reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 13 - Child Abuse and Neglect › Subchapter I - Prevention of Child Abuse and Neglect › Part C - Child and Family Services Agency › § 4–1303.05. Medical treatment authorized

§ 4–1303.05. Medical treatment authorized.
When the Agency has physical custody of a child pursuant to § 4-1303.03 or pursuant to § 16-2313 or § 16-2320, it may:
(1) Authorize a medical evaluation or emergency medical, surgical, or dental treatment, or authorize an outpatient psychiatric evaluation or emergency outpatient psychiatric treatment, at any time; and
(2) Authorize non-emergency outpatient medical, surgical, dental or psychiatric treatment, or autopsy, when reasonable efforts to consult the parent have been made but a parent cannot be consulted.
(Sept. 23, 1977, D.C. Law 2-22, title III, § 305, 24 DCR 3341; Apr. 4, 2001, D.C. Law 13-277, § 2(q), 48 DCR 2043.)
Prior Codifications
1981 Ed., § 6-2125.
1973 Ed., § 6-2135.
Effect of Amendments
D.C. Law 13-277, in the lead-in sentence, substituted “Agency has physical custody of a child pursuant to § 4-1303.03” for “Department of Human Services has physical custody of a child pursuant to subsection (b) or (c) of § 4-1303.04”; rewrote par. (1); and, in par. (2), inserted “outpatient”. Prior to amendment, par. (1) read:
“(1) Authorize a medical and psychiatric evaluation and/or emergency medical, surgical, dental, or psychiatric treatment at any time; and”
Editor's Notes
For applicability of D.C. Law 13-277, see note following § 4-1303.01a.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 13 - Child Abuse and Neglect › Subchapter I - Prevention of Child Abuse and Neglect › Part C - Child and Family Services Agency › § 4–1303.07. Unauthorized disclosure of records

§ 4–1303.07. Unauthorized disclosure of records.
Whoever willfully discloses, receives, makes use of or knowingly permits the use of confidential information concerning a child or individual in violation of this subchapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000. A violation of this section shall be prosecuted by the Corporation Counsel of the District of Columbia.
(Sept. 23, 1977, D.C. Law 2-22, title III, § 307; as added Oct. 18, 1979, D.C. Law 3-29, § 2, 26 DCR 678.)
Prior Codifications
1981 Ed., § 6-2127.
1973 Ed., § 6-2137.
Emergency Legislation
For temporary (90-day) addition of § 6-2128 1981 Ed., see § 2(b) of the Public Disclosure of Findings and Information in Cases of Child Fatality or Near Fatality Emergency Amendment Act of 2000 (D.C. Act 13-428, August 14, 2000, 47 DCR 7451).
For temporary (90 day) addition of § 4-1303.08, see § 2(b) of the Public Disclosure of Findings and Information in Cases of Child Fatality or Near Fatality Legislative Review Emergency Amendment Act of 2000 (D.C. Act 13-491, December 18, 2000, 48 DCR 57).
For temporary (90 day) addition of § 4-1303.08, see § 2(b) of Public Disclosure of Findings and Information in Cases of Child Fatality or Near Fatality Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-6, February 13, 2001, 48 DCR 2479).
Temporary Legislation
For temporary (225 day) addition of section, see § 2(b) of Public Disclosure of Findings and Information in Cases of Child Fatality or Near Fatality Temporary Amendment Act of 2000 (D.C. Law 13-215, April 3, 2001, law notification 38 DCR 3457).
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 13 - Child Abuse and Neglect › Subchapter I - Prevention of Child Abuse and Neglect › Part C - Child and Family Services Agency › § 4–1303.09. Voluntary Foster Care Registry Fund

§ 4–1303.09. Voluntary Foster Care Registry Fund.
(a) There is established as a nonlapsing fund the Voluntary Foster Care Registry Fund (“VFCR Fund”), into which shall be deposited all fees collected pursuant to § 4-1303.08(c)(2)(A) and any gift or appropriation intended to assist in the funding of the Voluntary Foster Care Registry, which shall be solely used to cover the costs of administering the Voluntary Foster Care Registry.
(b) All funds deposited into the VFCR Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the purpose set forth in subsection (a) of this section without regard to fiscal year limitation, subject to authorization by Congress.
(Sept. 23, 1977, D.C. Law 2-22, title III, § 309; as added Sept. 24, 2010, D.C. Law 18-230, § 301(b), 57 DCR 6951.)
Effect of Amendments
D.C. Law 18-230 added this section.
Emergency Legislation
For temporary repeal of D.C. Law 18-230, § 701, see § 110 of the Fiscal Year 2013 Budget Support Technical Clarification Emergency Amendment Act of 2012 (D.C. Act 19-482, October 12, 2012, 59 DCR 12478).
For temporary repeal of D.C. Law 18-230, § 701, see § 110 of the Fiscal Year 2013 Budget Support Technical Clarification Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-604, January 14, 2013, 60 DCR 1045), applicable as of January 10, 2013.
For temporary (90 days) repeal of D.C. Law 18-230, § 701, see § 7012 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).
For temporary (90 days) repeal of D.C. Law 18-230, § 701, see § 7012 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).
Temporary Legislation
Section 110 of D.C. Law 19-226 repealed D.C. Law 18-230, § 701.
Section 402(b) of D.C. Law 19-226 provided that the act shall expire after 225 days of its having taken effect.
Short Title
Section 7001 of D.C. Law 20-61 provided that Subtitle A of Title VII of the act may be cited as the “Subject to Appropriations Repealers Amendment Act of 2013”.
Editor's Notes
Section 701 of D.C. Law 18-230 provided: “Sec. 701. Applicability. Title III of this act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan.”
Section 7012 of D.C. Law 20-61 repealed D.C. Law 18-230, § 701.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 13 - Child Abuse and Neglect › Subchapter I - Prevention of Child Abuse and Neglect › Part C - Child and Family Services Agency › § 4–1303.10. Grants

