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 V - Permanent Guardianship › § 16–2384. Motions

§ 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).
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 › § 16–2385. Parties

§ 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).
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 › § 16–2386. Notice

§ 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).
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 › § 16–2387. Conduct of hearings

§ 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).
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 › § 16–2388. Adjudicatory hearings

§ 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).
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 › § 16–2390. Jurisdiction

§ 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).
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 › § 16–2391. Relocation

§ 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).
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 › § 16–2392. Guardianship order; finality; appeals; transcripts

§ 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).
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 › § 16–2393. Confidentiality of records

§ 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).
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 › § 16–2394. Unlawful disclosure

§ 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.
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 › § 16–2395. Modification, termination, or enforcement of the guardianship order

§ 16–2395. Modification, termination, or enforcement of the guardianship order.
(a) Any party may move the court to modify, terminate, or enforce a guardianship order or an order of child support created under this subchapter.
(b) Notice of a motion to modify, terminate, or enforce a guardianship order or an order of child support shall be personally served on all parties. 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.
(c) The court may issue an order of reference directing the Mayor to file a report and recommendation regarding the proposed modification or termination of the guardianship order within 45 days of the filing date of the motion.
(d) A guardianship order may be modified or terminated if the court finds, by a preponderance of the evidence, that there has been a substantial and material change in the child’s circumstances subsequent to the entry of the guardianship order and that it is in the child’s best interests to modify or terminate the guardianship order.
(e) The court shall hold an adjudicatory hearing as provided for in section 16-2388 before modifying or terminating a guardianship order and shall, at the conclusion of the hearing, enter a written order reciting the findings upon which such order is based, including findings pertaining to the court’s jurisdiction.
(f) Upon entry of an order terminating the guardianship, the permanent guardian shall no longer be entitled to physical custody of the child, have any other parental rights and responsibilities concerning the child created under this subchapter, or have party status in any further proceeding brought under this subchapter.
(g) Upon entry of an order terminating the guardianship, the court shall hold a hearing pursuant to section 16-2323.
(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 Adoption and Guardianship Subsidy Temporary Amendment Act of 2010 (D.C. Law 18-208, July 27, 2010, law notification 57 DCR 7547).
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 › § 16–2396. Support

§ 16–2396. Support.
(a) Nothing under this subchapter shall preclude the permanent guardian from receiving money paid for the child’s support to the child’s parent under the terms of any statutory benefit or insurance system or any private contract, settlement, agreement, court order, devise, trust, conservatorship, or custodianship, and money or property of the child.
(b) After due notice to the parent or other persons legally obligated to care for and support the child and after a hearing, the court may order and decree that the parent or other legally obligated person shall pay, in such manner as the court may direct, a reasonable sum that will cover in whole or in part the support and medical treatment of the child after the guardianship order is entered. If the parent or other legally obligated person willfully fails or refuses to pay such sum, the court may proceed against that person for contempt, or may file the order, which shall have the effect of a civil judgment.
(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).
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 › § 16–2397. Interlocutory order of guardianship

§ 16–2397. Interlocutory order of guardianship.
(a) If it is in the child’s best interests, the court may enter an interlocutory guardianship order, which shall by its terms automatically become a guardianship order on a date therein named, not less than 6 months nor more than one year from the date of entry of the interlocutory order, unless in the interim the order shall have been set aside for cause shown.
(b) The agency having responsibility for the child shall be permitted to visit the child during the period of the interlocutory order and may be ordered to provide services as specified in the interlocutory order.
(c) The court may revoke its interlocutory guardianship order, either on its own motion or on the motion of one of the parties, for good cause shown, at any time before it becomes a guardianship order if it is in the child’s best interests. Before the revocation, personal notice shall be given to the parties and an adjudicatory hearing shall be conducted pursuant to section 16-2388.
(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).
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 › § 16–2398. Successor guardian

