reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 3 - Adoption Programs › Subchapter IV - Post-Adoption Contact Agreements › § 4–361. Post-adoption contact agreement

§ 4–361. Post-adoption contact agreement.
(a)(1) A prospective adoptive parent or an adoptive parent (“adoptive parent”) and the birth parent or other birth relative of a prospective adoptee or adoptee (“adoptee”) may enter into a written post-adoption contact agreement (“PAC agreement”) to allow contact, after the adoption, between the adoptee and a birth parent or other birth relative of the adoptee; provided, that written consent to the PAC agreement is obtained from an adoptee who is 14 years of age or older.
(2) The decision to enter into a PAC agreement shall be at the sole discretion of the adoptive parent.
(3) Failure to comply with a condition of the PAC agreement shall not be grounds for revoking consent to, or setting aside an order for, adoption.
(b)(1) The Family Court of the Superior Court of the District of Columbia (“Family Court”) shall enforce a PAC agreement made in accordance with this section if the Family Court finds that enforcement of the PAC agreement is in the best interest of the adoptee.
(2) In enforcing a PAC agreement, the court shall take into consideration the written consent to the agreement of an adoptee who is 14 years of age or older.
(3) For cases involving an adoptee who is a respondent in a child abuse or neglect case under Chapter 23 of Title 16, the court finalizing the adoption shall review and approve any PAC agreement based on whether it is in the best interest of the adoptee prior to finalizing the adoption.
(c) If a party moves to modify a PAC agreement and satisfies the court that the modification is in the best interest of the adoptee, the court shall order that the PAC agreement be modified accordingly.
(d) If a dispute arises between the parties to a PAC agreement, the parties shall certify that they have participated, or attempted to participate, in good faith, in mediation or other appropriate dispute resolution proceedings to resolve the dispute prior to seeking judicial resolution. The mediator shall be selected by the adoptive parent.
(Sept. 24, 2010, D.C. Law 18-230, § 101, 57 DCR 6951.)
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 4 - Day Care › § 4–402.01. Funding for day care provided by D.C. Public Schools

§ 4–402.01. Funding for day care provided by D.C. Public Schools.
(a) In Fiscal Year 2004, the Department may transfer no more than $6 million to the D.C. Public Schools for the purpose of funding an after-school day care program pursuant to a memorandum of understanding. The memorandum of understanding shall include the following program requirements:
(1) Participation in the program shall be based on TANF eligibility;
(2) Verification of family income shall be required before a child may be enrolled in the program;
(3) Priority shall be given to children of families actively participating in TANF;
(4) Additional slots shall be allocated on the sliding scale set forth in § 4-405(b); and
(5) Records documenting the costs of the program shall be maintained and provided to the Department on an annual basis, including:
(A) Verifiable data establishing the number of children enrolled by the program;
(B) Documentation that each enrolled child met the eligibility requirements for the program; and
(C) Reports documenting, for each month of operation, the funds expended in relation to service delivery.
(Sept. 19, 1979, D.C. Law 3-16, § 3a; as added Nov. 13, 2003, D.C. Law 15-39, § 2702, 50 DCR 5668.)
Short Title
Short title of title XXVII of Law 15-39: Section 2701 of D.C. Law 15-39 provided that title XXVII of the act may be cited as the Day Care in Schools Eligibility Requirement Amendment Act of 2003.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 4 - Day Care › § 4–403. Payment of full cost by Department. [Repealed]

§ 4–403. Payment of full cost by Department. [Repealed]
Repealed.
(Sept. 19, 1979, D.C. Law 3-16, § 4, 26 DCR 20; Mar. 16, 1989, D.C. Law 7-215, § 2, 36 DCR 517; June 22, 1990, D.C. Law 8-144, § 3(a), 37 DCR 2974; Mar. 6, 1991, D.C. Law 8-202, § 3(a), 37 DCR 7937; Apr. 13, 1999, D.C. Law 12-216, § 2(b), 46 DCR 281.)
Prior Codifications
1981 Ed., § 3-303.
Emergency Legislation
For temporary amendment of section, see § 5 of the Self-Sufficiency Promotion Emergency Amendment Act of 1998 (D.C. Act 12-372, June 9, 1998, 45 DCR 4270), § 5 of the Self-Sufficiency Promotion Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-425, July 31, 1998, 45 DCR 5682), § 5 of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-552, December 24, 1998, 46 DCR 521), and § 5 of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-19, February 17, 1999, 46 DCR 2492).
For temporary repeal of section, see § 2(b) of the Day Care Policy Emergency Amendment Act of 1998 (D.C. Act 12-509, November 10, 1998, 45 DCR 8146), and § 2(b) of the Day Care Policy Congressional Review Emergency Amendment Act of 1999 (D.C. 13-12, February 8, 1999, 46 DCR 2330).
Temporary Legislation
For temporary (225 day) repeal of section, see § 2(b) of Day Care Policy Temporary Amendment Act of 1998 (D.C. Law 12-72, March 20, 1998, law notification 45 DCR 2107).
For temporary (225 day) amendment of section, see § 5 of Self-Sufficiency Promotion Temporary Amendment Act of 1998 (D.C. Law 12-230, April 20, 1999, law notification 46 DCR 4143).
Editor's Notes
D.C. Law 12-241 purported to substitute “TANF or POWER” for “AFDC” throughout the section; however, the repeal by D.C. Law 12-216, § 2(b) has been given effect herein.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 4 - Day Care › § 4–404. Supplemental payments by Department. [Repealed]