§ 4–1303.10. Grants.
In Fiscal Year 2020, the Agency shall award, on a competitive basis, grants to:
(1) Support a program that provides targeted legal intervention services in matters involving child custody, child support, domestic violence, landlord-tenant issues, housing conditions, federally subsidized housing defense, and access to public benefits, for the purpose of preventing families from unnecessarily entering the child welfare system, in the amount of $200,000; provided, that the selected program shall have contracted with the Agency in Fiscal Year 2019 for the provision of such services;
(2) Support a program that helps fathers gain the knowledge and skills necessary to improve their involvement and connection to their children through voluntary home visits, parenting support, child-development information and activities, health education and support, family goal planning, adult literacy, legal advocacy, access to community resources, and activities that promote bonding and healthy habits, in the amount of $150,000; provided, that the selected program shall have received Community-Based Child Abuse Prevention grant funding from the Agency in Fiscal Year 2018;
(3) Support a program that provides services to youth between 11 and 24 years of age that have been, or are at risk of, becoming victims of sex trafficking, as that term is defined in section 103(12) of the Trafficking Victims Protection Act of 2000, approved October 28, 2000 (114 Stat. 1469; 22 U.S.C. § 7102(12)), that are not in the Agency's care and custody, in the amount of $150,000; and
(4) Support a program that provides parenting group sessions and home visitation services to families, with an emphasis on services that assist mothers who are homeless, victims of domestic violence, and reuniting with their children following a period of incarceration, in the amount of $160,000; provided, that the selected program shall have received Community-Based Child Abuse Prevention grant funding from the Agency in Fiscal Years 2018 and 2019.
(Sept. 23, 1977, D.C. Law 2-22, title III, § 310; as added Sept. 11, 2019, D.C. Law 23-16, § 5062, 66 DCR 8621.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 5062 of the Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).
For temporary (90 days) creation of this section, see § 5062 of the Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 13 - Child Abuse and Neglect › Subchapter I - Prevention of Child Abuse and Neglect › Part C - Child and Family Services Agency › § 4–1303.11. Agency's responsibilities to the Office of the Ombudsperson for Children

§ 4–1303.11. Agency's responsibilities to the Office of the Ombudsperson for Children.
(a) The Agency shall:
(1) Notify the Office of the Ombudsperson for Children ("Ombudsperson for Children"), established by Chapter 6C of this title, in writing within 24 hours of the Agency becoming aware of an allegation of a critical incident;
(2) Provide the Ombudsperson for Children with copies of proposed revisions to current policies or regulations, or proposed new policies or regulations, including administrative issuances, at least 10 days prior to issuance; except, that the 10-day notice requirement shall not apply to the issuance of emergency regulations; and
(3) Post the Ombudsperson's report issued pursuant to § 4-671.08(b), on the Agency's website to be made available to the public.
(b) For purposes of this section, the term:
(1) "Critical incident" means:
(A) The death of a child known or who has been known to the Agency within 4 years prior to the child's death;
(B) A near fatality or serious bodily injury resulting from child abuse or neglect or caused by any other means while a child is under the Agency's care and custody; or
(C) An act that causes significant impairment to a child's physical or mental condition, as determined by qualified medical personnel, including instances of sexual assault, sex trafficking, or broken bones that come to the attention of the Agency.
(2) "Near fatality" means any act that threatens the life of a child as determined by a medical or other qualified professional.
(3) "Serious bodily injury" shall have the same meaning as provided in § 22-3001(7).
(Sept. 23, 1977, D.C. Law 2-22, title III, § 311; as added Apr. 5, 2021, D.C. Law 23-270, § 201(c), 68 DCR 001510.)
Applicability
Section 7208 of D.C. Law 24-45 repealed the applicability provision of section 301 of D.C. Law 23-270 that impacted this section. Therefore the creation of this section by Law 23-270 has been implemented.
Section 7208 of D.C. Act 24-159 repealed the applicability provision of section 301 of D.C. Law 23-270 that impacted this section. Therefore the creation of this section by Law 23-270 has been implemented.
Applicability of D.C. Law 23-270: § 301 of D.C. Law 23-270 provided that the creation of this section by § 201(c) of D.C. Law 23-270 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 13 - Child Abuse and Neglect › Subchapter I - Prevention of Child Abuse and Neglect › Part C-i - Public Disclosure of Findings and Information in Cases of Child Fatality or Near Fatality › § 4–1303.33. Civil action to compel disclosure

