District Of Columbia 2023 2023-2024 Regular Session

District Of Columbia Council Bill PR25-0969 Introduced / Bill

Filed 09/25/2024

                    �������	���� ���
������
�D�E
�$�+
�: �> �+�7�(�+	�<�E�	���E�� ��
�%
�3 �+�E �	�9�8�9�<�'�(�6�+�E	�"	�3�4�6�E	��+�8�*�+�6�=�9�8�E
��3
�'�4 �<�7�'	�8�E
�
�9�?�8�)�4�6�E	�9	�,�E �>�3	�+�E ��4�=�>�<�4�)�>�E	�9�,�E	�	�9�6�?	�7�(�4�'�E
�
�9�3	�8�E	���E	�&	�4�6 �= �9�8�E	�	�?�4�6�*	�4�8�2�E
���� �E	�"�+
�8 �8 �= �B�6	�@ �'�8�4�'	�E�	�@ �+��E	� �&	��E �$�?�4�>�+	�E�� ��E
�&�'�=�3�4�8�2�>�9�8��E	�
��E	�� � � ��E
�
�+�'�<�E	��3�'�4�<�7�'�8�E	�	�+�8�*�+�6�=�9�8��E
��8�)�6�9�=�+�*�E	�0�<�E	�)�9�8�=�4�*�+�<�'�>�4�9�8�E	�'�8
�*�E	�'	�*�9�:	�>�4 �9�8�E	�(�B�E	�>�3�+�E	��9�?�8�)�4�6�E	�9�,�E	�>�3�+�E	��4	�= �>�< �4�)�>	�E �9�,	�E�	�9�6�?	�7�(�4�'�E	�4�=�E	�>�3	�+�E
�
�	�<�'�8�*�:�'�<�+�8�>�E	��'�<�+�2�4�@�+�<�=�E	�	�6�4�2�4	�( �4�6 �4�> �B�E ��+	�>�+�<�7�4�8�'�>�4�9�8�E	�#�?�6�+�=�E	��:�:�<�9	�@�'�6	�E�#�+	�= �9�6�?�>�4�9�8�E	�9�,�E	�� ����E	�'�6�9�8�2�E
�A
�4�>�3�E	�'�8�E	�'	�) �)�9�7�:�'�8�B�4�8�2�E	�*	�<�'	�1�E� �9�>	�4�)�+�E	�9�,�E	��4�8�'�6�E�#�?�6�+�7�'�5�4�8�2�E	�0�<	�E�>�3	�+�E ��<	�'�8�*�:�'�<�+�8�>�E	�	�'�<	�+�2�4	�@�+�<�=�E	�"�4�6�9�>�E
�"
�<�9�2�<�'�7��E
�%�3�+�E	�<
�?�6�+�=�E	�'�<�+�E	�(�+�4�8�2�E	�=	�? �(�7�4�>�>�+�*�E	�>�9�E	�>�3	�+�E	��9�?�8�)�4�6�E	�0�<�E	�4	�>�=�E	�'�:�:�<�9�@	�'�6�E	�4�8�E	�'�)�)�9�<�*�'�8�)�+�E	�A�4�>�3	�E �=	�+�)�>�4�9�8�E	�	� ��E
�9�,�E	�>�3�+�E	��<�'�8�*�:�'�<�+�8�>�E	��'�<�+�2�4�@�+�<�=�E	�"
�4�6�9�>�E	�"	�< �9�2�<�'�7�E	��=�>�'�(�6�4�=�3�7�+�8�>�E	�	�) �>�E �9�,�E	�� � �	��E �+�.�+�)�>�4�@�+�E	��'�<�)�3�E	���E
�� � ��E������E��'�A�E�������E�����E�!�/�)�4�'�6�E��9
�*�+�E�C�E	���	���� ����E
�%
�3�+	�E�<�?	�6�+�=�E	�A	�4�6�6�E	�'�7�+�8�*�E	��3�'�:�>�+�<�E	���E	�9�,�E	�%�4�>�6�+�E��	�E�9�,�E	�>�3	�+�E ��4	�= �>�< �4�)�>�E	�9�,�E	��9�6�?�7�(�4�'�E	��?�8�4�)�4�:�'�6�E	�#�+�2�?�6�'�>�4�9�8�=�E
�(
�B�E	�+	�6 �4�7�4�8�'�>�4�8�2�E	�>�3�+�E	�<�+�;�?�4�<�+�7�+�8�>�E	�>�3	�'�>�E�'�E	�2	�<�'�8	�*�:�'�<�+�8	�>�E �)�'�<�+�2�4�@�+�<�E	�9�(�>	�'�4�8�E	�'�E �%	�+�7�:	�9�<�'	�<�B�E	��=�=�4�=�>�'�8�)�+�E	�0	�<�E
