reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 13 - Child Abuse and Neglect › Subchapter V - Child Fatality Review Committee › § 4–1371.14. Failure to make report

§ 4–1371.14. Failure to make report.
Any person required to make a report under § 4-1371.12 who willfully fails to make the report shall be fined not more than $100 or imprisoned for not more than 30 days, or both. Violations of § 4-1371.12 shall be prosecuted by the Attorney General in the name of the District of Columbia.
(Oct. 3, 2001, D.C. Law 14-28, § 4614, 48 DCR 6981; Nov. 13, 2021, D.C. Law 24-45, § 3073(k), 68 DCR 010163.)
Emergency Legislation
For temporary (90 days) amendment of this section, see § 3073(k) of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).
For temporary (90 day) addition of section, see § 14 of Child Fatality Review Committee Establishment Emergency Act of 2001 (D.C. Act 14-40, April 25, 2001, 48 DCR 5917).
For temporary (90 day) addition of section, see § 14 of Child Fatality Review Committee Establishment Legislative Review Emergency Act of 2001 (D.C. Act 14-82, July 9, 2001, 48 DCR 6355).
Temporary Legislation
For temporary (225 day) addition of section, see § 2 of Child Fatality Review Committee Establishment Temporary Act of 2001 (D.C. Law 14-20, September 6, 2001, law notification 48 DCR 9090).
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 14 - Placement of Children in Family Homes › Subchapter I - General › § 4–1401. Purpose of subchapter

§ 4–1401. Purpose of subchapter.
The purpose of this subchapter is to secure for each child under 16 years of age who is placed in a family home, other than his own or that of a relative within the third degree, such care and guidance as will serve the child’s welfare and the best interests of the District of Columbia; and to secure for him custody and care as near as possible to that which should have been given him by his parents.
(Apr. 22, 1944, 58 Stat. 193, ch. 174, § 1.)
Prior Codifications
1981 Ed., § 32-1001.
1973 Ed., § 32-781.
Cross References
Adoption, generally, see § 16-301 et seq.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 14 - Placement of Children in Family Homes › Subchapter I - General › § 4–1402. “Child-placing agency” defined; license required

§ 4–1402. “Child-placing agency” defined; license required.
(a) Any person, firm, corporation, association, or public agency that receives or accepts a child under 16 years of age and places or offers to place such child for temporary or permanent care in a family home other than that of a relative within the third degree shall be deemed to be maintaining a child-placing agency. No child-placing agency shall be maintained in the District of Columbia without a license issued by the Mayor of the District of Columbia; provided, that notwithstanding any provisions of § 4-1404 such a license shall be issued forthwith to any corporation or association chartered by special act of Congress and having under its charter the purposes or powers of a child-placing agency as herein defined.
(b) Any license issued pursuant to this section 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.
(Apr. 22, 1944, 58 Stat. 193, ch. 174, § 2; Apr. 23, 1980, D.C. Law 3-59, § 2(a), 27 DCR 983; Apr. 20, 1999, D.C. Law 12-261, § 2003(z), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(f), 50 DCR 6913.)
Prior Codifications
1981 Ed., § 32-1002.
1973 Ed., § 32-782.
Section References
This section is referenced in § 4-1305.01.
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(f) 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 14 - Placement of Children in Family Homes › Subchapter I - General › § 4–1403. Appointment of committee to promulgate rules and regulations; composition and tenure. [Repealed]

§ 4–1403. Appointment of committee to promulgate rules and regulations; composition and tenure. [Repealed]
Repealed.
(Apr. 22, 1944, 58 Stat. 193, ch. 174, § 3; June 8, 1954, 68 Stat. 246, ch. 273, § 1; Apr. 23, 1980, D.C. Law 3-59, § 2(a), (b), 27 DCR 983; Aug. 21, 1982, D.C. Law 4-141, § 2(a), (b), 29 DCR 2867; Sept. 24, 2010, D.C. Law 18-230, § 201(a), 57 DCR 6951.)
Prior Codifications
1981 Ed., § 32-1003.
1973 Ed., § 32-783.
Editor's Notes
Advisory group to committee established: See Commissioner’s Order No. 71-13, dated January 19, 1971.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 14 - Placement of Children in Family Homes › Subchapter I - General › § 4–1405. Persons and agencies authorized to place children; custody, control and visitation by agencies; confidentiality of records

