reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 46 - Uniform Child-Custody Jurisdiction and Enforcement › Subchapter II - Jurisdiction › § 16–4602.10. Appearance of parties and child

§ 16–4602.10. Appearance of parties and child.
(a) In a child-custody proceeding in the District, the court may order a party to the proceeding who is in the District to appear before the court in person, with or without the child. The court may order any person who is in the District and who has physical custody or control of the child to appear in person with the child.
(b) If a party to a child-custody proceeding whose presence is desired by the court is outside the District, the court may order that a notice given pursuant to section 16-4601.07 include a statement directing the party to appear in person, with or without the child, and informing the party that failure to appear may result in a decision adverse to the party.
(c) The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.
(d) If a party to a child-custody proceeding who is outside the District is directed to appear under subsection (b) of this section or desires to appear personally before the court, with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.
(Apr. 27, 2001, D.C. Law 13-293, § 2(d), 48 DCR 2214.)
Editor's Notes
Uniform Law: This section is based upon § 210 of the Uniform Child Custody Jurisdiction and Enforcement Act (1997 Act).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 46 - Uniform Child-Custody Jurisdiction and Enforcement › Subchapter III - Enforcement › § 16–4603.01. Definitions

§ 16–4603.01. Definitions.
For the purposes of this subchapter, the term:
(1) “Petitioner” means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child-custody determination.
(2) “Respondent” means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child-custody determination.
(Apr. 27, 2001, D.C. Law 13-293, § 2(d), 48 DCR 2214.)
Editor's Notes
Uniform Law: This section is based upon § 301 of the Uniform Child Custody Jurisdiction and Enforcement Act (1997 Act).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 46 - Uniform Child-Custody Jurisdiction and Enforcement › Subchapter III - Enforcement › § 16–4603.02. Enforcement under Hague Convention

§ 16–4603.02. Enforcement under Hague Convention.
Under this subchapter, a court of the District may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child-custody determination.
(Apr. 27, 2001, D.C. Law 13-293, § 2(d), 48 DCR 2214.)
Editor's Notes
Uniform Law: This section is based upon § 302 of the Uniform Child Custody Jurisdiction and Enforcement Act (1997 Act).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 46 - Uniform Child-Custody Jurisdiction and Enforcement › Subchapter III - Enforcement › § 16–4603.03. Duty to enforce

§ 16–4603.03. Duty to enforce.
(a) A court of the District shall recognize and enforce a child-custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and the determination has not been modified in accordance with this chapter.
(b) A court of the District may utilize any remedy available under other law of the District to enforce a child-custody determination made by a court of another state. The remedies provided in this subchapter are cumulative and do not affect the availability of other remedies to enforce a child-custody determination.
(Apr. 27, 2001, D.C. Law 13-293, § 2(d), 48 DCR 2214.)
Editor's Notes
Uniform Law: This section is based upon § 303 of the Uniform Child Custody Jurisdiction and Enforcement Act (1997 Act).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 46 - Uniform Child-Custody Jurisdiction and Enforcement › Subchapter III - Enforcement › § 16–4603.04. Temporary visitation

§ 16–4603.04. Temporary visitation.
(a) A court of the District which does not have jurisdiction to modify a child-custody determination may issue a temporary order enforcing:
(1) A visitation schedule made by a court of another state; or
(2) The visitation provisions of a child-custody determination of another state that does not provide for a specific visitation schedule.
(b) If a court of the District makes an order under subsection (a)(2) of this section, it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in subchapter II of this chapter. The order remains in effect until an order is obtained from the other court or the period expires.
(Apr. 27, 2001, D.C. Law 13-293, § 2(d), 48 DCR 2214.)
Section References
This section is referenced in § 16-4603.08.
Editor's Notes
Uniform Law: This section is based upon § 304 of the Uniform Child Custody Jurisdiction and Enforcement Act (1997 Act).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 46 - Uniform Child-Custody Jurisdiction and Enforcement › Subchapter III - Enforcement › § 16–4603.06. Enforcement of registered determination

§ 16–4603.06. Enforcement of registered determination.
(a) A court of the District may grant any relief normally available under the law of the District to enforce a registered child-custody determination made by a court of another state.
(b) A court of the District shall recognize and enforce, but may not modify, except in accordance with subchapter II of this chapter, a registered child-custody determination of a court of another state.
(Apr. 27, 2001, D.C. Law 13-293, § 2(d), 48 DCR 2214.)
Editor's Notes
Uniform Law: This section is based upon § 306 of the Uniform Child Custody Jurisdiction and Enforcement Act (1997 Act).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 46 - Uniform Child-Custody Jurisdiction and Enforcement › Subchapter III - Enforcement › § 16–4603.07. Simultaneous proceedings

