reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 23 - Family Division [Family Court] Proceedings › Subchapter I - Proceedings Regarding Delinquency, Neglect, or Need of Supervision › § 16–2336. Unlawful disclosure of records; penalties

§ 16–2336. Unlawful disclosure of records; penalties.
Whoever willfully discloses, receives, makes use of, or knowingly permits the use of information concerning a child or other person in violation of sections 16-2331 through 16-2335 and 16-2335.02 , shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined of not more than the amount set forth in [§ 22-3571.01] or imprisoned not more than ninety days, or both. Violations of this section shall be prosecuted by the Corporation Counsel in the name of the District of Columbia.
(July 29, 1970, 84 Stat. 543, Pub. L. 91-358, title I, § 121(a); Sept. 23, 1977, D.C. Law 2-22, title IV, § 408(a), 24 DCR 3341; Apr. 30, 1988, D.C. Law 7-104, § 4(q), 35 DCR 147; June 11, 2013, D.C. Law 19-317, § 281(c), 60 DCR 2064; Apr. 4, 2017, D.C. Law 21-238, § 102(l), 63 DCR 15312.)
Prior Codifications
1981 Ed., § 16-2336.
1973 Ed., § 16-2336.
Section References
This section is referenced in § 16-2316, § 16-2331, and § 16-2332.
Effect of Amendments
The 2013 amendment by D.C. Law 19-317 substituted “of not more than the amount set forth in [§ 22-3571.01]” for “not more than $250”.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 281(c) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).
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.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 23 - Family Division [Family Court] Proceedings › Subchapter I - Proceedings Regarding Delinquency, Neglect, or Need of Supervision › § 16–2337. Additional powers of the Director of Social Services

§ 16–2337. Additional powers of the Director of Social Services.
In addition to the powers and duties prescribed in section 11-1722 , the Director of Social Services shall have power to take into custody and place in detention or shelter care, in accordance with this subchapter, children who are under his supervision as delinquent or in need of supervision, children on probation and under the Director’s supervision, when the Director has reasonable cause to believe they have violated one or more conditions of their probation, or children who have run away from agencies or institutions to which they were committed under this subchapter.
(July 29, 1970, 84 Stat. 543, Pub. L. 91-358, title I, § 121(a); Sept. 23, 1977, D.C. Law 2-22, title IV, § 408(a), 24 DCR 3341; Apr. 20, 1999, D.C. Law 12-258, § 2(b), 46 DCR 1314; Apr. 4, 2001, D.C. Law 13-277, § 3(a)(8), 48 DCR 2043.)
Prior Codifications
1981 Ed., § 16-2337.
1973 Ed., § 16-2337.
Section References
This section is referenced in § 16-2309.
Effect of Amendments
D.C. Law 13-277 substituted “or” for “,” following “delinquent”.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 23 - Family Division [Family Court] Proceedings › Subchapter I - Proceedings Regarding Delinquency, Neglect, or Need of Supervision › § 16–2338. Emergency medical treatment

§ 16–2338. Emergency medical treatment.
Nothing in this subchapter shall prevent a public agency having custody of a child who is under jurisdiction of the Division from providing the child with emergency medical treatment.
(July 29, 1970, 84 Stat. 543, Pub. L. 91-358, title I, § 121(a); Sept. 23, 1977, D.C. Law 2-22, title IV, § 408(a), 24 DCR 3341.)
Prior Codifications
1981 Ed., § 16-2338.
1973 Ed., § 16-2338.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 23 - Family Division [Family Court] Proceedings › Subchapter I - Proceedings Regarding Delinquency, Neglect, or Need of Supervision › § 16–2339. Immunity for juveniles who are witnesses in juvenile proceedings

