District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0833 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENROLLED ORIGINAL
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3		-
4		-
5		-
6	1		1
7		-	AN ACT
8		-
9		-	_________
10		-
11		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
12		-
13		-	__________________
14		-
15		-
16		-	To amend, on an emergency basis, Chapter 3 of Title 13 of the District of Columbia Official
17		-	Code, to include appointments of a vulnerable youth guardian under legal actions that
18		-	may have published notice in substitution of personal service of process, and to amend
19		-	Chapter 23 of Title 16 of the District of Columbia Official Code to authorize the Family
20		-	Division of the Superior Court to appoint, modify, and terminate a new class of legal
21		-	guardianship for vulnerable youth.
22		-
23		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
24		-	act may be cited as the “Vulnerable Youth Guardianship Protection Emergency Amendment Act
25		-	of 2024.”
26		-
27		-	Sec. 2. Section 13-336(b) of the District of Columbia Official Code is amended as
	2	+	______________________________1
	3	+	Councilmember Brooke Pinto 2
	4	+	3
	5	+	4
	6	+	5
	7	+	6
	8	+	7
	9	+	A BILL 8
	10	+	9
	11	+	10
	12	+	_________ 11
	13	+	12
	14	+	13
	15	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 14
	16	+	15
	17	+	__________________ 16
	18	+	17
	19	+	18
	20	+	To amend, on an emergency basis, Chapter 3 of Title 13 of the District of Columbia Official 19
	21	+	Code, to include appointments of a vulnerable youth guardian under legal actions that 20
	22	+	may have published notice in substitution of personal service of process, and to amend 21
	23	+	Chapter 23 of Title 16 of the District of Columbia Official Code to authorize the Family 22
	24	+	Division of the Superior Court to appoint, modify, and terminate a new class of legal 23
	25	+	guardianship for vulnerable youth. 24
	26	+	25
	27	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 26
	28	+	act may be cited as the “Vulnerable Youth Guardianship Protection Emergency Amendment Act 27
	29	+	of 2024.” 28
	30	+	Sec. 2. Section 13- 336(b) of the District of Columbia Official Code is amended as 29
	31	+	follows: 30
	32	+	(a) Paragraph (7) is amended by striking the phrase “; and” and inserting a semicolon in 31
	33	+	its place.
	34	+	32
	35	+	(b) Paragraph (8) is amended by striking the period and inserting the phrase “; and” in its 33
	36	+	place.
	37	+	34
	38	+	(c) A new paragraph (9) is added to read as follows:
	39	+	35 2
	40	+	“(9) actions for the appointment of a vulnerable youth guardian under Subchapter 36
	41	+	VI of Chapter 23 of Title 16 of the District of Columbia Official Code.”.
	42	+	37
	43	+	Sec. 3. Chapter 23 of Title 16 of the District of Columbia Official Code is amended as 38
28	44		follows:
29		-	(a) Paragraph (7) is amended by striking the phrase “; and” and inserting a semicolon in
30		-	its place.
31		-	(b) Paragraph (8) is amended by striking the period and inserting the phrase “; and” in its
32		-	place.
33		-	(c) A new paragraph (9) is added to read as follows:
34		-	“(9) actions for the appointment of a vulnerable youth guardian under Subchapter
35		-	VI of Chapter 23 of Title 16 of the District of Columbia Official Code.”.
36		-
37		-	Sec. 3. Chapter 23 of Title 16 of the District of Columbia Official Code is amended as
38		-	follows:
39		-	(a) The table of contents is amended by adding the following at the end:
40		-	“Subchapter VI. Vulnerable Youth Guardian.
	45	+	39
	46	+	(a) The table of contents is amended by adding the following at the end: 40
	47	+	“Subchapter VI. Vulnerable Youth Guardian. 41
41	48		“§ 16- 2399.01. Definitions.
	49	+	42
42	50		“§ 16- 2399.02. Guardianship petition.