§ 4–404. Supplemental payments by Department. [Repealed]
Repealed.
(Sept. 19, 1979, D.C. Law 3-16, § 5, 26 DCR 20; Sept. 29, 1982, D.C. Law 4-163, § 2(b), 29 DCR 3974; June 22, 1990, D.C. Law 8-144, § 3(b), 37 DCR 2974; Mar. 6, 1991, D.C. Law 8-202, § 3(b), 37 DCR 7937; Apr. 13, 1999, D.C. Law 12-216, § 2(c), 46 DCR 281.)
Prior Codifications
1981 Ed., § 3-304.
Emergency Legislation
For temporary repeal of section, see § 2(c) of the Day Care Policy Emergency Amendment Act of 1998 (D.C. Act 12-509, November 10, 1998, 45 DCR 8146), and § 2(c) of the Day Care Policy Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-12, February 8, 1999, 46 DCR 2330).
For temporary amendment of section, see § 5 of the Self-Sufficiency Promotion Emergency Amendment Act of 1998 (D.C. Act 12-372, June 9, 1998, 45 DCR 4270), § 5 of the Self-Sufficiency Promotion Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-425, July 31, 1998, 45 DCR 5682), § 5 of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-552, December 24, 1998, 46 DCR 521), and § 5 of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-19, February 17, 1999, 46 DCR 2492).
Temporary Legislation
For temporary (225 day) repeal of section, see § 2(c) of Day Care Policy Temporary Amendment Act of 1998 (D.C. Law 12-72, March 20, 1998, law notification 45 DCR 2107).
For temporary (225 day) amendment of section, see § 5 of Self-Sufficiency Promotion Temporary Amendment Act of 1998 (D.C. Law 12-230, April 20, 1999, law notification 46 DCR 4143).
Editor's Notes
D.C. Law 12-241 purported to substitute “TANF or POWER” for “AFDC” in (6); however, the repeal by D.C. Law 12-216, § 2(c) has been given effect herein.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 4 - Day Care › § 4–405. Schedule of payments by parents

§ 4–405. Schedule of payments by parents.
(a) Parents who receive day care services pursuant to § 4-404 [repealed] shall pay a portion of services according to the sliding scale set forth in subsection (b) of this section.
(b)
Increment
Adjusted Income
Parent Fee (Percent of Child Care Paid by Parent)
1
Under $8,020
Flat Fee of $2 per week
2
$8,020–$9,012
5%
3
$9,013–$10,005
10%
4
$10,006–$10,998
15%
5
$10,999–$11,991
20%
6
$11,992–$12,984
25%
7
$12,985–$13,977
30%
8
$13,978–$14,970
35%
9
$14,971–$15,963
40%
10
$15,964–$16,956
45%
11
$16,957–$17,949
50%
12
$17,950–$18,942
55%
13
$18,943–$19,935
60%
14
$19,936–$20,928
65%
15
$20,929–$21,921
70%
16 Over
$21,921
100%
(c) The fee schedule shall be effective April 1, 1990. The Mayor may revise the fee schedule by rule.
(Sept. 19, 1979, D.C. Law 3-16, § 6, 26 DCR 20; Mar. 5, 1981, D.C. Law 3-166, § 2, 27 DCR 5355; Sept. 29, 1982, D.C. Law 4-163, § 2(c), 29 DCR 3974; June 22, 1990, D.C. Law 8-144, § 3(c), 37 DCR 2974; Mar. 6, 1991, D.C. Law 8-202, § 3(c), 37 DCR 7937; Feb. 5, 1994, D.C. Law 10-68, § 11, 40 DCR 6311.)
Prior Codifications
1981 Ed., § 3-305.
1973 Ed., § 3-305.
Section References
This section is referenced in § 4-402.01 and § 4-409.
Delegation of Authority
Delegation of authority pursuant to D.C. Law 8-202, the “D.C. Family Support Act Federal Conformity Amendment Act of 1990”, Effective March 6, 1991, see Mayor’s Order 2000-157, October 12, 2000 ( 47 DCR 8683).
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 4 - Day Care › § 4–406. Responsibility of Department for payment