§ 4–1405. Persons and agencies authorized to place children; custody, control and visitation by agencies; confidentiality of records.
(a) No person other than the parent, guardian, or relative within the third degree, and no firm, corporation, association, or agency, other than a licensed child-placing agency, may place or arrange or assist in placing or arranging for the placement of a child under 16 years of age in a family home or for adoption. In accordance with the rules and regulations promulgated hereunder, any licensed child-placing agency may accept children for placement in family homes and shall have and maintain care, custody, and control of any such child until returned to the person from whom received or until responsibility for the child is transferred to another child welfare agency or terminated by the order of a court of competent jurisdiction.
(b) Every such agency shall keep and maintain careful supervision of all children under its care, including those placed in family homes, and its officers or agents shall visit all such homes and families as often as may be necessary to promote the welfare of such child; provided, that legally adopted children shall not be subject to such supervision and visitation, or other supervision or visitation. Every such agency shall keep such records as shall be required by the rules and regulations promulgated hereunder and all records regarding children and all facts learned about children and their parents or relatives shall be deemed confidential.
(c) Records which are deemed confidential shall not be available for inspection by nor disclosed to any person, firm, corporation, association, or public agency, except that such records shall be available for inspection by authorities authorized by law to license child-placing agencies. Such records shall not be subject to judicial subpoena in collateral proceedings, except that the licensed child-placing agency and the Mayor in accordance with rules and regulations promulgated hereunder, may make such records, or any information contained in such records, available:
(1) When the Mayor or such agency determines that any information contained in such records shall promote or protect the interest and welfare of any child the Mayor or such agency has served; and
(2) For the purpose of research if adequate safeguards are taken against the disclosure or publication in any manner of the identity of any person contained in such records.
(Apr. 22, 1944, 58 Stat. 194, ch. 174, § 5; June 8, 1954, 68 Stat. 247, ch. 273, § 3; Apr. 23, 1980, D.C. Law 3-59, § 2(a), 27 DCR 983.)
Prior Codifications
1981 Ed., § 32-1005.
1973 Ed., § 32-785.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 14 - Placement of Children in Family Homes › Subchapter I - General › § 4–1405.01. Agreements with foreign agencies

§ 4–1405.01. Agreements with foreign agencies.
Notwithstanding the provisions of this subchapter, the Mayor is authorized to enter into agreements with any person, firm, corporation, association, or public agency licensed or authorized by a state or country for the care and placement of minors, permitting such person, firm, corporation, association, or public agency to place nonresident children in foster or adopting homes in the District of Columbia. The Mayor shall act pursuant to regulations promulgated as provided in § 4-1403 [repealed].
(Apr. 22, 1944, ch. 174, § 5A; as added June 8, 1954, 68 Stat. 247, ch. 273, § 4; Apr. 23, 1980, D.C. Law 3-59, § 2(a), 27 DCR 983.)
Prior Codifications
1981 Ed., § 32-1006.
1973 Ed., § 32-785a.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 14 - Placement of Children in Family Homes › Subchapter I - General › § 4–1407. Refusal to issue, revocation or suspension of licenses; reinstatement or reissuance

§ 4–1407. Refusal to issue, revocation or suspension of licenses; reinstatement or reissuance.
The Mayor may refuse to reissue or may revoke or suspend the license of any child-placing agency after full hearing on proof of violation of any provisions of this subchapter or the rules and regulations promulgated hereunder. Before any license shall be suspended or revoked the holder thereof shall have notice in writing of the charge or charges and shall, at the date and place specified in said notice, which shall be at least 5 days after the service thereof, be given a hearing by said Mayor, or his designated agents, with a full opportunity to produce testimony in his, her, or its behalf. Any licensee whose license has been suspended or revoked may, after the expiration of 90 days, on application to the said Mayor, have the same reinstated or reissued upon satisfactory proof that the disqualification has ceased.
(Apr. 22, 1944, 58 Stat. 195, ch. 174, § 7; Apr. 23, 1980, D.C. Law 3-59, § 2(a), 27 DCR 983.)
Prior Codifications
1981 Ed., § 32-1008.
1973 Ed., § 32-787.
Cross References
Administrative procedure, judicial review, see § 2-510.
Administrative procedure, supplemental procedures, suppression of conflicting laws, see § 2-501.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 14 - Placement of Children in Family Homes › Subchapter I - General › § 4–1407.01. Agency required to check enumerated registers for child abuse or neglect; effect of failure of agency to check or obtain information

§ 4–1407.01. Agency required to check enumerated registers for child abuse or neglect; effect of failure of agency to check or obtain information.
Prior to placement of a child in a family home, a child-placing agency licensed in the District of Columbia and the Department of Human Services shall:
(1) Obtain written consent from applicants for release of information from:
(A) The D.C. Child Protection Register established under subchapter I of Chapter 13 of this title;
(B) Registers of child abuse and neglect located in all states, territories and possessions of the United States in which the applicant has resided within the previous 5 years; and
(C) If applicable, from any registers maintained by any branch of the armed forces of the United States.
(2) Check the proposed placement of a child in a family home with the Child Protection Register and, where applicable, with other registers pursuant to subparagraphs (B) and (C) of paragraph (1) of this section for the purpose of determining whether there has been a report of child abuse or neglect. Failure of an agency to make such check prior to placement may result in suspension, revocation, or refusal to renew that agency’s child placement license. Failure of any agency to obtain information from a register due to policies and procedures in those jurisdictions other than the District of Columbia or the various branches of the armed forces of the United States, prohibiting release of such information, shall not constitute a violation under this paragraph.
(Apr. 22, 1944, 58 Stat. 193, ch. 174, § 7a; as added Aug. 21, 1982, D.C. Law 4-141,§ 2(c), 29 DCR 2867.)
Prior Codifications
1981 Ed., § 32-1008.1.
Section References
This section is referenced in § 4-1302.03.
Cross References
Child abuse and neglect, access to register, restrictions on release of information, see § 4-1302.03.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 14 - Placement of Children in Family Homes › Subchapter I - General › § 4–1408. Violations; prosecution

