Chapter 13. Child Abuse and Neglect.
Subchapter I. Prevention of Child Abuse and Neglect.
Part A. Reporting Abuse and Neglect.
§ 4–1301.01. [Reserved].
§ 4–1301.02. Definitions.
For the purposes of this subchapter:
(1)(A) "Abused", when used in reference to a child, means:
(i) Abused, as that term is defined in § 16-2301(23); or
(ii) Sexual abuse, which shall include:
(I) Sex trafficking or severe forms of trafficking in persons, as those terms are defined in section 103(10) and (9)(A) of the Trafficking Victims Protection Act of 2000, approved October 28, 2000 (114 Stat. 1469; 22 U.S.C. § 7102(10) and (9)(A));
(II) A commercial sex act, as that term is defined in § 22-1831(4); or
(III) Sex trafficking of children, as described in § 22-1834.
(B) Nothing in this paragraph shall be construed as preventing or intending to prevent:
(i) Sex trafficking, severe forms of trafficking in persons, a commercial sex act, or sex trafficking of children from being considered a form of sexual abuse for purposes of § 16-2301(32); or
(ii) The Agency from offering or providing services for a child victim of sex trafficking, severe forms of trafficking in persons, a commercial sex act, or sex trafficking of children, including where the child was not abused or neglected by a parent, guardian, or custodian.
(2) “Adoption promotion and support services” means services and activities designed to encourage more adoptions of committed children, when such adoptions promote the best interest of the children, including such activities as pre-and post-adoptive services and activities designed to expedite the adoption process and support adoptive families.
(2A) Except where used in title IV of this act, “Agency” means the Child and Family Services Agency established by § 4-1303.01a.
(2A-i) “Behavioral health” means a person’s overall social, emotional, and psychological well-being and development.
(2A-ii) “Behavioral health assessment” means a more thorough and comprehensive examination by a mental health professional of all behavioral health issues and needs identified during an initial behavioral health screening by which the mental health professional shall identify the type and extent of the behavioral health problem and make recommendations for treatment interventions.
(2A-iii) “Behavioral health screening” means a brief process designed to identify youth who are at risk of having behavioral health disorders that warrant immediate attention, or intervention, or to identify the need for further assessment with a more comprehensive examination.
(2B) “CAC” means Safe Shores, the District of Columbia’s Children’s Advocacy Center.
(3) “Case plan” means a written document concerning a child that includes at least the following:
(A) A description of the type of home or institution in which the child is to be placed, including a discussion of the safety and appropriateness of the placement and how the agency that is responsible for the child plans to carry out the voluntary placement agreement or judicial determination made with respect to the child;
(B) A plan for assuring that the child receives safe and proper care and that services are available to the parents, child, and foster parents in order to improve conditions in the parents’ home, facilitate return of the child to his or her own safe home or to the child’s permanent placement, and address the child’s needs while a committed child, including the appropriateness of services provided to the child under the plan. With respect to a child who has attained 14 years of age, the plan, and any revision or addition to the plan, shall be developed in consultation with the child and, at the option of the child, with up to 2 members of the case-planning team who are chosen by the child and who are not a foster parent of, or caseworker for, the child. The agency may reject an individual selected by a child to be a member of the case-planning team at any time if the agency has good cause to believe that the individual would not act in the best interests of the child. One individual selected by a child to be a member of the child's case-planning team may be designated to be the child's advisor and, as necessary, advocate, with respect to the application of the reasonable and prudent parent standard to the child.
(C) To the extent available and accessible, the child’s health and education records;
(D) Where appropriate, for a child 14 years of age or over, a written description of the programs and services which will help the child prepare for the transition from being a committed child to independent living; and
(E) If the child’s permanent plan is adoption or placement in another permanent home, documentation of the steps (including child specific recruitment efforts) taken to accomplish the following:
(i) Find an adoptive family or other permanent living arrangement, such as with a legal custodian, with a kinship caregiver, or in independent living;
(ii) Place the child with an adoptive family, a kinship caregiver, a legal custodian, or in another planned permanent living arrangement; and
(iii) Finalize the adoption or legal custody or guardianship.
(F) In the case of a child with respect to whom the permanency plan is placement with a relative and receipt of kinship guardianship assistance payments under § 16-2399, a description of the:
(i) Steps taken to determine that it is not appropriate for the child to be returned home or adopted;
(ii) Reasons for any separation of siblings, including individuals who would have been considered siblings of the child but for the termination of parental rights or death of a parent, during placement;
(iii) Reasons a permanent placement with a fit and willing relative through a kinship guardianship-assistance arrangement is in the child’s best interests;
(iv) Ways in which the child meets the eligibility requirements for a kinship guardianship-assistance payment;
(v) Efforts made to discuss adoption by the child’s relative foster parent as a more permanent alternative to legal guardianship and, in the case of a relative foster parent who has chosen not to pursue adoption, documentation of the reasons therefore; and
(vi) Efforts made to discuss with the child’s parent the kinship guardianship-assistance arrangement, or the reasons the efforts were not made; and
(G) A plan for ensuring the educational stability of the child while in foster care, including:
(i) Assurances that the placement of the child in foster care takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement; and
(ii)(I) An assurance that the Agency has coordinated with appropriate local educational agencies, as defined under section 9101(26) of the Elementary and Secondary Education Act of 1965, approved January 8, 2002 (115 Stat. 1425; 20 U.S.C. § 7801(26)), to ensure that the child remains in the school in which the child is enrolled at the time of placement; or
(II) If remaining in the school the child is enrolled in at the time of placement is not in the best interests of the child, assurances by the Agency and the local educational agencies to provide immediate and appropriate enrollment in a new school, with all of the educational records of the child provided to the new school.
(4) “Child Protection Register” means the confidential index of all reports established pursuant to § 4-1302.01.
(4A) “Consumer reporting agency” means a person or entity that assembles or evaluates consumer credit information or other information on consumers for the purpose of furnishing consumer reports and the disclosure of file information to third parties.
(5) “Credible evidence” means any evidence that indicates that a child is an abused or neglected child, including the statement of any person worthy of belief.
(6) “Director” means the Director of the Child and Family Services Agency established by § 4-1303.01.
(6A) “Domestic partnership” shall have the same meaning as provided in § 32-701(4).
(7) “Drug” shall have the same meaning as the term “controlled substance” has in § 48-901.02(4).
(8) “Drug-related activity” means the use, sale, distribution, or manufacture of a drug or drug paraphernalia without a legally valid license or medical prescription.
(9) “Entry into foster care” means the earlier of:
(A) The date of the first judicial finding that the child has been neglected; or
(B) The date that is 60 days after the date on which the child is removed from the home.
(9A) “Family assessment” means an evaluation, for the purpose of developing a service plan, to determine:
(A) A family’s strengths and needs;
(B) The safety of any children in the home, including assessing whether there exists a risk of abuse or neglect of any child, but excludes a determination as to whether a report of abuse or neglect is substantiated, inconclusive, or unfounded;
(C) A family’s ability to function as a cohesive unit; and
(D) A family’s access to resources.
(10) “Family preservation services” means services for children and families who are at risk of abuse or neglect, or in crisis, including:
(A) Services designed to help children return to families from which they have been removed, or be placed for adoption, where safe and appropriate, with a legal guardian, or, if adoption or legal guardianship is determined not to be safe and appropriate for a child, in another permanent living arrangement;
(B) Replacement prevention services;
(C) Services which provide follow-up care to families to whom a child has returned after commitment;
(D) Respite care services; and
(E) Services designed to improve parenting skills and abilities.
(11) “Family support services” means community-based services to promote the safety and well-being of children and families, and designed to:
(A) Increase family strength and stability;
(B) Increase parent confidence and competence;
(C) Afford children safe, stable, and supportive family environments; and
(D) Otherwise enhance child development.
(12) “Godparent” means an individual identified by a relative of the child by blood, marriage, domestic partnership, or adoption, in a sworn affidavit, to have close personal or emotional ties with the child or the child’s family, which pre-dated the child’s placement with the individual.
(13) “Guardian ad litem” means an attorney appointed by the Superior Court of the District of Columbia to represent the child’s best interests in neglect proceedings.
(13A) “Inconclusive report” means a report, made pursuant to § 4-1321.03, which cannot be proven to be either substantiated or unfounded.
(14) “Kinship caregiver” means an individual who:
(A) Is approved by the Division to provide kinship care;
(B) Is at least 21 years of age;
(C) Is providing, or is willing to provide for, the day-to-day care of a child; and
(D) Either:
(i) Is a relative of the child by blood, marriage, domestic partnership, or adoption; or
(ii) Is a godparent of the child.
(15) “Law enforcement officer” means a sworn officer of the Metropolitan Police Department of the District of Columbia.
(15A) "Neglected child" means a child who is a:
(A) Neglected child, as that term is defined in § 16-2301(9);
(B) Victim of sex trafficking or severe forms of trafficking in persons, as those terms are defined in section 103(10) and (9)(A) of the Trafficking Victims Protection Act of 2000, approved October 28, 2000 (114 Stat. 1469; 22 U.S.C. § 7102(10) and (9)(A));
(C) Victim of a commercial sex act, as that term is defined in § 22-1831(4); or
(D) Victim of sex trafficking of children, as described in § 22-1834.
(15B) “Panel” means the Citizen Review Panel established by § 4-1303.51.
(15C) “Placement disruption” means an unplanned move necessary to protect the safety and well-being of the youth.
(16) “Police” means the Metropolitan Police Department of the District of Columbia.
(16A) "Reasonable and prudent parent standard" means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child, that should be used when determining whether to allow a child to participate in extracurricular, enrichment, cultural, and social activities.
(17) “Report” means a report to the police or the Agency of a suspected or known neglected child.
(18) Repealed.
(19) “Source” means the person or institution from whom a report originates.
(19A) “Substantiated report” means a report, made pursuant to § 4-1321.03, which is supported by credible evidence and is not against the weight of the evidence.
(20) “Time-limited family reunification services” means services and activities provided to a committed child and to the child’s parent, guardian, or custodian in order to facilitate the safe, appropriate, and timely reunification of the child during the 15 months following the child’s entry into foster care. Time-limited family reunification services include:
(A) Individual, group, and family counseling;
(B) Inpatient, residential, or outpatient substance abuse treatment services;
(C) Mental health services;
(D) Assistance to address domestic violence;
(E) Services designed to provide temporary child care and therapeutic services for families; and
(F) Transportation to or from any of the services and activities described in this paragraph.
(20A) “Unfounded report” means a report, made pursuant to § 4-1321.03, which is made maliciously or in bad faith or which has no basis in fact.
(21) Repealed.
(22) “Youth” means an individual under 18 years of age residing in the District and those classified as youth in the custody of the Agency who are 21 years of age or younger.
§ 4–1301.03. [Reserved].
§ 4–1301.04. Handling of reports — By Agency.
(a)(1) The Agency shall conduct a thorough investigation of a report of suspected child abuse or neglect to protect the health and safety of the child or children when a report involves a child fatality, suspected sex abuse, or the Agency suspects a child is at imminent risk of or has experienced abuse or neglect that the Agency determines to be severe.
(2) For all other reports of suspected child abuse or neglect, the Agency, directly or through a contractor or another appropriate District agency, shall conduct either a thorough investigation or a family assessment. A family’s cooperation with the family assessment and its acceptance of services offered pursuant to the assessment shall be voluntary; provided, that there are no child-safety concerns.
(3) If at any time the Agency determines that a report referred for family assessment should be re-referred for an investigation, the Agency shall commence an investigation pursuant to subsections (b), (c), and (d) of this section and the requirements of this subchapter.
(4) If the family assessment determines that the family needs services, the Agency, directly or through a contractor or another appropriate District agency, shall assist the family in obtaining these services.
(5) The family assessment shall commence as soon as possible, but no later than 5 days after the Agency’s receipt of the report, and shall include seeing the child and all other children in the household within that 5-day period; provided, that the report does not involve a child who is at imminent risk of or has experienced abuse or neglect that the Agency determines to be severe, in which case the report shall be referred for investigation.
(6) If at any time the Agency finds, through an evaluation, that the time period of 5 days to commence a family assessment is not serving the best interest of families and children, it shall re-evaluate its practices regarding commencement and implementation of the family assessment, comparing its practices with national standards and best practices. The Agency shall report the conclusions of any re-evaluation to the Council, along with recommendations, if any, for legislative initiatives that address the conclusions of the report.
(b) The investigation shall commence:
(1) Immediately upon receiving a report of suspected abuse or neglect or a referral for investigation following a family assessment indicating that the child’s safety or health is in immediate danger; and
(2) As soon as possible, and at least within 24 hours, upon receiving any report or a referral for investigation following a family assessment not involving immediate danger to the child.
(c) The initial phase of the investigation shall:
(1) Be completed within 24 hours of its commencement;
(2) Include notification and coordination with the Metropolitan Police Department when there is indication of a crime, including sexual or serious physical abuse; and
(3) Include:
(A) Seeing the child and all other children in the household outside of the presence of the caretaker or caretakers;
(B) Conducting an interview with the child’s caretaker or caretakers;
(C) Speaking with the source of the report;
(D) Assessing the safety and risk of harm to the child from abuse or neglect in the place where the child lives;
(E) Deciding on the safety of the child and of other children in the household;
(F) Deciding on the safety of other children in the care or custody of the person or persons alleged to be abusing or neglecting the child; and
(G) A finding as to whether the report of abuse or neglect is substantiated, inconclusive, or unfounded, unless at any time during the investigation the Director determines it appropriate to refer the family for a family assessment and suspends the investigation to complete a family assessment in accordance with rules issued pursuant to § 4-1306.01(d).
(d) The Agency may request the assistance of the Metropolitan Police Department to assist in the investigation or to ensure the safety of Agency staff.
(e)(1) Repealed.
(2) On or before December 15, 2011, the Agency shall submit a written report to the Council’s Committee on Human Services detailing the Agency’s progress toward using family assessments as authorized by this section, which shall include:
(A) A detailed review of the steps taken to phase in full implementation of this alternative to investigation;
(B) An evaluation of the strengths and needs of the implementation process; and
(C) Whether additional funding will be needed in fiscal year 2013 for expanded implementation.
§ 4–1301.05. Handling of reports — By police.
(a) The police shall, as soon as possible after the receipt of a report of a neglected child other than an abused child, inform the Agency of its contents and any action the police are taking or have taken.
(b) The police may, upon the receipt of a report of an abused child, inform the Agency of its contents and shall, as soon as possible when the report is a substantiated report, inform the Agency of its contents and any action they are taking or have taken.
(c) The police shall immediately after a report is received commence an investigation of the circumstances alleged in the report.
(d) The police shall immediately after a report is received commence an investigation of a case of a neglected child in immediate danger which case was referred from the Agency or reported directly to the police.
(e) Upon the receipt of a report alleging a child is or has been left alone or without adequate supervision, the police shall respond to the report immediately and shall take such steps as are necessary to safeguard the child until a Agency staff member arrives: Provided, however, that if the Agency does not arrive within a reasonable time, the police may transport the child to the Agency. The transporting of a child to the Agency pursuant to this subsection shall not be considered a taking into custody as described in § 16-2309.
§ 4–1301.06. Investigation.
(a) The full investigation shall be completed no more than 30 days after the receipt of the first notice of the suspected abuse or neglect.
(b) The investigation shall determine:
(1) The nature, extent, and cause of the abuse or neglect, if any;
(2) If mental injury, as defined in § 16-2301(31), is suspected, an assessment of the suspected mental injury by a physician, a psychologist, or a licensed clinical social worker;
(3) If the suspected abuse or neglect is determined to be substantiated:
(A) The identity of the person responsible for the abuse or neglect;
(B) The name, age, sex, and condition of the abused or neglected child and all other children in the home;
(C) The conditions in the home at the time of the alleged abuse or neglect;
(D) Whether there is any child in the home whose health, safety, or welfare is at risk; and
(E) Whether any child who is at risk should be removed from the home or can be protected by the provision of resources, such as those listed in §§ 4-1303.03 and 4-1303.03a.
(c)(1) Within 5 business days after the completion of the investigation, the Agency shall complete a final report of its findings.
(2) The Agency shall provide a copy of a report regarding suspected abuse or neglect that addresses possible criminal activity to the Metropolitan Police Department, the Office of the Attorney General, and the United States Attorney for the District of Columbia.
(d) If the Agency determines that a report was made in bad faith, the Agency shall refer the report to the Office of the Attorney General, which shall determine whether prosecution of the person making the report in bad faith is warranted.
(e) Nothing in this section shall be read as abrogating the responsibility of the Metropolitan Police Department for criminal investigations.
§ 4–1301.06a. Exposure of children to drug-related activity.
(a) Upon receipt of a report that a child (1) is born addicted or dependent on a controlled substance or has a significant presence of a controlled substance in his or her system at birth; (2) has a controlled substance in his or her body as a direct and foreseeable consequence of the acts or omissions of the child’s parent, guardian, or custodian; or (3) is regularly exposed to illegal drug-related activity in the home, the Agency shall:
(1) Commence an initial investigation in accordance with §§ 4-1301.04(b) and 4-1301.06;
(2) Determine whether the child should be removed temporarily from the home environment or can be protected in the home environment in accordance with § 4-1301.07(a); and
(3) Commence a social investigation and provide social services in accordance with § 4-1301.09(b), if the initial investigation results in a substantiated report.