§ 4–406. Responsibility of Department for payment.
The Department shall be responsible for payment of day care fees to:
(1) A child development home, after admission of a particular child, for its part of the appropriate rate for up to 15 consecutive days for that child when absence is caused by illness of the child or a change in the parent’s training status, provided the child is in regular attendance and the parent remains eligible or a space is being reserved;
(2) A child development home or child development center that has contracted with the Mayor to provide day care services and that has documented that services were provided (this payment shall include payment for District and federal holidays and snow days);
(3) An in-home caregiver, only for those days when the in-home caregiver is present in the home of the mother or caretaker relative and rendering services as agreed.
(Sept. 19, 1979, D.C. Law 3-16, § 7, 26 DCR 20; Mar. 15, 1985, D.C. Law 5-174, § 2(a), 32 DCR 743; Apr. 13, 1999, D.C. Law 12-216, § 2(e), 46 DCR 281.)
Prior Codifications
1981 Ed., § 3-306.
1973 Ed., § 3-306.
Emergency Legislation
For temporary amendment of section, see § 2(e) of the Day Care Policy Emergency Amendment Act of 1997 (D.C. Act 12-207, December 15, 1997, 44 DCR 353), § 2(e) of the Day Care Policy Emergency Amendment Act of 1998 (D.C. Act 12-509, November 10, 1998, 45 DCR 8146), and § 2(e) of the Day Care Policy Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-12, February 8, 1999, 46 DCR 2330).
Temporary Legislation
For temporary (225 day) amendment of section, see § 2(e) of Day Care Policy Temporary Amendment Act of 1998 (D.C. Law 12-72, March 20, 1998, law notification 45 DCR 2107).
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 4 - Day Care › § 4–407. Collection of overpayments

§ 4–407. Collection of overpayments.
An overpayment by the Department to a child development center, child development home, or to an in-home caregiver who is continuing to provide day care services shall be collectible in any amount.
(Sept. 19, 1979, D.C. Law 3-16, § 8, 26 DCR 20.)
Prior Codifications
1981 Ed., § 3-307.
1973 Ed., § 3-307.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 4 - Day Care › § 4–408. Waiver of overpayments

§ 4–408. Waiver of overpayments.
The collection of an overpayment of not more than $25 may be waived for child development centers, child development homes, or in-home caregivers who are no longer providing day care services for the Department.
(Sept. 19, 1979, D.C. Law 3-16, § 9, 26 DCR 20.)
Prior Codifications
1981 Ed., § 3-308.
1973 Ed., § 3-308.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 4 - Day Care › § 4–410.01. Studies of child development facilities for infants and toddlers

§ 4–410.01. Studies of child development facilities for infants and toddlers.
(a) OSSE shall make public its payment rates for child development facilities participating in the child care subsidy program by October 1 of each year.
(b) By March 1, 2023, February 1, 2024, and on a triennial basis thereafter, OSSE shall conduct a cost modeling analysis to estimate the costs of care for child development facilities in the District. The analysis shall incorporate the cost of implementing the ECE salary scale established and updated pursuant to § 4-410.02(b).
(c) By February 1, 2024, and on a triennial basis thereafter, OSSE shall submit a report to the Council that includes:
(1) The findings from the cost modeling analysis, updated to include the current ECE salary scale;
(2) A description of the methodology used to determine the cost of care, including the ECE salary scale;
(3) An analysis of child development facilities that assesses:
(A) Quality rating under the Quality Rating and Improvement System;
(B) Type of facility;
(C) Number and age of infants, toddlers, and children served and number of classrooms per age-group;
(D) Proportion and reimbursement rate for infants, toddlers, and children served who participate in the child care subsidy program;
(E) Staffing costs associated with applying the ECE salary scale;
(F) Whether the facility participates in a shared service alliance, including the Quality Improvement Network;
(G) Total number of early childhood educators, differentiated by role and credential, used in the cost modeling analysis;
(H) Payroll costs associated with ensuring all applicable federal and District labor laws are implemented in each child development facility; and
(I) Costs associated with employer-paid benefits packages; and
(4) An assessment of the Early Childhood Educator Pay Equity Fund's ability to fund the implementation of the ECE salary scale in all child development facilities who have agreements with the Department.
(Sept. 19, 1979, D.C. Law 3-16, § 11a; as added Oct. 30, 2018, D.C. Law 22-179, § 201(d), 65 DCR 9569; Sept. 21, 2022, D.C. Law 24-167, § 4073(d), 69 DCR 009223.)
Applicability
Applicability of D.C. Law 22-179: § 301 of D.C. Law 22-179 provided that the creation of this section by § 201(d) of D.C. Law 22-179 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 4073(d) of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707).
For temporary (90 days) creation of this section, see § 5 of Fiscal Year 2020 Budget Support Clarification Second Emergency Amendment Act of 2019 (D.C. Act 23-201, Jan. 22, 2020, 67 DCR 731).
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 4 - Day Care › § 4–410.03. Subsidized child care services. [Not Funded]

§ 4–410.03. Subsidized child care services. [Not Funded]
Not Funded.
(Sept. 19, 1979, D.C. Law 3-16, § 11c; as added Oct. 30, 2018, D.C. Law 22-179, § 201(d), 65 DCR 9569.)
Applicability
Applicability of D.C. Law 22-179: § 301 of D.C. Law 22-179 provided that the creation of this section by § 201(d) of D.C. Law 22-179 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 4 - Day Care › § 4–410.04. Early Childhood Development Fund. [Repealed]

§ 4–410.04. Early Childhood Development Fund. [Repealed]
Repealed.
(Sept. 19, 1979, D.C. Law 3-16, § 11d; as added Mar. 19, 2020, D.C. Law 23-68, § 5, 67 DCR 743; Sept. 6, 2023, D.C. Law 25-50, § 7022(b), 70 DCR 10366.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 5 of Fiscal Year 2020 Budget Support Clarification Amendment Act of 2019 (D.C. Law 23-68, Mar. 19, 2020, 67 DCR 743).
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 4 - Day Care › § 4–412. Compliance with District regulation