	51	+	43
43	52		“§ 16- 2399.03. Parties.
44		-	“§ 16-2399.04. Timing and notice.
45		-	“§ 16-2399.05. Conduct of hearings.
46		-	“§ 16-2399.06. Adjudicatory hearings. ENROLLED ORIGINAL
47		-
48		-
49		-
50		-
51		-	2
52		-	“§ 16-2399.07. Order appointing a guardian of a vulnerable youth.
	53	+	44
	54	+	“§ 16- 2399.04. Timing and notice. 45
	55	+	“§ 16- 2399.05. Conduct of hearings. 46
	56	+	“§ 16- 2399.06. Adjudicatory hearings . 47
	57	+	“§ 16- 2399.07. Order appointing a guardian of a vulnerable youth. 48
53	58		“§ 16- 2399.08. Effect of guardianship order
	59	+	49
54	60		“§ 16- 2399.09. Additional available remedies.”.
	61	+	50
55	62		(b) A new Subchapter VI is added to read as follows:
56		-	“Subchapter VI. Vulnerable Youth Guardian.
	63	+	51
	64	+	“Subchapter VI. Vulnerable Youth Guardian. 52
57	65		“§ 16- 2399.01. Definitions.
	66	+	53
58	67		“(a) For purposes of this subchapter, the term:
59		-	“(1) “Guardian” means a person designated by the court pursuant to this
60		-	subchapter as the guardian of a vulnerable youth.
61		-	“(2) “Guardianship order” means the court document that establishes legal
62		-	guardianship and enumerates the guardian’s rights and responsibilities concerning the care and
63		-	custody of the vulnerable youth.
64		-	“(3) “Noncitizen” means a person who is not a United States citizen.
65		-	“(4) “Proposed guardian” means a person seeking to be appointed guardian of a
66		-	vulnerable youth. The term “proposed guardian” includes a business or nonprofit entity, public
67		-	corporation, government or governmental subdivision, agency, or instrumentality, or other legal
68		-	entity whether or not a citizen or domiciliary of the District of Columbia and whether or not
	68	+	54
	69	+	“(1) “Guardian” means a person designated by the court pursuant to this 55
	70	+	subchapter as the guardian of a vulnerable youth. 56 3
	71	+	“(2) “Guardianship order” means the court document that establishes legal 57
	72	+	guardianship and enumerates the guardian’s rights and responsibilities concerning the care and 58
	73	+	custody of the vulnerable youth. 59
	74	+	“(3) “Noncitizen” means a person who is not a United States citizen. 60
	75	+	“(4) “Proposed guardian” means a person seeking to be appointed guardian of a 61
	76	+	vulnerable youth. The term “proposed guardian” includes a business or nonprofit entity, public 62
	77	+	corporation, government or governmental subdivision, agency, or instrumentality, or other legal 63
	78	+	entity whether or not a citizen or domiciliary of the District of Columbia and whether or not 64
69	79		organized under the laws of the District of Columbia.
70		-	“(5) “Similar basis” means conditions that have an effect on a vulnerable youth
	80	+	65
	81	+	“(5) “Similar basis” means conditions that have an effect on a vulnerable youth 66
71	82		comparable to abuse, neglect, or abandonment, including the death of a parent.
72		-	“(6) “Vulnerable youth” means an unmarried noncitizen who is at least 18 but
73		-	younger than 21 years old.
74		-	“(b) Except when inconsistent with this subchapter, the terms found in this subchapter
	83	+	67
	84	+	“(6) “Vulnerable youth” means an unmarried noncitizen who is at least 18 but 68
	85	+	younger than 21 years old. 69
	86	+	“(b) Except when inconsistent with this subchapter, the terms found in this subchapter 70
75	87		shall have the same meaning as provided in §16-2301.
	88	+	71
76	89		“§ 16-2399.02. Guardianship petition.