§ 4–1408. Violations; prosecution.
Any person, firm, corporation, association, or public agency who conducts a child-placing agency without a license as provided for in this chapter or who violates any of the provisions of this subchapter shall, upon conviction, be fined not more than $300 or imprisoned for not more than 90 days, or both. Prosecution for violations of such sections shall be upon information in the Criminal Division of the Superior Court of the District of Columbia by the Corporation Counsel of the District of Columbia. Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this chapter, or any rules or regulations issued under the authority of this chapter, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this chapter shall be pursuant to Chapter 18 of Title 2.
(Apr. 22, 1944, 58 Stat. 195, ch. 174, § 8; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a); Oct. 5, 1985, D.C. Law 6-42, § 444, 32 DCR 4450.)
Prior Codifications
1981 Ed., § 32-1009.
1973 Ed., § 32-788.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 14 - Placement of Children in Family Homes › Subchapter I - General › § 4–1409. Investigations and inspections

§ 4–1409. Investigations and inspections.
The Department of Health is authorized to make such investigations and inspections as are necessary to carry out the provisions of this subchapter.
(Apr. 22, 1944, 58 Stat. 195, ch. 174, § 9; Sept. 24, 2010, D.C. Law 18-230,§ 201(d), 57 DCR 6951.)
Prior Codifications
1981 Ed., § 32-1010.
1973 Ed., § 32-789.
Effect of Amendments
D.C. Law 18-230 substituted “Department of Health” for “Department of Human Services”.
Editor's Notes
Board of Public Welfare abolished: The Board of Public Welfare was abolished and the functions thereof transferred to the Board of Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952. Reorganization Order No. 58 as amended, redesignated as Organization Order No. 140 and amended, established, under the direction and control of a Commissioner, a Department of Public Welfare, headed by a Director with the purpose of planning, implementing, and directing public welfare programs. Reorganization Order No. 58 provided that the previously existing Board of Public Welfare would be abolished. That Order also transferred specified functions of the former Board to the Department of Public Health and the Department of Public Welfare. The executive functions of the Board of Commissioners were transferred to the Commissioner of the District of Columbia by § 401 of Reorganization Plan No. 3 of 1967. Functions of the Department of Public Welfare and of the Department of Public Health as set forth in Organization Order Nos. 140 and 141, respectively, were transferred to the Director of the Department of Human Resources by Commissioner’s Order No. 69-96, dated March 7, 1969, as amended by Commissioner’s Order No. 70-83, dated March 6, 1970. The Department of Human Resources was replaced by the Department of Human Services by Reorganization Plan No. 2 of 1979, dated February 21, 1980.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 14 - Placement of Children in Family Homes › Subchapter II - Interstate Compact on Placement of Children › § 4–1421. Definitions