§ 16–4603.07. Simultaneous proceedings.
If a proceeding for enforcement under this subchapter is commenced in a court of the District and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under subchapter II of this chapter, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.
(Apr. 27, 2001, D.C. Law 13-293, § 2(d), 48 DCR 2214.)
Editor's Notes
Uniform Law: This section is based upon § 307 of the Uniform Child Custody Jurisdiction and Enforcement Act (1997 Act).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 46 - Uniform Child-Custody Jurisdiction and Enforcement › Subchapter III - Enforcement › § 16–4603.09. Service of petition and order

§ 16–4603.09. Service of petition and order.
Except as otherwise provided in §§ 16-306 (adoptions), 16-2306 (neglect proceedings), 16-2357 (termination of parental rights), and 16-4603.11 (custody under emergency circumstances), the petition and order must be served upon respondent and any person who has physical custody of the child by any method authorized for the service of complaints under the rules for domestic relations proceedings adopted by the Board of Judges of the Superior Court of the District of Columbia.
(Apr. 27, 2001, D.C. Law 13-293, § 2(d), 48 DCR 2214.)
Editor's Notes
Uniform Law: This section is based upon § 309 of the Uniform Child Custody Jurisdiction and Enforcement Act (1997 Act).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 46 - Uniform Child-Custody Jurisdiction and Enforcement › Subchapter III - Enforcement › § 16–4603.10. Hearing and order

§ 16–4603.10. Hearing and order.
(a) Unless the court issues a temporary emergency order pursuant to section 16-4602.04, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:
(1) The child-custody determination has not been registered and confirmed under section 16-4603.05 and that:
(A) The issuing court did not have jurisdiction under subchapter II of this chapter;
(B) The child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under subchapter II of this chapter; or
(C) The respondent was entitled to notice, but notice was not given in accordance with the standards of section 16-4601.07, in the proceedings before the court that issued the order for which enforcement is sought; or
(2) The child-custody determination for which enforcement is sought was registered and confirmed under section 16-4603.05 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under subchapter II of this chapter.
(b) The court shall award the fees, costs, and expenses authorized under section 16-4603.12 and may grant additional relief, including a request for the assistance of the Metropolitan Police Department or other law enforcement officials, and set a further hearing to determine whether additional relief is appropriate.
(c) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.
(d) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this subchapter.
(Apr. 27, 2001, D.C. Law 13-293, § 2(d), 48 DCR 2214.)
Editor's Notes
Uniform Law: This section is based upon § 310 of the Uniform Child Custody Jurisdiction and Enforcement Act (1997 Act).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 46 - Uniform Child-Custody Jurisdiction and Enforcement › Subchapter III - Enforcement › § 16–4603.11. Warrant to take physical custody of child

§ 16–4603.11. Warrant to take physical custody of child.
(a) Upon the filing of a petition seeking enforcement of a child-custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is imminently likely to suffer serious physical harm or be removed from the District.
(b) If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from the District, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by section 16-4603.08(b).
(c) A warrant to take physical custody of a child must:
(1) Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;
(2) Direct law enforcement officers to take physical custody of the child immediately; and
(3) Provide for the placement of the child pending final relief.
(d) The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody.
(e) A warrant to take physical custody of a child is enforceable throughout the District. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.
(f) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child’s custodian.
(Apr. 27, 2001, D.C. Law 13-293, § 2(d), 48 DCR 2214.)
Section References
This section is referenced in § 16-4603.09.
Editor's Notes
Uniform Law: This section is based upon § 311 of the Uniform Child Custody Jurisdiction and Enforcement Act (1997 Act).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 46 - Uniform Child-Custody Jurisdiction and Enforcement › Subchapter III - Enforcement › § 16–4603.12. Costs, fees, and expenses

§ 16–4603.12. Costs, fees, and expenses.
(a) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney’s fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.
(b) The court may not assess fees, costs, or expenses against a state unless authorized by law other than this chapter.
(Apr. 27, 2001, D.C. Law 13-293, § 2(d), 48 DCR 2214.)
Section References
This section is referenced in § 16-4603.08 and § 16-4603.10.
Editor's Notes
Uniform Law: This section is based upon § 312 of the Uniform Child Custody Jurisdiction and Enforcement Act (1997 Act).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 46 - Uniform Child-Custody Jurisdiction and Enforcement › Subchapter III - Enforcement › § 16–4603.13. Recognition and enforcement