§ 4–412. Compliance with District regulation.
(a) Any child development center or child development home that contracts or agrees with the Department to provide day care shall comply with all applicable provisions of Regulation No. 74-34 (Child Development Facilities Regulation).
(b) Licenses issued to child development facilities or child development homes under this section or any other provision of law shall be issued as a Public Health: Child Health and Welfare endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of Title 47.
(Sept. 19, 1979, D.C. Law 3-16, § 13, 26 DCR 20; Apr. 20, 1999, D.C. Law 12-261, § 2003(f), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(e), 50 DCR 6913.)
Prior Codifications
1981 Ed., § 3-312.
1973 Ed., § 3-312.
Effect of Amendments
D.C. Law 15-38, in subsec. (b), substituted “Public Health: Child Health and Welfare endorsement to a basic business license under the basic” for “Class A Public Health: Child Health and Welfare endorsement to a master business license under the master”.
Emergency Legislation
For temporary (90 day) amendment of section, see § 3(e) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 4 - Day Care › § 4–413. Monitoring day care services; publication of procedures; compliance with federal regulations

§ 4–413. Monitoring day care services; publication of procedures; compliance with federal regulations.
(a) The Department shall be responsible for monitoring the provision of day care services to assure that adequate services are provided to the children and that contractual and other agreements are met.
(b) The Department shall develop and publish procedures that will assure that any licensed child development center or home in the District of Columbia can apply to provide day care services to eligible children.
(c) Child development facilities contracting or agreeing with the Department to provide day care, which are included in the programs for federal reimbursement, shall comply with all applicable federal regulations and requirements.
(d) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this chapter.
(Sept. 19, 1979, D.C. Law 3-16, § 14, 26 DCR 20; Mar. 2, 2007, D.C. Law 16-192, § 5182, 53 DCR 6899.)
Prior Codifications
1981 Ed., § 3-313.
1973 Ed., § 3-313.
Effect of Amendments
D.C. Law 16-192 added subsec. (d).
Emergency Legislation
For temporary (90 day) amendment of section, see § 2 of Day Care Grant-Making and Rulemaking Emergency Amendment Act of 2006 (D.C. Act 16-380, May 19, 2006, 53 DCR 4405).
For temporary (90 day) amendment of section, see § 5182 of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).
For temporary (90 day) amendment of section, see § 5182 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).
For temporary (90 day) amendment of section, see § 5182 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).
Temporary Legislation
For temporary (225 day) amendment of section, see § 2 of Day Care Grant-Making and Rulemaking Temporary Amendment Act of 2006 (D.C. Law 16-156, September 19, 2006, law notification 53 DCR 7928).
Short Title
Short title: Section 5181 of D.C. Law 16-192 provided that subtitle L of title V of the act may be cited as the “Day Care Improvement Amendment Act of 2006”.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 4 - Day Care › § 4–414. Authorization of grants to develop satellite child development home programs

§ 4–414. Authorization of grants to develop satellite child development home programs.
The Department is hereby authorized to make grants to private agencies that work with child development homes and to licensed child development centers for the purpose of developing or operating satellite child development home programs.
(Sept. 19, 1979, D.C. Law 3-16, § 15, 26 DCR 20; Mar. 15, 1985, D.C. Law 5-174, § 2(c), 32 DCR 743.)
Prior Codifications
1981 Ed., § 3-314.
1973 Ed., § 3-314.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 4 - Day Care › § 4–416. Expansion of the Quality Improvement Network. [Not Funded]

§ 4–416. Expansion of the Quality Improvement Network. [Not Funded]
Not Funded.
(Sept. 19, 1979, D.C. Law 3-16, § 15b; Oct. 30, 2018, D.C. Law 22-179, § 201(e), 65 DCR 9569.)
Applicability
Applicability of D.C. Law 22-179: § 301 of D.C. Law 22-179 provided that the creation of this section by § 201(e) of D.C. Law 22-179 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 4A - Diaper Affordability and Access › § 4–431. Diaper bank grant program