(b) A social investigation pursuant to paragraph (a)(3) of this section shall include:
(1) A determination of whether there is reasonable evidence that any member of the child’s home environment uses drugs illegally, is dependent on drugs, or needs drug abuse treatment;
(2) A determination of whether there is reasonable evidence that the child is exposed regularly to drug use in the home environment;
(3) A determination of whether there is reasonable evidence that the distribution or sale of illegal drugs or drug paraphernalia occurs in the child’s home environment; and
(4) A determination of whether there is reasonable evidence that drug-related activity has contributed to or is likely to contribute to violent conduct within the child’s home environment.
(c) The social services required by paragraph (a)(3) of this section shall include:
(1) Provision of drug treatment to any member of the child’s home environment who is determined to be in need of drug treatment according to Chapter 12 of Title 44;
(2) Measures to facilitate action by the child’s family, with the assistance of the Agency and the police, if necessary, to eliminate the child’s exposure to drug use or to the distribution or sale of illegal drugs or drug paraphernalia in the home environment; and
(3) Any other service authorized or required by this subchapter or other applicable laws or rules of the District.
§ 4–1301.06b. Obtaining records.
(a) Notwithstanding any other provision of law, upon the Agency’s request, a person who is required to report suspected incidents of child abuse or neglect under § 4-1321.02 shall immediately provide the Agency copies of all records in the possession of the person or the person’s employees of:
(1) A child who is the subject of an investigation of child abuse or neglect; provided, that the records bear directly on the allegations of abuse or neglect being investigated; and
(2) Any other child residing in the household where the abuse or neglect is alleged to have occurred when the Agency has a reasonable suspicion that the child’s health, safety, or welfare is at risk; provided, that the records bear directly on the basis of the Agency’s suspicion.
(b) The Agency shall request the records as needed for its investigation under this part.
(c) The Agency shall not be charged a fee for the records.
(d) If the Agency determines that the report of abuse or neglect is an unfounded report or an inconclusive report, as defined in § 4-1301.02, the Agency shall immediately destroy all copies of any records it has received under this section.
§ 4–1301.07. Removal of children.
(a) In cases in which a child is alleged to be a neglected, but not an abused, child the Agency shall determine whether the child should be removed from the home or can be protected by the provision of services or resources. If in the opinion of the Agency the available services or resources are insufficient to protect the child and there is insufficient time to petition for removal, the Agency shall request the police to remove the child pursuant to § 16-2309(a)(3) or (a)(4).
(b) In all cases for which the police are responsible for the initial investigation but which do not involve an immediate danger to a child, the police shall seek from the Agency and the Agency shall provide assistance in the determination of whether the child can be protected by the provision of services or resources or whether removal is necessary. Whenever possible the Agency shall dispatch a worker to the scene to provide assistance in this determination.
(c) In all cases for which the police are responsible for the initial investigation and which do involve an immediate danger to a child and require removal pursuant to § 16-2309(a)(3), the police shall immediately notify the Agency of the removal and the latter shall investigate alternative placements for the child.
(d) When, prior to a shelter care hearing, the Agency locates a suitable alternative placement pursuant to subsection (c) of this section, the police may release the child pursuant to § 16-2311(a)(1).
(e) The Director of the Agency or his or her designee shall take custody of a child and remove the child from a hospital pending further custody proceedings if:
(1) The Director of the Agency receives written notification from the chief executive officer of a hospital located in the District of Columbia that a child has resided in the hospital for at least 10 days following the birth of the child, despite a medical determination that the child is ready for discharge; and
(2) The parent, guardian, or custodian of the child, as established by the hospital admission records, has not taken any action nor made any effort to maintain a parental, guardianship, or custodial relationship or contact with the child.
§ 4–1301.08. Photographs and radiological examination.
As part of the investigation required by this part, any person responsible for the investigation may take, or have taken, photographs of each area of possible trauma on the child or photographs of the conditions surrounding the suspected abuse or neglect of the child, and if medically indicated, have radiological examinations, including full skeletal x-rays, performed on the child.
§ 4–1301.09. Social investigation; services; report.
(a) If the initial investigation results in a substantiated report, the information from the initial investigation shall be immediately referred to the police or the Agency, as appropriate. A social investigation shall be commenced immediately by the Agency in all cases of an allegedly abused child which are referred for petition to the Family Agency of the Superior Court of the District of Columbia and by the Agency in all other cases, except that cases which are or were recently active with the Agency may be investigated by the Agency. The purpose of the social investigation shall be to determine what services are required by the family to remedy the conditions of abuse or neglect.
(b) If there is a substantiated report, the agency responsible for the social investigation shall, as soon as possible, prepare a plan for each child and family for whom services are required on more than an emergency basis and shall forthwith take such steps to ensure the protection of the child and the preservation, rehabilitation and, when safe and appropriate, reunification of the family as may be necessary to achieve the purposes of this subchapter. Such steps may include, but need not be limited to: (1) arranging for necessary protective, rehabilitative and financial services to be provided to the child and the child’s family in a manner which maintains the child in his or her home; (2) referring the child and the child’s family for placement in a family shelter or other appropriate facility; (3) securing services aimed at reuniting (with his or her family) a child taken into custody, including but not limited to parenting classes and family counseling; (4) providing or making specific arrangements for the case management of each case when child protective services are required; and (5) referring the family to drug treatment services in the event of neglect or abuse that results from drug-related activity. To the maximum extent possible, the resources of the community (public and private) shall be utilized for the provision of services and case management.
(c) A report of the social investigation required under subsection (a) of this section and the plan required under subsection (b) of this section shall be submitted to all counsel at least 5 days prior to the date of the fact-finding hearing in cases in which a petition was filed pursuant to § 16-2305; provided, that nothing added to the report or the plan subsequent to either an initial appearance or shelter care hearing shall be considered by the court prior to the completion of the fact-finding hearing unless the parent, guardian, or custodian alleged to be responsible for the neglect consents to such consideration.
(d) As part of its activities under this section, the agency responsible for the social investigation shall assure:
(1) That each child has a case plan designed to achieve the child’s placement in a safe setting that is the least restrictive and most appropriate setting available, and is consistent with the best interests and special needs of the child; and
(2) If the child is placed outside of the home pursuant to § 16-2320(a)(3), that the child’s status is reviewed periodically during an administrative review.
(e)(1) The periodic review required by subsection (d)(2) of this section shall determine the safety of the child, the continuing necessity for and appropriateness of the placement, the extent of compliance with the case plan, and the extent of progress which has been made toward alleviating or mitigating the causes necessitating placement outside the home, and to project a date, not exceeding 14 months from the date of removal from the home, by which the child may be returned to and safely maintained in the home or placed for adoption or other permanent placement.
(2) The child and the following individuals, if there are any for the child, and their attorneys, shall be provided notice of, and an opportunity to be heard during, the administrative review required by subsection (d)(2) of this section:
(A) The child’s parents;
(B) The child’s guardian or legal custodian;
(C) The child’s current foster parent;
(D) The child’s current preadoptive parent;
(E) The child’s current kinship caregiver;
(F) The child’s attorney;
(G) The child’s guardian ad litem;
(H) The child’s therapist; and
(I) A relative or other individual with whom the child is currently placed pursuant to § 16-2320(a)(3)(C).
§ 4–1301.09a. Reasonable efforts.
(a) In determining and making reasonable efforts under this section, the child’s safety and health shall be the paramount concern.
(b)(1) Except as provided in subsection (c) of this section, reasonable efforts shall be made to preserve and reunify the family by the Agency.
(2) These reasonable efforts shall be made prior to the removal of a child from the home in order to prevent or eliminate the need for removing the child, unless the provision of services would put the child in danger.
(3) Reasonable efforts shall be made to make it possible for the child to return safely to the child’s home.
(c) If reasonable efforts as required by subsection (b) of this section are determined to be inconsistent with the child’s permanency plan, the Agency shall make reasonable efforts to place the child in accordance with the child’s permanency plan and to complete whatever steps are necessary to finalize the child’s permanent placement.
(d) The Agency shall not be required to make reasonable efforts to preserve and reunite the family with respect to a parent if:
(1) A court of competent jurisdiction has determined that the parent:
(A) Subjected the child who is the subject of a petition before the Family Court of the Superior Court of the District of Columbia (“Family Court”), a sibling of the child, or another child to cruelty, abandonment, torture, chronic abuse, or sexual abuse;
(B) Committed the murder or voluntary manslaughter of a sibling of the child who is the subject of a petition before the Family Court or another child, or of any other member of the household of the parent;
(C) Aided, abetted, attempted, conspired, or solicited to commit the murder or voluntary manslaughter of the child who is the subject of a petition before the Family Court, a sibling of the child, or another child, or of any other member of the household of the parent; or
(D) Committed an assault that constitutes a felony against the child who is the subject of a petition before the Family Court, a sibling of the child, or another child;
(2) The parent’s parental rights have been terminated involuntarily with respect to a sibling; or
(3) A court of competent jurisdiction has determined that the parent is required to register with a sex offender registry under section 113(a) of the Adam Walsh Child Protection and Safety Act of 2006, approved July 27, 2006 (120 Stat. 593; 42 U.S.C. § 16913(a)).
(e) If reasonable efforts are not made pursuant to subsection (d) of this section:
(1) A permanency hearing conducted pursuant to § 16-2323 shall be held for the child within 30 days after the determination that reasonable efforts are not required; and
(2) Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child.
(f) Reasonable efforts to place a child for adoption, with an approved kinship caregiver, with a legal custodian or guardian, or in another permanent placement may be made concurrently with the reasonable efforts required by subsection (b) of this section.
Part A-i. Multidisciplinary Investigation Team; Confidentiality.
§ 4–1301.51. Mandatory investigation of child abuse and neglect cases by multidisciplinary team.
(a) Every instance of sexual abuse of a child shall be reviewed and investigated by a multidisciplinary investigation team (“MDT”), which shall focus, first, on the needs of the child, and, second, on the law enforcement, prosecution, and related civil proceedings. The MDT may handle other instances of child abuse and neglect as identified in the protocol provided in subsection (b) of this section.
(1) A MDT shall consist of one or more representatives of the:
(A) Metropolitan Police Department;
(B) Child and Family Services Agency; and
(C) Office of the Corporation Counsel.
(2) The Office of the United States Attorney and the Children’s Advocacy Center shall be requested to designate one or more representatives to serve on a MDT, and those designated representatives shall be included on the MDT.
(3) A MDT may also include:
(A) A representative of the District of Columbia Public Schools;
(B) Licensed mental health practitioners;
(C) Medical personnel;
(D) Child development specialists;
(E) Victim counselors; and
(F) Experts in the assessment and treatment of substance abuse.
(b) The MDT shall adopt a written child abuse protocol to ensure coordination and cooperation among all agencies investigating and prosecuting cases arising from alleged child abuse or neglect to increase the efficiency and effectiveness of the agencies handling the cases and to facilitate the provision of services to children and families. The protocol shall:
(1) Define additional categories of abuse and neglect cases, in addition to sexual abuse, which will be handled by the MDT;
(2) Outline in detail the procedures to be used in investigating and prosecuting cases arising from alleged child abuse or neglect; and
(3) Outline in detail the methods to be used in coordinating treatment programs and other services to the child, the family, and the perpetrator.
(c) Repealed.
§ 4–1301.52. Confidentiality of information and records of the Children’s Advocacy Center.
(a)(1) Except as permitted by paragraph (2) of this subsection, all information and records in the possession of Safe Shores, the District of Columbia’s Children’s Advocacy Center, relating to victims or witnesses of alleged child abuse, neglect, or any alleged crime committed against a child shall not be subject to subpoena, discovery, inspection, or disclosure in any court proceeding.
(2) A party may obtain information and records in the possession of the CAC that are covered by paragraph (1) of this subsection, and use such materials in a court proceeding, only upon making a particularized showing that:
(A) The outcome of the proceeding probably would be different if the requested information and records were not disclosed;
(B) The CAC is the only source of the requested information and records;
(C) The requested information and records would be subject to disclosure in the proceeding if they were in the possession of the government; and
(D) Disclosure of the requested information and records would not violate any other applicable law, rule, or regulation.
(3)(A) No subpoenas shall be served upon the CAC. The particularized showing required by paragraph (2) of this subsection may be made only by formal, written motion submitted to the court, supported by an affidavit based upon personal knowledge, demonstrating strong prima facie evidence that the moving party has satisfied the requirements of paragraph (2) of this subsection.
(B) If, after conducting an initial review of the motion and the supporting evidence, the court determines that the requisite prima facie showing has not been made, the court shall deny the motion.
(C) If the court determines that the requisite prima facie showing has been made, the court shall notify the CAC of the preliminary ruling and afford the CAC an opportunity to oppose the motion within 10 days after the CAC’s receipt of the notice, or, for good cause shown, a longer period of time to be determined by the court.
(4) If a party seeking access to information and records protected by paragraph (1) of this subsection prevails on its motion, the CAC shall submit the requested information and records to the court for an in camera review. The court shall permit disclosure only with respect to factual information for which the moving party has requested access and made a particularized showing of need pursuant to paragraph (2) of this subsection. All other information shall be redacted or otherwise protected from disclosure. Under no circumstances shall mental impressions, conclusions, opinions, or theories contained in protected CAC records be subject to disclosure.
(5) The limitations imposed by this subsection do not apply to disclosures of protected CAC information and records to representatives of a multidisciplinary investigation team established under § 4-1301.51, or their respective agents, for use in the performance of their official duties.
(b) For the purposes of this section, the CAC is not an “agency,” as that term is defined in § 2-539, and its records are not subject to the disclosure requirements of § 2-532.
Part B. Child Protection Register.
§ 4–1302.01. Duties and responsibilities.
(a) There is hereby established a Child Protection Register to be maintained by the Agency.
(b) The purposes of the Register are to:
(1) Maintain, in print or in a database, a confidential index of cases of abused and neglected children;
(2) Assist in the identification and treatment of abused and neglected children and their families; and
(3) Serve as a resource for the evaluation, management, and planning of programs and services for abused and neglected children.
(c) The staff of the Agency assigned to maintain the Child Protection Register shall maintain 24-hour, 7 day-a-week telephone lines which may be combined with the 24-hour intake components described part C of this subchapter.
(d) Said staff shall:
(1) Receive reports and information necessary for the operation of the Child Protection Register and make appropriate entries in such Register as required by § 4-1302.02(a); and
(2) Release information contained in the Child Protection Register in a manner consistent with this subchapter.
(e) The Mayor shall submit a report to the Council on the Agency’s plan for implementation of the provisions of this part, as amended by D.C. Law 14-206, no later than January 31, 2003.
§ 4–1302.02. Information to be retained.
(a) There shall be retained in the Child Protection Register the following information concerning each substantiated and inconclusive report:
(1) The recipient of the report, the date and the time of the receipt of the report;
(2) The information required in the report pursuant to § 4-1321.03;
(3) The census tract and ward in which the child lives and other demographic information concerning the incident referred to in the report;
(4) The agencies to which the report was referred and the date and the time of the referral;
(5) The agency or agencies making the initial investigation, the summary of the results of the initial investigation and the dates and the times the investigations were begun and terminated;
(6) The agency or agencies making the social investigation, the summary of the results of the social investigation, the dates and the times said investigation was begun and terminated, the services offered and when they were offered;
(7) The agency or agencies to which the referrals were made and the services requested, with the dates of the opening and the closing of the case;
(8) The placements of the child and the dates of each placement;
(9) Court actions concerning the child and the dates thereof; and
(10) The date the case was closed.
(b) There may be retained in the Child Protection Register other information required for research, planning, evaluation and management purposes pursuant to rules adopted according to § 2-501 et seq.
(c) Repealed.
(d) The staff which maintains the Child Protection Register shall review all open cases every 6 months to assure that information in said Register is current and shall request updated information from the appropriate agencies as indicated.
(e) The public agencies responsible for receiving reports, making investigations and providing or securing case management shall be responsible for supplying the information required under this section to the Child Protection Register on a timely basis.
§ 4–1302.03. Access to Register; release of information generally.
(a) The staff which maintains the Child Protection Register shall grant access to information contained in said Register only to the following persons:
(1) Officers of the police for the purpose of an investigation of a report;
(2) The Corporation Counsel of the District of Columbia or his or her agent for the purpose of fulfilling his or her official duties concerning investigating and prosecuting cases of an allegedly abused or neglected child;
(2A) The United States Attorney for the District of Columbia, or his or her agent, for the purpose of fulfilling his or her official duties concerning investigating and prosecuting cases involving an allegedly abused or neglected child.