77		-	“(a) A vulnerable youth or proposed guardian may file a petition with the Family Court to
78		-	appoint a guardian under this subchapter. The petition shall name the proposed guardian and
	90	+	72
	91	+	“(a) A vulnerable youth or proposed guardian may file a petition with the Family Court to 73
	92	+	appoint a guardian under this subchapter. The petition shall name the proposed guardian and 74
79	93		describe why:
	94	+	75
80	95		“(1) The appointment is in the best interests of the vulnerable youth;
81		-	“(2) Reunification of the vulnerable youth with one or both parents is not viable
	96	+	76
	97	+	“(2) Reunification of the vulnerable youth with one or both parents is not viable 77
82	98		due to abuse, neglect, abandonment, or a similar basis under District law; and
83		-	“(3) It is not in the best interests of the vulnerable youth to be returned to the
84		-	vulnerable youth’s or vulnerable youth’s previous parents’ country of nationality or country of
	99	+	78 4
	100	+	“(3) It is not in the best interests of the vulnerable youth to be returned to the 79
	101	+	vulnerable youth’s or vulnerable youth’s previous parents’ country of nationality or country of 80
85	102		last habitual residence.
86		-	“(b) The court shall determine whether it is in the vulnerable youth’s best interests that a
	103	+	81
	104	+	“(b) The court shall determine whether it is in the vulnerable youth’s best interests that a 82
87	105		guardian be appointed by considering:
88		-	“(1) The vulnerable youth’s need for continuity of care and caretakers, and for
89		-	timely integration into a stable home, taking into account the differences in the development and
90		-	the concept of time of youth of different ages and nationalities; ENROLLED ORIGINAL
91		-
92		-
93		-
94		-
95		-	3
96		-	“(2) The physical, mental, and emotional health of all individuals involved to the
97		-	degree that each affects the welfare of the vulnerable youth, the decisive consideration in regard
	106	+	83
	107	+	“(1) The vulnerable youth’s need for continuity of care and caretakers, and for 84
	108	+	timely integration into a stable home, taking into account the differences in the development and 85
	109	+	the concept of time of youth of different ages and nationalities;
	110	+	86
	111	+	“(2) The physical, mental, and emotional health of all individuals involved to the 87
	112	+	degree that each affects the welfare of the vulnerable youth, the decisive consideration in regard 88
98	113		to this factor being the physical, mental, and emotional needs of the vulnerable youth;
99		-	“(3) Access to stability, safety, supports or services to remedy the impacts of prior
	114	+	89
	115	+	“(3) Access to stability, safety, supports or services to remedy the impacts of prior 90
100	116		abuse, abandonment, neglect, or a similar basis under District law;
101		-	“(4) The quality of the interaction and interrelationship of the vulnerable youth
	117	+	91
	118	+	“(4) The quality of the interaction and interrelationship of the vulnerable youth 92
102	119		with his or her parents, siblings, relatives, and caretakers, including the proposed guardian; and
103		-	“(5) The vulnerable youth’s opinion of their own best interest.
104		-	“(c) No fees shall be charged for a petition filed under this subchapter.
	120	+	93
	121	+	“(5) The vulnerable youth’s opinion of their own best interest. 94
	122	+	“(c) No fees shall be charged for a petition filed under this subchapter. 95
105	123		“§ 16-2399.03. Parties.
106		-	“Parties to a guardianship proceeding shall be the vulnerable youth, the proposed
107		-	guardian, and the vulnerable youth’s parents. The court may, at its discretion, on its own motion,
108		-	or in response to a motion for joinder or intervention, join additional parties to a guardianship
109		-	proceeding.
110		-	“§ 16-2399.04 Timing and notice.
111		-	“(a) When a petition for guardianship is filed, the court shall promptly set a time for an
112		-	adjudicatory hearing, as soon as administratively feasible, and shall cause notice thereof to be
113		-	given to all parties and their attorneys.