§ 4–1303.33. Civil action to compel disclosure.
(a) Any person who has submitted a request to the disclosing official to release findings and information under § 4-1303.32, and whose request has been denied in whole or in part, may bring a civil action in the Superior Court of the District of Columbia (“Superior Court”) to compel the disclosing official to release the findings and information as requested.
(b) A suit filed under this section shall be set for hearing by the Superior Court at the earliest practicable time and shall be given all possible expedited treatment.
(c) In any suit filed under this section, the Superior Court may order the production of any findings or information improperly withheld from the person seeking disclosure.
(d) The burden is on the disclosing official to sustain his or her action. The court shall determine the matter de novo, and may examine the contents of the requested findings and information in camera to determine whether the findings and information, or any part thereof, shall be withheld under § 4-1303.32(a)(2).
(e) If a person seeking the right to inspect or to receive a copy of findings and information prevails in whole or in part in a civil action filed under this section, he or she may be awarded reasonable attorney fees and other costs of litigation.
(Sept. 23, 1977, D.C. Law 2-22, title IIIA, § 333; as added Feb. 13, 2002, D.C. Law 14-69, § 2(b), 48 DCR 11072.)
Emergency Legislation
For temporary (90 day) addition of this section, see section 2(b) of Public Disclosure of Findings and Information in Cases of Child Fatality or Near Fatality Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-6, February 13, 2001, 48 DCR 2479).
For temporary (90 day) addition of section, see § 2(b) of Public Disclosure of Findings and Information in Cases of Child Fatality or Near Fatality Second Emergency Amendment Act of 2001 (D.C. Act 14-191, November 29, 2001, 48 DCR 11233).
For temporary (90 day) addition of section, see § 2(b) of Public Disclosure of Findings and Information in Cases of Child Fatality or Near Fatality Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-286, February 25, 2002, 49 DCR 2317).
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 13 - Child Abuse and Neglect › Subchapter I - Prevention of Child Abuse and Neglect › Part C-i - Public Disclosure of Findings and Information in Cases of Child Fatality or Near Fatality › § 4–1303.34. Immunity

§ 4–1303.34. Immunity.
The District, the disclosing official, and any agencies, committees, officials, officers, employees, or attorneys of the District authorized by the disclosing official to assist the disclosing official with his or her responsibilities and duties under this part shall have full immunity from any civil or criminal liability relating to a decision made in good faith to disclose findings and information related to a child fatality or near fatality under this part.
(Sept. 23, 1977, D.C. Law 2-22, title IIIA, § 334; as added Feb. 13, 2002, D.C. Law 14-69, § 2(b), 48 DCR 11072.)
Emergency Legislation
For temporary (90 day) addition of this section, see section 2(b) of Public Disclosure of Findings and Information in Cases of Child Fatality or Near Fatality Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-6, February 13, 2001, 48 DCR 2479).
For temporary (90 day) addition of section, see § 2(b) of Public Disclosure of Findings and Information in Cases of Child Fatality or Near Fatality Second Emergency Amendment Act of 2001 (D.C. Act 14-191, November 29, 2001, 48 DCR 11233).
For temporary (90 day) addition of section, see § 2(b) of Public Disclosure of Findings and Information in Cases of Child Fatality or Near Fatality Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-286, February 25, 2002, 49 DCR 2317).
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 13 - Child Abuse and Neglect › Subchapter I - Prevention of Child Abuse and Neglect › Part C-i - Public Disclosure of Findings and Information in Cases of Child Fatality or Near Fatality › § 4–1303.35. Freedom of Information Act requests

§ 4–1303.35. Freedom of Information Act requests.
Nothing in this part shall limit or restrict any right of access or disclosure that any person may have under subchapter II of Chapter 5 of Title 2 (“Freedom of Information Act”). Section 4-1303.06 shall not provide a basis for denying any request under the Freedom of Information Act for any public record pertaining to a child fatality or near fatality.
(Sept. 23, 1977, D.C. Law 2-22, title IIIA, § 335; as added Feb. 13, 2002, D.C. Law 14-69, § 2(b), 48 DCR 11072.)
Emergency Legislation
For temporary (90 day) addition of this section, see section 2(b) of Public Disclosure of Findings and Information in Cases of Child Fatality or Near Fatality Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-6, February 13, 2001, 48 DCR 2479).
For temporary (90 day) addition of section, see § 2(b) of Public Disclosure of Findings and Information in Cases of Child Fatality or Near Fatality Second Emergency Amendment Act of 2001 (D.C. Act 14-191, November 29, 2001, 48 DCR 11233).
For temporary (90 day) addition of section, see § 2(b) of Public Disclosure of Findings and Information in Cases of Child Fatality or Near Fatality Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-286, February 25, 2002, 49 DCR 2317).
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 13 - Child Abuse and Neglect › Subchapter I - Prevention of Child Abuse and Neglect › Part C-i - Public Disclosure of Findings and Information in Cases of Child Fatality or Near Fatality › § 4–1303.36. Rules