§ 16–4603.13. Recognition and enforcement.
A court of the District shall accord full faith and credit to an order issued by a court of another state and consistent with this chapter which enforces a child-custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under subchapter II of this chapter.
(Apr. 27, 2001, D.C. Law 13-293, § 2(d), 48 DCR 2214.)
Editor's Notes
Uniform Law: This section is based upon § 313 of the Uniform Child Custody Jurisdiction and Enforcement Act (1997 Act).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 46 - Uniform Child-Custody Jurisdiction and Enforcement › Subchapter III - Enforcement › § 16–4603.14. Appeals

§ 16–4603.14. Appeals.
An appeal may be taken from a final order in a proceeding under this subchapter. The appeal shall be considered on an expedited basis. Unless the court enters a temporary emergency order under section 16-4602.04 , the enforcing court may not stay an order enforcing a child-custody determination pending appeal.
(Apr. 27, 2001, D.C. Law 13-293, § 2(d), 48 DCR 2214.)
Editor's Notes
Uniform Law: This section is based upon § 314 of the Uniform Child Custody Jurisdiction and Enforcement Act (1997 Act).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 46 - Uniform Child-Custody Jurisdiction and Enforcement › Subchapter III - Enforcement › § 16–4603.15. Role of Attorney General for the District of Columbia

§ 16–4603.15. Role of Attorney General for the District of Columbia.
(a) In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the Attorney General for the District of Columbia may take any lawful action, including resort to a proceeding under this subchapter or any other available civil proceeding, to locate a child, obtain the return of a child, or enforce a child-custody determination if there is:
(1) An existing child-custody determination;
(2) A request to do so from a court in a pending child-custody proceeding;
(3) A reasonable belief that a criminal statute has been violated; or
(4) A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.
(b) A member of the Office of the Attorney General for the District of Columbia acting under this section acts on behalf of the court and may not represent any party.
(Apr. 27, 2001, D.C. Law 13-293, § 2(d), 48 DCR 2214; Mar. 31, 2009, D.C. Law 17-378, § 2(b)(1), 56 DCR 1572.)
Section References
This section is referenced in § 16-4603.16 and § 16-4603.17.
Effect of Amendments
D.C. Law 17-378, in the section heading and subsecs. (a) and (b), substituted “Attorney General for the District of Columbia” for “Corporation Counsel”.
Editor's Notes
Uniform Law: This section is based upon § 315 of the Uniform Child Custody Jurisdiction and Enforcement Act (1997 Act).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 46 - Uniform Child-Custody Jurisdiction and Enforcement › Subchapter III - Enforcement › § 16–4603.16. Role of law enforcement

§ 16–4603.16. Role of law enforcement.
At the request of a member of the Office of the Attorney General for the District of Columbia acting under section 16-4603.15 , a member of the Metropolitan Police Department or other law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist the Office of the Attorney General for the District of Columbia with responsibilities under section 16-4603.15 .
(Apr. 27, 2001, D.C. Law 13-293, § 2(d), 48 DCR 2214; Mar. 31, 2009, D.C. Law 17-378, § 2(b)(2), 56 DCR 1572.)
Section References
This section is referenced in § 16-4603.17.
Effect of Amendments
D.C. Law 17-378 substituted “Attorney General for the District of Columbia” for “Corporation Counsel”.
Editor's Notes
Uniform Law: This section is based upon § 316 of the Uniform Child Custody Jurisdiction and Enforcement Act (1997 Act).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 46 - Uniform Child-Custody Jurisdiction and Enforcement › Subchapter III - Enforcement › § 16–4603.17. Costs and expenses

§ 16–4603.17. Costs and expenses.
If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the Office of the Attorney General for the District of Columbia and Metropolitan Police Department or other law enforcement officers under section 16-4603.15 or section 16-4603.16 .
(Apr. 27, 2001, D.C. Law 13-293, § 2(d), 48 DCR 2214; Mar. 31, 2009, D.C. Law 17-378, § 2(b)(3), 56 DCR 1572.)
Effect of Amendments
D.C. Law 17-378 substituted “Attorney General for the District of Columbia” for “Corporation Counsel”.
Editor's Notes
Uniform Law: This section is based upon § 317 of the Uniform Child Custody Jurisdiction and Enforcement Act (1997 Act).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 46 - Uniform Child-Custody Jurisdiction and Enforcement › Subchapter IV - Child Abduction Prevention › § 16–4604.01. Short title