§ 4–1421. Definitions.
The term “appropriate authority” as used in this compact means, with reference to the District of Columbia, the Director of the Child and Family Services Agency for children who have been abused or neglected and the Director of the Department of Human Services for all other children.
(Sept. 20, 1989, D.C. Law 8-30, § 3, 36 DCR 4744; Apr. 4, 2001, D.C. Law 13-277, § 3(d), 48 DCR 2043.)
Prior Codifications
1981 Ed., § 32-1041.
Section References
This section is referenced in § 2-1515.08, § 4-1303.02a, and § 4-1303.03.
Effect of Amendments
D.C. Law 13-277 rewrote the section which prior thereto read:
“The term ‘appropriate authority’ as used in this compact means, with reference to the District, the Director of the Department of Human Services.”
Editor's Notes
For applicability of D.C. Law 13-277, see note following § 4-1303.01a.
Complementary Legislation: Ala.—Code 1975, §§  44-2-20 to 44-2-26. Alaska—AS 47.70.010 to 47.70.080. Ariz.—A.R.S. §§ 8-548 to 8-548.06. Ark.—A.C.A. §§ 9-29-201 to 9-29-208. Cal.—West’s Ann. Cal.Fam.Code, §§ 7900 to 7912. Colo.—West’s C.R.S.A. §§ 24-60-1801 to 24-60-1803. Conn.—C.G.S.A. § 17a-175 to 17a-182. Del.—31 Del.C. § 381. D.C.—D.C. Official Code, 2001 Ed. §§ 4-1421 to 4-1424. Fla.—West’s F.S.A. §§ 409.401 to 409.405. Ga.— O.C.G.A. §§ 39-4-1 to 39-4-10. Hawaii—H R S §§ 350E-1 to 350E-9. Idaho—I.C. §§ 16-2101 to 16-2107. Ill.—S.H.A. 45 ILCS 15/0.01 to 15/9. Ind.—West’s A.I.C. 31-28-4-1 to 31-28-4-8. Iowa—I.C.A. §§ 232.158 to 232.168. Kan.—K.S.A. 38-1201 to 38-1206. Ky.—KRS 615.030 to 615.050, 615. 990. La.—LSA-Ch.C. arts. 1608 to 1622. Maine—22 M.R.S.A. §§ 4251 to 4269. Md.—Code, Family Law, §§ 5-601 to 5-611. Mass.—M.G.L.A. c. 119 App., §§ 2-1 to 2-8. Mich.—M.C.L.A. §§ 3.711 to 3.717. Miss.—Code 1972, §§ 43-18-1 to 43-18-17. Mo.—V.A.M.S. §§ 210.620 to 210.640. Mt.—M.C.A. 41-4-101 to 41-4-109. Nev.—N.R.S. 127.320 to 127.350. N.H.—RSA 170-A:1 to 170-A:6. N.J.—N.J.S.A. 9:23-5 to 9:23-17. N.M.—NMSA 1978, §§ 32A-11-1 to 32A-11-7. N.Y.—McKinney’s Social Services Law, § 374-a. N.C.—G.S. §§ 7B-3800 to 7B-3806. N.D.—NDCC 14-13-01 to 14-13-08. Ohio—R.C. §§ 5103.23 to 5103.237. Okl.—10 Okl.St.Ann. §§ 571 to 576. Ore.—ORS 417.200 to 417.260. Pa.—62 P.S. §§ 761 to 765. R.I.—Gen.Laws. 1956, §§ 40-15-1 to 40-15-10. S.C.—Code 1976, §§ 63-9-2200 to 63-9-2290. S.D.—SDCL 26-13-1 to 26-13-9. Tenn.—T.C.A. §§ 37-4-201 to 37-4-207. Tex.—V.T.C.A., Family Code §§ 162.101 to 162.107. Utah—U.C.A. 1953, 62A-4a-701 to 62A-4a-709. Vt.—33 V.S.A. §§ 5901 to 5910. Virgin Islands—34 V.I.C. §§ 121 to 127. Va.—Code 1950, §§ 63.2-1000, 63.2-1100 to 63.2-1105. Wash.—West’s RCWA 26.34.010 to 26.34.080. W.Va.—Code, 49-2A-1, 49-2A-2. Wis.—W.S.A. 48.988, 48.989. Wyo.—Wyo.Stat.Ann. §§ 14-5-101 to 14-5-108.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 14 - Placement of Children in Family Homes › Subchapter II - Interstate Compact on Placement of Children › § 4–1423. Agreements with other states

§ 4–1423. Agreements with other states.
An officer of the District that has the authority to place children and an official of a private agency licensed as a child placement agency by the District government pursuant to subchapter I of this chapter, is authorized to enter into an agreement with the appropriate officer or agency in another party state pursuant to subsection (b) of Article V of the compact.
(Sept. 20, 1989, D.C. Law 8-30, § 4, 36 DCR 4744.)
Prior Codifications
1981 Ed., § 32-1043.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 14A - Newborn Safe Haven › § 4–1451.01. Definitions

§ 4–1451.01. Definitions.
For the purposes of this chapter, the term:
(1) “Authorized Receiving Facility” means a hospital, or other place authorized by the Mayor, by rule, to accept a newborn for surrender pursuant to this chapter.
(2) “CFSA” means the Child and Family Services Agency.
(3) “Newborn” means an infant whose parent refuses or is unable to assume the responsibility for the infant’s care, control, and subsistence and who is surrendered by that parent and who a licensed physician or other person authorized to accept the surrender reasonably believes is 14 days old or less.
(4) “Surrender” means to bring a newborn to an Authorized Receiving Facility during its hours of operation and to leave the newborn with personnel of the Authorized Receiving Facility.
(May 27, 2010, D.C. Law 18-158, § 101, 57 DCR 3000.)
Emergency Legislation
For temporary (90 day) addition, see § 2 of Newborn Safe Haven Emergency Act of 2009 (D.C. Act 18-49, April 27, 2009, 56 DCR 3581).
For temporary (90 day) addition, see § 101 of Newborn Safe Haven Emergency Act of 2009 (D.C. Act 18-321, March 1, 2010, 57 DCR 1842).
Temporary Legislation
Sections 2 of D.C. Law 18-29 added a section to read as follows:
“Sec. 2. Definitions.
“For the purposes of this act, the term:
“(1) ‘Authorized Receiving Facility’ means a hospital, or other place authorized by the Mayor, by rule, to accept a newborn for surrender pursuant to this act.
“(2) ‘CFSA’ means the Child and Family Services Agency.
“(3) ‘Newborn’ means an infant that a licensed physician or other person authorized to accept the surrender reasonably believes is 7 days old or less.
“(4) ‘Surrender’ means to bring a newborn to an Authorized Receiving Facility during its hours of operation, and to leave the newborn with personnel of the Authorized Receiving Facility.”
Section 10(b) of D.C. Law 18-29 provided that the act shall expire after 225 days of its having taken effect.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 14A - Newborn Safe Haven › § 4–1451.03. Signage