§ 16–2398. Successor guardian.
(a) Upon filing a motion for permanent guardianship pursuant to section 16-2384, the movant may designate and the court shall approve any successor guardian.
(b) A successor guardian may be designated or removed after the creation of the permanent guardianship by the filing of a motion to modify pursuant to section 16-2395.
(c) The successor guardian shall immediately obtain physical custody of the child and assume the permanent guardian’s rights and responsibilities concerning the child upon the permanent guardian’s death, or physical or mental infirmity.
(d) The successor guardian shall move the court for a modification of the original guardianship order within 30 days of obtaining physical custody of the child. Unless otherwise ordered by the court, the successor guardian shall assume the permanent guardian’s rights and responsibilities concerning the child until the court conducts a hearing on the motion to modify.
(e) A motion filed pursuant to this section shall:
(1) Include information required by section 16-2384(c);
(2) Append the original order which designated the successor guardian; and
(3) Append a copy of either:
(A) Proof of the permanent guardian’s death, such as a copy of a death certificate or funeral home receipt; or
(B) Proof of the permanent guardian’s physical or mental infirmity.
(f) Before issuing a final order transferring the permanent guardian’s rights and responsibilities to the successor guardian, the court shall, in addition to the requirements specified in section 16-2395(e), find that:
(1) The successor guardian was duly designated by the permanent guardian;
(2) The permanent guardian is deceased or is physically or mentally infirm;
(3) The transfer of permanent guardianship is in the child’s best interests;
(4) Adoption, termination of parental rights, or return to parent is not appropriate for the child; and
(5) The successor guardian is suitable and able to provide a safe and permanent home for 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).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 23 - Family Division [Family Court] Proceedings › Subchapter VI - Vulnerable Youth Guardian › § 16–2399.01. Definitions

§ 16–2399.01. Definitions.
*NOTE: This section was created by temporary legislation that will expire on July 10, 2024.*
For purposes of this subchapter, the term:
(1) "Guardian" means a person designated by the court pursuant to this subchapter as the guardian of a vulnerable youth.
(2) "Guardianship order" means the court document that establishes legal guardianship and enumerates the guardian's rights and responsibilities concerning the care and custody of the vulnerable youth.
(3) "Noncitizen" means a person who is not a United States citizen.
(4) "Proposed guardian" means a person seeking to be appointed guardian of a vulnerable youth. The term "proposed guardian" includes a business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity, whether or not a citizen or domiciliary of the District of Columbia and whether or not organized under the laws of the District of Columbia.
(5) "Similar basis" means conditions that have an effect on a vulnerable youth comparable to abuse, neglect, or abandonment, including the death of a parent.
(6) "Vulnerable youth" means an unmarried noncitizen who is at least 18 but younger than 21 years old.
(Nov. 28, 2023, D.C. Law 25-81, § 3(b), 70 DCR 13754.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 16-2399.01 of Vulnerable Youth Guardianship Protection Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-260, Oct. 25, 2023, 70 DCR 14434).
For temporary (90 days) creation of this section, see § 16-2399.01 of Vulnerable Youth Guardianship Protection Emergency Amendment Act of 2023 (D.C. Act 25-203, Aug. 1, 2023, 70 DCR 10758).
Temporary Legislation
For temporary (225 days) creation of this section, see § 16-2399.01 of Vulnerable Youth Guardianship Protection Temporary Amendment Act of 2023 (D.C. Law 25-81, Nov. 28, 2023, 70 DCR 13754).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 23 - Family Division [Family Court] Proceedings › Subchapter VI - Vulnerable Youth Guardian › § 16–2399.02. Guardianship petition

