROSSED ORIGINAL
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244169
245-_________________________________
246-Mayor
247-District of Columbia
248170
171+youth’s best interests. If the court does not find that sufficient grounds exist to create, modify, or 121
172+terminate a guardianship order, the petition may be dismissed. 122
173+“§ 16-2399.07. Order appointing a guardian of a vulnerable youth. 123
174+“(a) After consideration of all the relevant, material, and competent evidence, the court 124
175+shall issue an order establishing a guardianship if the court finds that the guardianship is in the 125
176+vulnerable youth’s best interests. 126
177+“(b) After the guardianship is established, upon request by the proposed guardian or the 127
178+vulnerable youth, the court shall, if the court finds that the allegations in the petition pursuant to 128
179+§16-2399.02(a) are supported by a preponderance of the evidence, enter a guardianship order 129
180+containing the following judicial determinations supported by relevant statutory citations and 130
181+findings of fact: 131
182+“(1) Where the identity is known, the specific identity of the parent or parents; 132
183+“(2) That the vulnerable youth is dependent on the court and has been placed under 133
184+the care and custody of an individual or entity appointed by the court through the appointment of 134
185+a guardian; 135
186+“(3) That reunification of the vulnerable youth with one or both parents is not viable 136
187+due to abuse, abandonment, neglect or similar basis under District law; and 137
188+“(4) That it is not in the best interest of the vulnerable youth to be returned to the 138
189+vulnerable youth or vulnerable youth’s parents’ country of nationality or last habitual residence. 139 ENGROSSED ORIGINAL
190+
191+
192+
193+
194+8
195+
196+
197+“(c) The court may, upon motion of a party, modify or terminate a guardianship order when 140
198+the modification or termination of the guardianship order is in the vulnerable youth’s best 141
199+interests. 142
200+“(d) The entry of a guardianship order under this subchapter shall not impinge on the 143
201+vulnerable youth’s fundamental rights to make their own medical, educational, financial, or other 144
202+such decisions. 145
203+“(e) A guardianship order entered under this subchapter shall automatically terminate when 146
204+the youth reaches age 21. 147
205+“§ 16-2399.08 Effect of guardianship order 148
206+“(a) Unless the court specifies other rights and responsibilities, the guardian shall have 149
207+the following rights and responsibilities concerning the vulnerable youth: 150
208+ “(1) The guardian shall ensure that the legal rights of the vulnerable youth are not 151
209+violated; 152
210+ “(2) The guardian shall provide care and support to the vulnerable youth to 153
211+promote the youth's stability and wellness; and 154
212+ “(3) The guardianship will promote the physical, mental, and emotional health of 155
213+the vulnerable youth. 156
214+“(b) The guardian is not liable to third persons by reason of the relationship for acts of the 157
215+vulnerable youth. 158 ENGROSSED ORIGINAL
216+
217+
218+
219+
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221+
222+
223+“§ 16-2409. Additional available remedies. 159
224+“Nothing in this subchapter shall be construed to prevent: 160
225+ “(1) A proposed guardian or vulnerable youth from seeking any other remedy or 161
226+protections available under District law; or 162
227+ “(2) The court from issuing judicial determinations similar to those in §16-163
228+2399.07(b) in any other proceeding concerning a noncitizen under age 18.”. 164
229+Sec. 4. Fiscal impact statement. 165
230+The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 166
231+statement required by section 4a of the General Legislative Procedures Act of 1975, approved 167
232+October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 168
233+Sec. 5. Effective date. 169
234+(a) This act shall take effect following approval by the Mayor (or in the event of veto by 170
235+the Mayor, action by the Council to override the veto), a 30-day period of Congressional review 171
236+as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 172
237+24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 173
238+Columbia Register. 174
239+(b) This act shall expire after 225 days of its having taken effect. 175