§ 16–4604.01. Short title.
This subchapter may be cited as the “Uniform Child Abduction Prevention Act”.
(Mar. 31, 2009, D.C. Law 17-378, § 2(d), 56 DCR 1572.)
Editor's Notes
Former § 16-4604.01 has been recodified as § 16-4605.01 by D.C. Law 17-378, § 2(e).
Uniform Law: This section is based upon § 1 of the Uniform Child Abduction Prevention Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 46 - Uniform Child-Custody Jurisdiction and Enforcement › Subchapter IV - Child Abduction Prevention › § 16–4604.02. Definitions

§ 16–4604.02. Definitions.
For the purposes of this subchapter, the term:
(1) “Abduction” means the wrongful removal or wrongful retention of a child.
(2) “Child” means an unemancipated individual who is less than 18 years of age.
(3) “Child-custody proceeding” means a proceeding in which legal custody, physical custody, or visitation with respect to a child is at issue. The term includes a proceeding for divorce, dissolution of marriage, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, or protection from domestic violence.
(4) “Petition” includes a motion or its equivalent.
(5) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(6) “Travel document” means records relating to a travel itinerary, including travel tickets, passes, reservations for transportation, or accommodations. The term “travel document” does not include a passport or visa.
(7) “Wrongful removal” means the taking of a child that breaches rights of custody or visitation given or recognized under the law of this state.
(8) “Wrongful retention” means the keeping or concealing of a child that breaches rights of custody or visitation given or recognized under the law of this state.
(Mar. 31, 2009, D.C. Law 17-378, § 2(d), 56 DCR 1572.)
Editor's Notes
Former § 16-4604.02 has been recodified as § 16-4605.03 by D.C. Law 17-378, § 2(e).
Uniform Law: This section is based upon § 2 of the Uniform Child Abduction Prevention Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 46 - Uniform Child-Custody Jurisdiction and Enforcement › Subchapter IV - Child Abduction Prevention › § 16–4604.03. Cooperation and communication among courts

§ 16–4604.03. Cooperation and communication among courts.
Sections 16-4601.10 , 16-4601.11 , and 16-4601.12 apply to cooperation and communications among courts in proceedings under this subchapter.
(Mar. 31, 2009, D.C. Law 17-378, § 2(d), 56 DCR 1572.)
Editor's Notes
Uniform Law: This section is based upon § 3 of the Uniform Child Abduction Prevention Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 46 - Uniform Child-Custody Jurisdiction and Enforcement › Subchapter IV - Child Abduction Prevention › § 16–4604.04. Actions for abduction prevention measures

§ 16–4604.04. Actions for abduction prevention measures.
(a) A court on its own motion may order abduction prevention measures in a child-custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child.
(b) A party to a child-custody determination or another individual or entity having a right under the law of this state or any other state to seek a child-custody determination for the child may file a petition seeking abduction prevention measures to protect the child under this subchapter.
(c) The Attorney General for the District of Columbia may seek a warrant to take physical custody of a child under § 16-4604.09 or other appropriate prevention measures.
(Mar. 31, 2009, D.C. Law 17-378, § 2(d), 56 DCR 1572.)
Editor's Notes
Uniform Law: This section is based upon § 4 of the Uniform Child Abduction Prevention Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 46 - Uniform Child-Custody Jurisdiction and Enforcement › Subchapter IV - Child Abduction Prevention › § 16–4604.05. Jurisdiction

§ 16–4604.05. Jurisdiction.
(a) A petition under this subchapter may be filed only in a court that has jurisdiction to make a child-custody determination with respect to the child at issue under §§ 16-4601.01 to 16-4604.02.
(b) A court of this state has temporary emergency jurisdiction under § 16-4602.04 if the court finds a credible risk of abduction.
(Mar. 31, 2009, D.C. Law 17-378, § 2(d), 56 DCR 1572.)
Editor's Notes
Uniform Law: This section is based upon § 5 of the Uniform Child Abduction Prevention Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 46 - Uniform Child-Custody Jurisdiction and Enforcement › Subchapter IV - Child Abduction Prevention › § 16–4604.06. Contents of petition

§ 16–4604.06. Contents of petition.
A petition under this subchapter shall be verified and include a copy of any existing child-custody determination, if available. The petition shall specify the risk factors for abduction, including the relevant factors described in § 16-4604.07. Subject to § 16-4602.09(e), if reasonably ascertainable, the petition shall contain:
(1) The name, date of birth, and gender of the child;
(2) The customary address and current physical location of the child;
(3) The identity, customary address, and current physical location of the respondent;
(4) A statement of whether a prior action to prevent abduction or domestic violence has been filed by a party or other individual or entity having custody of the child, and the date, location, and disposition of the action;
(5) A statement of whether a party to the proceeding has been arrested for a crime related to domestic violence, stalking, or child abuse or neglect, and the date, location, and disposition of the case; and
(6) Any other information required to be submitted to the court for a child-custody determination under § 16-4602.09.
(Mar. 31, 2009, D.C. Law 17-378, § 2(d), 56 DCR 1572.)
Editor's Notes
Uniform Law: This section is based upon § 6 of the Uniform Child Abduction Prevention Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 46 - Uniform Child-Custody Jurisdiction and Enforcement › Subchapter IV - Child Abduction Prevention › § 16–4604.09. Warrant to take physical custody of child