§ 4–431. Diaper bank grant program.
(a) The Department of Health Care Finance shall issue grant funds to a diaper bank or diaper program for the purpose of providing funds for the purchase and distribution of free diapers to eligible parents and legal guardians with infants 3 years of age and under.
(b) To receive funds under the program, a diaper bank or diaper program shall submit a written application to the Department and satisfy the following conditions:
(1) Serve organizations and individuals within the District;
(2) Have an approved operating budget that includes the purchase of diapers approved by the board of directors or other governing body of the diaper bank or diaper program;
(3) Submit a detailed proposal outlining how the funds will be used to purchase and distribute free diapers to eligible parents and legal guardians with infants 3 years of age and under; and
(4) Meet any other criteria required by the Department.
(c) For purposes of this section, the term:
(1) "Eligible parent" means the natural parent, adoptive parent, or legal guardian of an infant that is 3 years of age or under that currently resides in the District and is:
(A) In a family that is eligible for:
(i) DC Healthcare Alliance;
(ii) DC Healthy Families;
(iii) Emergency Rental Assistance Program;
(iv) Housing Choice Program;
(v) Low Income Home Energy Assistance Program;
(vi) Medicaid;
(vii) Special Supplemental Nutrition Program for Women, Infants, and Children;
(viii) Supplemental Nutrition Assistance Program;
(ix) Temporary Assistance for Needy Families Program; or
(x) Unemployment Insurance;
(B) Residing in an emergency shelter, temporary shelter, permanent supportive housing, or transitional housing; or
(C) Utilizing the services of the diaper bank or diaper program, or the diaper bank's or diaper program's partner organizations.
(2) "Department" means the Department of Health Care Finance.
(3) "Diaper bank" means a nonprofit organization or a fiscally sponsored project of a nonprofit organization that collects or purchases diapers and other hygiene products for infants, children, or adults and regularly distributes diapers over an extended period through 2 or more partner agencies for eventual distribution to individuals free of charge.
(4) "Diaper program" means a program within a nonprofit organization or a fiscally sponsored project of a nonprofit organization that collects or purchases diapers for the purpose of regularly distributing the diapers directly to individuals free of charge.
(Sept. 21, 2022, D.C. Law 24-167, § 5062, 69 DCR 009223.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 5062 of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707).
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 4A - Diaper Affordability and Access › § 4–432. Rulemaking Authority

§ 4–432. Rulemaking Authority.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this chapter.
(Sept. 21, 2022, D.C. Law 24-167, § 5063, 69 DCR 009223.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 5063 of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707).
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 5 - Victims of Crime › Subchapter I - Compensation for Crime Victims › § 4–502. Establishment of a Crime Victims Compensation Program

§ 4–502. Establishment of a Crime Victims Compensation Program.
There is established a Crime Victims Compensation Program (“Program”) that shall administer all funds from all sources for the purpose of investigating and, where appropriate, compensating the claims of victims and secondary victims in the District of Columbia.
(Apr. 9, 1997, D.C. Law 11-243, § 3, 44 DCR 1142; Apr. 6, 2023, D.C. Law 24-341, § 102(b), 69 DCR 14698.)
Prior Codifications
1981 Ed., § 3-422.
Emergency Legislation
See note to § 4-501.
For temporary (90 day) enactment, see § 3022 of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).
For temporary (90 day) enactment of section, see § 3022 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).
For temporary (90 day) enactment, see § 3022 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).
Short Title
Short title: Section 3021 of D.C. Law 16-192 provided that subtitle B of title III of the act may be cited as the “Victims of Domestic Violence Grant-Making Act of 2006”.
Editor's Notes
Grant-making authority for assisting domestic violence victims: Section 3022 of D.C. Law 16-192 provided: “Beginning in fiscal year 2007, the Mayor is authorized to issue grants from local funds received for the Office of Victim Services to assist victims of domestic violence.”
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 5 - Victims of Crime › Subchapter I - Compensation for Crime Victims › § 4–503. Administration of Program

§ 4–503. Administration of Program.
(a) The administration of the Program is hereby designated to the Court, which shall issue rules and regulations as are necessary to carry out the provisions and purposes of this chapter.
(b) All records and computer software relating to the functions of the Program as originally established by the Victims of Violent Crime Compensation Act of 1981, effective April 6, 1982 (D.C. Law 4-100; § 4-531 et seq.) [repealed], are hereby transferred to the Court for the exclusive purpose of operating the Program.
(c) The Court shall:
(1) Investigate claims filed pursuant to this chapter;
(2) Obtain from an agency or department of the District of Columbia government or the United States government information, data, and assistance that will enable the Court to determine if a crime was committed or attempted and whether the claimant is eligible for compensation under this chapter;
(3) Process and maintain claims in the order they are filed, including claims previously filed pursuant to the Victims of Violent Crime Compensation Act of 1981, effective April 6, 1982 (D.C. Law 4-100; § 4-531 et seq.) [repealed];
(4) Determine each claim filed pursuant to this chapter and reinvestigate or reopen cases when necessary;
(5) Require and direct medical examination of victims or secondary victims when necessary;
(6) Publicize the existence of the Program and the procedure for obtaining compensation under the Program through the Court and the Board, the Metropolitan Police Department, the Office of the Attorney General for the District of Columbia, the Office of the United States Attorney for the District of Columbia, and other public or private agencies, organizations, and service providers; and
(7) Provide printed informational materials, including brochures and posters, in at least both English and Spanish.
(Apr. 9, 1997, D.C. Law 11-243, § 4, 44 DCR 1142; Apr. 6, 2023, D.C. Law 24-341, § 102(c), 69 DCR 14698.)
Prior Codifications
1981 Ed., § 3-423.
Emergency Legislation
See note to § 4-501.
References in Text
“The Victims of Violent Crime Compensation Act of 1981, effective April 6, 1982 (D.C. Law 4-100; D.C. Code § 3-401 et seq.),” referred to in (b) and (c)(3), was repealed by D.C. Law 11-243, § 20, effective April 9, 1997.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 5 - Victims of Crime › Subchapter I - Compensation for Crime Victims › § 4–504. Crime Victims Compensation Advisory Commission; establishment; membership; duties