§ 16–2399.02. Guardianship petition.
*NOTE: This section was created by temporary legislation that will expire on July 10, 2024.*
(a) A vulnerable youth or proposed guardian may file a petition with the Family Division of the Superior Court to appoint a guardian under this subchapter. The petition shall name the proposed guardian and describe why:
(1) The appointment is in the best interests of the vulnerable youth;
(2) Reunification of the vulnerable youth with one or both parents is not viable due to abuse, neglect, abandonment, or a similar basis under District law; and
(3) It is not in the best interests of the vulnerable youth to be returned to the vulnerable youth's or vulnerable youth's previous parents' country of nationality or country of last habitual residence.
(b) The court shall determine whether it is in the vulnerable youth's best interests that a guardian be appointed by considering the following factors:
(1) The vulnerable youth's need for continuity of care and caretakers, and for timely integration into a stable home, taking into account the differences in the development and the concept of time of youth of different ages and nationalities;
(2) The physical, mental, and emotional health of all individuals involved to the degree that each affects the welfare of the vulnerable youth, the decisive consideration in regard to this factor being the physical, mental, and emotional needs of the vulnerable youth;
(3) Access to stability, safety, supports or services to remedy the impacts of prior abuse, abandonment, neglect, or a similar basis under District law;
(4) The quality of the interaction and interrelationship of the vulnerable youth with his or her parents, siblings, relatives, and caretakers, including the proposed guardian; and
(5) The vulnerable youth's opinion of their own best interest.
(Nov. 28, 2023, D.C. Law 25-81, § 3(b), 70 DCR 13754.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 16-2399.02 of Vulnerable Youth Guardianship Protection Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-260, Oct. 25, 2023, 70 DCR 14434).
For temporary (90 days) creation of this section, see § 16-2399.02 of Vulnerable Youth Guardianship Protection Emergency Amendment Act of 2023 (D.C. Act 25-203, Aug. 1, 2023, 70 DCR 10758).
Temporary Legislation
For temporary (225 days) creation of this section, see § 16-2399.02 of Vulnerable Youth Guardianship Protection Temporary Amendment Act of 2023 (D.C. Law 25-81, Nov. 28, 2023, 70 DCR 13754).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 23 - Family Division [Family Court] Proceedings › Subchapter VI - Vulnerable Youth Guardian › § 16–2399.03. Parties

§ 16–2399.03. Parties.
*NOTE: This section was created by temporary legislation that will expire on July 10, 2024.*
Parties to a guardianship proceeding shall be the vulnerable youth, the proposed guardian, and the vulnerable youth's parents. 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.
(Nov. 28, 2023, D.C. Law 25-81, § 3(b), 70 DCR 13754.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 16-2399.03 of Vulnerable Youth Guardianship Protection Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-260, Oct. 25, 2023, 70 DCR 14434).
For temporary (90 days) creation of this section, see § 16-2399.03 of Vulnerable Youth Guardianship Protection Emergency Amendment Act of 2023 (D.C. Act 25-203, Aug. 1, 2023, 70 DCR 10758).
Temporary Legislation
For temporary (225 days) creation of this section, see § 16-2399.03 of Vulnerable Youth Guardianship Protection Temporary Amendment Act of 2023 (D.C. Law 25-81, Nov. 28, 2023, 70 DCR 13754).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 23 - Family Division [Family Court] Proceedings › Subchapter VI - Vulnerable Youth Guardian › § 16–2399.04. Timing and notice

§ 16–2399.04. Timing and notice.
*NOTE: This section was created by temporary legislation that will expire on July 10, 2024.*
(a) When a petition for guardianship is filed, the court shall promptly set a time for an adjudicatory hearing, as soon as administratively possible, shall cause notice thereof to be given to all parties and their attorneys.
(b) When it is appropriate to the proper disposition of the case, the court may direct the service of a summons upon other persons.
(c) 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.
(Nov. 28, 2023, D.C. Law 25-81, § 3(b), 70 DCR 13754.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 16-2399.04 of Vulnerable Youth Guardianship Protection Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-260, Oct. 25, 2023, 70 DCR 14434).
For temporary (90 days) creation of this section, see § 16-2399.04 of Vulnerable Youth Guardianship Protection Emergency Amendment Act of 2023 (D.C. Act 25-203, Aug. 1, 2023, 70 DCR 10758).
Temporary Legislation
For temporary (225 days) creation of this section, see § 16-2399.04 of Vulnerable Youth Guardianship Protection Temporary Amendment Act of 2023 (D.C. Law 25-81, Nov. 28, 2023, 70 DCR 13754).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 23 - Family Division [Family Court] Proceedings › Subchapter VI - Vulnerable Youth Guardian › § 16–2399.05. Conduct of the hearings

§ 16–2399.05. Conduct of the hearings.
*NOTE: This section was created by temporary legislation that will expire on July 10, 2024.*
(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.
(Nov. 28, 2023, D.C. Law 25-81, § 3(b), 70 DCR 13754.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 16-2399.05 of Vulnerable Youth Guardianship Protection Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-260, Oct. 25, 2023, 70 DCR 14434).
For temporary (90 days) creation of this section, see § 16-2399.05 of Vulnerable Youth Guardianship Protection Emergency Amendment Act of 2023 (D.C. Act 25-203, Aug. 1, 2023, 70 DCR 10758).
Temporary Legislation
For temporary (225 days) creation of this section, see § 16-2399.05 of Vulnerable Youth Guardianship Protection Temporary Amendment Act of 2023 (D.C. Law 25-81, Nov. 28, 2023, 70 DCR 13754).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 23 - Family Division [Family Court] Proceedings › Subchapter VI - Vulnerable Youth Guardian › § 16–2399.06. Adjudicatory hearings