§ 4–1303.36. Rules.
The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to implement the provisions of this part. The rules issued pursuant to this section shall be transmitted to the Council within 30 days of February 13, 2002, for a 45-day period of Council review (excluding days of Council recess). If the Council does not approve or disapprove the rules by resolution within the 45-day review period, the rules shall be deemed approved.
(Sept. 23, 1977, D.C. Law 2-22, title IIIA, § 336; as added Feb. 13, 2002, D.C. Law 14-69, § 2(b), 48 DCR 11072.)
Emergency Legislation
For temporary (90 day) addition of this section, see section 2(b) of Public Disclosure of Findings and Information in Cases of Child Fatality or Near Fatality Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-6, February 13, 2001, 48 DCR 2479).
For temporary (90 day) addition of section, see § 2(b) of Public Disclosure of Findings and Information in Cases of Child Fatality or Near Fatality Second Emergency Amendment Act of 2001 (D.C. Act 14-191, November 29, 2001, 48 DCR 11233).
For temporary (90 day) addition of section, see § 2(b) of Public Disclosure of Findings and Information in Cases of Child Fatality or Near Fatality Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-286, February 25, 2002, 49 DCR 2317).
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 13 - Child Abuse and Neglect › Subchapter I - Prevention of Child Abuse and Neglect › Part C-ii - Citizen Review Panel › § 4–1303.51. Establishment of the Citizen Review Panel; purposes; duties

§ 4–1303.51. Establishment of the Citizen Review Panel; purposes; duties.
(a) There is hereby established the Citizen Review Panel, whose purpose is to serve as an external, independent oversight body for the District’s child welfare system, evaluating the strengths and weaknesses of District government agencies involved in child protection as well as neighborhood-based services provided by vendors.
(b) The Panel shall examine the policies, practices, and procedures of the Agency and any other District government agency that provides services to children at risk of abuse and neglect, or to children under the care of the Agency, including, as appropriate, the review of specific child cases. Based on this examination, the Panel shall evaluate the extent to which agencies serving children at risk of abuse or neglect, or children under the care of the Agency, are effectively discharging their child protection responsibilities in accordance with:
(1) The State plan required by section 106(b) of the Child Abuse Prevention and Treatment Act, approved April 25, 1988 (102 Stat. 110; 42 U.S.C. § 5106A(b));
(2) The child protection standards set forth in section 106(b) of the Child Abuse Prevention and Treatment Act, approved April 25, 1988 (102 Stat. 110; 42 U.S.C. § 5106A(b)); and
(3) Any other criteria that the Panel deems important to ensure the protection of children.
(c) The Panel shall solicit public outreach and comment in order to assess the impact of current policies, practices, and procedures of the child welfare system on children and families in the District of Columbia.
(d)(1) The Panel shall submit a report, no later than April 30th of each year, to the Mayor, Council, and Agency, summarizing the Panel’s activities and findings during the prior calendar year, containing recommendations on how to improve child welfare services and outcomes in the District of Columbia, and providing information on the progress the District government is making in implementing the recommendations of the Panel.
(2) The Agency shall make the annual report available to the public by providing access to it on its Internet site.
(3) Not later than 6 months after the Panel publishes the annual report, the Agency shall provide a written response that describes whether or how the Agency, in coordination with other government agencies, will implement the Panel’s recommendations in order to make measurable progress in improving the child welfare system.
(Sept. 23, 1977, D.C. Law 2-22, title IIIB, § 351; as added Apr. 12, 2005, D.C. Law 15-341, § 2(m), 52 DCR 2315.)
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 13 - Child Abuse and Neglect › Subchapter I - Prevention of Child Abuse and Neglect › Part C-ii - Citizen Review Panel › § 4–1303.52. Panel membership

§ 4–1303.52. Panel membership.
(a) The Panel shall be comprised of 15 members to be appointed as follows:
(1) Eight members shall be appointed by the Mayor, and
(2) Seven members shall be appointed by the Council by resolution.
(b)(1) Panel members shall be residents of the District.
(2) None of the members shall be employed by the District government.
(3) No more than 2 members appointed by the Mayor, and no more than 2 members appointed by the Council, shall serve as an officer, director, partner, employee, consultant, or contractor with an organization that provides services to the Agency.
(c) In making their appointments, the Mayor and Council shall establish a Panel that is broadly representative of the community and includes members who have expertise in the prevention and treatment of child abuse and neglect. The Mayor and Council shall seek to include a diversity of professional backgrounds on the panel, such as children’s attorneys, child advocates, parents, foster parents, and other consumer representatives, social workers, educators, and health and mental health professionals who are familiar with the child welfare system.
(d) The Mayor’s initial 8 appointments shall include 3 members appointed to 3-year terms that begin on April 12, 2005, 3 members appointed to 2-year terms that begin on April 12, 2005, and 2 members appointed to one year terms that begin on April 12, 2005. All subsequent appointments by the Mayor shall be for 3-year terms.
(e) The Council’s initial 7 appointments shall include 3 members appointed to 3-year terms that begin on April 12, 2005, 2 members appointed to 2-year terms that begin on April 12, 2005, and 2 members appointed to one-year terms that begin on April 12, 2005. All subsequent appointments by the Council shall be for 3-year terms.
(f)(1) Vacancies in membership shall be filled in the same manner in which the original appointment was made, with the newly appointed member serving the unexpired term of his or her predecessor.
(2) Members may be reappointed to the Panel.
(g) The Mayor shall designate the Chairperson of the Panel and the Council shall designate the Vice Chairperson of the Panel.
(Sept. 23, 1977, D.C. Law 2-22, title IIIB, § 352; as added Apr. 12, 2005, D.C. Law 15-341, § 2(m), 52 DCR 2315.)
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 13 - Child Abuse and Neglect › Subchapter I - Prevention of Child Abuse and Neglect › Part C-ii - Citizen Review Panel › § 4–1303.53. Panel procedures; meetings; staff support

