2023 District of Columbia Code › Title 14 - Proof. [Enacted title] › Chapter 3 - Competency of Witnesses › § 14–310. Domestic violence counselors

§ 14–310. Domestic violence counselors.
*NOTE: This section includes amendments by temporary legislation that will expire on March 29, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*
(a) For the purposes of this section, the term:
(1) “Confidential communication” means information exchanged between a victim and a domestic violence counselor during the course of the counselor providing counseling, support, and assistance to a victim, including all records kept by the counselor and the domestic violence program concerning the victim and services provided to the victim.
(2) “Domestic violence counselor” means an employee, contractor, or volunteer of a domestic violence program who:
(A) Is rendering support, counseling, or assistance to a victim;
(B) Has undergone not less than 40 hours of domestic violence counselor training conducted by a domestic violence program that includes dynamics of domestic violence, trauma resulting from domestic violence, crisis intervention, personal safety, risk management, criminal and civil court processes, and resources available to victims; and
(C)(i) Is or is under the supervision of a licensed social worker, nurse, physician, psychologist, or psychotherapist; or
(ii) Is or is under the supervision of a person who has a minimum of 5 years of experience rendering support, counseling, or assistance to persons against whom severe emotional abuse or a criminal offense has been committed or is alleged to have been committed, of which at least 2 years of experience involves victims.
(3) “Domestic violence program” means a nonprofit, non-governmental organization that supports, counsels, and assists victims, including domestic violence hotlines, domestic violence shelters, and domestic violence intake centers.
(4) “Intrafamily offense” shall have the same meaning as provided in § 16-1001(8).
(5) “Victim” means a person against whom severe emotional abuse or an intrafamily offense has been committed or is alleged to have been committed.
(b)(1) A domestic violence counselor shall not disclose a confidential communication except:
(A) As required by statute or by a court of law;
(B) As voluntarily authorized in writing by the victim;
(C) To other individuals employed at the domestic violence program and third party providers when and to the extent necessary to facilitate the delivery of services to the victim;
(D) To the Metropolitan Police Department or other law enforcement agency to the extent necessary to protect the victim or another individual from a substantial risk of imminent and serious physical injury;
(E) To compile statistical or anecdotal information, without personal identifying information, for research or public information purposes; or
(F) For any confidential communications relevant to a claim or defense if the victim files a lawsuit against a domestic violence counselor or a domestic violence program.
(2) Unless the disclosure is public, confidential communications disclosed pursuant to paragraph (1) of this subsection shall not be further disclosed by the recipient except as authorized in paragraph (1) of this subsection.
(3) Confidential communications are not waived by the presence of a sign language or foreign language interpreter. Such an interpreter is subject to the same disclosure limitations set forth in paragraph (1) of this subsection and the same privilege set forth in subsection (c) of this section.
(4) Notwithstanding any other law, domestic violence counselors shall report to the Metropolitan Police Department or the Child and Family Services Agency any crime disclosed in a confidential communication if the domestic violence counselor has actual knowledge that the crime disclosed to the domestic violence counselor involves:
(A) A victim under the age of 13;
(B) A perpetrator or alleged perpetrator with whom a victim under 18 years of age has a significant relationship, as that term is defined in § 22-3001(10); or
(C) A perpetrator or alleged perpetrator who is more than 4 years older than a victim who is under 18 years of age.
(c)(1) Except as provided in paragraph (2) of this subsection, when a victim is under 13 years of age, has been adjudicated incompetent by a court of competent jurisdiction for the purpose of asserting or waiving the privilege established by this section, or is deceased, the victim’s parent, guardian, or personal representative may assert or waive the privilege.
(2) If the parent, guardian, or personal representative of a victim described in paragraph (1) of this subsection has been charged with an intrafamily offense or has had a protection order or a neglect petition entered against him or her at the request of or on behalf of the victim, or otherwise has interests adverse to those of the victim with respect to the assertion or waiver of the privilege, the court shall appoint an attorney for purposes of asserting or waiving the privilege.
(d) The assertion of any privilege under this section is not admissible in evidence.
(Mar. 2, 2007, D.C. Law 16-204, § 3(c), 53 DCR 9059; Mar. 25, 2009, D.C. Law 17-368, § 4(d), 56 DCR 1338; Apr. 6, 2023, D.C. Law 24-341, § 107(b), 69 DCR 14698; Aug. 17, 2023, D.C. Law 25-41, § 4(a), 70 DCR 9042.)
Section References
This section is referenced in § 4-551, § 4-1321.02, § 14-307, § 32-131.04, and § 42-3505.07.
Effect of Amendments
D.C. Law 17-368, in subsec. (a)(4), substituted “§ 16-1001(8)” for “§ 16-1001(5)”.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 4(a) of Comprehensive Policing and Justice Reform Technical Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-197, July 27, 2023, 70 DCR 10742).
For temporary (90 days) amendment of this section, see § 4(a) of Comprehensive Policing and Justice Reform Technical Emergency Amendment Act of 2023 (D.C. Act 25-115, May 24, 2023, 70 DCR 7944).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 4(a) of Comprehensive Policing and Justice Reform Technical Temporary Amendment Act of 2023 (D.C. Law 25-41, Aug. 17, 2023, 70 DCR 9042).