§ 4–504. Crime Victims Compensation Advisory Commission; establishment; membership; duties.
(a) A Crime Victims Compensation Advisory Commission is established and shall consist of 15 members appointed by the Chief Judge of the Court. The Chief Judge shall designate one of the members as the Commission’s Chairperson. The Chief Judge may make an appointment to fill an unexpired term.
(b) The Commission's members shall:
(1) Serve for a term of 3 years;
(2) Be eligible for reappointment;
(3) Serve without compensation; and
(4) Elect any additional officers necessary for the efficient discharge of their duties.
(c) The Commission shall be composed of:
(1) The Chairperson of the Council committee with jurisdiction over victims' compensation or that person’s designee;
(2) One representative from the Office of the Attorney General for the District of Columbia;
(3) One representative from the Victim Witness Assistance Unit of the Office of the United States Attorney for the District of Columbia;
(4) One person engaged full-time in law enforcement;
(5) One member of the Public Defender Service for the District of Columbia;
(6) One hospital staff person involved with emergency services;
(7) One representative of the Department of Corrections;
(8) One person licensed to provide mental health counseling;
(9) One crime victim or survivor;
(10) One member of the public who has demonstrated a knowledge of, and sensitivity to, victim issues; and
(11) Five victim service providers representing victims of homicide, sexual assault, domestic violence, child abuse, and drunk driving.
(d) The Commission shall:
(1) Provide information, training, and technical assistance to the Court and be available to consult with and advise the Court on rules and regulations for the administration of the Program;
(2) Develop ongoing public awareness efforts and assist the Court in publicizing the Program; and
(3) Review the annual report submitted by the Court to the Council of the District of Columbia, advise the Council of deficiencies in the Program, and suggest necessary changes.
(Apr. 9, 1997, D.C. Law 11-243, § 5, 44 DCR 1142; Apr. 6, 2023, D.C. Law 24-341, § 102(d), 69 DCR 14698.)
Prior Codifications
1981 Ed., § 3-424.
Emergency Legislation
See note to § 4-501.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 5 - Victims of Crime › Subchapter I - Compensation for Crime Victims › § 4–505. Crime Victims Compensation Appeals Board; establishment; membership; duties

§ 4–505. Crime Victims Compensation Appeals Board; establishment; membership; duties.
(a) A Crime Victims Compensation Appeals Board is established in the Court. The Chief Judge shall appoint 5 members to the Board from among the membership of the Commission. Board members shall serve at the Chief Judge’s pleasure, reflect a variety of disciplines, and include at least 1 attorney. The Chief Judge shall designate 1 member to serve as the Board’s Chairperson, and may appoint qualified members of the Commission to serve as alternates on the Board when Board members are not available.
(b) Board members shall serve without compensation but may receive reimbursement for expenses in a manner and amount to be determined by the Court.
(c) The Board shall meet at least quarterly to hear appeals in contested cases as provided in § 4-517(d).
(Apr. 9, 1997, D.C. Law 11-243, § 6, 44 DCR 1142; Apr. 6, 2023, D.C. Law 24-341, § 102(e), 69 DCR 14698.)
Prior Codifications
1981 Ed., § 3-425.
Emergency Legislation
See note to § 4-501.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 5 - Victims of Crime › Subchapter I - Compensation for Crime Victims › § 4–508. Disqualifications and reductions

§ 4–508. Disqualifications and reductions.
(a) The Court shall not award compensation if the:
(1) Claimant knowingly or willingly participated in the commission of the crime which forms the basis for the claim; provided, that a claimant who was a minor and a victim of sex trafficking of children, may be awarded compensation; or
(2) Injury or death for which compensation is sought was caused by the victim’s consent, substantial provocation, or substantial incitement.
(b) An application for assistance may be denied, in whole or in part, if the Court finds:
(1) Denial is appropriate due to the nature of the victim’s or secondary victim’s involvement in the events leading to the relevant crime; or
(2)(A) The victim failed to reasonably cooperate with law enforcement; and
(B) The victim's cooperation was not impacted by the factors described in § 4-506(c).
(c) Notwithstanding subsections (a) and (b) of this section, if the victim is found to have willingly or knowingly participated, consented, provoked, or incited the crime, a secondary victim is not automatically precluded from compensation.
(d) Gang membership or co-habitation with the offender is not considered a disqualifying factor under subsections (a) or (b) of this section, unless the claimant will be substantially and unjustly enriched by the award.
(Apr. 9, 1997, D.C. Law 11-243, § 9, 44 DCR 1142; Oct. 23, 2010, D.C. Law 18-239, § 201(b), 57 DCR 5405; Apr. 6, 2023, D.C. Law 24-341, § 102(h), 69 DCR 14698.)
Prior Codifications
1981 Ed., § 3-428.
Effect of Amendments
D.C. Law 18-239, in subsec. (a)(1), substituted “claim; provided, that a claimant who was a minor and a victim of sex trafficking of children, may be awarded compensation; or” for “claim; or”.
Emergency Legislation
See note to § 4-501.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 5 - Victims of Crime › Subchapter I - Compensation for Crime Victims › § 4–509. Preservation of civil actions; subrogation