§ 4–1303.53. Panel procedures; meetings; staff support.
(a)(1) A quorum shall consist of 8 members and the Panel shall develop written bylaws, with the approval of a majority of Panel members, to establish other procedural requirements it considers necessary, including the designation of additional officers.
(2) The Panel may establish such committees as it considers necessary, according to rules set forth in the bylaws.
(3) The Panel may establish written protocols to guide its work in evaluating the policies, practices, procedures, and performance of the child welfare system.
(b)(1) The Panel shall meet not less than once every 3 months, in appropriate meeting space provided by the Agency, at no cost.
(2) Panel meetings shall be open to the public, except that the Panel shall meet in closed session when it is reviewing specific child cases.
(3) Any resolution, rule, act, regulation, or other official action is effective only if it is taken, made, or enacted at an open meeting as defined in § 1-207.42.
(c)(1) The Panel shall receive staff support from one or more employees of the Agency, as designated by the Director of the Agency.
(2) The Agency shall include in its annual performance-based budget submission to the Mayor and Council, beginning in Fiscal Year 2007, an activity-level line item for the Panel, which will include personal services and non-personal services funding.
(Sept. 23, 1977, D.C. Law 2-22, title IIIB, § 353; as added Apr. 12, 2005, D.C. Law 15-341, § 2(m), 52 DCR 2315.)
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 13 - Child Abuse and Neglect › Subchapter I - Prevention of Child Abuse and Neglect › Part C-ii - Citizen Review Panel › § 4–1303.55. Conflict of interest

§ 4–1303.55. Conflict of interest.
Panel members shall be subject to the conflict of interest and disclosure requirements established by §§ 1-1162.23 and 1-1162.24. Any member affiliated with an organization providing services to children or families, as an officer, director, partner, employee, consultant, or contractor, shall recuse himself or herself from any discussion of specific cases that involve the organization, and shall also recuse himself or herself from any discussion of findings or recommendations that involve the organization.
(Sept. 23, 1977, D.C. Law 2-22, title IIIB, § 355; as added Apr. 12, 2005, D.C. Law 15-341, § 2(m), 52 DCR 2315; Apr. 27, 2012, D.C. Law 19-124,§ 501(j), 59 DCR 1862.)
Effect of Amendments
D.C. Law 19-124 substituted “§§ 1-1162.23 and 1-1162.24” for “§§ 1-1106.01 and 1-1106.02”.
Emergency Legislation
For temporary (90 day) amendment of section, see § 401(j) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 13 - Child Abuse and Neglect › Subchapter I - Prevention of Child Abuse and Neglect › Part C-iii - Statements of Rights and Responsibilities for Youth in Foster Care › § 4–1303.71. Definitions

§ 4–1303.71. Definitions.
For the purposes of this part, the term “Youth” means an individual under 21 years of age who is in the care of the Agency.
(Sept. 23, 1977, D.C. Law 2-22, title III-C, § 371; as added Apr. 23, 2013, D.C. Law 19-276, § 2, 60 DCR 2060.)
Effect of Amendments
The 2013 amendment by D.C. Law 19-276 added this section.
Emergency Legislation
For temporary addition of this part, see § 2 of the Foster Youth Statements of Rights and Responsibilities Emergency Amendment Act of 2012 (D.C. Act 19-622, January 22, 2013, 60 DCR 1338).
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 13 - Child Abuse and Neglect › Subchapter I - Prevention of Child Abuse and Neglect › Part C-iii - Statements of Rights and Responsibilities for Youth in Foster Care › § 4–1303.72. Statements of Rights and Responsibilities

§ 4–1303.72. Statements of Rights and Responsibilities.
(a) Within 90 days of April 23, 2013, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall amend existing rules governing youth in foster care, namely, 29 DCMR §§ 6004, 6203, and 6303, (Statement of Rights and Responsibilities for youth in foster homes, group homes, and independent living programs), to:
(1) Incorporate existing rights for youth in foster care provided by local law, federal law, local regulations, agency administrative issuances, and other policy documents; and
(2) State that a youth in foster care has the right to receive and have the youth’s caregivers and guardians ad litem receive, if the youth is under 18 years of age, at least 30 days before leaving care, copies of the youth’s:
(A) Birth certificate;
(B) Original social security card;
(C) State and District identification cards;
(D) Immunization records;
(E) Medical insurance information;
(F) Education portfolios and health records;
(G) Immigration documents; and
(H) Other personal information as the Mayor deems appropriate.
(b) Statements of Rights and Responsibilities required by subsection (a) of this section (“Statements of Rights and Responsibilities”) shall guarantee that each youth will receive the following:
(1) A printed copy of the Statements of Rights and Responsibilities in readily understandable language;
(2) An explanation of each youth’s right to be informed of all decisions made on the youth’s behalf by the Agency;
(3) An explanation of each youth’s right to report violations of the youth’s rights to the Agency;
(4) The process for reporting rights violations to the Agency; and (5) An explanation of the process for contacting the Agency to make concerns about care, placement, and services.
(c) Proposed rules to implement this part shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within the 45-day review period, the proposed rules shall be deemed disapproved.
(Sept. 23, 1977, D.C. Law 2-22, title III-C, § 372; as added Apr. 23, 2013, D.C. Law 19-276, § 2, 60 DCR 2060.)
Effect of Amendments
The 2013 amendment by D.C. Law 19-274 added this section.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 13 - Child Abuse and Neglect › Subchapter I - Prevention of Child Abuse and Neglect › Part C-iii - Statements of Rights and Responsibilities for Youth in Foster Care › § 4–1303.73. Dissemination of rights and responsibilities information