§ 16–4604.09. Warrant to take physical custody of child.
(a) If a petition under this subchapter contains allegations, and the court finds that there is a credible risk that the child is imminently likely to be wrongfully removed, the court may issue an ex parte warrant to take physical custody of the child.
(b) The respondent on a petition under subsection (a) of this section shall be afforded an opportunity to be heard at the earliest possible time after the ex parte warrant is executed, but not later than the next judicial day unless a hearing on that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible.
(c) An ex parte warrant under subsection (a) of this section to take physical custody of a child shall:
(1) Recite the facts upon which a determination of a credible risk of imminent wrongful removal of the child is based;
(2) Direct law enforcement officers to take physical custody of the child immediately;
(3) State the date and time for the hearing on the petition; and
(4) Provide for the safe interim placement of the child pending further order of the court.
(d) If feasible, before issuing a warrant and before determining the placement of the child after the warrant is executed, the court may order a search of the relevant databases of the National Crime Information Center system and similar state databases to determine if either the petitioner or respondent has a history of domestic violence, stalking, or child abuse or neglect.
(e) The petition and warrant shall be served on the respondent when or immediately after the child is taken into physical custody.
(f) A warrant to take physical custody of a child, issued by this state or another state, is enforceable throughout this state. If the court finds that a less intrusive remedy will not be effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances, the court may authorize law enforcement officers to make a forcible entry at any hour.
(g) If the court finds, after a hearing, that a petitioner sought an ex parte warrant under subsection (a) of this section for the purpose of harassment or in bad faith, the court may award the respondent reasonable attorney’s fees, costs, and expenses.
(h) This subchapter does not affect the availability of relief allowed under the law of this state other than this subchapter.
(Mar. 31, 2009, D.C. Law 17-378, § 2(d), 56 DCR 1572.)
Section References
This section is referenced in § 16-4604.04 and § 16-4604.08.
Editor's Notes
Uniform Law: This section is based upon § 9 of the Uniform Child Abduction Prevention Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 46 - Uniform Child-Custody Jurisdiction and Enforcement › Subchapter IV - Child Abduction Prevention › § 16–4604.10. Duration of abduction prevention order

§ 16–4604.10. Duration of abduction prevention order.
An abduction prevention order remains in effect until the earliest of:
(1) The time stated in the order;
(2) The emancipation of the child;
(3) The child’s attaining 18 years of age; or
(4) The time the order is modified, revoked, vacated, or superseded by a court with jurisdiction under §§ 16-4602.01 to 16-4602.03.
(Mar. 31, 2009, D.C. Law 17-378, § 2(d), 56 DCR 1572.)
Editor's Notes
Uniform Law: This section is based upon § 10 of the Uniform Child Abduction Prevention Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 46 - Uniform Child-Custody Jurisdiction and Enforcement › Subchapter V - Miscellaneous Provisions › § 16–4605.01. Uniformity of application and construction

§ 16–4605.01. Uniformity of application and construction.
In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Apr. 27, 2001, D.C. Law 13-293, § 2(d), 48 DCR 2214; Mar. 31, 2009, D.C. Law 17-378, § 2(c), (e), 56 DCR 1572.)
Prior Codifications
2001 Ed., § 16-4604.01.
Effect of Amendments
D.C. Law 17-378 amended the section by redesignating this section.
Editor's Notes
Uniform Law: This section is based upon § 401 of the Uniform Child Custody Jurisdiction and Enforcement Act (1997 Act).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 46 - Uniform Child-Custody Jurisdiction and Enforcement › Subchapter V - Miscellaneous Provisions › § 16–4605.02. Relation to Electronic Signatures in Global and National Commerce Act

§ 16–4605.02. Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 464; 15 U.S.C. § 7001 et seq.), but does not modify, limit, or supersede section 101(c) of that act (15 U.S.C. § 7001(c) ), or authorize electronic delivery of any of the notices described in section 103(b) of that act (15 U.S.C. § 7003(b) ).
(Mar. 31, 2009, D.C. Law 17-378, § 2(e), 56 DCR 1572.)
Effect of Amendments
D.C. Law 17-378 added this section.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 46 - Uniform Child-Custody Jurisdiction and Enforcement › Subchapter V - Miscellaneous Provisions › § 16–4605.03. Transitional provision