� 
�+�+�*�B�E	��'�7�4�6�4�+�=�E	��%�� ���E	�+�6�4�2�4�(�4�6�4�>�B�E	�*�+	�>�+�<�7�4�8�'�>�4�9�8�E	�(	�+�0	�< �+�E �'�:�:�6	�B�4�8�2�E	�0�<�E	�'�E �=�?�(�=�4�*�B�E	�?�8�*�+�<�E	�>�3�+�E
��<
�'�8�*�:�'�<�+�8�>�E	��'�<�+�2�4�@�+�<�=�E	�"	�4�6�9	�> �E�"�<�9�2�<�'�7��E
��E �?�<
�2 �+�E �>�3�+�E	��9�?�8�)�4�6�E	�>	�9�E	�>�'�5�+�E	�:�<�9�7�:�>�E	�'�8	�*�E	�-�@�9�<�'�(�6�+�E	�'�)�>�4�9�8�E	�9�8	�E �>�3�+�E	�+�8�)�6�9�=�+�*�E	�<�+�=�9�6�?�>�4�9�8��E
��8�)�6�9�=�?�<�+�=�E 1 
2 
3 
at the request of the Mayor 
4 
5 
6 	A PROPOSED RESOLUTION 
7 
8 
9 
10 	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 
11 
12 
13 
14 To approve a proposed final rulemaking amending Chapter 	68 of Title 29 of the District of 
15 Columbia Municipal Regulations, regarding the Grandparent Caregivers Pilot Program. 
16 
17 
RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 
18 resolution may be cited as the "Grandparent Caregivers Eligibility Determination Rules 
19 Approval Resolution of 2024". 
20 Sec. 
2. Pursuant to section 106 of the Grandparent Caregivers Pilot Program 
21 Establishment Act of 2005, effective March 8, 2006 (D.C. Law 16-69; D.C. Official Code§ 4-
22 251.06), the Council approves the proposed final rulemaking 	of the Director of the Child and 
23 Family Services Agency to amend section 6802.1 of Chapter 68 (Grandparent Caregivers Pilot 
24 Program Subsidies) 
of Title 29 (Public Welfare) of the District of Columbia Municipal 
25 Regulations regarding the Grandparent Caregivers Pilot Program, which was transmitted to the 
26 Council by the Mayor on September 25, 2024, and a notice 
of proposed rulemaking for which 
27 was published in the District 
of Columbia Register on May 31, 2024, at 	71 DCR 6500. 
28 Sec. 3. Transmittal. 
29 The Council shall transmit a copy 
of this resolution, upon its adoption, 	to the Mayor, the 
30 Director of the Child and Family Services Agency, and the Administrator 	of the Office of 
31 Documents and Administrative Issuances. 
1  2 
 