(3) The personnel of the Agency and the Social Services Agency of the Superior Court of the District of Columbia for the purpose of investigating a report or providing services to a family or child who is the subject of a report;
(4) The guardian ad litem of a child who is the subject of a report;
(5) Each person identified in a report as a person responsible for the neglect of the child or that person’s attorney;
(6) The parent, guardian, custodian, or attorney of the child who is the subject of the report;
(7) A child-placing agency licensed in the District of Columbia or the Agency’s staff who makes child placements for the purpose of checking a proposed foster care or adoptive placement for a report of abuse or neglect, upon submission of a signed consent for release of information pursuant to § 4-1407.01;
(8) The Child Fatality Review Committee, for the purpose of examining past events and circumstances surrounding child deaths in the District of Columbia and deaths of children who were either residents or wards of the District of Columbia, in an effort to reduce the number of preventable child deaths, especially those deaths attributable to child abuse and neglect and other forms of maltreatment. The Child Fatality Review Committee shall be granted, upon request, access to information contained in the files maintained on any deceased child or on the parent, guardian, custodian, kinship caregiver, day-to-day caregiver, relative/godparent caregiver, or sibling of a deceased child;
(9) Any member of a multidisciplinary investigation team (“MDT”) established pursuant to Part A-i of this subchapter for purposes of an investigation or review conducted by the MDT;
(10) The Violence Fatality Review Committee, for the purpose of examining past events and circumstances surrounding homicides and suicides, as that term is defined in § 5-1431.01(e). The Violence Fatality Review Committee shall be granted, upon request, access to information contained in the files maintained on any deceased child or on the parent, guardian, custodian, kinship caregiver, day-to-day caregiver, relative/godparent, caregiver, or sibling of a deceased child; and
(11) The Office of the Ombudsperson for Children, established by Chapter 6C of this title, for the purpose of fulfilling the Ombudsperson's duties.
(a-1)(1) Except as provided in paragraph (3) of this subsection, the staff which maintains the Child Protection Register shall grant access to substantiated reports to the Office of the State Superintendent of Education for the purpose of conducting background checks of employees of licensed child development facilities pursuant to section 658H of the Child Care and Development Block Grant Act of 1990, approved November 19, 2014 (128 Stat. 1971; 42 USC § 9858f), and to the chief executive officers or directors of child development facilities, schools, or any public or private organizations working directly with children, for the purpose of making employment decisions regarding employees, contractors, and volunteers or prospective employees, contractors, and volunteers, if:
(A) The request is made in writing and clearly articulates the basis for the request; and
(B) The request is accompanied by:
(i) A consent for release of information from the Child Protection Register signed by the employee, contractor, or volunteer or prospective employee, contractor, or volunteer; and
(ii) Government issued photo identification that allows the staff who maintain the Child Protection Register to verify the identity of the employee, contractor, or volunteer or prospective employee, contractor, or volunteer.
(2) Information provided pursuant to this subsection shall be limited to information pertaining to the nature and disposition of the report of abuse or neglect and shall not include any identifying information regarding any person other than the employee, contractor, or volunteer, or prospective employee, contractor, or volunteer.
(3) The Agency shall not release any information pursuant to this subsection pertaining to a substantiated report that was received prior to October 19, 2002.
(b) The investigators of a report may divulge the information obtained from the Child Protection Register to medical professionals for the purpose of obtaining a diagnosis of the child who is the subject of the report.
(c) Each person seeking access to the Child Protection Register shall show identification satisfactory to the staff which maintains said Register before access is allowed.
(d) The staff which maintains the Child Protection Register shall not release to those persons identified in paragraphs (5), (6), and (7) of subsection (a) of this section any information that identifies the source of a report or the witnesses to the incident referred to in a report unless said staff first obtains permission from the source of the report or from the witnesses named in the report.
(e) The staff which maintains the Child Protection Register shall release only that information which is necessary for the purpose of the request and which does not violate the confidentiality of the persons identified in the report, except as is necessary to meet the requirements of subsection (a) of this section.
(f) The staff which maintains the Child Protection Register shall not release the information contained in said Register to another jurisdiction unless:
(1) That jurisdiction has comparable safeguards for ensuring the confidentiality of information regarding persons identified in the report and for withholding the identity of the source of the report; or
(2) The staff obtains permission for the release of the information from each person identified in the report and from the source of the report.
(g) The staff which maintains the Child Protection Register shall maintain a record of each release of information, which record shall contain the following information:
(1) The date of the release of the information;
(2) To whom the information was released and the address of that person or institution; and
(3) The purpose for which the information was released.
(h) The information in the Child Protection Register shall be released orally only to the Metropolitan Police Department, to the Office of the Attorney General, and to personnel of the Agency and of the Social Services Agency of the Superior Court of the District of Columbia when they are investigating a report. Any release of information to other persons listed in subsection (a) of this section or pursuant to § 4-1302.04 shall be preceded by a written request from the person requesting the information.
§ 4–1302.04. Release of information for research and evaluation.
The staff which maintains the Child Protection Register may release information from said Register for research and evaluation only upon an order of the Superior Court of the District of Columbia; provided, however, that no information identifying the persons named in a report shall be made available to the researcher or evaluator.
§ 4–1302.05. Notification of persons identified in a report.
(a) The staff which maintains the Child Protection Register shall, within 7 days from the date that a report is entered in said Register, give notice to each person identified in the report of the fact that the report identifies him or her as responsible for the alleged abuse or neglect of the child who is the subject of the report.
(b) This notice shall include the following information:
(1) The date that the report identifying the person was entered in the Child Protection Register;
(2) The right of the person to review the entire report, except information which identifies other persons mentioned in the report;
(3) The administrative procedures through which the person may seek to correct information which he or she alleges is incorrect or to establish that the report is unfounded; and
(4) A statement, in all capital letters, that states: "THIS IS A VERY SERIOUS MATTER"; and
(5) A statement that the person may be prevented from working in an organization serving children or in a public or private school if the person's name remains in the Child Protection Register.
§ 4–1302.06. Challenges to information in Register.
The Mayor shall establish, by rules adopted pursuant to § 2-501 et seq., procedures to permit a person identified in the Child Protection Register to challenge information which he or she alleges is incorrect or establish that a report is unfounded.
§ 4–1302.07. Expungement.
(a) The staff who maintain the Child Protection Register shall expunge an inconclusive report from the Child Protection Register one year after the date the report was entered in the Child Protection Register if no subsequent substantiated or inconclusive reports involving the person identified as responsible or possibly responsible for the abuse or neglect was entered in the Child Protection Register during the preceding one-year period.
(b) The staff that maintain the Child Protection Register shall expunge a substantiated report from the Child Protection Register:
(1) Three years after the date that the report was entered in the Child Protection Register if the child was not removed pursuant to § 4-1303.04 and no subsequent substantiated or inconclusive report involving the person identified as responsible for the abuse or neglect was entered in the Child Protection Register during the preceding 3-year period; or
(2) Three years from the date that the child, if removed pursuant to § 4-1303.04 and a court made a finding that the child was abused or neglected, was reunified with the person identified as responsible for the abuse or neglect, or 5 years from the date that the substantiated report was entered in the Child Protection Register, whichever occurs first; provided, that no subsequent substantiated or inconclusive report involving the person identified as responsible for the abuse or neglect was entered in the Child Protection Register.
(c) If, during the time a prior substantiated or inconclusive report is on the Child Protection Register, a subsequent substantiated or inconclusive report is entered in the Child Protection Register that identifies the same individual as responsible or possibly responsible for the abuse or neglect, the prior report shall not be expunged until the subsequent report is expunged from the Child Protection Register.
(d) The staff who maintain the Child Protection Register shall expunge from the Child Protection Register:
(1) Any unfounded report immediately upon such classification by the Agency; and
(2) Any material successfully challenged as incorrect pursuant to the rules adopted under § 4-1302.06.
(e) Notwithstanding any other provision of this section or other District law, substantiated reports involving a child fatality, sexual abuse, sex trafficking, or serious physical injury shall not be expunged from the Child Protection Register.
(f) For purposes of this section, a serious physical injury includes:
(1) Broken bones or fractures;
(2) Medical abuse;
(3) Adult-sized human bites;
(4) Cases involving children who have been tortured, tied, or confined;
(5) Suspicious burns or head injuries, or significant injuries with an implausible explanation;
(6) A physical injury that:
(A) Creates a substantial risk of death;
(B) Causes serious and protracted impairment of health or protracted loss or impairment of the function of a bodily organ;
(C) Involves hospitalization; or
(D) Requires surgical procedures.".
(g) The Mayor or the Mayor's designee shall have the right to overrule any expungement provided by this section on a case-by-case basis.
§ 4–1302.08. Penalty for unauthorized release of information.
Any staff member of the Child Protection Register who willfully releases information obtained from the Register in violation of this subchapter shall be fined not more than $1,000.
§ 4–1302.09. Prosecution.
All violations of this subchapter shall be prosecuted by the Corporation Counsel of the District of Columbia or his or her designee in the name of the District of Columbia.
Part C. Child and Family Services Agency.
§ 4–1303.01. Establishment and purposes.
Repealed.
§ 4–1303.01a. Establishment and purposes of Child and Family Services Agency.
(a) There is established as a separate Cabinet-level agency, subordinate to the Mayor, the Child and Family Services Agency.
(b) The Agency shall have as its functions and purposes:
(1) Providing services that prevent family dissolution or breakdown, to avoid the need for protective services or out-of-home placements;
(2) Encouraging the reporting of child abuse and neglect;
(3) Receiving and responding to reports of child abuse and neglect;
(3A) Assessing child and family strengths and needs in response to reports of abuse and neglect;
(4) Removing children from their homes or other places, when necessary;
(5) Conducting a social service investigation of child abuse and neglect cases, immediately notifying the Metropolitan Police Department when the commission of a crime is suspected or when any person has been physically injured or placed at risk for physical injury, and cooperating with the criminal investigation;
(6) Safeguarding the rights and protecting the welfare of children whose parents, guardians, or custodians are unable to do so;
(7) Offering appropriate, adequate, and, when needed, highly specialized, diagnostic and treatment services and resources to children and families when there has been a supported finding of abuse or neglect;
(8) Ensuring the protection of children who have been abused or neglected from further experiences and conditions detrimental to their healthy growth and development;
(9) Providing parenting classes or family counseling and other services on behalf of the child designed to help parents recognize and remedy the conditions harmful to the child and to fulfill their parental roles more adequately;
(10) Obtaining substitute care for a child whose parents are unable, even with available help, to meet the child’s minimum needs and, where appropriate, providing services to the family of such a child that are aimed at safely reuniting the family as quickly as possible; and
(11) Ensuring the timely permanent placement of the child consistent with the concurrent or alternative plan where reunification is not possible.
(c) Repealed.
§ 4–1303.02. Organization.
Repealed.
§ 4–1303.02a. Organization and authority of Child and Family Services Agency.
(a) The Agency shall be administered by a full-time Director appointed by the Mayor and confirmed by the Council. The Director shall be qualified by experience and training to carry out the purposes of this subchapter.
(b) The Director shall report directly to the Mayor.
(c) The Director shall be responsible for all child and family services provided by the Agency, and for monitoring child and family services provided by contract or compact with the Agency.
(d) The Agency shall have sufficient staff, supervisory personnel, and resources to accomplish the purposes of this subchapter, including the capacity to provide emergency and continuing service resources to the children and families covered by this subchapter.
(e) Staff qualifications, caseload levels, and supervision requirements of the Agency in the public and private delivery of services shall be guided by nationally accepted standards of best practice, such as those developed by the Child Welfare League of America, and shall be published in the District of Columbia Register for public comment.
(f) The Agency shall be the successor in interest to the Child and Family Services Agency under receivership in the case of LaShawn A., et al. v. Anthony Williams, et al., C. A. No. 89-1754 (TFH), in the United States District Court for the District of Columbia. All real and personal property, Career Service and Management Supervisory Service positions, assets, records, and obligations, and all unexpended balances of appropriations, allocations, and other funds available or to be made available relating to the powers, duties, functions, operations, and administration of the Child and Family Services Agency under receivership in LaShawn A., et al. v. Anthony Williams, et al., shall become the property of the Agency on the date of termination of the receivership. The provisions of this subchapter are intended to be consistent with all outstanding orders of the United States District Court in the LaShawn A, et al. v. Anthony Williams, et al., case.
(g) All real and personal property, positions, assets, records, and obligations, and all unexpended balances of appropriations, allocations, and other funds available or to be made available relating to the powers, duties, functions, and operations of the Department of Human Services as the “appropriate authority,” under § 4-1421 for children who have been abused or neglected, shall become the property of the Agency by October 1, 2001.
(h) All real and personal property, positions, assets, records, and obligations, and all unexpended balances of appropriations, allocations, and other funds available or to be made available relating to the powers, duties, functions, and operations of the Department of Health in regulating child placement agencies and foster and group homes for children who have been abused or neglected shall be transferred to the Agency by October 1, 2001.
(i) All records and agreed-upon positions, obligations, and unexpended balances of appropriations, allocations, and other funds available or to be made available relating to the powers, duties, functions and operations of the Social Services Division of the Superior Court of the District of Columbia concerning children who have been abused or neglected shall, subject to any approvals required of the United States Congress, be transferred to the Agency in accordance with the terms and conditions provided in any memorandum of understanding between the Mayor and the Chief Judge of the Superior Court of the District of Columbia. This transfer shall be completed on or before October 1, 2001, if possible.
(j) Expired.
§ 4–1303.03. Duties and powers of the Director.
(a) The Director of the Agency shall have the following duties and powers, any of which may be contracted for, as appropriate, with private or other public agencies:
(1) Receive and investigate reports of abuse or neglect as provided in subchapter II of this chapter, § 4-1301.04 and § 4-1301.06 and assist in the determination of the need for the removal of an abused or neglected child as provided in § 4-1301.07;
(2) Within 90 days of taking a child into custody pursuant to § 4-1303.04(c)(1), return the child to the home or to request that the Office of the Attorney General file a neglect petition in the Family Division of the Superior Court of the District of Columbia;
(3) To maintain a program of treatment and services for families of neglected and abused children including services designed to help children, where safe and appropriate, return to families from which they have been removed;
(4)(A) To prepare annually a plan for child protective services, which shall be reviewed and commented on by the Mayor’s Committee on Child Abuse and Neglect, and which shall:
(i) Describe the Agency’s implementation of the Adoption and Safe Families Amendment Act of 2000, effective June 27, 2000 (D.C. Law 13-136; 47 DCR 2850), including its organization, staffing, method of operations and financing, and programs and procedures for the receipt, investigation and verification of reports;
(ii) Describe the provisions for the determination of protective services and the treatment of ameliorative service needs, and the provision of such services;
(iii) State the guidelines for referrals to the Family Division of the Superior Court of the District of Columbia; and
(iv) State the provisions for monitoring, evaluation, and planning.
(B) The first plan shall be made available to the public within 90 days of June 27, 2000;
(5) To encourage and assist in the formation of child abuse and neglect teams in hospitals, health and mental health clinics, and other appropriate facilities in the District of Columbia; and
(6) To take whatever additional actions are necessary to accomplish the purposes of the Adoption and Safe Families Amendment Act of 2000, effective June 27, 2000 (D.C. Law 13-136; 47 DCR 2850).
(7) To provide services to families and children who are eligible for such services, consistent with the requirements of this subchapter, through programs of services to families with children, child protective services, foster care, and adoption;
(8) To maintain a 24-hour, 7-days-a-week intake component to receive reports of suspected child abuse or neglect. The intake component shall be staffed at all times by workers specially trained in intake and crisis intervention and shall maintain:
(A) The capacity for receiving reports and for responding promptly with investigation and emergency services;
(B) A widely publicized telephone number for receiving reports at all times; and
(C) Sufficient telephone lines and qualified staff so that all calls will be answered immediately by a trained worker;
(9) To receive reports of suspected child abuse and neglect;
(10) To conduct a social service investigation of alleged child abuse and neglect cases, including joint investigation with the Metropolitan Police Department;
(11) To provide and maintain, for families of children who have been abused or neglected, a program of treatment and services designed to promote the safety of children, reunification of families, and timely permanent placements;
(12) Repealed.
(13) To provide protective service clients appropriate services necessary for the preservation of families, or to contract with private or other public agencies for the purpose of carrying out this duty. These services may include:
(A) Emergency financial aid;
(B) Emergency caretakers;
(C) Homemakers;
(D) Family shelters;
(E) Emergency foster homes;
(F) Facilities providing medical, psychiatric, and other therapeutic services;
(G) Day care;
(H) Parent aides;
(I) Lay therapists; and
(J) Respite care;
(14) To offer rehabilitative services to the child’s family in an effort to reunify the family when a child has been adjudicated a neglected child and placed in foster care;
(15) To immediately, upon court direction, implement the concurrent or alternative plan for the permanent placement of a child when time-limited family reunification services, as defined in § 4-1301.02(19), have failed to reunite a child in foster care with his or her family or when § 16-2354 applies;
(16)(A) To request from a consumer reporting agency that compiles and maintain files on consumers on a nationwide basis and is nationally ranked among the top 3 such agencies, the disclosure of file information pursuant to section 609 of the federal Fair Credit Reporting Act, approved October 26, 1970 (84 Stat. 1131; 15 U.S.C. § 1681g), on behalf of a ward of the Agency under the age of 18 years to determine whether identify theft has occurred, when:
(i) An adoption petition has been filed in the Superior Court of the District of Columbia;
(ii) A motion for guardianship has been filed in the Superior Court of the District of Columbia;
(iii) The Agency anticipates that the jurisdiction of the Family Court of the Superior Court of the District of Columbia will be terminated; or
(iv) The ward reaches 14 years of age and on an annual basis thereafter.
(B) The Agency shall provide the disclosed file information to the ward’s guardian ad litem within 30 days of obtaining the results.
(C) For a ward over the age of 18 years, the Agency shall assist the ward if the ward wants to obtain disclosure of file information prior to the termination of the jurisdiction of the Family Court of the Superior Court of the District of Columbia.