§ 16–2339. Immunity for juveniles who are witnesses in juvenile proceedings.
(a) Whenever a child, other than a child transferred for criminal prosecution pursuant to section 16-2307, who is called as a witness refuses on the basis of the privilege against self-incrimination to testify or provide other information in or ancillary to a delinquency proceeding brought under this chapter in the Family Division, and the person presiding over the proceeding communicates to the witness an order issued under subsection (c) of this section, the witness may not refuse to comply with the order on the basis of the privilege against self-incrimination. However, no testimony or other information compelled under the order (or any information directly or indirectly derived from such testimony or other information) may be used against the witness except in a proceeding for perjury, giving a false statement, or otherwise failing to comply with the order.
(b) The Corporation Counsel may request an order under subsection (c) of this section when the testimony or other information may be necessary to the public interest, and the child called as a witness has refused or is likely to refuse to testify or provide other information on the basis of the privilege against self-incrimination.
(c) When any child, other than a child transferred for criminal prosecution pursuant to section 16-2307, has been or may be called to testify or provide other information in or ancillary to a delinquency proceeding brought under this chapter in the Family Division, and the Corporation Counsel has made a request under subsection (b) of this section, the judge presiding over the proceeding shall issue an order requiring the child to give testimony or provide other information which was refused on the basis of the privilege against self-incrimination. An order issued pursuant to this subsection shall become effective as provided in subsection (a) of this section.
(May 21, 1994, D.C. Law 10-118, § 2, 41 DCR 1637.)
Prior Codifications
1981 Ed., § 16-2339.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 23 - Family Division [Family Court] Proceedings › Subchapter II - Parentage Proceedings › § 16–2341. Representation

§ 16–2341. Representation.
(a) Where a public support burden has been incurred or is threatened, or where an individual seeks assistance pursuant to part D in title IV of the Social Security Act approved January 4, 1975 (88 Stat. 2351; 42 U.S.C. 651 et seq.), the Corporation Counsel or an assistant may bring a civil action in the Family Division to enforce support of any parent or child against an absent parent.
(b) In all cases over which the Division has jurisdiction under paragraphs (3), (4), (10), and (11) of section 11-1101, where the court deems it necessary and proper, an attorney shall be appointed by the court to represent the respondent.
(c) Nothing in this section shall be construed to interfere with the right of an individual to file a civil action over which the Division has jurisdiction under the paragraphs of section 11-1101 referred to in subsection (b).
(Dec. 23, 1963, 77 Stat. 591, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 544, Pub. L. 91-358, title I, § 121(a); Oct. 1, 1976, D.C. Law 1-87, § 20(a), 23 DCR 2544; Feb. 24, 1987, D.C. Law 6-166, § 33(a)(6), 33 DCR 6710; Mar. 24, 1998, D.C. Law 12-81, § 10(ff), 45 DCR 745.)
Prior Codifications
1981 Ed., § 16-2341.
1973 Ed., § 16-2341.
Cross References
Family Court of the Superior Court, jurisdiction, see § 11-1101.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 23 - Family Division [Family Court] Proceedings › Subchapter II - Parentage Proceedings › § 16–2343.02. Sanctions

§ 16–2343.02. Sanctions.
If any party refuses to submit to a test the party may be punished by contempt or by other sanctions that the court considers appropriate.
(Sept. 26, 1984, D.C. Law 5-123, § 3, 31 DCR 4056.)
Prior Codifications
1981 Ed., § 16-2343.2.
Editor's Notes
Section 28(c)(7) of D.C. Law 15-354 provided that the section designation of § 16-2343.2 of the District of Columbia Official Code is redesignated as § 16-2343.02.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 23 - Family Division [Family Court] Proceedings › Subchapter II - Parentage Proceedings › § 16–2343.04. No right to jury trial