§ 4–1451.03. Signage.
The Mayor shall develop and post uniform signage with a toll-free number to call for further information in a conspicuous place on the exterior of each Authorized Receiving Facility that states in plain terms that a newborn may be surrendered at the facility in accordance with this chapter.
(May 27, 2010, D.C. Law 18-158, § 103, 57 DCR 3000.)
Emergency Legislation
For temporary (90 day) addition, see § 4 of Newborn Safe Haven Emergency Act of 2009 (D.C. Act 18-49, April 27, 2009, 56 DCR 3581).
For temporary (90 day) addition, see § 103 of Newborn Safe Haven Emergency Act of 2009 (D.C. Act 18-321, March 1, 2010, 57 DCR 1842).
Temporary Legislation
Sections 4 of D.C. Law 18-29 added a section to read as follows:
“Sec. 4. Signage.
“An Authorized Receiving Facility shall post a sign in a conspicuous place on the exterior of the facility that states in plain terms that a newborn may be surrendered at the facility in accordance with this act.”
Section 10(b) of D.C. Law 18-29 provided that the act shall expire after 225 days of its having taken effect.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 14A - Newborn Safe Haven › § 4–1451.04. Placement

§ 4–1451.04. Placement.
(a) After the surrender of a newborn, an Authorized Receiving Facility that is not a hospital shall transport the newborn to the nearest hospital as soon as transportation can be arranged.
(b)(1) The act of surrender shall constitute implied consent for the hospital to which the newborn is surrendered or transported and the hospital’s medical personnel to treat and provide care for the newborn and arrange for further placement with CFSA and, through CFSA, with a preadoptive home whenever possible.
(2) Hospital personnel shall immediately contact CFSA to report the surrender of the newborn and arrange for transport of the newborn to CFSA. The CFSA shall assume physical custody of the newborn within 23 hours of the surrender.
(May 27, 2010, D.C. Law 18-158, § 104, 57 DCR 3000.)
Emergency Legislation
For temporary (90 day) addition, see § 5 of Newborn Safe Haven Emergency Act of 2009 (D.C. Act 18-49, April 27, 2009, 56 DCR 3581).
For temporary (90 day) addition, see § 104 of Newborn Safe Haven Emergency Act of 2009 (D.C. Act 18-321, March 1, 2010, 57 DCR 1842).
Temporary Legislation
Sections 5 of D.C. Law 18-29 added a section to read as follows:
“Sec. 5. Placement.
“(a) After the surrendering of a newborn, an Authorized Receiving Facility that is not a hospital shall transport the newborn to the nearest hospital as soon as transportation can be arranged.
“(b)(1) The act of surrendering shall constitute implied consent for the hospital to which the newborn is surrendered, or to which the newborn is transported, and the hospital’s medical personnel and physicians, to treat and provide care for the newborn and arrange for further placement with CFSA.
“(2) Hospital personnel shall immediately contact CFSA to report the surrender of the newborn and arrange for transport of the newborn to CFSA, which shall take place within 23 hours.”
Section 10(b) of D.C. Law 18-29 provided that the act shall expire after 225 days of its having taken effect.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 14A - Newborn Safe Haven › § 4–1451.06. Immunity from liability

§ 4–1451.06. Immunity from liability.
(a) An Authorized Receiving Facility and the personnel of an Authorized Receiving Facility shall be immune from civil or criminal liability for the good-faith performance of the reporting and placement responsibilities under this chapter, including liability for the failure to file a report that might otherwise be incurred or imposed on a person required to report suspected incidents of child abuse or neglect under § 4-1321.02.
(b) In any civil or criminal proceeding brought under this chapter concerning the surrender of a newborn, good faith shall be presumed unless rebutted.
(May 27, 2010, D.C. Law 18-158, § 106, 57 DCR 3000.)
Emergency Legislation
For temporary (90 day) addition, see § 7 of Newborn Safe Haven Emergency Act of 2009 (D.C. Act 18-49, April 27, 2009, 56 DCR 3581).
For temporary (90 day) addition, see § 106 of Newborn Safe Haven Emergency Act of 2009 (D.C. Act 18-321, March 1, 2010, 57 DCR 1842).
Temporary Legislation
Sections 7 of D.C. Law 18-29 added a section to read as follows:
“Sec. 7. Immunity from liability.
“(a) An Authorized Receiving Facility and the personnel of an Authorized Receiving Facility shall be immune from civil or criminal liability for the good faith performance of responsibilities under this act, including liability for the failure to file a report that might otherwise be incurred or imposed on a person required to report suspected incidents of child abuse or neglect under section 2 of An Act To provide for the mandatory reporting by physicians and institutions in the District of Columbia of certain physical abuse of children, approved November 5, 1966 (80 Stat. 1354; D.C. Official Code § 4-1321.02).
“(b) In any civil or criminal proceeding brought under this act concerning a surrendered newborn, good faith shall be presumed unless rebutted.
Section 10(b) of D.C. Law 18-29 provided that the act shall expire after 225 days of its having taken effect.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 14A - Newborn Safe Haven › § 4–1451.07. Status report