(D) If the Agency determines that disclosed file information indicates that identity theft may have occurred, the Agency shall refer the ward to an approved organization that provides credit counseling to victims of identity theft; provided, that the Agency shall not be responsible for providing assistance beyond a referral.
(E) Within 120 days of May 27, 2010, 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 paragraph. The proposed rules shall be submitted to the Council for a 30-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within the 30-day review period, the proposed rules shall be deemed approved;
(17) To establish and maintain the Voluntary Foster Care Registry, established pursuant to § 4-1303.08 as a post-care service, for individuals 18 years or older who were or currently are respondents in a child abuse or neglect case under Chapter 23 of Title 16 and for their immediate birth family members, as defined in § 4-1303.08(g);
(18) To offer employment counseling to foster children, as defined by § 4-342(3), who are ages 18 through 21 years old; and
(19)(A) When requested by a foster child or former foster child who is 18 years of age or older, to provide a letter verifying the person’s status as a foster child or former foster child pursuant to § 1-608.01(e-1); and
(B) To record and track the number of foster children or former foster children who request a letter from the Child and Family Services Agency verifying their status pursuant to subparagraph (A) of this paragraph.
(a-1) The Director of the Agency shall have the following additional duties and powers:
(1) To take into custody and place in shelter care, in accordance with subchapter I of Chapter 23 of Title 16, children who have been abused or neglected;
(2) To develop and test innovative models of practice consistent with the purposes of this subchapter;
(3) To develop programs that deliver a broad range of child and family services, including programs that involve the participation of community and neighborhood-based groups in prevention and intervention services;
(3A)(A) To issue grants to community and neighborhood-based groups for programs that deliver prevention and intervention services; provided, that the Director submits an annual report to the Council that includes the recipient, amount, purpose, and term of each grant issued, and a description of outcomes to be achieved and an evaluation of whether or not those outcomes have been achieved for each grant issued.
(B) A grant in excess of $1 million shall be submitted to the Council for approval in accordance with § 1-204.51.
(4) To facilitate:
(A) Permanent placement of a child, including reunification with original caretakers where such placement is consistent with the child’s safety;
(B) Permanent placement with relatives; and
(C) Adoptive placement, as appropriate;
(5) To facilitate meetings for a child in foster care with parents, siblings, including individuals who would have been considered siblings of the child but for the termination of parental rights or death of a parent, relatives, and extended family members;
(6) To provide other programs and services that are consistent with the purposes of this subchapter;
(7) To monitor and evaluate services to and needs of abused and neglected children and their families;
(8) To be the personnel authority for all employees of the Agency, including the exercise of full authority to hire, retain, and terminate personnel, consistent with Chapter 6 of Title 1;
(9) By delegation from the Mayor, and independent of the Office of Contracting and Procurement, to exercise procurement authority to carry out the purposes of the Agency, including contracting and contract oversight, consistent with Chapter 3A of Title 2 [§ 2-351.01 et seq.]; except, that § 2-352.01(a) shall not apply;
(10) Starting not later than October 1, 2001, and notwithstanding the licensing powers and responsibilities given to other District agencies and officials in subchapters I-A and I-B of Chapter 28 of Title 47, to be the exclusive agency to regulate foster and group homes for children who have been abused or neglected and to regulate child placement agencies for these children. For the purposes of this paragraph, the term “regulate” means all licensing, and related functions, except fire inspections and the issuance of certificates of occupancy and all inspections relating to those certificates;
(11) Starting not later than October 1, 2001, to be the “appropriate authority,” under § 4-1421 for children who have been abused or neglected;
(12) To adopt regulations to carry out the purposes of this subchapter, in accordance with Chapter 5 of Title 2; and
(13) To take whatever additional actions are necessary to accomplish the purposes of this subchapter.
(b) The Agency, or the person or agency the Agency contracts with, shall:
(1) When a child is at risk of being removed from his or her home because of child abuse or neglect, provide family preservation services designed to help the child remain safely with his or her family;
(2) When a child has been adjudicated a neglected child and committed to the Agency, offer rehabilitative services to the child’s family including time-limited family reunification services designed to help the child, where safe and appropriate, return to the family from which he or she has been removed;
(3) When time-limited family reunification services have failed to reunite a committed child and his or her family, take steps to implement a permanent plan of adoption or an alternative permanent plan for the child;
(4) Establish or attempt to secure priority access for protective service clients, by contract or agreement with private organizations, other public agencies, or other Agency units, to services necessary for the preservation or reunification of families which may include, but not be limited to:
(A) Emergency financial aid;
(B) Emergency caretakers;
(C) Homemakers;
(D) Family shelters and housing assistance;
(E) Emergency foster homes;
(F) Mental health services, including facilities providing medical, psychiatric, or other therapeutic services;
(G) Day care;
(H) Parent aides and lay therapists;
(I) Domestic violence services;
(J) Respite care; and
(K) Substance abuse assessment and treatment;
(5) Monitor and evaluate the services to, and the needs of, neglected children and their families;
(6) Compile and publish training materials; and
(7) Provide technical assistance on neglect prevention, identification, and treatment;
(8) Develop and implement, as soon as possible, standards that provide for quality services that protect the safety and health of children, for children who are removed from their homes;
(9) Develop and operate programs of family preservation services, family support services, time-limited family reunification services, and adoption promotion and support services;
(9A) Offer meeting facilitation services for extended family members when appropriate to meet permanency and safety goals as established by the Adoption and Safe Families Amendment Act of 2000, effective June 27, 2000 (D.C. Law 13-136; 47 DCR 2850);
(9B) Develop procedures and practices for cooperation and joint activities with the Metropolitan Police Department; and
(10) Prepare and submit to the Mayor, the Council, and the public a report to be submitted no later than February 1 of each year; which shall include:
(A) A description of the specific actions taken to implement the Adoption and Safe Families Amendment Act of 2000, effective June 27, 2000 (D.C. Law 13-136; 47 DCR 2850);
(B) A full statistical analysis of cases including:
(i) The total number of children in care, their ages, legal statuses, and permanency goals;
(ii) The number of children who entered care during the previous year (by month), their ages, legal statuses, and the primary reasons they entered care;
(iii) The number of children who have been in care for 24 months or longer, by their length of stay in care, including:
(I) A breakdown in length of stay by permanency goal;
(II) The number of children who became part of this class during the previous year; and
(III) The ages and legal statuses of these children;
(iv) The number of children who left care during the previous year (by month), the number of children in this class who had been in care for 24 months or longer, the ages and legal statuses of these children, and the reasons for their removal from care; and
(v) The number of children who left care during the previous year, by permanency goal; their length of stay in care, by permanency goal; the number of children whose placements were disrupted during the previous year, by placement type; and the number of children who re-entered care during the previous year;
(C) An analysis of any difficulties encountered in reaching the goal for the number of children in care established by the District;
(D) An evaluation of services offered, including specific descriptions of the family preservation services, community-based family support services, time-limited family reunification services, and adoption promotion and support services including:
(i) The service programs which will be made available under the plan in the succeeding fiscal year;
(ii) The populations which the program will serve; and
(iii) The geographic areas in which the services will be available;
(E) An evaluation of the Agency’s performance;
(F) Recommendations for additional legislation or services needed to fulfill the purpose of the Adoption and Safe Families Amendment Act of 2000, effective June 27, 2000 (D.C. Law 13-136; 47 DCR 2850); and
(G) The comments submitted by a multidisciplinary committee that works to prevent child abuse and neglect and which the Mayor designates to receive and comment on the report.
(11) At all stages of a neglect case, the presumption shall be that a child will attend the same school that he or she would have attended but for the child’s removal from his or her home, unless the Agency determines that it is not in the child’s best interest to do so. The Agency shall determine the child’s best interest in consultation with parents, when feasible, the child, resource providers, guardian ad litems, and other significant persons.
(c) The Director of the Agency shall implement the Protection of Children from Exposure to Drug-related Activity Amendment Act of 1989, effective March 15, 1990 (D.C. Law 8-87; 37 DCR 50). The Chief of the Division and the Director of the Department of Human Services shall provide the services authorized pursuant to this section to a child who is abused as a result of inadequate care, control, or diminished subsistence due to exposure to drug-related activity.
(d) The safety of the children being served shall be the paramount concern of the Agency in administering and conducting its duties and responsibilities under this section.
§ 4–1303.03a. Provision of neighborhood-based services; partnerships with neighborhood groups.
(a) To implement the Director’s authority to deliver child and family services pursuant to § 4-1303.03(a-1)(3), the Agency may financially support, in cooperation with other public and private agencies, a program of neighborhood-based services to families with children to meet permanency and safety goals set forth in the Adoption and Safe Families Amendment Act of 2000, effective June 27, 2000 (D.C. Law 13-136; 47 DCR 2850).
(b) Any program of neighborhood-based services to families with children that the Agency supports shall:
(1) Give communities, through neighborhood-based collaboratives or other organizations, the maximum opportunity to design and deliver, or arrange for the delivery of, child welfare services consistent with:
(A) The health and safety of the child;
(B) The policies and programs of the Agency; and
(C) The implementation plan in the LaShawn v. Williams case while it is in effect; and
(2) Contain measurable performance outcomes by which the programs will be evaluated in conjunction with data provided by the Agency, including:
(A) The numbers of children and families referred for services;
(B) The number of children and families provided services, along with a breakdown of the particular services provided;
(C) Subsequent referrals of children and families served by neighborhood-based programs to the Agency’s child abuse and neglect reporting line; and
(D) Subsequent foster care placements for children served by neighborhood-based programs.
(3) The performance outcomes required by paragraph (2) of this subsection shall be included in the annual report to the Mayor, Council, and public required by § 4-1303.03(b)(10), and shall be incorporated into any contract between the Agency and a neighborhood-based service provider.
(c) For the purposes of this section, the term “services to families with children” means:
(1) Assistance to help a family resolve a crisis that is brought on by catastrophe, crime, death, economic deprivation, desertion, domestic violence, lack of shelter, physical or mental illness, or substance abuse, and threatens the safety and welfare of the child;
(2) Family interventions:
(A) To resolve marital and relationship conflict, family conflict, and parent-child relationship problems; and
(B) To teach parenting, and child care and development skills;
(3) Information and referral services to teach families how to locate and use community services, including health care and legal services; and
(4) Home management services to teach the management of household duties and responsibilities, including budgeting skills.
(d) In implementing partnerships with neighborhood groups, the Agency may:
(1) Report to the Mayor and Council on specific services needed but not available in sufficient number to prevent child endangerment;
(2) To the extent possible:
(A) Coordinate for families with children the delivery of day care, health, education, mental health, employment, housing, domestic violence, and other services provided by public and private agencies;
(B) Deliver services through organizations based in the neighborhoods in which the recipients live;
(C) Consult with families served by the Agency to determine appropriate services; and
(3) Share information regarding its program with the Mayor’s Advisory Committee on Child Abuse and Neglect and the Mayor’s Commission on Violence Against Women.
(e) The Mayor, in consultation with the Agency and in accordance with Chapter 5 of Title 2, may issues rules to implement neighborhood-based programs under this section.
§ 4–1303.03b. Single reporting line.
(a) The Agency shall establish a single reporting line to receive reports of suspected child abuse and neglect.
(b) The single reporting line shall be maintained by the Agency, with the assistance and support of the Metropolitan Police Department, and shall be staffed 24 hours a day, 7 days a week.
(c) Upon receiving reports on the single reporting line, the Agency shall:
(1) Review and screen the reports to collect relevant information from the source of the report; and
(2) Transmit the reports to the entity with responsibility under the laws of the District of Columbia, or the appropriate governmental entity in another jurisdiction, for investigation or provision of services.
(d) The Agency shall provide quarterly summaries to the Mayor and Council regarding the number and types of reports made to the single reporting line.
(e) The Mayor, with the assistance and support of the Agency and the Metropolitan Police Department and in accordance with of Chapter 5 of Title 2, shall issue rules for operating the single reporting line. The rules shall include:
(1) The mechanics and logistics of the single reporting line, including location, staffing, and equipment;
(2) The process for receiving calls, including forms and methods for the recording of information;
(3) The process for the immediate transmittal of calls to the governmental entity responsible for investigation or provision of services;
(4) Procedures for preserving the confidentiality of information and the retention of records; and
(5) Training requirements for persons staffing the single reporting line.
§ 4–1303.03c. Child and Family Services Agency Transportation Fund. [Repealed]
Repealed.
§ 4–1303.03d. Rapid Housing Program assistance.
(a) The Agency shall track and publicly report the number of emancipating youth and families who apply for or are referred for assistance under the Rapid Housing Program, the number of youth and families who are eligible for assistance, and the number of youth and families who receive assistance.
(b) The Agency shall maintain a waiting list of emancipating youth and families who are eligible but cannot receive assistance due to insufficient funds.
§ 4–1303.03e. Behavioral health screening and assessment requirements.
(a)(1) All children in the custody of the Agency shall, to the extent that it is not inconsistent with a court order, receive a behavioral health screening and, if necessary, a behavioral health assessment within 30 days of initial contact with the Agency or a placement disruption. Through rulemaking, the Mayor may reduce the number of days within which a behavioral health screening and behavioral health assessment are required.
(2) As part of the behavioral health screening required by paragraph (1) of this subsection, the Agency shall identify children who are victims of, or who may be at risk for becoming victims of, sex trafficking of children under § 22-1834.
(b) The Agency shall connect all children who are assessed as being in need of behavioral health care to an appropriate behavioral health service.
(c) The Agency shall provide the behavioral health resource guide for parents and legal guardians and the behavioral health resource guide for youth created pursuant to § 7-1131.18 to families of children in Agency custody.
§ 4–1303.03f. Reasonable and prudent parent standard.
(a) Foster parents and group homes for children who have been abused or neglected shall use the reasonable and prudent parent standard when determining whether to allow a ward to participate in extracurricular, enrichment, cultural, and social activities.
(b) The Agency, foster parents, and group homes shall not be held liable for any civil damages resulting from the application of, or the failure to apply, the reasonable and prudent parent standard, except in cases constituting gross negligence.
§ 4–1303.03g. Housing for youth aging out of Agency custody.
(a)(1) At least 90 days before a youth leaves foster care in accordance with a transition plan described in section 475(5)(H) of the Social Security Act, approved June 17, 1980 (94 Stat. 510; 42 U.S.C. § 675(5)(H)) ("aging-out youth"), the Agency shall develop, in consultation with the aging-out youth and the youth's guardian ad litem, and provide to the aging-out youth and their guardian ad litem, a written housing plan.
(2) If the housing plan does not contemplate the aging-out youth receiving a housing voucher, the plan shall include a thorough explanation of why the aging-out youth is not:
(A) At risk of homelessness as that term is defined under § 4-751.01(5B);
(B) Prepared for independent living; or
(C) Otherwise in need of a primary residence for independent living.
(3) The housing plan shall include a description of housing options being pursued for the aging-out youth, including an explanation as to why each option is in the aging-out youth's best interest.
(b) The Agency shall collaborate with the District of Columbia Housing Authority ("DCHA") to secure for an aging-out youth who is leaving foster care within 90 days or who has left foster care within the past 5 years who is at risk of homelessness and who requires assistance securing a primary residence for independent living other than a college dormitory or military housing a Family Unification Program Housing Choice Voucher.
(c) The Agency and DCHA shall take any action required by the United Sates Department of Housing and Urban Development to administer the Foster Youth to Independence ("FYI") Initiative, which may include the Agency:
(1) Providing or securing supportive services for participating youth for the duration of the FYI Initiative voucher;
(2) Providing a written certification to DCHA verifying the youth's child welfare history; and
(3) Identifying youth eligible for an FYI Initiative voucher within the Agency's caseload and communicating their eligibility to the youth.
(d) Beginning on February 28 of the year after March 10, 2023, and no later than February 28 of each year thereafter, the Mayor shall submit a report to the Council on the Agency's efforts to ensure that no aging-out youth becomes homeless, including information on:
(1) The number of aging-out youths who left foster care in the preceding fiscal year;
(2) The number and percentage of aging-out youths who left foster care in the preceding fiscal year who were homeless, as that term is defined under § 4-751.01(18), upon leaving care;
(3) The number and percentage of aging-out youths who left foster care in the preceding 5 fiscal years who were homeless, as that term is defined under § 4-751.01(18), at 6 months after leaving foster care and upon the youth's 26th birthday;
(4) Housing options available to aging-out youth and the process for accessing each housing option;
(5) The processes by which the Agency matches aging-out youth with housing resources, including the use of matrices or other tools by any formal or informal governmental body, and a description of the considerations, qualifications, or other relevant factors that the Agency relies on when matching aging-out youth with housing resources; and
(6) Any barriers faced by the Agency in successfully matching aging-out youth with housing resources and the Agency's mitigation of those barriers.
§ 4–1303.04. Services authorized; custodial placement; removal of child.
(a) Repealed.
(b) When an investigation indicates that a child has been left alone or with inadequate supervision, the Agency is authorized to make a temporary custodial placement of the child; provided, that:
(1) Notice is left for the parent or custodian which shall state the procedure for reclaiming the child;
(2) Efforts continue to locate the parent;
(3) The child is returned forthwith upon the request of the parent or custodian, unless there is additional evidence of immediate danger to the child and police action is taken pursuant to § 16-2309(3) or (4); and
(4) A complaint alleging neglect is filed with the Superior Court of the District of Columbia:
(A) At the end of 5 days if the parent or custodian fails to claim the child within that time; or
(B) Immediately upon the discovery of additional evidence of immediate danger to the child.