§ 4–1303.73. Dissemination of rights and responsibilities information.
(a) When a youth comes under the care of the Agency, the Agency shall inform the youth of the youth’s rights and disseminate to the youth and the appropriate care providers the Statements of Rights and Responsibilities.
(b) The Agency shall disseminate the Statements of Rights and Responsibilities and related information to youth and individuals who entered care before April 23, 2013.
(c) The Agency shall incorporate the Statements of Rights and Responsibilities into scheduled trainings for social workers and other affected partners, including providers, foster parents, and other persons who are associated with the care of youth.
(Sept. 23, 1977, D.C. Law 2-22, title III-C, § 373; as added Apr. 23, 2013, D.C. Law 19-276, § 2, 60 DCR 2060.)
Effect of Amendments
The 2013 amendment by D.C. Law 19-274 added this section.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 13 - Child Abuse and Neglect › Subchapter I - Prevention of Child Abuse and Neglect › Part C-iii - Statements of Rights and Responsibilities for Youth in Foster Care › § 4–1303.74. Implementation plan

§ 4–1303.74. Implementation plan.
(a) Within 90 days of April 23, 2013, the Agency shall develop an implementation plan for the dissemination of the Statements of Rights and Responsibilities and a mechanism for receiving and handling complaints or concerns made by youth or on behalf of youth and provide a mechanism to resolve issues related to the youth’s care, placement, and services through the Agency.
(b) The Agency shall have the following responsibilities regarding the implementation of this part:
(1) Investigate and attempt to promptly resolve concerns made by youth or on behalf of youth;
(2) Document the number, general sources and origins, and nature of the complaints;
(3) Beginning February 28, 2018, and every February 28th thereafter, through the Director, make available to the Council a report containing data collected over the course of the prior year that includes the following information:
(A) The number of contacts made to the Agency by telephone, website address, or otherwise;
(B) The number of concerns made, including the type and general sources of those concerns;
(C) The number of investigations performed;
(D) The number of pending concerns; and
(E) The trends and issues that arose in the course of investigating concerns and outcomes of the investigations conducted; and
(4) Post the report required by paragraph (3) of this subsection on the Agency’s website so that it is readily available to the public.
(Sept. 23, 1977, D.C. Law 2-22, title III-C, § 374; as added Apr. 23, 2013, D.C. Law 19-276, § 2, 60 DCR 2060; Feb. 18, 2017, D.C. Law 21-217, § 2(b), 63 DCR 16009; Dec. 13, 2017, D.C. Law 22-33, § 5023(a), 64 DCR 7652.)
Effect of Amendments
The 2013 amendment by D.C. Law 19-274 added this section.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 5023(a) of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).
For temporary (90 days) amendment of this section, see § 5023(a) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 13 - Child Abuse and Neglect › Subchapter I - Prevention of Child Abuse and Neglect › Part C-iv - Statements of Rights and Responsibilities for Foster Parents › § 4–1303.81. Definitions

§ 4–1303.81. Definitions.
For the purposes of this part, the term:
(1) "Foster parent" means an individual licensed by a District-licensed child-placing agency, as defined under § 4-1402, who provides 24-hour substitute care to a youth placed away from his or her parent or guardian.
(2) "Youth" shall have the same meaning as provided in § 4-1303.71.
(Sept. 23, 1977, D.C. Law 2-22, title III-D, § 381; as added Feb. 18, 2017, D.C. Law 21-217, § 2(a), 63 DCR 16009.)
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 13 - Child Abuse and Neglect › Subchapter I - Prevention of Child Abuse and Neglect › Part C-iv - Statements of Rights and Responsibilities for Foster Parents › § 4–1303.82. Statements of Rights and Responsibilities for Foster Parents

§ 4–1303.82. Statements of Rights and Responsibilities for Foster Parents.
(a) Within 180 days after the February 18, 2017, the Mayor, pursuant to § 4-1303.85, shall amend existing rules governing foster parents to:
(1) Incorporate existing rights and responsibilities for foster parents provided by local law, federal law, local regulations, agency administrative issuances, and other policy documents; and
(2) Establish a Statements of Rights and Responsibilities for Foster Parents.
(b) The Agency shall guarantee that each foster parent shall receive the following:
(1) A printed copy of the Statements of Rights and Responsibilities for Foster Parents in readily understandable language and in accordance with § 2-1933;
(2) An explanation of a foster parent's right to be informed of decisions made by the Agency that impact the foster parent, while ensuring the best interests and confidentiality of youth and families;
(3) An explanation of a foster parent's right to report violations of the foster parent's rights to the Agency without fear of retaliation;
(4) An explanation of the process for reporting violations of a foster parent's rights to the Agency;
(5) An explanation of the process for reporting complaints related to the Agency's provision of services and supports; and
(6) An explanation of the process by which reports of violations of a foster parent's rights and complaints related to the Agency's provision of services and supports are resolved, within reasonable efforts.
(Sept. 23, 1977, D.C. Law 2-22, title III-D, § 382; as added Feb. 18, 2017, D.C. Law 21-217, § 2(a), 63 DCR 16009.)
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 13 - Child Abuse and Neglect › Subchapter I - Prevention of Child Abuse and Neglect › Part C-iv - Statements of Rights and Responsibilities for Foster Parents › § 4–1303.83. Dissemination of rights and responsibilities information