§ 16–4605.03. Transitional provision.
A motion or other request for relief made in a child-custody proceeding or to enforce a child-custody determination which was commenced before April 27, 2001, is governed by the law in effect at the time the motion or other request was made.
(Apr. 27, 2001, D.C. Law 13-293, § 2(d), 48 DCR 2214; Mar. 31, 2009, D.C. Law 17-378, § 2(c), (e), 56 DCR 1572; Sept. 26, 2012, D.C. Law 19-171, § 75(c), 59 DCR 6190.)
Prior Codifications
2001 Ed., § 16-4604.02.
Effect of Amendments
D.C. Law 17-378 redesignated this section and substituted “April 27, 2001” for “the effective date of this chapter”.
The 2012 amendment by D.C. Law 19-171 made a stylistic change.
Editor's Notes
Uniform Law: This section is based upon § 402 of the Uniform Child Custody Jurisdiction and Enforcement Act (1997 Act).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 47 - Free Flow of Information › § 16–4701. Definitions

§ 16–4701. Definitions.
For the purpose of this chapter, the term “news media” means:
(1) Newspapers;
(2) Magazines;
(3) Journals;
(4) Press associations;
(5) News agencies;
(6) Wire services;
(7) Radio;
(8) Television; or
(9) Any printed, photographic, mechanical, or electronic means of disseminating news and information to the public.
(Sept. 26, 1992, D.C. Law 9-156, § 2, 39 DCR 5682.)
Prior Codifications
1981 Ed., § 16-4701.
Section References
This section is referenced in § 2-575.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 47 - Free Flow of Information › § 16–4702. Compelled disclosure prohibited

§ 16–4702. Compelled disclosure prohibited.
Except as provided in section 16-4703 , no judicial, legislative, administrative, or other body with the power to issue a subpoena shall compel any person who is or has been employed by the news media in a news gathering or news disseminating capacity to disclose:
(1) The source of any news or information procured by the person while employed by the news media and acting in an official news gathering capacity, whether or not the source has been promised confidentiality; or
(2) Any news or information procured by the person while employed by the news media in the course of pursuing professional activities that is not itself communicated in the news media, including any:
(A) Notes;
(B) Outtakes;
(C) Photographs or photographic negatives;
(D) Video or sound tapes;
(E) Film; or
(F) Other data, irrespective of its nature, not itself communicated in the news media.
(Sept. 26, 1992, D.C. Law 9-156, § 2, 39 DCR 5682; July 25, 1995, D.C. Law 11-30, § 4, 42 DCR 1547.)
Prior Codifications
1981 Ed., § 16-4702.
Section References
This section is referenced in § 16-4703 and § 16-4704.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 47 - Free Flow of Information › § 16–4703. Compelled disclosure permitted

§ 16–4703. Compelled disclosure permitted.
(a) A court may compel disclosure of news or information otherwise protected from disclosure under section 16-4702(2) if the court finds that the party seeking the news or information established by clear and convincing evidence that:
(1) The news or information is relevant to a significant legal issue before a judicial, legislative, administrative, or other body that has the power to issue a subpoena;
(2) The news or information could not, with due diligence, be obtained by any alternative means; and
(3) There is an overriding public interest in the disclosure.
(b) A court may not compel disclosure of the source of any information protected under section 16-4702.
(Sept. 26, 1992, D.C. Law 9-156, § 2, 39 DCR 5682.)
Prior Codifications
1981 Ed., § 16-4703.
Section References
This section is referenced in § 16-4702.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 47 - Free Flow of Information › § 16–4704. Activities not constituting a waiver

§ 16–4704. Activities not constituting a waiver.
The publication by the news media or the dissemination by a person employed by the news media of a source of news or information, or a portion of the news or information, procured while pursuing professional activities shall not constitute a waiver of the protection from compelled disclosure that is contained in section 16-4702 .
(Sept. 26, 1992, D.C. Law 9-156, § 2, 39 DCR 5682.)
Prior Codifications
1981 Ed., § 16-4704.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 48 - Standby Guardianship › § 16–4801. Findings