§ 16–2399.06. Adjudicatory hearings.
*NOTE: This section was created by temporary legislation that will expire on July 10, 2024.*
(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.
(b) All parties have the right to present evidence and cross-examine witnesses.
(c) The court shall hear evidence presented by the proposed guardian or vulnerable youth and the burden of proof shall rest upon the proposed guardian or vulnerable youth.
(d) Every party shall have the right to present evidence, to be heard on his or her own behalf, and to cross-examine witnesses called by another party.
(e) All evidence which is relevant, material, and competent to the issues before the court shall be admitted.
(f) Notwithstanding the provisions of §§ 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.
(g) The court may enter, modify, or terminate a guardianship order after considering all of the evidence presented, and after making a determination based upon a preponderance of the evidence that creation, modification, or termination of the guardianship order is in the vulnerable youth's best interests. If the court does not find that sufficient grounds exist to create, modify, or terminate a guardianship order, the petition may be dismissed.
(Nov. 28, 2023, D.C. Law 25-81, § 3(b), 70 DCR 13754.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 16-2399.06 of Vulnerable Youth Guardianship Protection Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-260, Oct. 25, 2023, 70 DCR 14434).
For temporary (90 days) creation of this section, see § 16-2399.06 of Vulnerable Youth Guardianship Protection Emergency Amendment Act of 2023 (D.C. Act 25-203, Aug. 1, 2023, 70 DCR 10758).
Temporary Legislation
For temporary (225 days) creation of this section, see § 16-2399.06 of Vulnerable Youth Guardianship Protection Temporary Amendment Act of 2023 (D.C. Law 25-81, Nov. 28, 2023, 70 DCR 13754).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 23 - Family Division [Family Court] Proceedings › Subchapter VI - Vulnerable Youth Guardian › § 16–2399.07. Order appointing a guardian of a vulnerable youth

§ 16–2399.07. Order appointing a guardian of a vulnerable youth.
*NOTE: This section was created by temporary legislation that will expire on July 10, 2024.*
(a) After consideration of all the relevant, material, and competent evidence, the court shall issue an order establishing a guardianship if the court finds that the guardianship is in the vulnerable youth's best interests.
(b) After the guardianship is established, upon request by the proposed guardian or the vulnerable youth, the court shall, if the court finds that the allegations in the petition pursuant to §16-2399.02(a) are supported by a preponderance of the evidence, enter a guardianship order containing the following judicial determinations supported by relevant statutory citations and findings of fact:
(1) Where the identity is known, the specific identity of the parent or parents;
(2) That the vulnerable youth is dependent on the court and has been placed under the care and custody of an individual or entity appointed by the court through the appointment of a guardian;
(3) That reunification of the vulnerable youth with one or both parents is not viable due to abuse, abandonment, neglect, or similar basis under District law; and
(4) That it is not in the best interest of the vulnerable youth to be returned to the vulnerable youth or vulnerable youth's parents' country of nationality or last habitual residence.
(c) The court may, upon motion of a party, modify or terminate a guardianship order when the modification or termination of the guardianship order is in the vulnerable youth's best interests.
(d) The entry of a guardianship order under this subchapter shall not impinge on the vulnerable youth's fundamental rights to make their own medical, educational, financial, or other such decisions.
(e) A guardianship order entered under this subchapter shall automatically terminate when the youth reaches age 21.
(Nov. 28, 2023, D.C. Law 25-81, § 3(b), 70 DCR 13754.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 16-2399.07 of Vulnerable Youth Guardianship Protection Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-260, Oct. 25, 2023, 70 DCR 14434).
For temporary (90 days) creation of this section, see § 16-2399.07 of Vulnerable Youth Guardianship Protection Emergency Amendment Act of 2023 (D.C. Act 25-203, Aug. 1, 2023, 70 DCR 10758).
Temporary Legislation
For temporary (225 days) creation of this section, see § 16-2399.07 of Vulnerable Youth Guardianship Protection Temporary Amendment Act of 2023 (D.C. Law 25-81, Nov. 28, 2023, 70 DCR 13754).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 23 - Family Division [Family Court] Proceedings › Subchapter VI - Vulnerable Youth Guardian › § 16–2399.08. Effect of guardianship order