§ 4–509. Preservation of civil actions; subrogation.
(a) A claimant or the claimant’s successors in interest retain the right to recover damages from the offender or third parties, and the right to restitution from the offender.
(b) To the extent that the Court has made payment to or on behalf of the victim, restitution, if imposed by the Court, shall be paid to the Fund.
(c) The District is subrogated to the claimant’s right against the offender or third parties to the extent of any compensation awarded under this chapter. The District may initiate a lawsuit against the offender for damages or restitution or against third parties for damages.
(d) The claimant shall notify the Office of the Attorney General for the District of Columbia if a lawsuit for restitution or damages is instituted. The District may intervene in the lawsuit and is privy to a lien on recovery made from the lawsuit. If the funds are retrieved through subrogation, they shall be credited to the Fund.
(e) Application forms for compensation by the Program shall include a repayment subrogation agreement.
(Apr. 9, 1997, D.C. Law 11-243, § 10, 44 DCR 1142; Apr. 6, 2023, D.C. Law 24-341, § 102(i), 69 DCR 14698.)
Prior Codifications
1981 Ed., § 3-429.
Section References
This section is referenced in § 4-507 and § 4-515.
Emergency Legislation
See note to § 4-501.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 5 - Victims of Crime › Subchapter I - Compensation for Crime Victims › § 4–510. Emergency awards

§ 4–510. Emergency awards.
(a) If it appears likely that a final award will be made and that the claimant will suffer undue financial or emotional hardship if immediate financial assistance is not granted, an emergency award not exceeding $1,000 may be made prior to the final determination.
(b) If compensation is awarded, the Court shall deduct the amount of the emergency award from the final award.
(c) If the emergency award is greater than the final award, the claimant shall repay the difference.
(d) If compensation is not awarded, the claimant shall repay the emergency award to the Fund.
(e) The District of Columbia may recover or institute a lien on outstanding funds. Any funds recovered shall be credited to the Fund.
(Apr. 9, 1997, D.C. Law 11-243, § 11, 44 DCR 1142.)
Prior Codifications
1981 Ed., § 3-430.
Section References
This section is referenced in § 4-515.
Emergency Legislation
See note to § 4-501.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 5 - Victims of Crime › Subchapter I - Compensation for Crime Victims › § 4–511. Confidentiality

§ 4–511. Confidentiality.
(a) Information, records, and transcripts of hearings contained in the claims files under the provisions of this chapter are confidential and not open to public inspection, except that:
(1) A claimant or the representative of a claimant, whether an individual or an organization, may review that person’s claim or receive specific information therefrom. Information shall be released to a claimant’s representative only upon presentation of the signed authorization of the claimant.
(2) Physicians treating or examining claimants seeking benefits under this chapter or physicians giving medical advice to the Court regarding any claim, may, at the discretion of the Court, inspect the claims files and records of the claimant. Other persons may inspect a claimant’s files and records only when rendering assistance to the Court on a matter pertaining to the administration of this chapter.
(b) The Court shall not include the name of any claimant in the annual report to the Council of the District of Columbia, unless authorized by the claimant.
(c) Each record or report obtained by the Court, the confidentiality of which is protected by any other law or regulation, remains confidential subject to that law or regulation.
(Apr. 9, 1997, D.C. Law 11-243, § 12, 44 DCR 1142.)
Prior Codifications
1981 Ed., § 3-431.
Section References
This section is referenced in § 4-507.
Emergency Legislation
See note to § 4-501.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 5 - Victims of Crime › Subchapter I - Compensation for Crime Victims › § 4–513. False claims

§ 4–513. False claims.
(a) It shall be a misdemeanor to knowingly submit false information or suppress relevant information concerning a claim under this chapter. Law enforcement authorities investigating possible false claims referred by the Court under this section have complete access to the claimant’s files for the purpose of pursuing a false claim investigation.
(b) A person convicted of an offense under this section shall be fined not more than $1,000 or imprisoned for not more than 180 days, or both. A person convicted of an offense under this section forfeits compensation under this chapter and shall repay to the District of Columbia all compensation received pursuant to this chapter. The United States Attorney’s Office shall prosecute crimes under this section.
(Apr. 9, 1997, D.C. Law 11-243, § 14, 44 DCR 1142.)
Prior Codifications
1981 Ed., § 3-433.
Section References
This section is referenced in § 4-515.
Emergency Legislation
See note to § 4-501.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 5 - Victims of Crime › Subchapter I - Compensation for Crime Victims › § 4–514. Annual report

§ 4–514. Annual report.
The Chief Judge of the Court shall report annually to the Council of the District of Columbia on the status and activities of the Program. The report shall include, but not be limited to, the following information:
(1) An explanation of the procedures for filing and processing claims;
(2) A description of the programs and policies instituted to promote public awareness about crime victims compensation;
(3) An analysis of future needs and suggested Program improvements;
(4) A copy of the application forms utilized under this chapter; and
(5) A complete statistical analysis of the cases handled, including the:
(A) Number of claims filed;
(B) Number of claims approved and the amount of each award;
(C) Number of claims denied and the reasons for rejection;
(D) Average length of time to process a claim;
(E) Number of contested cases reviewed by the Board and the disposition of those cases;
(F) Number of contested cases reviewed by the Chief Judge and the disposition of those cases;
(G) Number of cases in which a claimant was represented by an attorney or a law student;
(H) Cumulative total of attorneys’ fees paid;
(I) Breakdown of claims by age, sex, and primary language of the victim, type of crime committed, and other relevant facts;
(J) Individual amounts of revenues attributable to assessments on misdemeanor and traffic offenses;
(K) Number of cases pending, and the future liability of the Fund; and
(L) Total amount of program expenditures for benefit payments, personnel, and other administrative costs.
(Apr. 9, 1997, D.C. Law 11-243, § 15, 44 DCR 1142.)
Prior Codifications
1981 Ed., § 3-434.
Emergency Legislation
See note to § 4-501.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 5 - Victims of Crime › Subchapter I - Compensation for Crime Victims › § 4–516. Assessments