§ 4–1451.07. Status report.
The Mayor shall submit a status report by January 31, 2018, and on January 31st of each year thereafter, to the Council, which shall include the:
(1) Number of newborns surrendered;
(2) Services provided to surrendered newborns;
(3) Outcome of the care provided for each surrendered newborn; and
(4) Number and disposition of cases of surrendered newborns.
(May 27, 2010, D.C. Law 18-158, § 107, 57 DCR 3000; Dec. 13, 2017, D.C. Law 22-33, § 5024, 64 DCR 7652.)
Emergency Legislation
For temporary (90 days) amendment of this section, see § 5024 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 § 5024 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
For temporary (90 day) addition, see § 107 of Newborn Safe Haven Emergency Act of 2009 (D.C. Act 18-321, March 1, 2010, 57 DCR 1842).
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 14A - Newborn Safe Haven › § 4–1451.08. Rules

§ 4–1451.08. Rules.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of this chapter. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding days of Council recess. If the Council does not approve or disapprove the proposed rules, by resolution, within the 45-day review period, the proposed rules shall be deemed approved.
(May 27, 2010, D.C. Law 18-158, § 108, 57 DCR 3000.)
Emergency Legislation
For temporary (90 day) addition, see § 8 of Newborn Safe Haven Emergency Act of 2009 (D.C. Act 18-49, April 27, 2009, 56 DCR 3581).
For temporary (90 day) addition, see § 108 of Newborn Safe Haven Emergency Act of 2009 (D.C. Act 18-321, March 1, 2010, 57 DCR 1842).
Temporary Legislation
Sections 8 of D.C. Law 18-29 added a section to read as follows:
“Sec. 8. Rules.
“The Mayor shall issue rules to implement the provisions of this act. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding days of Council recess. If the Council does not approve or disapprove the proposed rules, by resolution, within the 45-day review period, the proposed rules shall be deemed approved.”
Section 10(b) of D.C. Law 18-29 provided that the act shall expire after 225 days of its having taken effect.
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 15 - Criminal Background Checks for Government Services to Children › § 4–1501.01. Short title

§ 4–1501.01. Short title.
This chapter may be cited as the “Criminal Background Checks for the Protection of Children Act of 2004”.
(Apr. 13, 2005, D.C. Law 15-353, § 201, 52 DCR 2331.)
Section References
This section is referenced in § 1-609.02.
Emergency Legislation
For temporary (90 day) addition, see § 201 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2003 (D.C. Act 15-3, January 22, 2003, 50 DCR 1426).
For temporary (90 day) addition, see § 201 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-71, April 16, 2003, 50 DCR 3593).
For temporary (90 day) addition, see § 201 of Child and Youth, Safety and Health Omnibus Second Emergency Amendment Act of 2003 (D.C. Act 15-279, December 18, 2003, 51 DCR 60).
For temporary (90 day) addition, see § 201 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-407, March 18, 2004, 51 DCR 3659).
For temporary (90 day) addition, see § 201 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2004 (D.C. Act 15-630, November 30, 2004, 52 DCR 1143).
For temporary (90 day) addition, see § 201 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-30, February 17, 2005, 52 DCR 2993).
Temporary Legislation
For temporary (225 day) additions, see §§ 201, 205, 206, 209 to 212 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2002 (D.C. Law 14-164, June 25, 2002, law notification 49 DCR 6500).
For temporary (225 day) additions, see §§ 201, 205, 206, 209 to 212 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2003 (D.C. Law 15-2, May 3, 2003, law notification 50 DCR 3782).
For temporary (225 day) additions, see §§ 201, 205, 206, 209 to 212 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2004 (D.C. Law 15-117, March 30, 2004, law notification 51 DCR 3804).
For temporary (225 day) additions, see §§ 201, 205, 206, 209 to 211 of the Child and Youth, Safety and Health Omnibus Second Temporary Amendment Act of 2004 (D.C. Law 15-319, April 8, 2005, law notification 52 DCR 4708).
Delegation of Authority
Delegations of Authority under Title II of D.C. Law 15-353, the Child and Youth, Safety and Health Omnibus Amendment Act of 2004, as Amended, see Mayor’s Order 2007-95, April 18, 2007 ( 54 DCR 8875).
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 15 - Criminal Background Checks for Government Services to Children › § 4–1501.05a. Assessment of information obtained from criminal background check