§ 16–2343.04. No right to jury trial.
The parties to an action to establish parentage are not entitled to a jury trial.
(Apr. 3, 2001, D.C. Law 13-269, § 106(p), 48 DCR 1270; July 18, 2008, D.C. Law 18-33, § 3(m), 56 DCR 4269.)
Effect of Amendments
D.C. Law 18-33 substituted “parentage” for “paternity”.
Emergency Legislation
For temporary addition of § 16-2343.4 1981 Ed., see § 5(r) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 5(r) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 5(r) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).
For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110).
For temporary addition of § 16-2343.4 1981 Ed., see § 105(r) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).
For temporary repeal of D.C. Law 12-210, see § 113 of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).
For temporary (90 day) addition of section, see § 105(r) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, October 24, 2000, 47 DCR 9213).
For temporary (90 day) addition of section, see § 106(p) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).
Temporary Legislation
For temporary (225 day) addition of section, see § 5(r) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).
For temporary (225 day) addition of section, see § 105(r) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).
For temporary (225 day) addition of section, see § 105(r) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 23 - Family Division [Family Court] Proceedings › Subchapter II - Parentage Proceedings › § 16–2344. Exclusion of public

§ 16–2344. Exclusion of public.
Upon trial or proceedings over which the Division has jurisdiction under paragraph (3), (4), (10), or (11) of section 11-1101 , the court may exclude the general public and, at the request of either party, shall exclude the general public.
(Dec. 23, 1963, 77 Stat. 592, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 544, Pub. L. 91-358, title I, § 121(a).)
Prior Codifications
1981 Ed., § 16-2344.
1973 Ed., § 16-2344.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 23 - Family Division [Family Court] Proceedings › Subchapter II - Parentage Proceedings › § 16–2346. Certificate to Registrar

§ 16–2346. Certificate to Registrar.
(a) Upon entry of a final judgment determining the parentage of a child, the clerk of the court shall forward a certificate to the Registrar of the District of Columbia, or his authorized representative in the jurisdiction in which the child was born, giving the names of the persons adjudged to be the parents of the child.
(b) Repealed.
(Dec. 23, 1963, 77 Stat. 592, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 545, Pub. L. 91-358, title I, § 121(a); Oct. 1, 1976, D.C. Law 1-87, § 20(e), 23 DCR 2544; Oct. 8, 1981, D.C. Law 4-34, § 29(h), 28 DCR 3271; July 18, 2008, D.C. Law 18-33, § 3(o), 56 DCR 4269.)
Prior Codifications
1981 Ed., § 16-2346.
1973 Ed., § 16-2346.
Section References
This section is referenced in § 16-2348.
Effect of Amendments
D.C. Law 18-33, in subsec. (a), deleted “born out of wedlock” following “child”, and substituted “parents” for “father and mother”.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 23 - Family Division [Family Court] Proceedings › Subchapter II - Parentage Proceedings › § 16–2347. Death of respondent; liability of estate

§ 16–2347. Death of respondent; liability of estate.
If the respondent dies after parentage has been established and prior to the time the child reaches the age at which the child ceases to be a minor, any sums due and unpaid under an order of the court at the time of his or her death shall constitute a valid claim against his or her estate.
(Dec. 23, 1963, 77 Stat. 592, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 545, Pub. L. 91-358, title I, § 121(a); Oct. 1, 1976, D.C. Law 1-87, § 20(f), 23 DCR 2544.)
Prior Codifications
1981 Ed., § 16-2347.
1973 Ed., § 16-2347.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 23 - Family Division [Family Court] Proceedings › Subchapter II - Parentage Proceedings › § 16–2349.01. Child support pendente lite

