reglab/housing_qa huggingface dataset:
DC Code § 16-2382 (2021)
2021 District of Columbia Code|Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]|Chapter 23 - Family Division [Family Court] Proceedings|Subchapter V - Permanent Guardianship|§ 16-2382. Definitions

(a) For the purposes of this subchapter, the term: (1) “Agency having responsibility for the child” means the Mayor or his or her designee. (2) “Guardianship order” means the court document that establishes the permanent guardianship and enumerates the permanent guardian’s rights and responsibilities concerning the care, custody, and control of the child. (3) “Health care” includes, but is not limited to, ordinary and emergency medical, dental, psychological, psychiatric, and mental health care and treatment. (4) “Permanent guardian” means an individual or individuals designated by the court pursuant to this subchapter. (b) Except when inconsistent with this subchapter, the terms found in this subchapter shall be given the same definition as provided in section 16-2301.  (Apr. 4, 2001, D.C. Law 13-273, § 3(b), 48 DCR 1637.)  Emergency Legislation For temporary (90 day) addition of section, see § 3(b) of the Foster Children’s Guardianship Legislative Review Emergency Act of 2000 (D.C. Act 13-490, December 18, 2000, 48 DCR 63). For temporary (90 day) addition of section, see § 3(c) of Foster Children’s Guardianship Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-4, February 13, 2001, 48 DCR 2254). Temporary Legislation For temporary (225 day) addition of subchapter V, “Permanent Guardianship”, consisting of §§ 16-2381 to 16-2399., see § 3(b) of the Foster Children’s Guardianship Temporary Act of 2000 (D.C. Law 13-208, April 4, 2001, law notification 48 DCR 3239).
DC Code § 16-2383 (2021)
2021 District of Columbia Code|Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]|Chapter 23 - Family Division [Family Court] Proceedings|Subchapter V - Permanent Guardianship|§ 16-2383. Grounds for the creation of a permanent guardianship

(a) A guardianship order may not be entered unless the child has been adjudicated to be neglected pursuant to section 16-2317 and has been living with the proposed permanent guardian for at least 6 months. (b) If the child is 14 years of age or older, the court shall designate the permanent guardian selected by the child unless the court finds that the designation is contrary to the child’s best interests. (c) The court may issue a guardianship order only if the court finds that: (1) The permanent guardianship is in the child’s best interests; (2) Adoption, termination of parental rights, or return to parent is not appropriate for the child; and (3) The proposed permanent guardian is suitable and able to provide a safe and permanent home for the child. (d) In determining whether it is in the child’s best interests that a permanent guardian be designated, the court shall consider each of the following factors: (1) The child’s need for continuity of care and caretakers, and for timely integration into a stable and permanent home, taking into account the differences in the development and the concept of time of children of different ages; (2) The physical, mental, and emotional health of all individuals involved to the degree that each affects the welfare of the child, the decisive consideration being the physical, mental, and emotional needs of the child; (3) The quality of the interaction and interrelationship of the child with his or her parent, siblings, relatives, and caretakers, including the proposed permanent guardian; (4) To the extent feasible, the child’s opinion of his or her own best interests in the matter; and (5) Evidence that drug-related activity continues to exist in a child’s home environment after intervention and services have been provided pursuant to section 6-2104.01 [§ 4-1301.06a]. Evidence of continued drug-activity shall be given great weight.  (Apr. 4, 2001, D.C. Law 13-273, § 3(b), 48 DCR 1637.)  Emergency Legislation For temporary (90 day) addition of section, see § 3(b) of the Foster Children’s Guardianship Legislative Review Emergency Act of 2000 (D.C. Act 13-490, December 18, 2000, 48 DCR 63). For temporary (90 day) addition of section, see § 3(c) of Foster Children’s Guardianship Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-4, February 13, 2001, 48 DCR 2254). Temporary Legislation For temporary (225 day) addition of subchapter V, “Permanent Guardianship”, consisting of §§ 16-2381 to 16-2399., see § 3(b) of the Foster Children’s Guardianship Temporary Act of 2000 (D.C. Law 13-208, April 4, 2001, law notification 48 DCR 3239).
DC Code § 16-2384 (2021)
2021 District of Columbia Code|Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]|Chapter 23 - Family Division [Family Court] Proceedings|Subchapter V - Permanent Guardianship|§ 16-2384. Motions