(c) When an investigation made pursuant to § 4-1301.04 or § 4-1301.05 indicates that a child is an abused or a neglected child and when it has been determined that the child cannot be adequately protected by any of the services set forth in § 4-1303.03(a)(7) or (b) of this section or by any other services, the Director of the Agency is authorized to:
(1) Remove the child with the consent of the parent, guardian, or other person acting in loco parentis;
(2) Request the Corporation Counsel of the District of Columbia to petition the Family Division of the Superior Court of the District of Columbia for a finding of abuse or neglect and, where appropriate, the removal of the child; and
(3) Request the police to remove the child when the consent of a parent, guardian or other custodian cannot be obtained and the need to protect the child does not allow sufficient time to obtain a court order.
§ 4–1303.05. Medical treatment authorized.
When the Agency has physical custody of a child pursuant to § 4-1303.03 or pursuant to § 16-2313 or § 16-2320, it may:
(1) Authorize a medical evaluation or emergency medical, surgical, or dental treatment, or authorize an outpatient psychiatric evaluation or emergency outpatient psychiatric treatment, at any time; and
(2) Authorize non-emergency outpatient medical, surgical, dental or psychiatric treatment, or autopsy, when reasonable efforts to consult the parent have been made but a parent cannot be consulted.
§ 4–1303.06. Confidentiality of records and information.
(a) Information acquired by staff of the Child and Family Services Agency that identifies individual children reported as or found to be abused or neglected or which identifies other members of their families or other persons shall be considered confidential and may be released or divulged only for:
(1) Purposes relating to the identification of abuse or neglect;
(2) The identification of service needs or resources;
(3) The securing or provision of treatment or direct services for the child or individual identified;
(4) The investigation or review of child fatalities by representatives of the Child Fatality Review Committee, established pursuant to § 4-1371.03;
(5) For the purposes of and in accordance with Chapter 2B of Title 7 [§ 7-241 et seq.]; or
(6) The investigation or review of homicides or suicides, as that term is defined in § 5-1431.01(e), by representatives of the Violence Fatality Review Committee, established by § 5-1431.01.
(7) An investigation by the Office of the Ombudsperson for Children established by Chapter 6C of this title, if the information is relevant to the investigation.
(b) Persons or agencies who are not covered by confidentiality requirements comparable to those in subsection (a) of this section, to whom information is released pursuant to this section, § 4-1302.03, or § 4-1302.04 must sign a statement that they will not divulge such confidential information for purposes unrelated to the purposes of treatment, identification or evaluation.
(c) Repealed.
§ 4–1303.07. Unauthorized disclosure of records.
Whoever willfully discloses, receives, makes use of or knowingly permits the use of confidential information concerning a child or individual in violation of this subchapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000. A violation of this section shall be prosecuted by the Corporation Counsel of the District of Columbia.
§ 4–1303.08. Voluntary Foster Care Registry.
(a) For the purposes of this section, the term:
(1) “Immediate birth family member” means a person 18 years of age or older who is the birth mother, father, or sibling of a registrant.
(2) “Registrant” means an individual, 18 years of age or older, who was, or currently is, a respondent in a child abuse or neglect case under Chapter 23 of Title 16 or his or her immediate birth family member.
(3) “Registry” means the Voluntary Foster Care Registry established by subsection (b) of this section.
(b) Within 180 days of September 24, 2010, the Agency shall establish the Voluntary Foster Care Registry (“Registry”) for a registrant who seeks to reconnect with his or her immediate birth family member to place otherwise personal confidential information in the Registry to aid in that endeavor.
(c) To use the Registry, an applicant shall:
(1) Complete a registration form, which shall include:
(A) Proof that the applicant qualifies as a registrant, as defined in subsection (a) of this section, including the following information, to the extent known, pertaining to both the applicant and the individual being sought:
(i) Name;
(ii) Previous name;
(iii) Address;
(iv) Telephone number;
(v) Name of adoptive parents, if applicable; and
(vi) Name of birth mother and father;
(B) The name and address of the child placement agency that placed the child for adoption, if applicable; and
(C) A statement of consent to be identified to other registrants who are matched as immediate birth family members, including a statement whether the registrant consents to be identified to any immediate birth family member who registers or only to specific immediate birth family members. If the registrant consents to be identified only to specific immediate birth family members, the statement shall indicate by name or relationship which immediate birth family members for whom the consent is valid;
(2)(A) Except as provided in subparagraph (B) of the paragraph, pay a one-time fee, to be established by rule, which may be waived or reduced for individuals with verified income at or below the national poverty level.
(B) A registrant who, at the time he or she registers, is the respondent in an open neglect case under Chapter 23 of Title 16 shall not be required to pay a fee.
(d) A registrant shall provide changes in the information in the Registry occurring after registration to the Agency. The Agency shall timely input the updated information in the Registry.
(e) A registrant may withdraw from the Registry at any time by submitting a notarized affidavit to the Agency that contains the registrant’s name and a request to be removed from the Registry.
(f)(1) Upon receipt of a completed registration and the applicable fee, the Agency, or its designee, shall search the Registry for potential matching immediate birth family members.
(2) In addition to the Registry search, the Agency may inquire into the records of:
(A) Child placement agencies;
(B) Local departments of social services;
(C) The court, which shall grant the Agency access to the court record upon receipt of a petition from the Agency that provides proof of consent of the parties to disclosure of the information, as evidenced in the registration forms, and states that review of the record is needed to make a match or to provide matching information; and
(D) The Vital Records Division of the Department of Health.
(3) Prior to releasing any identifying information to a registrant, the Agency shall verify that the registrant consents to have his or her identifying information released to a immediate birth family member who is a registrant. The Agency shall also obtain substantiation of a familial relationship from a reliable, independent third-party source, as established by rule and upon whom the Agency did not rely in conducting its search. A third-party independent source may include:
(A) The child placement agency that placed the child for adoption;
(B) The Vital Records Division of the Department of Health; or
(C) The Family Court of the Superior Court of the District of Columbia.
(4) A match shall be ascertained between the child and an immediate birth family member if:
(A) The child and the child’s birth mother and birth father are registrants;
(B) The child and one or more birth siblings are registrants; or
(C) The child and only one birth parent are registrants.
(5) Information shall be provided regarding only those immediate birth family members who are registrants.
(g)(1) The Registry shall retain information and documents collected until the date specified by the registrant or for 99 years, whichever occurs first.
(2)(A) Registry documents and information shall be destroyed in accordance with the District procedure for disposal of confidential information.
(B) Information in the Registry may not be disclosed except as provided by this subchapter or regulations issued pursuant to this subchapter, or pursuant to a court order.
(h) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this section.
§ 4–1303.09. Voluntary Foster Care Registry Fund.
(a) There is established as a nonlapsing fund the Voluntary Foster Care Registry Fund (“VFCR Fund”), into which shall be deposited all fees collected pursuant to § 4-1303.08(c)(2)(A) and any gift or appropriation intended to assist in the funding of the Voluntary Foster Care Registry, which shall be solely used to cover the costs of administering the Voluntary Foster Care Registry.
(b) All funds deposited into the VFCR Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the purpose set forth in subsection (a) of this section without regard to fiscal year limitation, subject to authorization by Congress.
§ 4–1303.10. Grants.
In Fiscal Year 2020, the Agency shall award, on a competitive basis, grants to:
(1) Support a program that provides targeted legal intervention services in matters involving child custody, child support, domestic violence, landlord-tenant issues, housing conditions, federally subsidized housing defense, and access to public benefits, for the purpose of preventing families from unnecessarily entering the child welfare system, in the amount of $200,000; provided, that the selected program shall have contracted with the Agency in Fiscal Year 2019 for the provision of such services;
(2) Support a program that helps fathers gain the knowledge and skills necessary to improve their involvement and connection to their children through voluntary home visits, parenting support, child-development information and activities, health education and support, family goal planning, adult literacy, legal advocacy, access to community resources, and activities that promote bonding and healthy habits, in the amount of $150,000; provided, that the selected program shall have received Community-Based Child Abuse Prevention grant funding from the Agency in Fiscal Year 2018;
(3) Support a program that provides services to youth between 11 and 24 years of age that have been, or are at risk of, becoming victims of sex trafficking, as that term is defined in section 103(12) of the Trafficking Victims Protection Act of 2000, approved October 28, 2000 (114 Stat. 1469; 22 U.S.C. § 7102(12)), that are not in the Agency's care and custody, in the amount of $150,000; and
(4) Support a program that provides parenting group sessions and home visitation services to families, with an emphasis on services that assist mothers who are homeless, victims of domestic violence, and reuniting with their children following a period of incarceration, in the amount of $160,000; provided, that the selected program shall have received Community-Based Child Abuse Prevention grant funding from the Agency in Fiscal Years 2018 and 2019.
§ 4–1303.11. Agency's responsibilities to the Office of the Ombudsperson for Children.
(a) The Agency shall:
(1) Notify the Office of the Ombudsperson for Children ("Ombudsperson for Children"), established by Chapter 6C of this title, in writing within 24 hours of the Agency becoming aware of an allegation of a critical incident;
(2) Provide the Ombudsperson for Children with copies of proposed revisions to current policies or regulations, or proposed new policies or regulations, including administrative issuances, at least 10 days prior to issuance; except, that the 10-day notice requirement shall not apply to the issuance of emergency regulations; and
(3) Post the Ombudsperson's report issued pursuant to § 4-671.08(b), on the Agency's website to be made available to the public.
(b) For purposes of this section, the term:
(1) "Critical incident" means:
(A) The death of a child known or who has been known to the Agency within 4 years prior to the child's death;
(B) A near fatality or serious bodily injury resulting from child abuse or neglect or caused by any other means while a child is under the Agency's care and custody; or
(C) An act that causes significant impairment to a child's physical or mental condition, as determined by qualified medical personnel, including instances of sexual assault, sex trafficking, or broken bones that come to the attention of the Agency.
(2) "Near fatality" means any act that threatens the life of a child as determined by a medical or other qualified professional.
(3) "Serious bodily injury" shall have the same meaning as provided in § 22-3001(7).
§ 4–1303.12. Social Security benefits of children in Agency custody.
(a) Upon a child's removal under § 4-1301.07 or § 4-1303.04(c), or within 90 days of March 10, 2023 if the child is in the care of the Agency at the time, the Agency shall ascertain whether the child may be eligible for benefits administered by the Social Security Administration ("Social Security benefits"). If the Agency ascertains that a child may be eligible for Social Security benefits, the Agency shall apply for the benefits on behalf of the child.
(b) The Agency shall immediately notify the child, the child's guardian ad litem, and the child's parents or guardians of:
(1) Any application for Social Security benefits made by the Agency on the child's behalf;
(2) Any application by the Agency to become the child's Social Security benefits representative payee;
(3) Any decisions or communications from the Social Security Administration regarding the child's benefits application; and
(4) Any appeal by the Agency regarding the child's benefits application.
(c) When the Agency serves as the representative payee or in another fiduciary capacity for a child receiving Social Security benefits, the Agency shall:
(1) Be prohibited from reimbursing the District for any costs associated with the child's care using the child's Social Security benefits;
(2) Monitor federal asset or resource limits that would affect the child's eligibility to continue to receive benefits and conserve the benefits in a way to avoid violating or exceeding those limits, including by:
(A) Applying to the Social Security Administration for a Plan for Achieving Self-Support ("PASS") account for the child and determining the amount of benefits to deposit in the PASS account that would be in the best interests of the child;
(B) Establishing a 529A plan account for the child;
(C) Establishing an individual development account for the child;
(D) Establishing a special needs trust for the child or joining a pooled special needs trust on behalf of the child;
(E) If federal law requires certain back payments of benefits to be deposited into a dedicated account, opening a dedicated account for the child and complying with the requirements under 20 C.F.R. § 416.640(e); or
(F) Applying any other exclusions from federal asset or resource limits available under federal law; and
(3) Provide, at least once every 6 months, an accounting to the child, the child's guardian ad litem, and the child's parents or guardians of the child's resources, including of any Social Security benefits.
(d) Upon the child's exit from foster care, the Agency shall develop a written plan in collaboration with the child, the child's guardian ad litem, and any individual with parental rights regarding the future use and control of the child's resources conserved under this section that would be in the best interest of the child. The following party's preferences shall be considered in the best interest of the child if there is disagreement on the use and control of the child's resources:
(1) The child, if the child is or will be an aged-out youth, as that term is defined in § 4-1303.03g;
(2) The adoptive parent, if the child is or will be adopted; or
(3) The child's parent or guardian if the child is or will be reunited with the parent or guardian.
(e) The Agency shall timely effectuate portions of the written plan within its control or designated responsibilities. If the Social Security Administration takes any action inconsistent with the realization of the written plan, the Agency shall develop a revised written plan consistent with subsection (d) of this section.
(f) The Agency shall avoid overpayment of Social Security benefits while serving as the representative payee and shall pay any discovered overpayment to the appropriate federal entity. The Agency may request a waiver of adjustment or recovery of an overpayment, including filing an appeal; provided, that the Agency shall pay any overpayment amount deemed final.
(g) The Agency shall provide at least 5 hours of financial literacy education, financial management training, and financial skills building to any individual gaining access for the first time to the child's resources conserved by the Agency; except, that an individual's failure to attend or receive Agency-sponsored training shall not constitute Agency non-compliance with the written plan regarding the future use and control of conserved resources developed under this section.
(h)(1) The Agency may execute any contracts, grants, or agreements necessary to implement the provisions of this section.
(2) The Agency's duties under this section may be delegated to an Agency contractee or grantee.
(i) Beginning on February 28 of the year after the applicability date of this section, and no later than February 28 of each year thereafter, the Mayor shall submit a report to the Council on the Agency's efforts to conserve the Social Security benefits of children under its care, which shall include:
(1) The number of children receiving Social Security benefits;
(2) Without divulging identifiable information, for each child receiving benefits, the type of benefits, the amount conserved, and the type of account in which the benefits are being conserved;
(3) The total amount of federal benefits being conserved by the Agency;
(4) The total number of accounts established each month; and
(5) A summary of the Agency's efforts to educate children, their parents or guardians, and their guardians ad litem on financial literacy and the requirements of this section.
(j) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this section. The proposed rules shall be submitted to the Council for a 30-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 30-day review period, the proposed rules shall be deemed approved.
Part C-i. Public Disclosure of Findings and Information in Cases of Child Fatality or Near Fatality.
§ 4–1303.31. Definitions.
For the purposes of this part, the term:
(1)(A) “Agency” shall have the same meaning provided in § 2-502(3), except that the term “agency” shall include:
(i) The Social Services Division of the Superior Court of the District of Columbia; and
(ii) The Child and Family Services Agency, whether under the administrative control of the Mayor or the court-appointed receiver.
(B) The term “agency” does not include the executive branch of the federal government, its agencies, officials, and employees, or the Child Fatality Review Committee.
(2) “Child fatality” means:
(A) The death of a child as a result of child abuse, neglect, or maltreatment, as certified by a physician, or the Chief Medical Examiner of the jurisdiction in which the child died or where the autopsy was performed; or
(B) The death of a child where the Chief Medical Examiner cannot rule out child abuse, neglect, or maltreatment as contributing to the cause of death.
(3) “Disclosing official” means:
(A) The Mayor or such other official or officials of the District as the Mayor may from time to time designate in writing to perform the functions under this part; and
(B) The Director of the Child and Family Services Agency.
(4) “District” means the District of Columbia.
(5) “Findings and information related to a child fatality or near fatality” means:
(A) All public records in the possession of any officer or agency of the District that pertain to a child fatality or near fatality, or that are compiled, received, or created in the course of any investigation, assessment, or review conducted in connection with a child fatality or near fatality; and
(B) A written summary that includes, to the extent possible, all of the following information pertaining to a child fatality or near fatality:
(i) The name of the child, except that the name of the child shall not be disclosed in a case of a near fatality unless the name has otherwise previously been disclosed;
(ii) The name of the parent or other person legally responsible for the child, except that the name of the parent or other person legally responsible for the child shall not be disclosed in a case of a near fatality unless the name has otherwise previously been disclosed;
(iii) Confirmation of the receipt of all reports, accepted or not accepted, by an agency of the District for investigation or assessment of suspected child abuse, neglect, or maltreatment, including confirmation that investigations or assessments were conducted; the results of the investigations or assessments; a description of the conduct of the most recent investigation or assessment and the services rendered; and a statement of the basis for the agency’s determination;
(iv) The basis for any finding of either abuse or neglect, including the results of any review of a community child protection team or any public agency;
(v) Identification of child protective or other services provided to or any actions taken by any agency regarding the child, including the dates, outcomes, and results of any services provided and any actions taken;
(vi) Any actions taken by any agency in response to reports or allegations of abuse or neglect of the child, including the dates, outcomes, and results of any actions taken; and
(vii) Other pertinent information concerning the circumstances of any abuse or neglect of the child and the investigation of such abuse or neglect.
(6) “Near fatality” means a child in serious or critical medical condition as a result of child abuse, neglect, or maltreatment, as certified by a physician.
(7) “Personal or private information” means information about an individual’s personal relationships, sexual preference or conduct, economic or financial needs or status, physical or mental health, substance use or abuse, work or school records, religious beliefs, or political opinions, unless such personal or private information is related to the cause of the child fatality or near fatality.