 Sec. 4.  Fiscal impact statement. 32 
 The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal 33 
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 34 
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-	301.47a). 35 
 Sec. 5.  Effective date. 36 
This resolution shall take effect immediately. 37  1 
 
CHILD AND FAMILY SERVICES AGENCY 
 
NOTICE OF PROPOSED RULEMAKING 
 
The Director of the Child and Family Services Agency, pursuant to the authority set forth in 	sections 
102 and 106 of the Grandparent Caregivers Pilot Program Establishment Act of 2005, effective March 
8, 2006 (D.C. Law 16-	69; D.C. Official Code §§  4-251.02, 4-251.06) (“Act”), and Mayor’s Order 
2006-38, dated March 20, 2006, 	hereby gives notice of his intent to adopt the following amendments 
to Chapter 68 (Grandparent Caregivers Pilot Program Subsidies) of Title 29 (Public Welfare) of the 
District of Columbia Municipal Regulations (“DCMR”) in not less than thirty (30) days after the date 
of publication of this notice in the District of Columbia Register, and following the review by the 
Council of the District of Columbia (“Council”) as required by section 106 of the Act. Pursuant to 
that section, the proposed rules will be transmitted to the Council and will be deemed approved upon 
the Council’s approval of the rules by resolution or the expiration of the Council’s thirty (30) day 
review period, whichever occurs first.   
 
The proposed amendment eliminates the requirement that an applicant to the Grandparent Caregivers 
Pilot Program receive a Temporary Assistance for Needy Families (“TANF	”) determination for the 
child for whom the applicant is the primary caregiver as a condition of eligibility 	to receive a subsidy 
through the program. CFSA anticipates that eliminating this requirement will reduce the time it takes 
for applicants to submit a completed application and receive a subsidy if eligible and approved.  
Applicants will still be required to have applied for TANF benefits for the child as a condition of 
eligibility.   
 
Title 29, PUBLIC WELFARE , of the DCMR is amended as follows: 
 
Chapter 68, GRANDPARENT CAREGIVERS PILOT PROGRAM SUBSI	DIES, is 
amended as follows:  
 
Subsection 6802.1(i) is amended to read as follows: 
 
(i) The applicant has applied for Temporary Assistance for Needy Families (TANF) 
benefits for the child through the Department of Human Services; 
 
 
All persons desiring to comment on the subject matter of this proposed rulemaking should file 
comments in writing within thirty (30) days after the date of publication of this notice in the 
District of Columbia Register. Comments should be filed with Nina Jones, General Counsel, Child 
and Family Services Agency, by mail or hand delivery to 200 I Street, SE Washington, DC 20003 
or by email to nina.jones@dc.gov 	or online at www.dcregs.dc.gov. Copies of these proposed rules 
may be obtained without charge at the address above or online at www.dcregs.dc.gov.  1 
 
CHILD AND FAMILY SERVICES AGENCY 
 
NOTICE OF FINAL RULEMAKING 
as submitted to the Council for its approval pursuant to section 106 of the Grandparent 
Caregivers Pilot Program Establishment Act of 2005, effective March 8, 2006 
(D.C. Law 16- 69; D.C. Official Code § 4-	251.06) 
 
The Director of the Child and Family Services Agency, 	pursuant to the authority set forth in 
sections 102 and 106 of the Grandparent Caregivers Pilot Program Establishment Act of 2005, 
effective March 8, 2006 (D.C. Law 16-69; D.C. Official Code §§  	4-251.02, 4-251.06) (“Act”), 
and Mayor’s Order 2006-38, dated March 20, 2006, 	hereby gives notice of his adoption of the 
following amendment to Chapter 68 (Grandparent Caregivers Pilot Program Subsidies) of Title 29 
(Public Welfare) of the District of Columbia Municipal Regulations ( “DCMR”). 
 
The amendment eliminates the requirement that an applicant to the Grandparent Caregivers Pilot 
Program receive a Temporary Assistance for Needy Families (“TANF	”) determination for the 
child for whom the applicant is the primary caregiver as a condition of eligibility to receive a 
subsidy through the program. CFSA anticipates that eliminating this requirement will reduce the 
time it takes for applicants to submit a completed application and receive a subsidy if eligible and 
approved.  Applicants will still be required to have applied for TANF benefits for the child as a 
condition of eligibility. 
 
A Notice of Proposed Rulemaking was published in the District of Columbia Register on May 31, 
2024, at 71 DCR 6500.  No comments were received.  A proposed final rulemaking was 
transmitted to the Council for its approval in accordance with section 106 of the Grandparent 
Caregivers Pilot Program Establishment Act of 2005, effective March 8, 2006 (D.C. Law 16-	69; 
D.C. Official Code § 4-251.06), pursuant to the Grandparent Caregivers Eligibility Determination 
Rules Approval Resolution of 2024, introduced on ------ 	(Proposed Res. 25---- ).  The resolution 
was deemed approved by the Council on -------, 2024. 
 