§ 16–2399.08. Effect of guardianship order.
*NOTE: This section was created by temporary legislation that will expire on July 10, 2024.*
(a) Unless the court specifies other rights and responsibilities, the guardian shall have the following rights and responsibilities concerning the vulnerable youth:
(1) The guardian shall ensure that the legal rights of the vulnerable youth are not violated;
(2) The guardian shall provide care and support to the vulnerable youth to promote the youth's stability and wellness; and
(3) The guardianship will promote the physical, mental, and emotional health of the vulnerable youth.
(b) The guardian is not liable to third persons by reason of the relationship for acts of the vulnerable youth.
(Nov. 28, 2023, D.C. Law 25-81, § 3(b), 70 DCR 13754.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 16-2399.08 of Vulnerable Youth Guardianship Protection Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-260, Oct. 25, 2023, 70 DCR 14434).
For temporary (90 days) creation of this section, see § 16-2399.08 of Vulnerable Youth Guardianship Protection Emergency Amendment Act of 2023 (D.C. Act 25-203, Aug. 1, 2023, 70 DCR 10758).
Temporary Legislation
For temporary (225 days) creation of this section, see § 16-2399.08 of Vulnerable Youth Guardianship Protection Temporary Amendment Act of 2023 (D.C. Law 25-81, Nov. 28, 2023, 70 DCR 13754).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 23 - Family Division [Family Court] Proceedings › Subchapter VI - Vulnerable Youth Guardian › § 16–2399.09. Additional available remedies

§ [16–2399.09]. Additional available remedies.
*NOTE: This section was created by temporary legislation that will expire on July 10, 2024.*
Nothing in this subchapter shall be construed to prevent:
(1) A proposed guardian or vulnerable youth from seeking any other remedy or protections available under District law; or
(2) The court from issuing judicial determinations similar to those in §16-2399.07(b) in any other proceeding concerning a noncitizen under age 18.
(Nov. 28, 2023, D.C. Law 25-81, § 3(b), 70 DCR 13754.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 16-2409 of Vulnerable Youth Guardianship Protection Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-260, Oct. 25, 2023, 70 DCR 14434).
For temporary (90 days) creation of this section, see § 16-2409 of Vulnerable Youth Guardianship Protection Emergency Amendment Act of 2023 (D.C. Act 25-203, Aug. 1, 2023, 70 DCR 10758).
Temporary Legislation
For temporary (225 days) creation of this section, see § 16-2409 of Vulnerable Youth Guardianship Protection Temporary Amendment Act of 2023 (D.C. Law 25-81, Nov. 28, 2023, 70 DCR 13754).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 25 - Change of Name or Gender › § 16–2501. Application; persons who may file

§ 16–2501. Application; persons who may file.
Whoever, being a resident of the District and desiring a change of name, may file an application in the Superior Court setting forth the reasons therefor and also the name desired to be assumed. If the applicant is an infant, the application shall be filed by his parent, guardian, or next friend.
(Dec. 23, 1963, 77 Stat. 595, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 560, Pub. L. 91-358, title I, § 145(i).)
Prior Codifications
1981 Ed., § 16-2501.
1973 Ed., § 16-2501.
Cross References
Adopted persons, change of name, see § 16-312.
Superior court, jurisdiction, see § 11-921.
Editor's Notes
D.C. Law 20-37 added “or Gender” at the end of the chapter heading.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 25 - Change of Name or Gender › § 16–2502. Notice; contents. [Repealed]

§ 16–2502. Notice; contents. [Repealed]
[Repealed].
(Dec. 23, 1963, 77 Stat. 595, Pub. L. 88-241, § 1; Nov. 5, 2013, D.C. Law 20-37, § 3(b), 60 DCR 12145.)
Prior Codifications
1981 Ed., § 16-2502.
1973 Ed., § 16-2502.