(8) “Public record” shall have the same meaning provided in § 2-502(18).
§ 4–1303.32. Disclosure of findings and information.
(a)(1) Notwithstanding any other provision of law, a disclosing official shall upon written request by any person, and may upon his or her own initiative, disclose to the public the findings and information related to a child fatality or near fatality, except as provided in paragraph (2) of this subsection.
(2) Paragraph (1) of this subsection shall not apply to the disclosure of any portion of the findings or information if disclosure of that portion would likely:
(A) Endanger the life, physical safety, or physical or emotional well-being of the child who is the subject of the findings and information or a child who is a sibling of such child or has shared the same household as such child;
(B) Endanger the life or physical safety of any person;
(C) Interfere with an ongoing law enforcement investigation or proceeding pertaining to the child fatality or near fatality;
(D) Deprive a person of a right to a fair trial or an impartial adjudication;
(E) Disclose the identity of any person who reported suspected abuse, neglect, or maltreatment to the Metropolitan Police Department or the Child and Family Services Agency, or the identity of any confidential law enforcement source in a criminal proceeding pertaining to the child fatality or near fatality;
(F) Disclose the identity of a birth parent of a child, if the child has been adopted and there has been no contact between the child and the birth parent immediately prior to the fatality or near fatality; or
(G) Disclose personal or private information.
(3) Any reasonably segregable portion of a public record shall be provided to any person requesting such record after deletion of those portions which may be withheld from disclosure under paragraph (2) of this subsection.
(b)(1) The disclosing official shall either make the requested findings or information related to a child fatality or near fatality accessible to the person making the request or send the person a letter of denial explaining the disclosing official’s determination to withhold all or any portion of the requested findings or information within 10 days (excluding Saturdays, Sundays, and legal public holidays) of receipt of the request by the disclosing official. A letter of denial shall contain at least the following:
(A) The specific reasons and legal authority for the denial or decision to withhold;
(B) Notification to the requestor of any right to appeal; and
(C) A description of the documents withheld by the disclosing official.
(2) In unusual circumstances, the time limit provided in paragraph (1) of this subsection may be extended by written notice to the person making the request setting forth the reasons for extension and expected date for determination. The extension shall not exceed 10 days (excluding Saturdays, Sundays, and legal public holidays). For purposes of this subsection, and only to the extent necessary for processing of the particular request, “unusual circumstances” are limited to:
(A) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request; or
(B) The need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request.
(3) Except as provided in paragraph (2) of this subsection, any failure on the part of the disclosing official to comply with a request under this section within the time provision of paragraph (1) of this subsection shall be deemed a denial of the request, and the person making the request shall be considered to have exhausted his or her administrative remedies with respect to that request.
§ 4–1303.33. Civil action to compel disclosure.
(a) Any person who has submitted a request to the disclosing official to release findings and information under § 4-1303.32, and whose request has been denied in whole or in part, may bring a civil action in the Superior Court of the District of Columbia (“Superior Court”) to compel the disclosing official to release the findings and information as requested.
(b) A suit filed under this section shall be set for hearing by the Superior Court at the earliest practicable time and shall be given all possible expedited treatment.
(c) In any suit filed under this section, the Superior Court may order the production of any findings or information improperly withheld from the person seeking disclosure.
(d) The burden is on the disclosing official to sustain his or her action. The court shall determine the matter de novo, and may examine the contents of the requested findings and information in camera to determine whether the findings and information, or any part thereof, shall be withheld under § 4-1303.32(a)(2).
(e) If a person seeking the right to inspect or to receive a copy of findings and information prevails in whole or in part in a civil action filed under this section, he or she may be awarded reasonable attorney fees and other costs of litigation.
§ 4–1303.34. Immunity.
The District, the disclosing official, and any agencies, committees, officials, officers, employees, or attorneys of the District authorized by the disclosing official to assist the disclosing official with his or her responsibilities and duties under this part shall have full immunity from any civil or criminal liability relating to a decision made in good faith to disclose findings and information related to a child fatality or near fatality under this part.
§ 4–1303.35. Freedom of Information Act requests.
Nothing in this part shall limit or restrict any right of access or disclosure that any person may have under subchapter II of Chapter 5 of Title 2 (“Freedom of Information Act”). Section 4-1303.06 shall not provide a basis for denying any request under the Freedom of Information Act for any public record pertaining to a child fatality or near fatality.
§ 4–1303.36. Rules.
The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to implement the provisions of this part. The rules issued pursuant to this section shall be transmitted to the Council within 30 days of February 13, 2002, for a 45-day period of Council review (excluding days of Council recess). If the Council does not approve or disapprove the rules by resolution within the 45-day review period, the rules shall be deemed approved.
Part C-ii. Citizen Review Panel.
§ 4–1303.51. Establishment of the Citizen Review Panel; purposes; duties.
(a) There is hereby established the Citizen Review Panel, whose purpose is to serve as an external, independent oversight body for the District’s child welfare system, evaluating the strengths and weaknesses of District government agencies involved in child protection as well as neighborhood-based services provided by vendors.
(b) The Panel shall examine the policies, practices, and procedures of the Agency and any other District government agency that provides services to children at risk of abuse and neglect, or to children under the care of the Agency, including, as appropriate, the review of specific child cases. Based on this examination, the Panel shall evaluate the extent to which agencies serving children at risk of abuse or neglect, or children under the care of the Agency, are effectively discharging their child protection responsibilities in accordance with:
(1) The State plan required by section 106(b) of the Child Abuse Prevention and Treatment Act, approved April 25, 1988 (102 Stat. 110; 42 U.S.C. § 5106A(b));
(2) The child protection standards set forth in section 106(b) of the Child Abuse Prevention and Treatment Act, approved April 25, 1988 (102 Stat. 110; 42 U.S.C. § 5106A(b)); and
(3) Any other criteria that the Panel deems important to ensure the protection of children.
(c) The Panel shall solicit public outreach and comment in order to assess the impact of current policies, practices, and procedures of the child welfare system on children and families in the District of Columbia.
(d)(1) The Panel shall submit a report, no later than April 30th of each year, to the Mayor, Council, and Agency, summarizing the Panel’s activities and findings during the prior calendar year, containing recommendations on how to improve child welfare services and outcomes in the District of Columbia, and providing information on the progress the District government is making in implementing the recommendations of the Panel.
(2) The Agency shall make the annual report available to the public by providing access to it on its Internet site.
(3) Not later than 6 months after the Panel publishes the annual report, the Agency shall provide a written response that describes whether or how the Agency, in coordination with other government agencies, will implement the Panel’s recommendations in order to make measurable progress in improving the child welfare system.
§ 4–1303.52. Panel membership.
(a) The Panel shall be comprised of 15 members to be appointed as follows:
(1) Eight members shall be appointed by the Mayor, and
(2) Seven members shall be appointed by the Council by resolution.
(b)(1) Panel members shall be residents of the District.
(2) None of the members shall be employed by the District government.
(3) No more than 2 members appointed by the Mayor, and no more than 2 members appointed by the Council, shall serve as an officer, director, partner, employee, consultant, or contractor with an organization that provides services to the Agency.
(c) In making their appointments, the Mayor and Council shall establish a Panel that is broadly representative of the community and includes members who have expertise in the prevention and treatment of child abuse and neglect. The Mayor and Council shall seek to include a diversity of professional backgrounds on the panel, such as children’s attorneys, child advocates, parents, foster parents, and other consumer representatives, social workers, educators, and health and mental health professionals who are familiar with the child welfare system.
(d) The Mayor’s initial 8 appointments shall include 3 members appointed to 3-year terms that begin on April 12, 2005, 3 members appointed to 2-year terms that begin on April 12, 2005, and 2 members appointed to one year terms that begin on April 12, 2005. All subsequent appointments by the Mayor shall be for 3-year terms.
(e) The Council’s initial 7 appointments shall include 3 members appointed to 3-year terms that begin on April 12, 2005, 2 members appointed to 2-year terms that begin on April 12, 2005, and 2 members appointed to one-year terms that begin on April 12, 2005. All subsequent appointments by the Council shall be for 3-year terms.
(f)(1) Vacancies in membership shall be filled in the same manner in which the original appointment was made, with the newly appointed member serving the unexpired term of his or her predecessor.
(2) Members may be reappointed to the Panel.
(g) The Mayor shall designate the Chairperson of the Panel and the Council shall designate the Vice Chairperson of the Panel.
§ 4–1303.53. Panel procedures; meetings; staff support.
(a)(1) A quorum shall consist of 8 members and the Panel shall develop written bylaws, with the approval of a majority of Panel members, to establish other procedural requirements it considers necessary, including the designation of additional officers.
(2) The Panel may establish such committees as it considers necessary, according to rules set forth in the bylaws.
(3) The Panel may establish written protocols to guide its work in evaluating the policies, practices, procedures, and performance of the child welfare system.
(b)(1) The Panel shall meet not less than once every 3 months, in appropriate meeting space provided by the Agency, at no cost.
(2) Panel meetings shall be open to the public, except that the Panel shall meet in closed session when it is reviewing specific child cases.
(3) Any resolution, rule, act, regulation, or other official action is effective only if it is taken, made, or enacted at an open meeting as defined in § 1-207.42.
(c)(1) The Panel shall receive staff support from one or more employees of the Agency, as designated by the Director of the Agency.
(2) The Agency shall include in its annual performance-based budget submission to the Mayor and Council, beginning in Fiscal Year 2007, an activity-level line item for the Panel, which will include personal services and non-personal services funding.
§ 4–1303.54. Access to information and confidentiality.
(a) The Panel shall have access to data on children and families maintained by District government agencies, including the Agency, the Department of Human Services, the Department of Health, the Department of Mental Health, the Metropolitan Police Department, the Office of the Chief Medical Examiner, and the D.C. Public Schools. The Panel shall also have access to data kept by any private agency or organization that provides or arranges for services or out-of-home placements for children residing in the District of Columbia.
(b) For the purposes of specific case review, the Panel shall have access to:
(1) Police investigative data;
(2) Autopsy records and other medical examiner investigative data;
(3) Hospital, public health, or other medical records of the child;
(4) Hospital and other medical records of the child’s parent that relate to prenatal care;
(5) Records created by human or social service agencies, including the Agency, that provided or provide services to the child or family; and
(6) Personnel data related to an employee’s performance in discharging child protection responsibilities.
(c)(1) All information and records generated by the Panel, including statistical compilations and reports, and all information and records acquired by, and in the possession of, the Panel are confidential.
(2) Panel information and records may be disclosed only as necessary to carry out the Panel’s duties and purposes.
(3) Statistical compilations and reports of the Panel that contain information that would reveal the identity of any person, other than a person who has consented to be identified, are not public records or information.
(4) Each person attending a Panel meeting shall sign a confidentiality agreement at the beginning of each meeting of the Panel.
(d) Findings and recommendations on the child welfare system required by § 4-1303.51(d) shall be available to the public on request.
(e) Except as permitted by this section, information and records of the Panel shall not be disclosed voluntarily, pursuant to a subpoena, in response to a request for discovery in any adjudicative proceeding, or in response to a request made under subchapter II of Chapter 5 of Title 2 [§ 2-531 et seq.], nor shall it be introduced into evidence in any administrative, civil, or criminal proceeding.
(f)(1) Whoever discloses, receives, makes use of, or knowingly permits the use of information in violation of this section shall be subject to a fine of not more than $1,000.
(2) Violations of this section shall be prosecuted by the Attorney General, or his or her designee, in the name of the District of Columbia.
(3)(A) The Mayor may remove any of his or her appointees from the Panel for violating this section.
(B) The Council may remove, by resolution, any of its appointees from the Panel for violating this section.
§ 4–1303.55. Conflict of interest.
Panel members shall be subject to the conflict of interest and disclosure requirements established by §§ 1-1162.23 and 1-1162.24. Any member affiliated with an organization providing services to children or families, as an officer, director, partner, employee, consultant, or contractor, shall recuse himself or herself from any discussion of specific cases that involve the organization, and shall also recuse himself or herself from any discussion of findings or recommendations that involve the organization.
Part C-iii. Statements of Rights and Responsibilities for Youth in Foster Care.
§ 4–1303.71. Definitions.
For the purposes of this part, the term “Youth” means an individual under 21 years of age who is in the care of the Agency.
§ 4–1303.72. Statements of Rights and Responsibilities.
(a) Within 90 days of April 23, 2013, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall amend existing rules governing youth in foster care, namely, 29 DCMR §§ 6004, 6203, and 6303, (Statement of Rights and Responsibilities for youth in foster homes, group homes, and independent living programs), to:
(1) Incorporate existing rights for youth in foster care provided by local law, federal law, local regulations, agency administrative issuances, and other policy documents; and
(2) State that a youth in foster care has the right to receive and have the youth’s caregivers and guardians ad litem receive, if the youth is under 18 years of age, at least 30 days before leaving care, copies of the youth’s:
(A) Birth certificate;
(B) Original social security card;
(C) State and District identification cards;
(D) Immunization records;
(E) Medical insurance information;
(F) Education portfolios and health records;
(G) Immigration documents; and
(H) Other personal information as the Mayor deems appropriate.
(b) Statements of Rights and Responsibilities required by subsection (a) of this section (“Statements of Rights and Responsibilities”) shall guarantee that each youth will receive the following:
(1) A printed copy of the Statements of Rights and Responsibilities in readily understandable language;
(2) An explanation of each youth’s right to be informed of all decisions made on the youth’s behalf by the Agency;
(3) An explanation of each youth’s right to report violations of the youth’s rights to the Agency;
(4) The process for reporting rights violations to the Agency; and (5) An explanation of the process for contacting the Agency to make concerns about care, placement, and services.
(c) Proposed rules to implement this part shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within the 45-day review period, the proposed rules shall be deemed disapproved.
§ 4–1303.73. Dissemination of rights and responsibilities information.
(a) When a youth comes under the care of the Agency, the Agency shall inform the youth of the youth’s rights and disseminate to the youth and the appropriate care providers the Statements of Rights and Responsibilities.
(b) The Agency shall disseminate the Statements of Rights and Responsibilities and related information to youth and individuals who entered care before April 23, 2013.
(c) The Agency shall incorporate the Statements of Rights and Responsibilities into scheduled trainings for social workers and other affected partners, including providers, foster parents, and other persons who are associated with the care of youth.
§ 4–1303.74. Implementation plan.
(a) Within 90 days of April 23, 2013, the Agency shall develop an implementation plan for the dissemination of the Statements of Rights and Responsibilities and a mechanism for receiving and handling complaints or concerns made by youth or on behalf of youth and provide a mechanism to resolve issues related to the youth’s care, placement, and services through the Agency.
(b) The Agency shall have the following responsibilities regarding the implementation of this part:
(1) Investigate and attempt to promptly resolve concerns made by youth or on behalf of youth;
(2) Document the number, general sources and origins, and nature of the complaints;
(3) Beginning February 28, 2018, and every February 28th thereafter, through the Director, make available to the Council a report containing data collected over the course of the prior year that includes the following information:
(A) The number of contacts made to the Agency by telephone, website address, or otherwise;
(B) The number of concerns made, including the type and general sources of those concerns;
(C) The number of investigations performed;
(D) The number of pending concerns; and
(E) The trends and issues that arose in the course of investigating concerns and outcomes of the investigations conducted; and
(4) Post the report required by paragraph (3) of this subsection on the Agency’s website so that it is readily available to the public.
Part C-iv. Statements of Rights and Responsibilities for Foster Parents.
§ 4–1303.81. Definitions.
For the purposes of this part, the term:
(1) "Foster parent" means an individual licensed by a District-licensed child-placing agency, as defined under § 4-1402, who provides 24-hour substitute care to a youth placed away from his or her parent or guardian.
(2) "Youth" shall have the same meaning as provided in § 4-1303.71.
§ 4–1303.82. Statements of Rights and Responsibilities for Foster Parents.
(a) Within 180 days after the February 18, 2017, the Mayor, pursuant to § 4-1303.85, shall amend existing rules governing foster parents to:
(1) Incorporate existing rights and responsibilities for foster parents provided by local law, federal law, local regulations, agency administrative issuances, and other policy documents; and
(2) Establish a Statements of Rights and Responsibilities for Foster Parents.
(b) The Agency shall guarantee that each foster parent shall receive the following:
(1) A printed copy of the Statements of Rights and Responsibilities for Foster Parents in readily understandable language and in accordance with § 2-1933;
(2) An explanation of a foster parent's right to be informed of decisions made by the Agency that impact the foster parent, while ensuring the best interests and confidentiality of youth and families;
(3) An explanation of a foster parent's right to report violations of the foster parent's rights to the Agency without fear of retaliation;
(4) An explanation of the process for reporting violations of a foster parent's rights to the Agency;
(5) An explanation of the process for reporting complaints related to the Agency's provision of services and supports; and
(6) An explanation of the process by which reports of violations of a foster parent's rights and complaints related to the Agency's provision of services and supports are resolved, within reasonable efforts.
§ 4–1303.83. Dissemination of rights and responsibilities information.
(a) When a foster parent is licensed by the Agency, the Agency shall inform the foster parent of the foster parent's rights and responsibilities and disseminate to the foster parent and the appropriate child-placing agency the Statements of Rights and Responsibilities for Foster Parents.
(b) The Agency shall disseminate the Statements of Rights and Responsibilities for Foster Parents and related information to foster parents who were licensed by the Agency before February 18, 2017.