§ 4–1501.05a. Assessment of information obtained from criminal background check.
(a) The information obtained from the criminal background check shall not create a disqualification or presumption against employment or volunteer status of the applicant unless the Mayor determines that the applicant poses a present danger to children or youth. In making this determination, the Mayor shall consider the following factors:
(1) The specific duties and responsibilities necessarily related to the employment sought;
(2) The bearing, if any, the criminal offense for which the person was previously convicted will have on his or her fitness or ability to perform one or more of such duties or responsibilities;
(3) The time which has elapsed since the occurrence of the criminal offense;
(4) The age of the person at the time of the occurrence of the criminal offense;
(5) The frequency and seriousness of the criminal offense;
(6) Any information produced by the person, or produced on his or her behalf, regarding his or her rehabilitation and good conduct since the occurrence of the criminal offense; and
(7) The public policy that it is beneficial generally for ex-offenders to obtain employment.
(b) The Mayor and covered child or youth services providers shall not employ or permit to serve as an unsupervised volunteer an applicant who has been convicted of, has pleaded nolo contendere to, is on probation before judgment or placement of a case on the stet docket because of, or has been found not guilty by reason of insanity for any sexual offenses involving a minor.
(c) If an application is denied because the applicant presents a present danger to children or youth, the Mayor shall inform the applicant in writing and the applicant may appeal the denial to the Commission on Human Rights within 30 days of the date of the written statement.
(Apr. 13, 2005, D.C. Law 15-353, § 205a; as added Apr. 24, 2007, D.C. Law 16-306, § 204(b), 53 DCR 8610.)
Emergency Legislation
For temporary (90 day) addition, see § 204(b) of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).
For temporary (90 day) addition, see § 204(b) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).
For temporary (90 day) addition, see § 204(b) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).
For temporary (90 day) addition, see § 204(b) of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 15 - Criminal Background Checks for Government Services to Children › § 4–1501.06. Submission of positions of covered child or youth services providers subject to criminal background checks

§ 4–1501.06. Submission of positions of covered child or youth services providers subject to criminal background checks.
(a) Within 30 days of December 1, 2004, each District government agency shall submit to the Mayor the positions it has designated as subject to the criminal background check requirements of this chapter, including those of private entities that are covered child or youth services providers and that are licensed by or under the contractual purview of the agency.
(b) Each District government agency shall submit an updated list of the positions subject to the criminal background check requirements of this chapter no later than December 1 of each year.
(Apr. 13, 2005, D.C. Law 15-353, § 206, 52 DCR 2331; Dec. 13, 2017, D.C. Law 22-33, § 4012(b), 64 DCR 7652.)
Section References
This section is referenced in § 4-1501.07.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 4012(b) 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 § 4012(b) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
For temporary (90 day) addition, see § 206 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-30, February 17, 2005, 52 DCR 2993).
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 15 - Criminal Background Checks for Government Services to Children › § 4–1501.07. Assessment of information on covered child or youth services providers

§ 4–1501.07. Assessment of information on covered child or youth services providers.
The Mayor shall review the information on all proposed covered child or youth services providers submitted pursuant to § 4-1501.06, and any other available information, to make a decision regarding the applicability of this chapter to each child or youth services provider.
(Apr. 13, 2005, D.C. Law 15-353, § 207, 52 DCR 2331.)
Emergency Legislation
For temporary (90 day) addition, see § 207 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-30, February 17, 2005, 52 DCR 2993).
For temporary (90 day) addition, see § 2(b) of Criminal Background Checks for the Protection of Children Clarification Emergency Act of 2005 (D.C. Act 16-179, October 4, 2005, 52 DCR 9079).
For temporary (90 day) addition, see § 2(b) of Criminal Background Checks for the Protection of Children Clarification Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-259, January 26, 2006, 53 DCR 777).
Temporary Legislation
For temporary (225 day) addition, see § 2(b) of (D.C. Law 16-65, March 8, 2006, law notification 53 DCR 2515).
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 15 - Criminal Background Checks for Government Services to Children › § 4–1501.08. Confidentiality of information to be maintained

§ 4–1501.08. Confidentiality of information to be maintained.
All criminal background records received by the Mayor shall be confidential and are for the exclusive use of making employment-related determinations under this chapter. The records shall not be released or otherwise disclosed to any person except when:
(1) Required as one component of an application for employment with any covered child or youth services provider under this chapter;
(2) Requested by the Mayor, or his or her designee, during an official inspection or investigation;
(3) Ordered by a court;
(4) Authorized by the written consent of the person being investigated; or
(5) Utilized for a corrective, adverse, or administrative action in a personnel proceeding.
(Apr. 13, 2005, D.C. Law 15-353, § 208, 52 DCR 2331.)
Section References
This section is referenced in § 4-1501.10.
Emergency Legislation
For temporary (90 day) addition, see § 207 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2003 (D.C. Act 15-3, January 22, 2003, 50 DCR 1426).
For temporary (90 day) addition, see § 207 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-71, April 16, 2003, 50 DCR 3593).
For temporary (90 day) addition, see § 207 of Child and Youth, Safety and Health Omnibus Second Emergency Amendment Act of 2003 (D.C. Act 15-279, December 18, 2003, 51 DCR 60).
For temporary (90 day) addition, see § 207 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-407, March 18, 2004, 51 DCR 3659).
For temporary (90 day) addition, see § 207 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2004 (D.C. Act 15-630, November 30, 2004, 52 DCR 1143).
For temporary (90 day) addition, see § 208 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-30, February 17, 2005, 52 DCR 2993).
Temporary Legislation
For temporary (225 day) addition, see § 207 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2002 (D.C. Law 14-164, June 25, 2002, law notification 49 DCR 6500).
For temporary (225 day) addition, see § 207 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2003 (D.C. Law 15-2, May 3, 2003, law notification 50 DCR 3782).
For temporary (225 day) addition, see § 207 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2004 (D.C. Law 15-117, March 30, 2004, law notification 51 DCR 3804).
For temporary (225 day) addition, see § 207 of the Child and Youth, Safety and Health Omnibus Second Temporary Amendment Act of 2004 (D.C. Law 15-319, April 8, 2005, law notification 52 DCR 4708).
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 15 - Criminal Background Checks for Government Services to Children › § 4–1501.09. Penalty for providing false information