§ 16–2349.01. Child support pendente lite.
Upon motion of a party in a parentage or support action or proceeding, the Superior Court shall issue an order of child support pending a determination of parentage if there is clear and convincing evidence of parentage. Evidence of parentage may include a genetic test result that does not create a conclusive presumption of parentage pursuant to section 16-909(b-1)(1) .
(Apr. 3, 2001, D.C. Law 13-269, § 106(t), 48 DCR 1270; July 18, 2008, D.C. Law 18-33, § 3(q), 56 DCR 4269.)
Effect of Amendments
D.C. Law 18-33 substituted “parentage” for “paternity”.
Emergency Legislation
For temporary addition of § 16-2349.1 1981 Ed., see § 5(r) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. 12-222, December 23, 1997, 44 DCR 114).
For temporary addition of § 16-2349.1 1981 Ed., see § 105(v) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).
For temporary (90 day) addition of section, see § 105(v) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, October 24, 2000, 47 DCR 9213).
For temporary (90 day) addition of section, see § 106(t) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).
Temporary Legislation
For temporary (225 day) addition of section, see § 5(r) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254).
For temporary (225 day) addition of section, see § 5(v) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).
For temporary (225 day) addition of section, see § 105(v) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).
For temporary (225 day) addition of section, see § 105(v) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).
Editor's Notes
Section 28(c)(8) of D.C. Law 15-354 provided that the section designation of § 16-2349.1 of the District of Columbia Official Code is redesignated as § 16-2349.01.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 23 - Family Division [Family Court] Proceedings › Subchapter III - Proceedings Regarding the Termination of Parental Rights of Certain Neglected Children › § 16–2351. Purpose of the subchapter; construction of provisions

§ 16–2351. Purpose of the subchapter; construction of provisions.
(a) The general purposes of this subchapter are to:
(1) encourage stability in the lives of certain children who have been adjudicated neglected and have been removed from the custody of their parent by providing judicial procedures for the permanent termination of the parent and child relationship in the circumstances set forth in this subchapter;
(2) ensure that the constitutional rights of all parties are recognized and enforced in all proceedings conducted pursuant to this subchapter while ensuring that the fundamental needs of children are not subjugated to the interests of others; and
(3) increase the opportunities for the prompt adoptive placement of children for whom parental rights have been terminated.
(b) This subchapter shall be liberally construed to promote the general purposes stated in this section.
(Sept. 23, 1977, D.C. Law 2-22, title IV, § 410, 24 DCR 3341.)
Prior Codifications
1981 Ed., § 16-2351.
1973 Ed., § 16-2351.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 23 - Family Division [Family Court] Proceedings › Subchapter III - Proceedings Regarding the Termination of Parental Rights of Certain Neglected Children › § 16–2352. Definitions

§ 16–2352. Definitions.
(a) As used in this subchapter, unless the context otherwise requires:
(1) “Parent and child relationship” includes all rights, powers, privileges, immunities, duties and obligations existing under law between a parent and child, including rights of inheritance. The words apply equally to every child and every parent regardless of the marital status of the parents of the child.
(2) “termination of the parent and child relationship” means the adjudication that a child is free from the custody and control of either or both of his or her living parents by means of a court order that completely severs and extinguishes the parent and child relationship.
(b) The terms found in this subchapter which are defined in section 16-2301 of this chapter shall be given the same definition herein.
(Sept. 23, 1977, D.C. Law 2-22, title IV, § 410, 24 DCR 3341.)
Prior Codifications
1981 Ed., § 16-2352.
1973 Ed., § 16-2352.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 23 - Family Division [Family Court] Proceedings › Subchapter III - Proceedings Regarding the Termination of Parental Rights of Certain Neglected Children › § 16–2353. Grounds for termination of parent and child relationship