(c) The Agency shall incorporate the Statements of Rights and Responsibilities for Foster Parents into scheduled trainings for foster parents, social workers, and other affected partners, including providers and other persons who are associated with the care of youth.
§ 4–1303.84. Implementation plan.
(a) Within 180 days after February 18, 2017, the Agency shall establish:
(1) A plan for the dissemination of the Statements of Rights and Responsibilities for Foster Parents to foster parents and the appropriate child-placing agency; and
(2) A process for receiving, investigating, and resolving, within reasonable efforts, reports of violations of a foster parent's rights and complaints related to the Agency's provision of services and supports.
(b)(1) The Agency shall have the following responsibilities regarding the implementation of this part:
(A) To receive, investigate, and resolve, within reasonable efforts, reports of violations of a foster parent's rights and complaints related to the Agency's provision of services and supports;
(B) To document the number, general sources and origins, and the nature of reports received about violations of foster parent's rights and complaints received about the Agency's provision of services and supports;
(C) Beginning on February 28, 2018, and every February 28th thereafter, to make available to the Council a report containing data collected over the course of the prior year that includes the information collected pursuant to paragraph (2) of this subsection; and
(D) By February 28, 2018, and every February 28th thereafter, to post the report required by subparagraph (C) of this paragraph on the Agency's website so that it is readily available to the public.
(2)(A) The report required by paragraph (1)(C) of this subsection shall include the following information regarding reports received by the Agency about violations of a foster parent's rights:
(i) The number of contacts made by telephone, website, or otherwise;
(ii) The type and general sources of those contacts;
(iii) The number of investigations performed;
(iv) The number of pending investigations;
(v) The trends and issues identified during the course of investigations; and
(vi) The outcomes of the investigations conducted.
(B) The report shall include the following information regarding complaints received by the Agency about its provision of services and supports to foster parents:
(i) The number of contacts made by telephone, website, or otherwise;
(ii) The type and general sources of those contacts;
(iii) The number of investigations performed;
(iv) The number of pending investigations;
(v) The trends and issues identified during the course of investigations; and
(vi) The outcomes of the investigations conducted.
§ 4–1303.85. Rules.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this part. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within the 45-day review period, the proposed rules shall be deemed approved.
Part D. [Reserved].
Part E. Criminal Records Check.
§ 4–1305.01. Definitions.
For the purposes of this part:
(1) “Adult” means an individual who is at least 18 years of age.
(1A) “Agency” means the Child and Family Services Agency established by § 4-1303.01a.
(2) “Applicant” means a person applying for a criminal records check under this part.
(3) “Conviction” means a plea or verdict of guilty or a plea of nolo contendere.
(4) “Criminal record check” means a search of criminal records to determine whether an individual has a criminal conviction that is performed by the Federal Bureau of Investigation of national records, and by:
(A) The Metropolitan Police Department, if the individual as an adult has resided, worked, or attended school in the District at any time in the past 5 years; or
(B) The state’s law enforcement agency, if the individual as an adult has resided, worked, or attended school outside of the District at any time in the past 5 years.
(5) Repealed.
(6) “Foster family home” means a home described in subchapter XVII of Chapter 2 of this title, or another foster family home in the District of Columbia.
(6A) “Information form” means a written statement in a form established by the Agency that:
(A) Is signed by the individual under penalty of perjury;
(B) Identifies each state in which the individual has resided, worked, or attended school at any time in the past 5 years;
(C) Identifies each felony for which the individual has been convicted as an adult, and the date and state of that conviction;
(D) Identifies each state in which the individual is currently on parole or probation; and
(E) Includes any other information required by the Agency.
(7) “Licensed child-placing agency” means an individual or entity defined as such in § 4-1402.
(8) “Police” means the Metropolitan Police Department of the District of Columbia.
§ 4–1305.02. Criminal records check required for certain individuals.
The following individuals shall apply for a criminal records check under this part:
(1) An individual who seeks to be approved or licensed as an adoptive parent by the Agency or by any licensed child-placing agency;
(2) An individual who seeks to be approved or licensed as a foster parent by the Agency or by any licensed child-placing agency;
(3) An individual who seeks to be approved as a kinship caregiver or legal guardian by the Agency;
(4) Except as provided in paragraph (1) of this section or in an expedited adoption proceeding pursuant to [§ 16-318], an individual who seeks to become an adoptive parent of a child under Chapter 3 of Title 16;
(5) Upon order of a judicial officer, an individual with whom a child is placed under § 16-2320(a)(2) or § 16-2320(a)(3)(C); and
(6) An adult residing in the home of an individual described in paragraphs (1), (2), (3), or (4) of this section or, upon order of a judicial officer, an adult who resides in the home of an individual described in paragraph (5) of this section.
§ 4–1305.03. Application for criminal records check; timing.
(a) Within the time stated in subsection (b) of this section, an applicant shall apply for a criminal records check by submitting to the Agency, licensed child-placing agency, or the police:
(1) A complete set of legible fingerprints taken on standard fingerprint cards by the Agency or the police;
(2) Payment of the fees and costs of the criminal records check as described in § 4-1305.04;
(3) The completed information form; and
(4) Any documentation required to conduct a criminal records check by a state identified in the completed information form.
(b) The application for a criminal records check shall be made:
(1) For an individual described in § 4-1305.02(1), (2), or (3), and for every adult residing in the home of an individual described in § 4-1305.02(1), (2), or (3), as part of the approval or licensure process;
(2) For an individual described in § 4-1305.02(4) and for every adult residing in the home of an individual described in § 4-1305.02(4), before the filing of the petition for adoption, pursuant to D.C. Official Code § 16-305;
(3) For an individual described in § 4-1305.02(5) and for every adult residing in the home of an individual described in § 4-1305.02(5), within 2 business days of entry of the judicial order placing the child in the home;
(4) For every adult who becomes a resident of the home of an individual described in § 4-1305.02(1), (2), (3), or (5) after the child is placed in the home, within 10 calendar days after the adult becomes a resident of the home; and
(5) For every adult who becomes a resident of the home of an individual described in § 4-1305.02(4) after the filing of the petition for adoption, within 10 calendar days after the adult becomes a resident of the home.
§ 4–1305.04. Payment of processing fees and costs.
(a) A person who is required to have a criminal records check under this part shall pay for:
(1) The mandatory processing fee required by the Federal Bureau of Investigation for conducting the national criminal records check;
(2) Reasonable administrative costs to the police for accessing the District criminal records history; and
(3) Reasonable administrative costs to the Agency.
(b) The Agency or a licensed child-placing agency may pay for processing fees and costs.
§ 4–1305.05. Processing the criminal records check.
(a) The Agency or licensed child-placing agency shall forward complete sets of legible fingerprints taken on standard fingerprints cards by the Agency or licensed child-placing agency to the police or state law enforcement agency.
(b) The police shall:
(1) Access the District criminal records history maintained by the District government;
(2) Transmit all complete sets of legible fingerprints on standard fingerprint cards to the Federal Bureau of Investigation; and
(3) Request the Federal Bureau of Investigation to conduct a national criminal records check and return the results to the police or state law enforcement agency.
(c)(1) Except as provided in paragraph (2) of this subsection, the Agency or licensed child-placing agency shall request the law enforcement agency of each state identified in the completed information form to conduct a state criminal records check and return the results to the Agency or licensed child-placing agency, as appropriate.
(2) If the Agency or licensed child-placing agency has already determined that an individual has a disqualifying conviction, it is not required to make further requests to additional states.
(3) The Agency or licensed child-placing agency may also use interstate databases or systems to conduct a single check for multiple states.
§ 4–1305.06. Results of the criminal records check.
(a) The provisions of this section shall apply to an individual who seeks to be:
(1) Approved or licensed as an adoptive or foster parent, a legal guardian, or a kinship caregiver;
(2) Permitted to become an adoptive parent under Chapter 3 of Title 16; or
(3) Permitted to have a child placed in the individual’s custody upon order of a judicial officer, under § 16-2320(a)(2) or § 16-2320(a)(3)(C).
(b) Except as provided in subsection (d) of this section, an individual shall not be approved, licensed, or permitted as set forth in subsection (a) of this section if it is determined from the criminal records check that the individual, or an adult residing in the home of the individual, has a felony conviction for any of the following offenses or their equivalents:
(1) Child abuse;
(2) Child neglect;
(3) Intrafamily offense, as defined in § 16-1001(8);
(4) A crime against children, including child pornography; or
(5) A crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery.
(c) Except as provided by subsection (d) of this section, an individual shall not be approved, licensed, or permitted as set forth in subsection (a) of this section if it is determined from the criminal records check that the individual, or an adult residing in the home of the individual, has a felony conviction for any of the following offenses or their equivalents committed within the past 5 years:
(1) Repealed;
(2) Physical assault;
(3) Battery; or
(4) A drug-related offense.
(d) Notwithstanding the requirements of subsections (b) and (c) of this section, an individual may be approved, licensed, or permitted as set forth in subsection (a) of this section if:
(1) The individual has a felony conviction for any of the offenses listed in subsections (b) and (c) of this section and, after a discretionary agency review of the conviction and current circumstances, it is determined that an approval, licensure, or permission would be consistent with the health, safety, and welfare of children; provided, that any adoption-assistance payments or foster-care-maintenance payments made on behalf of a child to an individual pursuant to this paragraph shall not be made with federal funds provided through Title IV-E of the Social Security Act, approved June 17, 1980 (94 Stat. 500; 42 U.S.C. § 670 et seq.); or
(2) An adult residing in the home of the individual, but not the individual who seeks to be approved, licensed, or permitted as set forth in subsection (a) of this section, has a felony conviction for any of the offenses listed in subsections (b) and (c) of this section and, after a discretionary agency review of the conviction and current circumstances, it is determined that an approval, licensure, or permission would be consistent with the health, safety, and welfare of children.
§ 4–1305.07. Effect of failure to request a criminal records check.
(a) If an individual described in § 4-1305.02(1), (2), or (3), or any adult residing in the home of an individual described in § 4-1305.02(1), (2), or (3), fails to request a criminal records check as required by this part, the Agency may deny approval or licensure.
(b) If an individual described in § 4-1305.02(4), or any adult residing in the home of an individual described in § 4-1305.02(4), fails to request a criminal records check as required by this part, the Family Division of the Superior Court of the District of Columbia may dismiss the petition for adoption.
(c) If an individual described in § 4-1305.02(5), or an adult residing in the home of an individual described in § 4-1305.02(5), fails to request a criminal records check as required by this part, the Family Division of the Superior Court of the District of Columbia may refuse to place the child in the individual’s home, may remove the child from the home, or may take other appropriate action to ensure the health, welfare, and safety of the child.
§ 4–1305.08. Confidentiality.
(a) Information obtained pursuant to a criminal records check shall be confidential. It shall be disseminated only to:
(1) The individual who is the subject of the criminal records check;
(2) The Agency for the purpose of receiving and screening the results of a criminal records check to determine an applicant’s suitability for approval or licensure;
(2A) The Office of the Attorney General for the purpose of recommending an appropriate placement under Chapter 3 of Title 16 and § 16-2320(a)(2) or § 16-2320(a)(3)(C); or
(3) The Family Division of the Superior Court of the District of Columbia for the purpose of determining the appropriateness of a placement under Chapter 3 of Title 16 and § 16-2320(a)(2) or § 16-2320(a)(3)(C).
(b) Nothing in this section shall be interpreted as prohibiting the Agency from providing to a licensed child-placing agency a summary indicating whether an applicant has been convicted of or is under pending indictment for a crime that bears upon the applicant’s fitness for approval, licensure, or permission.
(c) No employee of the Family Division of the Superior Court of the District of Columbia, the Agency, or any other agency of the District of Columbia shall disclose information obtained as a result of an application submitted pursuant to § 4-1305.02 to any unauthorized individual or entity.
(d) This part shall not authorize the disclosure of information concerning an individual who was not an adult, or was not prosecuted as an adult, at the time to which the information pertains if the disclosure of such information is prohibited by law.
§ 4–1305.09. Penalties for violation of confidentiality.
(a) An individual who discloses confidential information in violation of § 4-1305.08 shall be guilty of a criminal offense and, upon conviction, shall be subject to a fine of not more than $1,000 or a term of incarceration of not more than 180 days, or both.
(b) An individual who fails to disclose all of the residences and addresses required by § 4-1305.03(a)(3) shall be guilty of a criminal offense and, upon conviction, shall be subject to a fine of not more than $1,000, a term of imprisonment of not more than 180 days, or both.
(c) Violations of this section shall be prosecuted by the Attorney General for the District of Columbia, or his or her designee, in the name of the District of Columbia.
Part F. Rules.
§ 4–1306.01. Rules.
(a) The Mayor may, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to implement the provisions of this subchapter within 90 days of June 27, 2000. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.
(b) All existing rules and regulations promulgated pursuant to this subchapter shall remain in effect until the rules promulgated pursuant to subsection (a) of this section become effective.
(c) Notwithstanding subsection (a) of this section, the Mayor shall have full authority to enforce the provisions of subchapter.
(d)(1) Within 180 days of June 29, 2011, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the Families Together Amendment Act of 2010, effective September 24, 2010 (D.C. Law 18-228; 57 DCR 6926).
(2) The proposed rules shall be submitted to the Council for a 30 day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within the 30 day review period, the proposed rules shall be deemed approved.
Subchapter II. Reports of Neglected Children.
§ 4–1321.01. Purpose.
It is the purpose of this subchapter to require a report of a suspected neglected child in order to identify neglected children; to assure that protective services will be made available to a neglected child to protect the child and his or her siblings and to prevent further abuse or neglect; and to preserve the family life of the parents and children, to the maximum extent possible, by enhancing the parental capacity for adequate child care.
§ 4–1321.02. Mandatory reporters.
(a) For the purposes of this section, the term "mandatory reporter" means any of the following:
(1) An employee, agent, or contractor of the Child and Family Services Agency;
(2) A physician;
(3) A psychologist;
(4) A medical examiner;
(5) A dentist;
(6) A chiropractor;
(7) A registered nurse;
(8) A licensed practical nurse;
(9) An individual involved in the care and treatment of patients;
(10) A law-enforcement officer;
(11) A humane officer of any agency charged with the enforcement of animal cruelty laws;
(12) A school official;
(13) A teacher;
(14) An athletic coach;
(15) An employee of the Department of Parks and Recreation;
(16) A public housing resident manager;
(17) A social services worker;
(18) A day care worker; and
(19) A mental health professional, as that term is defined in § 7-1201.01(11).
(b)(1) Notwithstanding § 14-307, mandatory reporters shall, if they know or have reasonable cause to believe that a:
(A) Child they know in their professional capacity for which they have been designated as a mandatory reporter has been or is in immediate danger of being abused, as that term is defined in § 4-1301.02(1)(A), or is a neglected child, as that term is defined in § 4-1301.02(15B), make a report to the Child and Family Services Agency or the Metropolitan Police Department as described in § 4-1321.03;
(B) Child ages 5 through 13 years of age they know in their professional capacity for which they have been designated as a mandatory reporter has 10 or more days of unexcused absences within a school year, as that term is defined in § 38-201(4), make a report to the Child and Family Services Agency as described in section 3;
(C) Child they know in their professional capacity for which they have been designated as a mandatory reporter has been, or is in immediate danger of being, the victim of sexual abuse or attempted sexual abuse prohibited by Chapter 30 of Title 22, or was assisted, supported, caused, encouraged, commanded, enabled, induced, facilitated, or permitted to become a prostitute, as that term is defined in § 22-2701.01(3), make a report to the Child and Family Services Agency or the Metropolitan Police Department as described in § 4-1321.03; or
(D) Child they know in their professional capacity for which they have been designated as a mandatory reporter has an injury caused by a bullet, knife, or other sharp object which has been caused by other than accidental means, make a report to the Child and Family Services Agency or the Metropolitan Police Department as described in § 4-1321.03.
(2) Notwithstanding any other law, mandatory reporters shall not be required to report when:
(A) Employed or supervised by a lawyer who is providing representation in a criminal, civil, including family law, or delinquency matter, and the basis for the belief arises solely in the course of that representation; or
(B) Employed or supervised by a lawyer with whom a prospective client is seeking representation in a criminal, civil, including family law, or delinquency matter, and the basis for the belief arises solely in the course of seeking that representation.
(3) This section shall not apply to the following individuals while acting in their capacity as a counselor:
(A) Domestic violence counselor, as that term is defined in § 14-310(a)(2);
(B) Human trafficking counselor, as that term is defined in § 14-311(a)(2); or
(C) Sexual assault counselor, as that term is defined in § 14-312(a)(2).
(4) Whenever a mandatory reporter is required to report in their capacity as an employee, agent, or contractor of a hospital, school, social agency, or similar institution, the mandatory reporter shall also immediately notify the person in charge of the institution or their designated agent who shall subsequently make a report; except, that notifying the person in charge of the institution or their designated agent shall not relieve the mandatory reporter who was originally required to report from their duty under subsection (b) of this section.
(c) In addition to the requirements of subsection (b) of this section, the following mandatory reporters shall make a report to the Child and Family Services Agency as described in § 4-1321.03 if they have reasonable cause to believe that a child is abused as a result of inadequate care, control, or subsistence in the home environment due to exposure to drug-related activity:
(1) Health professionals licensed pursuant to Chapter 12 of Title 3; and
(2) Law enforcement officers and humane officers of any agency charged with the enforcement of animal cruelty laws, except an undercover officer whose identity or investigation might be jeopardized.