§ 4–1303.83. Dissemination of rights and responsibilities information.
(a) When a foster parent is licensed by the Agency, the Agency shall inform the foster parent of the foster parent's rights and responsibilities and disseminate to the foster parent and the appropriate child-placing agency the Statements of Rights and Responsibilities for Foster Parents.
(b) The Agency shall disseminate the Statements of Rights and Responsibilities for Foster Parents and related information to foster parents who were licensed by the Agency before February 18, 2017.
(c) The Agency shall incorporate the Statements of Rights and Responsibilities for Foster Parents into scheduled trainings for foster parents, social workers, and other affected partners, including providers and other persons who are associated with the care of youth.
(Sept. 23, 1977, D.C. Law 2-22, title III-D, § 383; as added Feb. 18, 2017, D.C. Law 21-217, § 2(a), 63 DCR 16009.)
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 13 - Child Abuse and Neglect › Subchapter I - Prevention of Child Abuse and Neglect › Part C-iv - Statements of Rights and Responsibilities for Foster Parents › § 4–1303.85. Rules

§ 4–1303.85. Rules.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this part. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within the 45-day review period, the proposed rules shall be deemed approved.
(Sept. 23, 1977, D.C. Law 2-22, title III-D, § 385; as added Feb. 18, 2017, D.C. Law 21-217, § 2(a), 63 DCR 16009.)
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 13 - Child Abuse and Neglect › Subchapter I - Prevention of Child Abuse and Neglect › Part E - Criminal Records Check › § 4–1305.02. Criminal records check required for certain individuals

§ 4–1305.02. Criminal records check required for certain individuals.
The following individuals shall apply for a criminal records check under this part:
(1) An individual who seeks to be approved or licensed as an adoptive parent by the Agency or by any licensed child-placing agency;
(2) An individual who seeks to be approved or licensed as a foster parent by the Agency or by any licensed child-placing agency;
(3) An individual who seeks to be approved as a kinship caregiver or legal guardian by the Agency;
(4) Except as provided in paragraph (1) of this section or in an expedited adoption proceeding pursuant to [§ 16-318], an individual who seeks to become an adoptive parent of a child under Chapter 3 of Title 16;
(5) Upon order of a judicial officer, an individual with whom a child is placed under § 16-2320(a)(2) or § 16-2320(a)(3)(C); and
(6) An adult residing in the home of an individual described in paragraphs (1), (2), (3), or (4) of this section or, upon order of a judicial officer, an adult who resides in the home of an individual described in paragraph (5) of this section.
(Sept. 23, 1977, D.C. Law 2-22, title V, § 502, formerly § 322; as added June 27, 2000, D.C. Law 13-136, § 201(f), 47 DCR 2850; Apr. 4, 2001, D.C. Law 13-277, § 2(s), 48 DCR 2043; renumbered Mar. 2, 2007, D.C. Law 16-191, § 22(a)(3), 53 DCR 6794; Feb. 23, 2023, D.C. Law 24-237, § 3, 69 DCR 14733.)
Section References
This section is referenced in § 4-1305.03, § 4-1305.07, and § 4-1305.08.
Effect of Amendments
D.C. Law 13-277 substituted “Agency” for “Department” throughout the section; and, in par. (3), substituted “Agency” for “Division”.
D.C. Law 16-191 renumbered the section.
Emergency Legislation
For temporary (90-day) addition of section, see notes following § 4-1305.01.
Editor's Notes
For applicability of D.C. Law 13-277, see note following § 4-1303.01a.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 13 - Child Abuse and Neglect › Subchapter I - Prevention of Child Abuse and Neglect › Part E - Criminal Records Check › § 4–1305.04. Payment of processing fees and costs

§ 4–1305.04. Payment of processing fees and costs.
(a) A person who is required to have a criminal records check under this part shall pay for:
(1) The mandatory processing fee required by the Federal Bureau of Investigation for conducting the national criminal records check;
(2) Reasonable administrative costs to the police for accessing the District criminal records history; and
(3) Reasonable administrative costs to the Agency.
(b) The Agency or a licensed child-placing agency may pay for processing fees and costs.
(Sept. 23, 1977, D.C. Law 2-22, title V, § 504, formerly § 324; as added June 27, 2000, D.C. Law 13-136, § 201(f), 47 DCR 2850; Apr. 4, 2001, D.C. Law 13-277, § 2(u), 48 DCR 2043; renumbered Mar. 2, 2007, D.C. Law 16-191, § 22(a)(5), 53 DCR 6794.)
Section References
This section is referenced in § 4-1305.03.
Effect of Amendments
D.C. Law 13-277 substituted “Agency” for “Department” throughout the section.
D.C. Law 16-191 renumbered the section.
Emergency Legislation
For temporary (90-day) addition of section, see notes following § 4-1305.01.
Editor's Notes
For applicability of D.C. Law 13-277, see note following § 4-1303.01a.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 13 - Child Abuse and Neglect › Subchapter I - Prevention of Child Abuse and Neglect › Part E - Criminal Records Check › § 4–1305.07. Effect of failure to request a criminal records check