(a) A motion for permanent guardianship may be filed by the proposed permanent guardian, the District of Columbia government, or by the child through his or her legal representative. (b) A motion for a permanent guardianship may be filed any time after a neglect petition is filed pursuant to section 16-2305. (c) A motion for permanent guardianship shall include: (1) The name, sex, date and place of birth, and current placement of the child; (2) The proposed permanent guardian’s name and relationship to the child; (3) The name and address of the child’s parents; (4) A plain and concise statement of the facts and opinions on which the permanent guardianship is sought; (5) A description of the child’s mental and physical health; (6) A statement why permanent guardianship, rather than adoption, termination of parental rights, or return to parent, is in the child’s best interests; (7) A statement as to the various efforts taken by the moving party to locate the parent of the child; (8) An itemization of the child’s assets; (9) A statement of compliance with Chapter 3 of Title 21, if applicable; (10) The name of proposed successor guardians, if any, and their relationship to the child and proposed permanent guardians; (11) Information required by Chapter 45 of Title 16; and (12) Written consents, if any, to the permanent guardianship. (d) When any facts required pursuant to subsection (c) of this section are not known to the moving party, if he or she shall so state in the motion, or on a motion by any party, the court, for good cause shown, may direct the filing of a bill of particulars to inform the moving party of the precise nature of the allegations of neglect.  (Apr. 4, 2001, D.C. Law 13-273, § 3(b), 48 DCR 1637.)  Section References This section is referenced in § 16-2398. Emergency Legislation For temporary (90 day) addition of section, see § 2(b) of the Foster Children’s Guardianship Legislative Review Emergency Act of 2000 (D.C. Act 13-490, December 18, 2000, 48 DCR 63). For temporary (90 day) addition of section, see § 3(c) of Foster Children’s Guardianship Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-4, February 13, 2001, 48 DCR 2254). Temporary Legislation For temporary (225 day) addition of subchapter V, “Permanent Guardianship”, consisting of §§ 16-2381 to 16-2399., see § 3(b) of the Foster Children’s Guardianship Temporary Act of 2000 (D.C. Law 13-208, April 4, 2001, law notification 48 DCR 3239).
DC Code § 16-2385 (2021)
2021 District of Columbia Code|Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]|Chapter 23 - Family Division [Family Court] Proceedings|Subchapter V - Permanent Guardianship|§ 16-2385. Parties

Parties to a permanent guardianship proceeding shall be the child, the parents of the named child, the proposed permanent guardian, the agency having the legal custody of the child, and the District of Columbia. The court may, at its discretion, on its own motion, or in response to a motion for joinder or intervention, join additional parties to a guardianship proceeding.  (Apr. 4, 2001, D.C. Law 13-273, § 3(b), 48 DCR 1637.)  Emergency Legislation For temporary (90 day) addition of section, see § 2(b) of the Foster Children’s Guardianship Legislative Review Emergency Act of 2000 (D.C. Act 13-490, December 18, 2000, 48 DCR 63). For temporary (90 day) addition of section, see § 3(c) of Foster Children’s Guardianship Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-4, February 13, 2001, 48 DCR 2254). Temporary Legislation For temporary (225 day) addition of subchapter V, “Permanent Guardianship”, consisting of §§ 16-2381 to 16-2399., see § 3(b) of the Foster Children’s Guardianship Temporary Act of 2000 (D.C. Law 13-208, April 4, 2001, law notification 48 DCR 3239).
DC Code § 16-2386 (2021)
2021 District of Columbia Code|Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]|Chapter 23 - Family Division [Family Court] Proceedings|Subchapter V - Permanent Guardianship|§ 16-2386. Notice