§ 16–4801. Findings.
The Council of the District of Columbia finds that:
(1) Existing custody law does not provide adequately for the needs of a parent who is terminally ill, who is periodically incapable of caring for the needs of a child due to the parent's incapacity or debilitation resulting from illness, or who may be subject to an adverse immigration action, and who desires to make long-term plans for the future of a child without terminating or limiting in any way the parent’s legal rights.
(2) Children are becoming unnecessarily involved in adversarial court proceedings or are without legally sanctioned caretakers because their parents who may be ill or subject to an adverse immigration action cannot or will not permanently or temporarily transfer care, custody, or control of their children to another person if such a transfer requires any limitation of the custodial parent’s rights.
(June 25, 2002, D.C. Law 14-152, § 2, 49 DCR 4248; Dec. 8, 2020, D.C. Law 23-153, § 2(a), 67 DCR 12259.)
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2(a) of Standby Guardian Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-432, Oct. 6, 2020, 67 DCR 12981).
For temporary (90 days) amendment of this section, see § 2(a) of Standby Guardian Emergency Amendment Act of 2020 (D.C. Act 23-345, July 27, 2020, 67 DCR 9383).
For temporary (90 days) amendment of this section, see § 2(a) of Standby Guardian Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-141, Oct. 23, 2019, 66 DCR 14324).
For temporary (90 days) amendment of this section, see § 2(a) of Standby Guardian Emergency Amendment Act of 2019 (D.C. Act 23-111, July 31, 2019, 66 DCR 188).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 2(a) of Standby Guardian Temporary Amendment Act of 2020 (D.C. Law 23-145, Oct. 20, 2020, 67 DCR 9916).
For temporary (225 days) amendment of this section, see § 2(a) of Standby Guardian Temporary Amendment Act of 2019 (D.C. Law 23-30, Nov. 26, 2019, 66 DCR 13135).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 48 - Standby Guardianship › § 16–4807. Effect of filing standby guardianship petition

§ 16–4807. Effect of filing standby guardianship petition.
(a) If the petition filed by the designator pursuant to § 16-4805 is approved by the Court before the occurrence of the triggering event, the standby guardian’s authority will commence automatically upon the occurrence of the triggering event. No further petition or confirmation is necessary.
(b) If the petition for approval of the designation has not been filed before the occurrence of a triggering event, the standby guardian shall have temporary legal authority to act as legal custodian or guardian of the child without authorization of the Court for a period of 90 days from the date of the triggering event.
(1) Within the 90-day period following the occurrence of the triggering event, the standby guardian shall file a petition for approval of the standby guardian in accordance with § 16-4805.
(2) If a petition is not filed within the 90-day period, the standby guardian shall lose all authority to act as legal custodian or guardian. The authority of the standby guardian to act as legal custodian or guardian shall recommence upon the filing of the petition.
(c) If a petition for approval of a standby guardian is filed, but the court does not act upon it within the 90-day period following the occurrence of a triggering event, the standby guardian’s temporary legal authority to act as legal custodian or guardian shall continue until the court orders otherwise.
(d) The commencement of a standby guardian’s authority under this chapter may not divest a parent or legal guardian of any legal custodial, parental guardianship rights or custody.
(June 25, 2002, D.C. Law 14-152, § 2, 49 DCR 4248.)
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 48 - Standby Guardianship › § 16–4808. Notice

§ 16–4808. Notice.
(a) The petitioner shall notify any person named in the designation within 10 days of the filing of the petition of any hearing on that petition. Notice shall be attempted on all other persons who are entitled to notice under §§ 16-4501 through 16-4524 [repealed].
(b) Notice shall be by summons, including a copy of the designation, the petition, and documents required by this section.
(c) Notice is sufficient by mailing a copy of the executed copy of the petition, the designation, and other documents required by § 16-4805(b) to those persons entitled to notice under this section. The mailing shall be by certified mail, restricted delivery, return receipt requested to the current or last-known address of a person entitled to notice.
(d) Notice may also be given in any other manner calculated to give notice and not prohibited by statute or court rule.
(e) If the petition alleges that a parent, legal custodian, or guardian cannot be located, reasonable efforts, such as those required in legal custody cases as described in § 13-336, shall be made by the petitioner to locate the other parents. Such efforts must be reported to the court.
(June 25, 2002, D.C. Law 14-152, § 2, 49 DCR 4248.)
Section References
This section is referenced in § 16-4806.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 48 - Standby Guardianship › § 16–4809. Challenging a standby guardianship designation

§ 16–4809. Challenging a standby guardianship designation.
(a) An individual entitled to notice under §§ 16-4501 through 16-4524 (the Uniform Child Custody Jurisdiction Act) [repealed] may challenge a standby guardianship designation order by initiating a child custody proceeding in the Superior Court of the District of Columbia or in any court that could exercise jurisdiction in accordance with §§ 16-4501 through 16-4524.
(b) An order of custody issued by a court of competent jurisdiction supersedes any designation of standby guardianship.
(June 25, 2002, D.C. Law 14-152, § 2, 49 DCR 4248.)
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 48 - Standby Guardianship › § 16–4810. Revocation, repudiation, or rescission of standby guardianship