§ 4–1305.07. Effect of failure to request a criminal records check.
(a) If an individual described in § 4-1305.02(1), (2), or (3), or any adult residing in the home of an individual described in § 4-1305.02(1), (2), or (3), fails to request a criminal records check as required by this part, the Agency may deny approval or licensure.
(b) If an individual described in § 4-1305.02(4), or any adult residing in the home of an individual described in § 4-1305.02(4), fails to request a criminal records check as required by this part, the Family Division of the Superior Court of the District of Columbia may dismiss the petition for adoption.
(c) If an individual described in § 4-1305.02(5), or an adult residing in the home of an individual described in § 4-1305.02(5), fails to request a criminal records check as required by this part, the Family Division of the Superior Court of the District of Columbia may refuse to place the child in the individual’s home, may remove the child from the home, or may take other appropriate action to ensure the health, welfare, and safety of the child.
(Sept 23, 1977, D.C. Law 2-22, title V, § 507, formerly § 327; as added June 27, 2000, D.C. Law 13-136, § 201(f), 47 DCR 2850; Apr. 4, 2001, D.C. Law 13-277, § 2(w), 48 DCR 2043; renumbered Mar. 2, 2007, D.C. Law 16-191, § 22(a)(8), 53 DCR 6794.)
Effect of Amendments
D.C. Law 13-277, in subsec. (a), substituted “Agency” for “Department”.
D.C. Law 16-191 renumbered the section.
Emergency Legislation
For temporary (90-day) addition of section, see notes following § 4-1305.01.
For temporary (90 day) amendment of section, see § 2(c) of the Adoption and Safe Families Compliance Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-451, November 7, 2000, 47 DCR 9399).
For temporary (90 day) amendment of section, see § 2(b) of Adoption and Safe Families Compliance Emergency Amendment Act of 2001 (D.C. Act 14-65, June 6, 2001, 48 DCR 5721).
Editor's Notes
For applicability of D.C. Law 13-277, see note following § 4-1303.01a.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 13 - Child Abuse and Neglect › Subchapter I - Prevention of Child Abuse and Neglect › Part E - Criminal Records Check › § 4–1305.08. Confidentiality

§ 4–1305.08. Confidentiality.
(a) Information obtained pursuant to a criminal records check shall be confidential. It shall be disseminated only to:
(1) The individual who is the subject of the criminal records check;
(2) The Agency for the purpose of receiving and screening the results of a criminal records check to determine an applicant’s suitability for approval or licensure;
(2A) The Office of the Attorney General for the purpose of recommending an appropriate placement under Chapter 3 of Title 16 and § 16-2320(a)(2) or § 16-2320(a)(3)(C); or
(3) The Family Division of the Superior Court of the District of Columbia for the purpose of determining the appropriateness of a placement under Chapter 3 of Title 16 and § 16-2320(a)(2) or § 16-2320(a)(3)(C).
(b) Nothing in this section shall be interpreted as prohibiting the Agency from providing to a licensed child-placing agency a summary indicating whether an applicant has been convicted of or is under pending indictment for a crime that bears upon the applicant’s fitness for approval, licensure, or permission.
(c) No employee of the Family Division of the Superior Court of the District of Columbia, the Agency, or any other agency of the District of Columbia shall disclose information obtained as a result of an application submitted pursuant to § 4-1305.02 to any unauthorized individual or entity.
(d) This part shall not authorize the disclosure of information concerning an individual who was not an adult, or was not prosecuted as an adult, at the time to which the information pertains if the disclosure of such information is prohibited by law.
(Sept. 23, 1977, D.C. Law 2-22, title V, § 508, formerly § 328; as added June 27, 2000, D.C. Law 13-136, § 201(f), 47 DCR 2850; Apr. 4, 2001, D.C. Law 13-277, § 2(x), 48 DCR 2043; Apr. 12, 2005, D.C. Law 15-341, § 2(r), 52 DCR 2315; renumbered Mar. 2, 2007, D.C. Law 16-191, § 22(a)(9), 53 DCR 6794.)
Section References
This section is referenced in § 4-1305.09.
Effect of Amendments
D.C. Law 13-277, in subsecs. (a) and (b), substituted “Agency” for “Department”; and, in subsec. (c), substituted “Agency” for “Department, the Division”.
D.C. Law 15-341, in subsec. (a), deleted “or” from the end of par. (2), and added par. (2A).
D.C. Law 16-191 renumbered the section.
Emergency Legislation
For temporary (90-day) addition of section, see notes following § 4-1305.01.
Editor's Notes
For applicability of D.C. Law 13-277, see note following § 4-1303.01a.