(a) When a motion for permanent guardianship is filed, the court shall promptly set a time for an adjudicatory hearing and shall cause notice thereof to be given to all parties. (b) The court shall direct the issuance to and personal service upon the child’s parents of a summons and a copy of the motion for permanent guardianship. (c) When it is appropriate to the proper disposition of the case, the court may direct the service of a summons upon other persons. (d) If personal service under this section cannot be effected, then notice shall be made constructively pursuant to rules of the Superior Court of the District of Columbia.  (Apr. 4, 2001, D.C. Law 13-273, § 3(b), 48 DCR 1637.)  Emergency Legislation For temporary (90 day) addition of section, see § 2(b) of the Foster Children’s Guardianship Legislative Review Emergency Act of 2000 (D.C. Act 13-490, December 18, 2000, 48 DCR 63). For temporary (90 day) addition of section, see § 3(c) of Foster Children’s Guardianship Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-4, February 13, 2001, 48 DCR 2254). Temporary Legislation For temporary (225 day) addition of subchapter V, “Permanent Guardianship”, consisting of §§ 16-2381 to 16-2399., see § 3(b) of the Foster Children’s Guardianship Temporary Act of 2000 (D.C. Law 13-208, April 4, 2001, law notification 48 DCR 3239).
DC Code § 16-2387 (2021)
2021 District of Columbia Code|Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]|Chapter 23 - Family Division [Family Court] Proceedings|Subchapter V - Permanent Guardianship|§ 16-2387. Conduct of hearings

(a) All hearings and proceedings conducted pursuant to this subchapter shall be held by a judge, without a jury. (b) All hearings and proceedings conducted pursuant to this subchapter shall be recorded by appropriate means. (c) Except in hearings to declare a person in contempt of court, the general public shall be excluded from hearings and proceedings arising pursuant to this subchapter. Only persons necessary to such hearings and proceedings shall be admitted, but the court may, pursuant to rules of the Superior Court of the District of Columbia, admit such other persons as have a proper interest in the case or the work of the Division on the condition that they refrain from divulging information identifying the child involved in the proceedings or members of his or her family. (d) If the court finds it is in the child’s best interests, the child may be temporarily excluded from any proceeding. Under no circumstances, however, may counsel in the case be excluded.  (Apr. 4, 2001, D.C. Law 13-273, § 3(b), 48 DCR 1637.)  Emergency Legislation For temporary (90 day) addition of section, see § 2(b) of the Foster Children’s Guardianship Legislative Review Emergency Act of 2000 (D.C. Act 13-490, December 18, 2000, 48 DCR 63). For temporary (90 day) addition of section, see § 3(c) of Foster Children’s Guardianship Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-4, February 13, 2001, 48 DCR 2254). Temporary Legislation For temporary (225 day) addition of subchapter V, “Permanent Guardianship”, consisting of §§ 16-2381 to 16-2399., see § 3(b) of the Foster Children’s Guardianship Temporary Act of 2000 (D.C. Law 13-208, April 4, 2001, law notification 48 DCR 3239).
DC Code § 16-2388 (2021)
2021 District of Columbia Code|Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]|Chapter 23 - Family Division [Family Court] Proceedings|Subchapter V - Permanent Guardianship|§ 16-2388. Adjudicatory hearings

(a) The court shall begin the adjudicatory hearing by determining whether all parties are present and whether proper notice of the hearing has been given. If a parent has been given proper notice but fails to appear, the court may proceed in the parent’s absence. (b) The court shall hear evidence presented by the moving party and the burden of proof shall rest upon the moving party. (c) Every party shall have the right to present evidence, to be heard in his or her own behalf, and to cross-examine witnesses called by another party. (d) All evidence which is relevant, material, and competent to the issues before the court shall be admitted. (e) Notwithstanding the provisions of sections 14-306 and 14-307, neither the spouse or domestic partner privilege nor the physician/client or mental health professional/client privilege shall be a ground for excluding evidence in any proceeding brought under this subchapter. (f) The court may enter, modify, or terminate a guardianship order after considering all of the evidence presented, including the Mayor’s report and recommendation, and after making a determination based upon a preponderance of the evidence that creation, modification, or termination of the guardianship order is in the child’s best interests. If the court does not find that sufficient grounds exist to create, modify, or terminate a guardianship order, the motion may be dismissed.  (Apr. 4, 2001, D.C. Law 13-273, § 3(b), 48 DCR 1637; Sept. 12, 2008, D.C. Law 17-231, § 20(i), 55 DCR 6758.)  Section References This section is referenced in § 16-2395 and § 16-2397. Effect of Amendments D.C. Law 17-231, in subsec. (e), substituted “spouse or domestic partner” for “husband/wife”. Emergency Legislation For temporary (90 day) addition of section, see § 2(b) of the Foster Children’s Guardianship Legislative Review Emergency Act of 2000 (D.C. Act 13-490, December 18, 2000, 48 DCR 63). For temporary (90 day) addition of section, see § 3(c) of Foster Children’s Guardianship Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-4, February 13, 2001, 48 DCR 2254). Temporary Legislation For temporary (225 day) addition of subchapter V, “Permanent Guardianship”, consisting of §§ 16-2381 to 16-2399., see § 3(b) of the Foster Children’s Guardianship Temporary Act of 2000 (D.C. Law 13-208, April 4, 2001, law notification 48 DCR 3239).
DC Code § 16-2390 (2021)
2021 District of Columbia Code|Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]|Chapter 23 - Family Division [Family Court] Proceedings|Subchapter V - Permanent Guardianship|§ 16-2390. Jurisdiction