The Director of the Child and Family Services Agency adopted this rule as final on [date].  N	o 
changes were made to the text of the rule as proposed. 
 
The rule shall become effective on the date of publication of this notice in the District of Columbia 
Register. 
 
Title 29, PUBLIC WELFARE , of the DCMR is amended as follows: 
 
Chapter 68, GRANDPARENT CAREGIVERS PILOT PROGRAM SUBSI	DIES, is 
amended as follows:  
 
Subsection 6802.1(i) is amended to read as follows: 
 
(i) The applicant has applied for Temporary Assistance for Needy Families (TANF) 
benefits for the child through the Department of Human Services; 
  Government of the District of Columbia 
Office of the Chief Financial Officer 
 
Glen Lee 
Chief Financial Officer 
 
 
 
 
 
1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)727-2476 
www.cfo.dc.gov 
MEMORANDUM 
 
TO:   The Honorable Phil Mendelson 
 Chairman, Council of the District of Columbia 
 
FROM:   Glen Lee 
 Chief Financial Officer 
 
DATE:   June 28, 2024 
 
SUBJECT:  Fiscal Impact Statement – Grandparent Caregivers Eligibility 
Determination Rules Approval Resolution of 2024 
 
REFERENCE:  Draft Resolution as provided to the Office of Revenue Analysis on May 
22, 2024 
 
 
Conclusion 
 
Funds are sufficient in the proposed fiscal year 2025 through fiscal year 2028 budget and financial 
plan to implement the resolution. 
 
Background 
 
Under current regulations, an applicant to the Child and Family Services Administration Grandparent 
Caregivers Pilot Program
1 (“Program”) must obtain a Temporary Assistance for Needy Families 
(TANF) eligibility determination for the child at the time of application to the Program. 
 
The resolution approves a proposed rulemaking
2 eliminating this requirement. However, applicants 
will still be required to apply for TANF as a condition of ongoing Program eligibility.  
 
Financial Plan Impact 
 
Funds are sufficient in the proposed fiscal year 2025 through fiscal year 2028 budget and financial 
plan to implement the resolution. Program spending cannot exceed budgeted levels. The rule change 
will allow new participants to begin receiving benefits earlier, but it is not expected to change overall 
 
1
 D.C. Official Code §  4-251.02. 
2
 29 DCMR 6802.1 Grandparent Caregivers Pilot Program Subsidies Proposed Rulemaking, May 17, 2024.  The Honorable Phil Mendelson 
FIS: “Grandparent Caregivers Eligibility Determination Rules Approval Resolution of 2024”, Draft resolution 
as provided to the Office of Revenue Analysis on May 22, 2024. 
Page 2 of 2 
 
participation. It is possible a determination for TANF could be denied after a Program applicant has 
begun receiving benefits, but it is expected this will be a rare circumstance.   1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004   Phone (202) 724-5524   Email: megan.browder@dc.gov 
 
 
GOVERNMENT OF THE DISTRICT OF COLUMBIA 
OFFICE OF THE ATTORNEY GENERAL 
 
 
 
 
 
 
Legal Counsel Division 
    
 
MEMORANDUM 
 TO:              Tomás Talamante 
 Director 
          Office of Policy and Legislative Affairs 
         FROM:        Megan D. Browder 
                       Deputy Attorney General 
                       Legal Counsel Division DATE:           July 23, 2024 RE: Grandparent Caregivers Eligibility Determination Rules Approval Resolution of 
2024 
 (AE-24-349) 
_____________________________________________________________________________________ 
This is to Certify that the Office of the Attorney General has reviewed the 
legislation entitled the “Grandparent Caregivers Eligibility Determination Rule s Approval 
Resolution of 2024” 	and determined that it is legally sufficient. If you have any questions, please do 
not hesitate to call me at (202) 724-5524.    	_________________________________ 	Megan D. Browder