§ 16–2353. Grounds for termination of parent and child relationship.
(a) A judge may enter an order for the termination of the parent and child relationship when the judge finds from the evidence presented, after giving due consideration to the interests of all parties, that the termination is in the best interests of the child.
(b) In determining whether it is in the child’s best interests that the parent and child relationship be terminated, a judge 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 such 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, relative, and/or caretakers, including the foster parent;
(3A) the child was left by his or her parent, guardian, or custodian in a hospital located in the District of Columbia for at least 10 calendar days following the birth of the child, despite a medical determination that the child was ready for discharge from the hospital, and the parent, guardian, or custodian of the child has not taken any action or made any effort to maintain a parental, guardianship, or custodial relationship or contact with the child;
(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 106(a) of the Prevention of Child Abuse and Neglect Act of 1977, effective September 23, 1977 (D.C. Law 2-22; § 4-1301.06(a)). Evidence of continued drug-activity shall be given great weight.
(Sept. 23, 1977, D.C. Law 2-22, title IV, § 410, 24 DCR 3341; Mar. 15, 1990, D.C. Law 8-87, § 4(b), (c), 37 DCR 50; June 8, 1990, D.C. Law 8-134,§ 2(d), 37 DCR 2613; Mar. 24, 1998, D.C. Law 12-81, § 10(hh), 45 DCR 745; Apr. 20, 1999, D.C. Law 12-264, § 57(b)(2), 46 DCR 2118.)
Prior Codifications
1981 Ed., § 16-2353.
1973 Ed., § 16-2353.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 23 - Family Division [Family Court] Proceedings › Subchapter III - Proceedings Regarding the Termination of Parental Rights of Certain Neglected Children › § 16–2355. Consideration of termination of the parent and child relationship at review hearings

§ 16–2355. Consideration of termination of the parent and child relationship at review hearings.
(a) After a child adjudicated neglected by the Division pursuant to this chapter has been committed by the Division to the custody of a department, agency or institution for more than eighteen (18) months and no hearing on a motion for the termination of the parent and child relationship has been held within the preceding twelve (12) months, the Division shall, at a review hearing, determine why a motion to terminate the parent and child relationship has not been filed.
(b) For each child who remains in custody for three (3) years or more, the Division shall, at each annual review hearing, determine why a motion to terminate the parent and child relationships has not been filed.
(Sept. 23, 1977, D.C. Law 2-22, title IV, § 410, 24 DCR 3341.)
Prior Codifications
1981 Ed., § 16-2355.
1973 Ed., § 16-2355.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 23 - Family Division [Family Court] Proceedings › Subchapter III - Proceedings Regarding the Termination of Parental Rights of Certain Neglected Children › § 16–2356. Parties

§ 16–2356. Parties.
Parties to a proceeding for the termination of the parent and child relationship shall be the child, the parent of the named child, and the agency having the legal custody of the child. The judge may at his or her discretion, name on his or her own motion or in response to a motion for joinder or intervention, join additional parties to a proceeding to terminate the parent and child relationship.
(Sept. 23, 1977, D.C. Law 2-22, title IV, § 410, 24 DCR 3341.)
Prior Codifications
1981 Ed., § 16-2356.
1973 Ed., § 16-2356.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 23 - Family Division [Family Court] Proceedings › Subchapter III - Proceedings Regarding the Termination of Parental Rights of Certain Neglected Children › § 16–2357. Notice

§ 16–2357. Notice.
(a) When a motion to terminate the parent and child relationship is filed, a judge shall promptly set a time for an adjudicatory hearing and shall cause notice thereof to be given to all parties.
(b) A judge shall direct the issuance to and personal service upon the child’s parent of a summons together with a copy of the motion to terminate the parent and child relationship.
(c) When it is appropriate to the proper disposition of the case, a judge may direct the service of a summons upon other persons.
(d) If a 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.
(Sept. 23, 1977, D.C. Law 2-22, title IV, § 410, 24 DCR 3341.)
Prior Codifications
1981 Ed., § 16-2357.
1973 Ed., § 16-2357.
Section References
This section is referenced in § 16-4603.09.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 23 - Family Division [Family Court] Proceedings › Subchapter III - Proceedings Regarding the Termination of Parental Rights of Certain Neglected Children › § 16–2358. Conduct of hearings