114		-	“(b) When it is appropriate to the proper disposition of the case, the court may direct the
115		-	service of a summons upon other persons.
116		-	“(c) If personal service under this section cannot be effected, then notice shall be made
117		-	constructively pursuant to rules of the Superior Court of the District of Columbia.
118		-	“16-2399.05. Conduct of the hearings.
119		-	“(a) All hearings and proceedings conducted pursuant to this subchapter shall be held by
120		-	a judge, without a jury.
121		-	“(b) All hearings and proceedings conducted pursuant to this subchapter shall be recorded
122		-	by appropriate means.
123		-	“16-2399.06. Adjudicatory hearings.
124		-	“(a) The court shall begin the adjudicatory hearing by determining whether all parties are
125		-	present and whether proper notice of the hearing has been given.
126		-	“(b) All parties have the right to present evidence and cross-examine witnesses.
127		-	“(c) The court shall hear evidence presented by the parties and the burden of proof shall
128		-	rest upon the proposed guardian or vulnerable youth.
129		-	“(d) Every party shall have the right to present evidence, to be heard on his or her own
130		-	behalf, and to cross-examine witnesses called by another party.
131		-	“(e) All evidence which is relevant, material, and competent to the issues before the court
132		-	shall be admitted.
133		-	“(f) Notwithstanding the provisions of §§ 14-306 and 14-307, neither the spouse or
134		-	domestic partner privilege nor the physician/client or mental health professional/client privilege
135		-	shall be a ground for excluding evidence in any proceeding brought under this subchapter. ENROLLED ORIGINAL
136		-
137		-
138		-
139		-
140		-	4
141		-	“(g) The court may enter, modify, or terminate a guardianship order after considering all
142		-	of the evidence presented, and after making a determination based upon a preponderance of the
143		-	evidence that creation, modification, or termination of the guardianship order is in the vulnerable
144		-	youth’s best interests. If the court does not find that sufficient grounds exist to create, modify, or
145		-	terminate a guardianship order, the petition may be dismissed.
146		-	“§ 16-2399.07. Order appointing a guardian of a vulnerable youth.
147		-	“(a) After consideration of all the relevant, material, and competent evidence, the court,
148		-	which shall be acting as a juvenile court, shall issue an order establishing a guardianship if the
	124	+	96
	125	+	“Parties to a guardianship proceeding shall be the vulnerable youth, the proposed 97
	126	+	guardian, and the vulnerable youth’s parents. The court may, at its discretion, on its own motion, 98
	127	+	or in response to a motion for joinder or intervention, join additional parties to a guardianship 99
	128	+	proceeding. 100
	129	+	“§ 16-2399.04 Timing and notice. 101 5
	130	+	“(a) When a petition for guardianship is filed, the court shall promptly set a time for an 102
	131	+	adjudicatory hearing, as soon as administratively feasible, and shall cause notice thereof to be 103
	132	+	given to all parties and their attorneys. 104
	133	+	“(b) When it is appropriate to the proper disposition of the case, the court may direct the 105
	134	+	service of a summons upon other persons. 106
	135	+	“(c) If personal service under this section cannot be effected, then notice shall be made 107
	136	+	constructively pursuant to rules of the Superior Court of the District of Columbia. 108
	137	+	“16-2399.05. Conduct of the hearings. 109
	138	+	“(a) All hearings and proceedings conducted pursuant to this subchapter shall be held by 110
	139	+	a judge, without a jury. 111
	140	+	“(b) All hearings and proceedings conducted pursuant to this subchapter shall be recorded 112
	141	+	by appropriate means. 113
	142	+	“16-2399.06. Adjudicatory hearings. 114
	143	+	“(a) The court shall begin the adjudicatory hearing by determining whether all parties are 115
	144	+	present and whether proper notice of the hearing has been given. 116
	145	+	“(b) All parties have the right to present evidence and cross-examine witnesses. 117
	146	+	“(c) The court shall hear evidence presented by the parties and the burden of proof shall 118
	147	+	rest upon the proposed guardian or vulnerable youth. 119