(a) Subject to subsection (b) of this section, the court shall have jurisdiction to enter guardianship order and shall retain jurisdiction to enforce, modify, or terminate a guardianship order until a child reaches 21 years of age; provided, that when the child reaches 18 years of age, the child consents and the court finds it is in the best interest of the child. (b) A child who exits foster care to guardianship may not reenter foster care after age 18.  (Apr. 4, 2001, D.C. Law 13-273, § 3(b), 48 DCR 1637; Sept. 24, 2010, D.C. Law 18-230, § 502(a), 57 DCR 6951.)  Effect of Amendments D.C. Law 18-230 rewrote the section, which had read as follows: “The court shall retain jurisdiction to enforce, modify, or terminate a guardianship order until the child reaches 18 years of age. If the court finds that it is in the child’s best interest and if the child consents, the court may retain jurisdiction until the child reaches 21 years of age.” Emergency Legislation For temporary (90 day) addition of section, see § 2(b) of the Foster Children’s Guardianship Legislative Review Emergency Act of 2000 (D.C. Act 13-490, December 18, 2000, 48 DCR 63). For temporary (90 day) addition of section, see § 3(c) of Foster Children’s Guardianship Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-4, February 13, 2001, 48 DCR 2254). For temporary (90 day) amendment of section, see § 3(a) of Adoption and Guardianship Subsidy Emergency Amendment Act of 2010 (D.C. Act 18-393, May 7, 2010, 57 DCR 4346). Temporary Legislation For temporary (225 day) amendment of section, see § 3(a) of the Adoption and Guardianship Subsidy Temporary Amendment Act of 2010 (D.C. Law 18-208, July 27, 2010, law notification 57 DCR 7547). For temporary (225 day) addition of subchapter V, “Permanent Guardianship”, consisting of §§ 16-2381 to 16-2399, see § 3(b) of the Adoption and Guardianship Subsidy Temporary Amendment Act of 2010 (D.C. Law 18-208, July 27, 2010, law notification 57 DCR 7547).
DC Code § 16-2391 (2021)
2021 District of Columbia Code|Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]|Chapter 23 - Family Division [Family Court] Proceedings|Subchapter V - Permanent Guardianship|§ 16-2391. Relocation

The permanent guardian shall not relocate with the child over 100 miles from his or her place of residence at the time the guardianship order is entered without filing a notice with the court, which is personally served on all parties, 15 business days before the relocation.  (Apr. 4, 2001, D.C. Law 13-273, § 3(b), 48 DCR 1637.)  Emergency Legislation For temporary (90 day) addition of section, see § 2(b) of the Foster Children’s Guardianship Legislative Review Emergency Act of 2000 (D.C. Act 13-490, December 18, 2000, 48 DCR 63). For temporary (90 day) addition of section, see § 3(c) of Foster Children’s Guardianship Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-4, February 13, 2001, 48 DCR 2254). Temporary Legislation For temporary (225 day) addition of subchapter V, “Permanent Guardianship”, consisting of §§ 16-2381 to 16-2399, see § 3(b) of the Adoption and Guardianship Subsidy Temporary Amendment Act of 2010 (D.C. Law 18-208, July 27, 2010, law notification 57 DCR 7547).
DC Code § 16-2392 (2021)
2021 District of Columbia Code|Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]|Chapter 23 - Family Division [Family Court] Proceedings|Subchapter V - Permanent Guardianship|§ 16-2392. Guardianship order; finality; appeals; transcripts