§ 16–2358. Conduct of hearings.
(a) All hearings and proceedings on a motion to terminate the parent and child relationship shall be held by the judge, without a jury.
(b) All hearings and proceedings held 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 a judge 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 a judge finds it is in the best interests of the child, he or she may temporarily exclude the child from any proceeding. Under no circumstances, however, may counsel in the case be excluded.
(Sept. 23, 1977, D.C. Law 2-22, title IV, § 410, 24 DCR 3341.)
Prior Codifications
1981 Ed., § 16-2358.
1973 Ed., § 16-2358.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 23 - Family Division [Family Court] Proceedings › Subchapter III - Proceedings Regarding the Termination of Parental Rights of Certain Neglected Children › § 16–2359. Adjudicatory hearing

§ 16–2359. Adjudicatory hearing.
(a) A judge shall begin the adjudicatory hearing by determining whether all parties are present and whether proper notice of the hearing has been given. If the parent has been given proper notice but has failed to appear the judge may proceed in his or her absence.
(b) A judge 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 judge shall be admitted.
(e) Notwithstanding the provisions of D.C. Official Code, 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) A judge may enter an order permanently terminating the parent and child relationship after considering all of the evidence presented and after making a determination based upon clear and convincing evidence that termination of the parent and child relationship is in the best interest of the child. If a judge does not find that sufficient grounds exist for termination, the motion for termination of the parent and child relationship may be dismissed.
(Sept. 23, 1977, D.C. Law 2-22, title IV, § 410, 24 DCR 3341; Mar. 3, 1979, D.C. Law 2-136, § 805(d), 25 DCR 5055; Sept. 6, 1980, D.C. Law 3-85,§ 4, 27 DCR 2900; Sept. 12, 2008, D.C. Law 17-231, § 20(h), 55 DCR 6758.)
Prior Codifications
1981 Ed., § 16-2359.
1973 Ed., § 16-2359.
Effect of Amendments
D.C. Law 17-231, in subsec. (e), substituted “spouse or domestic partner” for “husband/wife”.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 23 - Family Division [Family Court] Proceedings › Subchapter III - Proceedings Regarding the Termination of Parental Rights of Certain Neglected Children › § 16–2360. Disposition after termination

§ 16–2360. Disposition after termination.
(a) If a judge finds that sufficient grounds exist for the termination of the parent and child relationship, the judge shall so order and decree and shall vest the legal custody of the child in a department, agency or institution.
(b) The department, agency or institution to which a child is committed after the termination of the parent and child relationship pursuant to this subchapter shall be responsible for seeking the prompt adoptive placement of the child and, if an adoptive placement has not been made within three (3) months, the department, agency, or institution shall list the child on all appropriate local, regional and national adoption exchanges. If an adoptive placement has not been made within six (6) months of the termination, a hearing shall be held and within every six (6) months thereafter the department, agency or institution shall report to the Division on its efforts to secure an adoptive placement, including but not limited to the following information:
(1) the extent to which an adoption has been explored with the child’s foster parent and any reasons why an adoption by the foster parent is not appropriate;
(2) all adoption exchanges with which the child has been listed and the date of each listing; and
(3) the limitations placed on the families to be considered for the adoption of the child.
(c) The information provided pursuant to subsection (b) shall be provided to the guardian ad litem at least ten (10) days prior to a review hearing.
(d) A notice of a review hearing shall be given as prescribed by rules of the Superior Court of the District of Columbia to the child’s guardian ad litem. Any person with whom the child has been living for six (6) months or more shall be given notice of hearings and shall upon his or her request be joined as a party to a review hearing.
(e) If the Division finds that the department, agency or institution vested with the custody of the child is not making sufficient efforts to secure an adoptive placement for the child or that inappropriate limitations have been placed on potential adoptive families, the Division may order such additional efforts as it deems appropriate or may order that the imposition of inappropriate limitations be eliminated or may transfer the power to consent to an adoption together with the vestment of legal custody to any other licensed child placement agency.
(Sept. 23, 1977, D.C. Law 2-22, title IV, § 410, 24 DCR 3341.)
Prior Codifications
1981 Ed., § 16-2360.
1973 Ed., § 16-2360.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 23 - Family Division [Family Court] Proceedings › Subchapter III - Proceedings Regarding the Termination of Parental Rights of Certain Neglected Children › § 16–2361. Effect of termination decree