	148	+	“(d) Every party shall have the right to present evidence, to be heard on his or her own 120
	149	+	behalf, and to cross-examine witnesses called by another party. 121
	150	+	“(e) All evidence which is relevant, material, and competent to the issues before the court 122
	151	+	shall be admitted. 123 6
	152	+	“(f) Notwithstanding the provisions of §§ 14-306 and 14- 307, neither the spouse or 124
	153	+	domestic partner privilege nor the physician/client or mental health professional/client privilege 125
	154	+	shall be a ground for excluding evidence in any proceeding brought under this subchapter. 126
	155	+	“(g) The court may enter, modify, or terminate a guardianship order after considering all 127
	156	+	of the evidence presented, and after making a determination based upon a preponderance of the 128
	157	+	evidence that creation, modification, or termination of the guardianship order is in the vulnerable 129
	158	+	youth’s best interests. If the court does not find that sufficient grounds exist to create, modify, or 130
	159	+	terminate a guardianship order, the petition may be dismissed. 131
	160	+	“§ 16-2399.07. Order appointing a guardian of a vulnerable youth. 132
	161	+	“(a) After consideration of all the relevant, material, and competent evidence, the court, 133
	162	+	which shall be acting as a juvenile court, shall issue an order establishing a guardianship if the 134
149	163		court finds that the guardianship is in the vulnerable youth’s best interests.
150		-	“(b) After the guardianship is established, upon request by the proposed guardian or the
151		-	vulnerable youth, the court shall, if the court finds that the allegations in the petition pursuant to
152		-	§16-2399.02(a) are supported by a preponderance of the evidence, enter a guardianship order
153		-	containing the following judicial determinations supported by relevant statutory citations and
	164	+	135
	165	+	“(b) After the guardianship is established, upon request by the proposed guardian or the 136
	166	+	vulnerable youth, the court shall, if the court finds that the allegations in the petition pursuant to 137
	167	+	§16-2399.02(a) are supported by a preponderance of the evidence, enter a guardianship order 138
	168	+	containing the following judicial determinations supported by relevant statutory citations and 139
154	169		findings of fact:
	170	+	140
155	171		“(1) Where the identity is known, the specific identity of the parent or parents;
156		-	“(2) That the vulnerable youth is dependent on the court and has been placed
157		-	under the care and custody of an individual or entity appointed by the court through the
	172	+	141
	173	+	“(2) That the vulnerable youth is dependent on the court and has been placed 142
	174	+	under the care and custody of an individual or entity appointed by the court through the 143
158	175		appointment of a guardian;
159		-	“(3) That reunification of the vulnerable youth with one or both parents is not
	176	+	144
	177	+	“(3) That reunification of the vulnerable youth with one or both parents is not 145
160	178		viable due to abuse, abandonment, neglect or similar basis under District law; and
161		-	“(4) That it is not in the best interest of the vulnerable youth to be returned to the
	179	+	146 7
	180	+	“(4) That it is not in the best interest of the vulnerable youth to be returned to the 147
162	181		vulnerable youth or vulnerable youth’s parents’ country of nationality or last habitual residence.
163		-	“(c) The court may, upon motion of a party, modify or terminate a guardianship order
164		-	when the modification or termination of the guardianship order is in the vulnerable youth’s best
	182	+	148
	183	+	“(c) The court may, upon motion of a party, modify or terminate a guardianship order 149
	184	+	when the modification or termination of the guardianship order is in the vulnerable youth’s best 150
165	185		interests.
166		-	“(d) The entry of a guardianship order under this subchapter shall not impinge on the
167		-	vulnerable youth’s fundamental rights to make their own medical, educational, financial, or other
	186	+	151
	187	+	“(d) The entry of a guardianship order under this subchapter shall not impinge on the 152
	188	+	vulnerable youth’s fundamental rights to make their own medical, educational, financial, or other 153
168	189		such decisions.