(a) Every guardianship order shall be in writing and shall recite the findings upon which such order is based, including findings pertaining to the court’s jurisdiction. (b) Except as otherwise expressly provided by law, in all hearings and cases tried before the court pursuant to this subchapter, the judgment of the court shall be final. (c) In all appeals from decisions of the court with respect to an order under this subchapter, the child shall be identified only by initials in all transcripts, briefs, and other papers filed, and all necessary steps, as prescribed by rule of the District of Columbia Court of Appeals, shall be taken to protect the identity of the child. (d) Upon the filing of a motion and supporting affidavit stating that he or she is financially unable to purchase a transcript, a party who has filed notice of appeal or of interlocutory appeal of an order under this subchapter shall be furnished, at no cost or at such part of cost as he or she is able to pay, so much of the transcript as is necessary to prepare adequately and support the appeal. (e) An appeal does not operate to stay the order, judgment, or decree appealed from, but whenever the case is properly before the appellate court, that court, on application and hearing, may order otherwise if suitable provision is made in the order for the care and custody of the child.  (Apr. 4, 2001, D.C. Law 13-273, § 3(b), 48 DCR 1637.)  Emergency Legislation For temporary (90 day) addition of section, see § 2(b) of the Foster Children’s Guardianship Legislative Review Emergency Act of 2000 (D.C. Act 13-490, December 18, 2000, 48 DCR 63). For temporary (90 day) addition of section, see § 3(c) of Foster Children’s Guardianship Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-4, February 13, 2001, 48 DCR 2254). Temporary Legislation For temporary (225 day) addition of subchapter V, “Permanent Guardianship”, consisting of §§ 16-2381 to 16-2399, see § 3(b) of the Adoption and Guardianship Subsidy Temporary Amendment Act of 2010 (D.C. Law 18-208, July 27, 2010, law notification 57 DCR 7547).
DC Code § 16-2393 (2021)
2021 District of Columbia Code|Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]|Chapter 23 - Family Division [Family Court] Proceedings|Subchapter V - Permanent Guardianship|§ 16-2393. Confidentiality of records

The provisions of sections 16-2332 and 16-2333 shall apply to all records and files that are created pursuant to proceedings under this subchapter.  (Apr. 4, 2001, D.C. Law 13-273, § 3(b), 48 DCR 1637.)  Section References This section is referenced in § 16-2394. Emergency Legislation For temporary (90 day) addition of section, see § 2(b) of the Foster Children’s Guardianship Legislative Review Emergency Act of 2000 (D.C. Act 13-490, December 18, 2000, 48 DCR 63). For temporary (90 day) addition of section, see § 3(c) of Foster Children’s Guardianship Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-4, February 13, 2001, 48 DCR 2254). Temporary Legislation For temporary (225 day) addition of subchapter V, “Permanent Guardianship”, consisting of §§ 16-2381 to 16-2399, see § 3(b) of the Adoption and Guardianship Subsidy Temporary Amendment Act of 2010 (D.C. Law 18-208, July 27, 2010, law notification 57 DCR 7547).
DC Code § 16-2394 (2021)
2021 District of Columbia Code|Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]|Chapter 23 - Family Division [Family Court] Proceedings|Subchapter V - Permanent Guardianship|§ 16-2394. Unlawful disclosure

Whoever willfully discloses, receives, makes use of, or knowingly permits the use of information concerning a child or other person in violation of section 16-2393 shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than the amount set forth in [§ 22-3571.01] or imprisoned for not more than 90 days, or both. A violation of this section shall be prosecuted by the Corporation Counsel of the District of Columbia.  (Apr. 4, 2001, D.C. Law 13-273, § 3(b), 48 DCR 1637; June 11, 2013, D.C. Law 19-317, § 281(f), 60 DCR 2064.)  Effect of Amendments The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in [§ 22-3571.01]” for “not more than $250”. Emergency Legislation For temporary (90 day) addition of section, see § 2(b) of the Foster Children’s Guardianship Legislative Review Emergency Act of 2000 (D.C. Act 13-490, December 18, 2000, 48 DCR 63). For temporary (90 day) addition of section, see § 3(c) of Foster Children’s Guardianship Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-4, February 13, 2001, 48 DCR 2254). For temporary (90 days) amendment of this section, see § 281(f) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300). Temporary Legislation For temporary (225 day) addition of subchapter V, “Permanent Guardianship”, consisting of §§ 16-2381 to 16-2399, see § 3(b) of the Adoption and Guardianship Subsidy Temporary Amendment Act of 2010 (D.C. Law 18-208, July 27, 2010, law notification 57 DCR 7547). Editor's Notes Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.