§ 16–2361. Effect of termination decree.
(a) An order terminating the parent and child relationship divests the parent and the child of all legal rights, powers, privileges, immunities, duties and obligations with respect to each other, except the right of the child to inherit from his or her parent. The right of inheritance of the child shall be terminated only by a final order of adoption.
(b) When an order terminating the parent and child relationship has been issued, the parent whose right has been terminated shall not thereafter be entitled to notice of proceedings for the adoption of the child by another nor shall such parent have any right to object to the adoption or otherwise to participate in the proceedings.
(Sept. 23, 1977, D.C. Law 2-22, title IV, § 410, 24 DCR 3341; Mar. 24, 1998, D.C. Law 12-81, § 10(jj), 45 DCR 745.)
Prior Codifications
1981 Ed., § 16-2361.
1973 Ed., § 16-2361.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 23 - Family Division [Family Court] Proceedings › Subchapter III - Proceedings Regarding the Termination of Parental Rights of Certain Neglected Children › § 16–2362. Decrees

§ 16–2362. Decrees.
(a) Every order of the Division terminating the parent and child relationship shall be in writing and shall recite the findings upon which such order is based, including findings pertaining to the court’s jurisdiction.
(b) Notwithstanding the provisions of § 16-2330, all orders terminating the parent and child relationship entered pursuant to this subchapter shall not be final and effective until the time for noting an appeal has expired and, if a notice of appeal has been entered, the order shall not become effective until the date of the final disposition of the appeal.
(Sept. 23, 1977, D.C. Law 2-22, title IV, § 410, 24 DCR 3341; Mar. 24, 1998, D.C. Law 12-81, § 10(kk), 45 DCR 745.)
Prior Codifications
1981 Ed., § 16-2362.
1973 Ed., § 16-2362.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 23 - Family Division [Family Court] Proceedings › Subchapter III - Proceedings Regarding the Termination of Parental Rights of Certain Neglected Children › § 16–2363. Confidentiality of records

§ 16–2363. Confidentiality of records.
The provisions of §§ 16-2332 and 16-2333 shall apply to all juvenile case records and juvenile social records as defined therein which are created pursuant to the proceedings under this subchapter.
(Sept. 23, 1977, D.C. Law 2-22, title IV, § 410, 24 DCR 3341; Mar. 24, 1998, D.C. Law 12-81, § 10(ll), 45 DCR 745.)
Prior Codifications
1981 Ed., § 16-2363.
1973 Ed., § 16-2363.
Section References
This section is referenced in § 16-2364.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 23 - Family Division [Family Court] Proceedings › Subchapter III - Proceedings Regarding the Termination of Parental Rights of Certain Neglected Children › § 16–2364. Unlawful disclosure

§ 16–2364. 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 16-2363 of this subchapter 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 ninety (90) days, or both. A violation of this section shall be prosecuted by the Corporation Counsel of the District of Columbia.
(Sept. 23, 1977, D.C. Law 2-22, title IV, § 410, 24 DCR 3341; June 11, 2013, D.C. Law 19-317, § 281(e), 60 DCR 2064.)
Prior Codifications
1981 Ed., § 16-2364.
1973 Ed., § 16-2364.
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 two hundred and fifty dollars ($250)”.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 281(e) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).
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.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 23 - Family Division [Family Court] Proceedings › Subchapter III - Proceedings Regarding the Termination of Parental Rights of Certain Neglected Children › § 16–2365. Termination decrees of other jurisdictions