§ 16–4810. Revocation, repudiation, or rescission of standby guardianship.
(a) The authority of a standby guardian approved by the Court pursuant to § 16-4805 may be revoked by the designator filing a notice of revocation with the Court.
(1) The notice of revocation shall identify the standby guardian or alternate standby guardian to whom the revocation shall apply.
(2) A copy of the revocation shall also be delivered to the standby guardian whose authority is revoked and to any alternate standby guardian who may be authorized to act. The revocation shall be delivered to the standby guardian and the alternate standby guardian by certified mail, restricted delivery, return receipt requested or by any other method allowed by local law.
(b) An executed designation not yet effective because a triggering event has not occurred or a petition has not been filed may be revoked by the designator or repudiated by the prospective standby guardian by notifying the other party in writing.
(c) A designation may also be revoked by the execution of a subsequent inconsistent designation.
(d) If at any time the Court finds that the designator no longer meets the definition of designator as that term is defined in § 16-4802(8), the Court shall rescind its approval of the standby guardian.
(e) The standby guardian shall file with the Court, as soon as practicable but no later than 90 days following a designator’s death, a copy of the certificate of death. The standby guardian’s failure to file within the 90-day period shall be grounds for the Court to rescind the authority of the standby guardian sua sponte. All acts undertaken by the standby guardian on behalf of and in the interest of the child before the Court’s rescission shall be valid and enforceable.
(June 25, 2002, D.C. Law 14-152, § 2, 49 DCR 4248.)
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 50 - Criminal Records Check. [Repealed] › § 16–5001. Definitions. [Repealed]

§ 16–5001. Definitions. [Repealed]
Repealed.
(Apr. 20, 1999, D.C. Law 12-257, § 2, 46 DCR 1309; June 27, 2000, D.C. Law 13-136, § 203, 47 DCR 2850.)
Prior Codifications
1981 Ed., § 16-5001.
Emergency Legislation
For temporary addition of chapter, see § 2-9 of the Criminal Background Investigation for the Protection of Children Congressional Review Emergency Act of 1999 (D.C. Act 13-6, February 8, 1999, 46 DCR 2296).
For temporary repeal of this chapter, see § 202(b) of the Adoption and Safe Families Emergency Amendment Act of 1999 (D.C. Act 13-117, July 28, 1999, 46 DCR 6558).
For temporary (90-day) repeal of this chapter, see § 3(b) of the Adoption and Safe Families Compliance Emergency Amendment Act of 1999 (D.C. Act 13-383, July 24, 2000, 47 DCR 6700).
For temporary (90 day) repeal of this chapter, see § 3(b) 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) repeal of this chapter, see § 3(b) of Adoption and Safe Families Compliance Emergency Amendment Act of 2001 (D.C. Act 14-65, June 6, 2001, 48 DCR 5721).
Temporary Legislation
For temporary (225 day) repeal of §§ 16-5001 through 16-5008 comprising Chapter 50 of Title 16 1981 Ed., see § 202(b) of the Adoption and Safe Families Temporary Amendment Act of 1999 (D.C. Law 13-56, March 7, 2000, law notification 47 DCR 1978)).
For temporary (225 day) addition of §§ 16-5001 through 16-5008 comprising Chapter 50 of Title 16 [1981 Edition], see §§ 2 to 9 of the Criminal Background Investigation for the Protection of Children Temporary Act of 1998 (D.C. Law 12-205, March 26, 1999, law notification 46 DCR 3431).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 50 - Criminal Records Check. [Repealed] › § 16–5002. Criminal records check required for certain individuals. [Repealed]

§ 16–5002. Criminal records check required for certain individuals. [Repealed]
Repealed.
(Apr. 20, 1999, D.C. Law 12-257, § 3, 46 DCR 1309; June 27, 2000, D.C. Law 13-136, § 203, 47 DCR 2850.)
Prior Codifications
1981 Ed., § 16-5002.
Emergency Legislation
For temporary repeal of chapter, see note to § 16-5001.
For temporary (90-day) repeal of this chapter, see § 3(b) of the Adoption and Safe Families Compliance Emergency Amendment Act of 1999 (D.C. Act 13-383, July 24, 2000, 47 DCR 6700).
For temporary (90 day) repeal of this chapter, see § 3(b) 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) repeal of this chapter, see § 3(b) of Adoption and Safe Families Compliance Emergency Amendment Act of 2001 (D.C. Act 14-65, June 6, 2001, 48 DCR 5721).
Temporary Legislation
Temporary addition of chapter: See note to § 16-5001.