§ 4–516. Assessments.
(a)(1) In addition to and separate from punishment imposed, an assessment of $100 for each violation of the following crimes, an assessment of between $50 and $250 for other serious traffic or misdemeanor offenses, and an assessment of between $100 and $5,000 for each felony offense shall be imposed upon each person convicted of or pleading guilty or nolo contendere to the offense in the Court or any other court in which the offense charged is:
(A) Leaving after colliding, as defined in § 50-2201.05c;
(B) Object falling or flying from vehicle, as defined in § 50-2201.05d;
(C) Driving under the influence (DUI) of alcohol or a drug, as defined in § 50-2206.11;
(D) Driving under the influence of alcohol or a drug (commercial vehicle), as defined in § 50-2206.12;
(E) Operating a vehicle while impaired, as defined in § 50-2206.14;
(F) Operating under the influence of alcohol or a drug (horse-drawn vehicle), as defined in § 50-2206.16;
(G) Operating under the influence of alcohol or a drug (watercraft), as defined in § 50-2206.31; or
(H) Operating a watercraft while impaired, as defined in § 50-2206.33.
(2) The decision of the Court regarding assessments is final.
(3) If an offender is indigent at the time of sentencing and is later employed for salary, receives compensation while on probation or parole, or is incarcerated in a facility of the Department of Corrections or elsewhere and receives wages or compensation therein, the amount of assessments under this section shall be paid from such salary, wages, or other compensation.
(b) The probation office of the Court shall monitor collection of assessments levied against defendants released on probation. The Department of Corrections shall monitor collection of assessments levied against incarcerated defendants. The District of Columbia Board of Parole shall consider satisfaction of assessments under this section when determining release of inmates eligible for parole. If an inmate is released on parole prior to satisfaction of an assessment, the District of Columbia Board of Parole shall monitor collection of the balance due.
(c) Assessments under this chapter shall be collected as fines. Failure to pay assessments as ordered by the Court will subject a defendant so ordered to sanctions provided pursuant to § 16-706.
(Apr. 9, 1997, D.C. Law 11-243, § 17, 44 DCR 1142; Apr. 6, 2023, D.C. Law 24-341, § 102(l), 69 DCR 14698.)
Prior Codifications
1981 Ed., § 3-436.
Section References
This section is referenced in § 4-515.
Emergency Legislation
See note to § 4-501.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 5 - Victims of Crime › Subchapter I - Compensation for Crime Victims › § 4–517. Duty of law enforcement agencies

§ 4–517. Duty of law enforcement agencies.
(a) All law enforcement agencies in the District of Columbia shall inform victims or secondary victims of the existence of the Program and provide application forms to victims and secondary victims.
(b) No law enforcement agency shall be civilly liable for a failure to comply with subsection (a) of this section.
(c) The Court shall provide application forms, other documents, and general information that law enforcement agencies may require to comply with this section.
(Apr. 9, 1997, D.C. Law 11-243, § 18, 44 DCR 1142.)
Prior Codifications
1981 Ed., § 3-437.
Section References
This section is referenced in § 4-505.
Emergency Legislation
See note to § 4-501.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 5 - Victims of Crime › Subchapter I - Compensation for Crime Victims › § 4–517.01. Crime victims assistance

§ 4–517.01. Crime victims assistance.
(a) The victims assistance grants agency shall have the authority to use the funds transferred pursuant to § 4-515 to award grants and contracts to private nonprofit organizations and to transfer funds to government entities which provide assistance to crime victims.
(b) Repealed.
(Apr. 9, 1997, D.C. Law 11-243, § 18a; as added Oct. 19, 2000, D.C. Law 13-172, § 202(e), 47 DCR 6308; Dec. 7, 2004, D.C. Law 15-205, § 1192(f), 51 DCR 8441.)
Effect of Amendments
D.C. Law 15-205 repealed subsec. (b).
Emergency Legislation
For temporary (90-day) addition of section, see § 202(e) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).
For temporary (90 day) amendment of section, see § 1192(f) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).
For temporary (90 day) amendment of section, see § 1192(f) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 5 - Victims of Crime › Subchapter I - Compensation for Crime Victims › § 4–518. Appropriations

§ 4–518. Appropriations.
Funds may be appropriated as necessary to carry out this chapter.
(Apr. 9, 1997, D.C. Law 11-243, § 19, 44 DCR 1142.)
Prior Codifications
1981 Ed., § 3-438.
Section References
This section is referenced in § 4-515.
Emergency Legislation
See note to § 4-501.
For temporary (90 day) addition of § 4-519, see § 202(e) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).