§ 16–2365. Termination decrees of other jurisdictions.
If the parent and child relationship has been terminated by judicial decree in another jurisdiction that decree, unless it is against the public policy of the District of Columbia, shall have the same force and effect in the District of Columbia as to matters within the jurisdiction of the District of Columbia court.
(Sept. 23, 1977, D.C. Law 2-22, title IV, § 410, 24 DCR 3341.)
Prior Codifications
1981 Ed., § 16-2365.
1973 Ed., § 16-2365.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 23 - Family Division [Family Court] Proceedings › Subchapter IV - Court-Appointed Special Advocates › § 16–2371. Definitions

§ 16–2371. Definitions.
For the purpose of this subchapter, the term “advocate” means a court-appointed special advocate and the term “program” means the court-appointed special advocate program established under this subchapter.
(Mar. 16, 1995, D.C. Law 10-228, § 2(b), 42 DCR 7.)
Prior Codifications
1981 Ed., § 16-2371.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 23 - Family Division [Family Court] Proceedings › Subchapter IV - Court-Appointed Special Advocates › § 16–2372. Court-appointed special advocate program

§ 16–2372. Court-appointed special advocate program.
(a) There is established a court-appointed special advocate program to provide trained volunteers whose primary purpose is to ensure that children who are the subject of certain family division proceedings of the Superior Court of the District of Columbia are provided with appropriate service and case planning that is in their best interest.
(b) The court, in any appropriate action, may appoint an individual provided by the court-appointed special advocate program.
(c) The program shall be administered by the Family Division of the Superior Court of the District of Columbia.
(d) The Family Division shall report annually to the Chief Judge of the Superior Court of the District of Columbia, who shall report to the Council of the District of Columbia regarding the operation of the program.
(e) The Board of Judges of the Superior Court of the District of Columbia may adopt rules governing the implementation and operation of the program, including, but not limited to, training, selection, and supervision of volunteers.
(f) An advocate or a member of the administrative staff of the program is not liable for acts or omissions in providing services or performing duties on behalf of the program, unless the act or omission constitutes reckless, willful, or wanton misconduct or intentionally tortious conduct.
(g) A court-appointed special advocate shall have access to and the use of the court record in a proceeding in which the advocate has been appointed.
(Mar. 16, 1995, D.C. Law 10-228, § 2(b), 42 DCR 7.)
Prior Codifications
1981 Ed., § 16-2372.
Emergency Legislation
For temporary (90-day) addition of §§ 16-2381 1981 Ed. to 16-2399 1981 Ed., see § 3 of the Foster Children’s Guardianship Emergency Act of 2000 (D.C. Act 13-433, August 14, 2000, 47 DCR 7467).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 23 - Family Division [Family Court] Proceedings › Subchapter V - Permanent Guardianship › § 16–2381. Purpose of the subchapter; construction of provisions

§ 16–2381. Purpose of the subchapter; construction of provisions.
The general purpose of this subchapter is to:
(1) Encourage stability in the lives of certain children who have been adjudicated to be neglected and have been removed from the custody of their parent by providing judicial procedures for the creation of a permanent guardianship in the circumstances set forth in this subchapter;
(2) Ensure that the constitutional rights of all parties are recognized and enforced in all proceedings conducted pursuant to this subchapter while ensuring that the fundamental needs of children are not subjugated to the interests of others; and
(3) Increase the opportunities for the prompt permanent placement of children, especially with relatives, without ongoing government supervision.
(Apr. 4, 2001, D.C. Law 13-273, § 3(c), 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).
Delegation of Authority
Delegation of Authority Pursuant to the Foster Children’s Guardianship Congressional Review Emergency Act of 2001, Effective 2-13-01, DC Act 14-4, and Any Substantially Identical Successor Legislation, Including the Foster Children’s Guardianship Act of 2000, see Mayor’s Order 2001-38, March 20, 2001 ( 48 DCR 3438).
2023 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

§ 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).
2023 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

§ 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).