169		-	“(e) A guardianship order entered under this subchapter shall automatically terminate
170		-	when the youth reaches age 21.
171		-	“§ 16-2399.08 Effect of guardianship order.
172		-	“(a) Unless the court specifies other rights and responsibilities, the guardian shall have
173		-	the following rights and responsibilities concerning the vulnerable youth:
174		-	“(1) The guardian shall ensure that the legal rights of the vulnerable youth are not
175		-	violated;
176		-	“(2) The guardian shall provide care and support to the vulnerable youth to
177		-	promote the youth's stability and wellness; and
178		-	“(3) The guardianship will promote the physical, mental, and emotional health of
179		-	the vulnerable youth. ENROLLED ORIGINAL
180		-
181		-
182		-
183		-
184		-	5
185		-	“(b) The guardian shall not be liable to third persons by reason of the relationship for acts
186		-	of the vulnerable youth.
187		-	“§ 16-2409. Additional available remedies.
188		-	“Nothing in this subchapter shall be construed to prevent:
189		-	“(1) A proposed guardian or vulnerable youth from seeking any other remedy or
190		-	protections available under District law; or
191		-	“(2) The court from issuing judicial determinations similar to those in §16-
192		-	2399.07(b) in any other proceeding concerning a noncitizen under age 18.”.
193		-
194		-	Sec. 4. Fiscal impact statement.
195		-	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
196		-	statement required by section 4a of the General Legislative Procedures Act of 1975, approved
197		-	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
198		-
199		-	Sec. 5. Effective date.
200		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
201		-	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than
202		-	90 days, as provided for emergency acts of the Council of the District of Columbia in section
203		-	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
204		-	D.C. Official Code § 1-204.12(a)).
205		-
206		-
207		-
208		-	______________________________
209		-	Chairman
210		-	Council of the District of Columbia
211		-
212		-
213		-
214		-
215		-
216		-	_________________________________
217		-	Mayor
218		-	District of Columbia
219		-
220		-
221		-
	190	+	154
	191	+	“(e) A guardianship order entered under this subchapter shall automatically terminate 155
	192	+	when the youth reaches age 21. 156
	193	+	“§ 16-2399.08 Effect of guardianship order. 157
	194	+	“(a) Unless the court specifies other rights and responsibilities, the guardian shall have 158
	195	+	the following rights and responsibilities concerning the vulnerable youth: 159
	196	+	“(1) The guardian shall ensure that the legal rights of the vulnerable youth are not 160
	197	+	violated; 161
	198	+	“(2) The guardian shall provide care and support to the vulnerable youth to 162
	199	+	promote the youth's stability and wellness; and 163
	200	+	“(3) The guardianship will promote the physical, mental, and emotional health of 164
	201	+	the vulnerable youth. 165
	202	+	“(b) The guardian shall not be liable to third persons by reason of the relationship for acts 166
	203	+	of the vulnerable youth. 167
	204	+	“§ 16-2409. Additional available remedies. 168
	205	+	“Nothing in this subchapter shall be construed to prevent: 169 8
	206	+	“(1) A proposed guardian or vulnerable youth from seeking any other remedy or 170
	207	+	protections available under District law; or 171
	208	+	“(2) The court from issuing judicial determinations similar to those in §16-172
	209	+	2399.07(b) in any other proceeding concerning a noncitizen under age 18.”. 173
	210	+	Sec. 4. Fiscal impact statement. 174
	211	+	The Council adopts the fiscal impact statement in the committee report as the fiscal 175
	212	+	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 176
	213	+	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 177
	214	+	Sec. 5. Effective date. 178
	215	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 179
	216	+	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 180
	217	+	90 days, as provided for emergency acts of the Council of the District of Columbia in section 181
	218	+	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 182
	219	+	D.C. Official Code § 1-204.12(a)). 183