§ 4–1501.09. Penalty for providing false information.
An applicant for employment or a volunteer position with any covered child or youth services provider who intentionally provides false information that is material to the application in the course of applying for the position shall be subject to prosecution pursuant to § 22-2405.
(Apr. 13, 2005, D.C. Law 15-353, § 209, 52 DCR 2331.)
Emergency Legislation
For temporary (90 day) addition, see § 213 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2003 (D.C. Act 15-3, January 22, 2003, 50 DCR 1426).
For temporary (90 day) addition, see § 213 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-71, April 16, 2003, 50 DCR 3593).
For temporary (90 day) addition, see § 213 of Child and Youth, Safety and Health Omnibus Second Emergency Amendment Act of 2003 (D.C. Act 15-279, December 18, 2003, 51 DCR 60).
For temporary (90 day) addition, see § 213 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-407, March 18, 2004, 51 DCR 3659).
For temporary (90 day) addition, see § 212 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2004 (D.C. Act 15-630, November 30, 2004, 52 DCR 1143).
For temporary (90 day) addition, see § 209 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-30, February 17, 2005, 52 DCR 2993).
Temporary Legislation
For temporary (225 day) addition, see § 213 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2002 (D.C. Law 14-164, June 25, 2002, law notification 49 DCR 6500).
For temporary (225 day) addition, see § 213 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2003 (D.C. Law 15-2, May 3, 2003, law notification 50 DCR 3782).
For temporary (225 day) addition, see § 213 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2004 (D.C. Law 15-117, March 30, 2004, law notification 51 DCR 3804).
For temporary (225 day) addition, see § 213 of the Child and Youth, Safety and Health Omnibus Second Temporary Amendment Act of 2004 (D.C. Law 15-319, April 8, 2005, law notification 52 DCR 4708).
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 15 - Criminal Background Checks for Government Services to Children › § 4–1501.10. Penalties for disclosing confidential information

§ 4–1501.10. Penalties for disclosing confidential information.
(a) An individual who discloses confidential information in violation of § 4-1501.08 is guilty of a criminal offense and, upon conviction, shall be fined not more than $1,000 or imprisoned for not more than 180 days, or both.
(b) Prosecutions for violations of this chapter shall be brought in the Superior Court of the District of Colombia by the Office of the Attorney General.
(Apr. 13, 2005, D.C. Law 15-353, § 210, 52 DCR 2331.)
Emergency Legislation
For temporary (90 day) addition, see § 214 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2003 (D.C. Act 15-3, January 22, 2003, 50 DCR 1426).
For temporary (90 day) addition, see § 214 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-71, April 16, 2003, 50 DCR 3593).
For temporary (90 day) addition, see § 214 of Child and Youth, Safety and Health Omnibus Second Emergency Amendment Act of 2003 (D.C. Act 15-279, December 18, 2003, 51 DCR 60).
For temporary (90 day) addition, see § 214 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-407, March 18, 2004, 51 DCR 3659).
For temporary (90 day) addition, see § 213 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2004 (D.C. Act 15-630, November 30, 2004, 52 DCR 1143).
For temporary (90 day) addition, see § 210 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-30, February 17, 2005, 52 DCR 2993).
Temporary Legislation
For temporary (225 day) addition, see § 214 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2002 (D.C. Law 14-164, June 25, 2002, law notification 49 DCR 6500).
For temporary (225 day) addition, see § 214 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2003 (D.C. Law 15-2, May 3, 2003, law notification 50 DCR 3782).
For temporary (225 day) addition, see § 214 of the Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2004 (D.C. Law 15-117, March 30, 2004, law notification 51 DCR 3804).
For temporary (225 day) addition, see § 214 of the Child and Youth, Safety and Health Omnibus Second Temporary Amendment Act of 2004 (D.C. Law 15-319, April 8, 2005, law notification 52 DCR 4708).
2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 16 - Access to Justice Initiative. [Repealed] › § 4–1601. Definitions. [Repealed]

§ 4–1601. Definitions. [Repealed]
Repealed.
(Sept. 24, 2010, D.C. Law 18-223, § 3012, 57 DCR 6242; Sept. 14, 2011, D.C. Law 19-21, § 3002(a), 58 DCR 6226.)
Emergency Legislation
For temporary (90 day) addition of section, see § 3012 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
Short Title
Short title: Section 3011 of D.C. Law 18-223 provided that subtitle B of title III of the act may be cited as the “Access to Justice Initiative Establishment Act of 2010”.
Short title: Section 3001 of D.C. Law 19-21 provided that subtitle A of title III of the act may be cited as “Access to Justice Initiative Amendment Act of 2011”.