(d) A health professional licensed pursuant to Chapter 12 of Title 3, who in their own professional capacity knows that a child under 12 months of age is diagnosed as having a Fetal Alcohol Spectrum Disorder, shall immediately report or have a report made to the Child and Family Services Agency.
(e) A person who violates this section shall not be prosecuted under subchapter II-A of Chapter 30 of Title 22.
(f) The Metropolitan Police Department shall immediately report or have a report made to the Child and Family Services Agency of any knowledge, information, or suspicion of a child engaging in or offering to engage in a sexual act, as that term is defined in § 22-3001(8), or sexual contact, as that term is defined in § 22-3001(9), in return for receiving anything of value.
§ 4–1321.03. Nature and contents of reports.
(a) Each person required to make a report of a known or suspected neglected child shall:
(1) Immediately make an oral report of the case to the Child and Family Services Agency or the Metropolitan Police Department of the District of Columbia; and
(2) Make a written report of the case if requested by said Division or Police or if the abuse involves drug-related activity.
(b) The report shall include, but need not be limited to, the following information if it is known to the person making the report:
(1) The name, age, sex, and address of the following individuals:
(A) The child who is the subject of the report;
(B) Each of the child’s siblings and other children in the household; and
(C) Each of the child’s parents or other persons responsible for the child’s care;
(2) The nature and extent of the abuse or neglect of the child and any previous abuse or neglect, if known;
(3) All other information which the person making the report believes may be helpful in establishing the cause of the abuse or neglect and the identity of the person responsible for the abuse or neglect; and
(4) If the source was required to report under this subchapter, the identity and occupation of the source, how to contact the source and a statement of the actions taken by the source concerning the child.
§ 4–1321.04. Immunity from liability.
Any person, hospital, or institution participating in good faith in the making of a report pursuant to this subchapter shall have immunity from liability, civil or criminal, that might otherwise be incurred or imposed with respect to the making of the report. Any such participation shall have the same immunity with respect to participation in any judicial proceeding involving the report. In all civil or criminal proceedings concerning the child or resulting from the report good faith shall be presumed unless rebutted.
§ 4–1321.05. Privileges; waiver.
Notwithstanding the provisions of §§ 14-306 and 14-307, neither the spouse or domestic partner privilege nor the physician-patient privilege shall be grounds for excluding evidence in any proceeding in the Family Division of the Superior Court of the District of Columbia concerning the welfare of a neglected child; provided, that a judge of the Family Division of the Superior Court of the District of Columbia determines such privilege should be waived in the interest of justice.
§ 4–1321.06. Exceptions for treatment solely by spiritual means.
Notwithstanding any other provision of this subchapter, no child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to have been neglected within the purview of this subchapter.
§ 4–1321.07. Failure to make report.
Any person required to make a report under this subchapter who willfully fails to make such a report shall be fined not more than the amount set forth in § 22-3571.01, imprisoned not more than 180 days, or both. Violations of this subchapter shall be prosecuted by the Attorney General of the District of Columbia or his or her agent in the name of the District of Columbia.
§ 4–1321.08. Training for mandatory reporters.
(a) By December 31, 2023, the Office of the Attorney General ("OAG") shall, in consultation with the Child and Family Services Agency ("CFSA"), develop and approve a training curriculum explaining the reporting requirements of this subchapter, which shall include:
(1) The purpose of the mandatory reporting requirements;
(2) The dynamics surrounding abuse, neglect, and other forms of child victimizations that must be reported;
(3) The impact of racial bias on the mandatory reporting and child welfare systems; and
(4) The legal duties imposed on mandatory reporters, including:
(A) How to make a report, the contents of the report, and the process after a report is filed;
(B) The legal protections provided to mandatory reporters; and
(C) The penalty for failing to make a report.
(b) All mandatory reporters shall complete a training based upon the curriculum required by subsection (a) of this section which shall be conducted by OAG, CFSA, or a third party.
Subchapter II-A. Reports of Missing Children.
§ 4–1323.01. Missing persons.
(a) The Child and Family Services Agency shall file a missing person report with the Metropolitan Police Department (“MPD”) for any child in the custody of the Child and Family Services Agency immediately after discovering that the child is missing from the child’s home or out-of-home placement.
(b) A person required to make a report of abuse or neglect under § 4-1321.02(b) may file a missing person report with the MPD.
(c) The MPD shall immediately report a missing child to the National Center for Missing and Exploited Children if the child has been:
(1) Deemed critical missing by the MPD, as defined by MPD General Order 304-03; or
(2) Missing for more than 30 days from the date the Child and Family Services Agency filed a missing person report with MPD pursuant to subsection (a) of this section.
(d) For the purposes of this section, the term “child” means a person who has not attained the age of 18 years.
Subchapter III. Child Abuse and Neglect Prevention Children’s Trust Fund.
§ 4–1341.01. Definitions.
For the purposes of this subchapter, the term:
(1) “Child” means a person under 18 years of age.
(2) “Child abuse” means harm or threatened harm to a child’s health or welfare by a person responsible for the child’s health or welfare, which occurs through the intentional infliction of physical or emotional injury or an act of sexual abuse, which includes a violation of any provision of subchapter of this chapter.
(3) “Child neglect” means harm to a child’s health or welfare which occurs through the failure to provide adequate food, clothing, shelter, education, or medical care.
(4) “Prevention program” means a program designed to prevent child abuse or child neglect including a community-based program that:
(A) Focuses on child abuse or child neglect;
(B) Focuses on public awareness;
(C) Focuses on prenatal care, perinatal bonding, child development, basic child care, care of children with special needs or coping with family stress;
(D) Provides aid to parents who potentially may abuse or neglect their children, child abuse or child neglect counseling, support groups for parents who potentially may abuse or neglect their children, and support groups for their children, or early identification of families in which there is a potential for child abuse or child neglect;
(E) Trains and places volunteers in programs that focus on child abuse or child neglect prevention; or
(F) Develops and makes available to the District of Columbia Board of Education curricula and educational material on basic child care and parenting skills, or trains educators.
§ 4–1341.02. Establishment of the Child Abuse and Neglect Prevention Children’s Trust Fund.
(a) There is established in the District of Columbia a private nonprofit corporation which shall be known as the Child Abuse and Neglect Prevention Children’s Trust Fund (“Trust Fund”). The sole purpose of the Trust Fund is to encourage child abuse and child neglect prevention programs.
(b) The Trust Fund may accept appropriations from the District and shall accept gifts, bequests and grants from persons, organizations, corporations and foundations.
(c) The Trust Fund shall accept federal funds granted by Congress or Executive Order.
(d) Repealed.
(d-1) The Trust Fund may hold and distribute funds for other organizations. Auditing procedures shall be established by the Board.
(e) Repealed.
(f) Repealed.
(g) The Trust Fund shall supplement but not replace services provided by District agencies.
(h) The Trust Fund shall not provide funding to District government agencies.
§ 4–1341.03. Establishment of Board of Directors.
(a) A self-perpetuating Board of Directors is established to manage the affairs of the Trust Fund. The Board of Directors shall have 15 members. The D.C. Treasurer and the Director of the Department of Human Services shall serve as members of the Board of Directors. The remaining 13 members shall have a demonstrated knowledge in the area of child abuse and child neglect prevention and shall reflect a diversity of gender and ethnicity. Each ward in the District shall be represented on the Board of Directors. Through its by-laws, the Board of Directors may expand the number of members of the Board to include a business representative.
(b) The D.C. Treasurer and the Director of the Department of Human Services shall serve terms as members of the Board of Directors for the same duration as the terms of their offices.
(c) The 12 initial nongovernmental members shall serve the following terms: 3 members shall serve 3 years; 5 members shall serve 2 years; and 4 members shall serve 1 year.
(d) The 12 initial nongovernmental members shall be appointed by resolution of the Council.
(e) In the event that 1 of the 12 initial nongovernmental members is unable to serve or is removed, the remaining members shall select a replacement member according to the representational requirements of subsection (a) of this section.
(f) The Board of Directors shall appoint nongovernmental replacement members so that subsequent Board of Directors meet the representational requirements of subsection (a) of this section and the bylaws adopted by the Board of Directors. A succeeding member shall serve the balance of the term of the member that he or she succeeds if the term is unexpired. A succeeding member who succeeds a member whose term has expired shall serve a term of 3 years.
(g) Members shall be compensated only for out-of-pocket expenses incurred from the accomplishment of their responsibilities as members of the Board of Directors.
(h) The Board of Directors shall elect a chairperson from among the members. The Board of Directors may elect other officers and form committees as it considers appropriate.
§ 4–1341.04. Powers and responsibilities of the Board of Directors.
(a) The Board of Directors shall:
(1) Administer the Trust Fund;
(2) File such papers as may be required by the Recorder of Deeds of the District of Columbia;
(3) Have the power to adopt, amend, or repeal bylaws for operation of the Trust Fund;
(4) Remove a member by a 2/3rd vote of the remaining members of the Board of Directors;
(5) Meet not less than quarterly at a time to be determined;
(6) Assess service needs and gaps relative to child abuse and child neglect prevention programs in the District;
(7) Develop and implement program recommendations in order to address identified service needs;
(8) Develop and implement proposal solicitation and establish criteria for the awarding of grants to meet identified service needs;
(9) Review, approve, and monitor the expenditure of the Trust Fund and child abuse and child neglect prevention programs;
(10) Assist in providing information to the public about the purpose and work of the Trust Fund;
(11) Hire and monitor an executive director of the Trust Fund; and
(12) Invite comments and recommendations at least annually from interested child advocacy coalitions and community organizations to review the Trust Fund’s program plans.
(b) Administrative expenses shall not exceed 10% of the funds available in the Trust Fund.
(c) One year after its original formation, the Board of Directors shall develop a District-wide plan for the distribution of funds from the Trust Fund. The plan shall be developed annually. The plan shall assure a distribution of funds to services that reach children in all geographic areas of the District. The plan shall be transmitted to the Mayor and Chairman of the Council.
§ 4–1341.05. Service of process.
The Trust Fund shall maintain a designated agent to accept service of process for the Trust Fund. Notice to or service upon the agent is notice or service upon the Trust Fund.
§ 4–1341.06. Corporate powers.
The Trust Fund may exercise those powers conferred upon a nonprofit corporation pursuant to Chapters 1 and 4 of Title 29.
§ 4–1341.07. Dissolution.
Except as otherwise provided in a contract or legacy transferring or loaning property to the Trust Fund, upon dissolution of the Trust Fund as a corporation, all remaining assets shall be transferred to the Mayor of the District of Columbia. The Mayor shall make every effort to use the assets for the prevention of child abuse and child neglect as provided in this subchapter.
§ 4–1341.08. Tax status.
The Trust Fund may engage in such activities that make it eligible for treatment as an organization described in § 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. § 501(c)(3) ) which may be exempt from federal taxation under § 501(a) of the Internal Revenue Code (26 U.S.C. § 501(a) ).
Subchapter III-A. Integrated Funding and Services for At-Risk Children, Youth, and Families.
§ 4–1345.01. Definitions. [Repealed]
Repealed.
§ 4–1345.02. Integrated Services Fund for At-Risk Children, Youth, and Families. [Repealed]
Repealed.
§ 4–1345.03. Scope and design of programs and services. [Repealed]
Repealed.
Subchapter IV. Adoption Improvement.
§ 4–1361. Database.
The District of Columbia Child and Family Services Agency (referred to as “CFSA”) shall maintain an accurate database listing and tracking any child found by the Family Division of the District of Columbia Superior Court to be abused or neglected and who is in the custody of the District of Columbia, including any child with the goal of adoption or legally free for adoption.
§ 4–1362. Contracting with private service providers.
(a) Private contracts. — Not later than September 30, 1999, CFSA shall enter into contracts with private service providers to perform some of the adoption recruitment and placement functions of CFSA, which may include recruitment, homestudy, and placement services.
(b) Competitive bidding. — Any contract entered into pursuant to subsection (a) of this section shall be subject to a competitive bidding process when required by CFSA contracting policies and procedures.
(c) Performance-based compensation. —
(1) In general. — Any contract entered into pursuant to subsection (a) of this section shall compensate the winning bidder pursuant to subsection (b) of this section upon completion of contract deliverables.
(2) Contract deliverables. — In identifying contract deliverables, CFSA shall consider:
(A) In the case of recruitment, receipt of a list of potential adoptive families;
(B) In the case of homestudies, receipt of a completed home-study in a form specified in advance by CFSA; or
(C) In the case of placements, the child is placed in an adoptive home approved by CFSA or the adoption is finalized.
(d) Types of contracts. — Nothing in this section shall be construed to prevent CFSA from entering into contracts that provide for multiple deliverables or conditions for partial payment.
(e) Removal of barriers to adoption. — CFSA shall meet with contractors to address issues identified during the term of a contract entered into pursuant to this subchapter, including issues related to barriers to timely adoptions.
Subchapter V. Child Fatality Review Committee.
§ 4–1371.01. Short title.
This subchapter may be cited as the “Child Fatality Review Committee Establishment Act of 2001”.
§ 4–1371.02. Definitions.
For the purposes of this subchapter, the term:
(1) “Child” means an individual who is 18 years of age or younger, or up to 21 years of age if the child is a committed ward of the child welfare, intellectual and developmental disabilities, or juvenile systems of the District of Columbia.
(2) “Committee” means the Child Fatality Review Committee.
(3) "Parental interview" means Committee interaction, either in person or through other means of communication, with a parent, caregiver, or guardian of a deceased child.
§ 4–1371.03. Establishment and purpose.
(a) There is established a Child Fatality Review Committee. Facilities and other administrative support shall be provided by the Office of the Chief Medical Examiner.
(b) The Committee shall:
(1) Identify and characterize the scope and nature of all child deaths in the District, particularly those that are violent, accidental, unexpected, or unexplained;
(2) In an effort to reduce the number of preventable child fatalities, examine past events and circumstances surrounding child deaths in the District by reviewing the records, files, and other pertinent documents of public and private agencies responsible for serving families and children, investigating deaths, or treating children, giving special attention to child deaths that may have been caused by abuse, negligence, or other forms of maltreatment;
(3) Develop and revise, as necessary, operating rules and procedures for the review of child deaths, including identification of cases to be reviewed, coordination among the agencies and professionals involved, and improvement of the identification, data collection, and record keeping of the causes of child death;
(4) Recommend specific and systemic improvements to promote improved and integrated public and private systems serving families and children;
(5) Recommend components for prevention and education programs; and
(6) Recommend training to improve the investigation of child deaths.
§ 4–1371.04. Composition of the Child Fatality Review Committee.
(a) The Mayor shall appoint a minimum of one representative from appropriate programs providing services to children within the following public agencies:
(1) Department of Human Services;
(2) Department of Health;
(3) Office of the Chief Medical Examiner;
(4) Child and Family Services Agency;
(5) Metropolitan Police Department;
(6) Fire and Emergency Medical Services Department,
(7) D.C. Public Schools;
(8) District of Columbia Housing Authority;
(9) Office of the Attorney General;
(10) Department of Behavioral Health;
(11) Department of Health Care Finance;
(12) Department of Youth Rehabilitation Services;
(13) Office of the State Superintendent of Education;
(14) Public Charter School Board; and
(15) Director of Gun Violence Prevention.
(a-1) The Council Chairpersons with jurisdiction over judiciary and human services matters, or their designees, shall serve as Committee members.
(b) The Mayor shall appoint, or request the designation of, members from federal, judicial, and private agencies and the general public who are knowledgeable in child development, maternal and child health, child abuse and neglect, prevention, intervention, treatment or research, with due consideration given to representation of ethnic or racial minorities and to geographic areas of the District of Columbia. The appointments shall include representatives from the following:
(1) Superior Court of the District of Columbia;
(2) Office of the United States Attorney for the District of Columbia;
(3) District of Columbia hospitals where children are born or treated;
(4) College or university schools of social work; and
(5) Mayor’s Committee on Child Abuse and Neglect.
(c) The Mayor shall additionally appoint 8 community representatives, none of whom shall be employees of the District, in accordance with § 1-523.01(f).
(c-1) The Council shall appoint a minimum of one representative from the Office of the Ombudsperson for Children.
(d) Governmental appointees shall serve at the will of the Mayor, the Council in the case of the Office of the Ombudsperson for Children, or of the federal or judicial body designating their availability for appointment. Community representatives shall serve for 3-year terms.
(e) Vacancies in membership shall be filled in the same manner in which the original appointment was made.
(f) The Committee shall select co-chairs according to rules set forth by the Committee.
(g) The Committee shall establish quorum and other procedural requirements as it considers necessary.
§ 4–1371.05. Criteria for case review.
(a) The Committee shall be responsible for reviewing all deaths of children who were residents of the District of Columbia, and with particular attention, such children who, or whose families, at the time of death:
(1) Or at any point during the 2 years prior to the child’s death, were known to the juvenile justice or intellectual disability or developmental disabilities systems of the District of Columbia; and
(2) Or at any point during the 4 years prior to the child’s death, were known to the child welfare system of the District of Columbia.
(b) The Committee may review the deaths of nonresidents if the death is determined to be accidental or unexpected and occurs within the District.
(c) The Committee's manner of review shall be to conduct a multidisciplinary, multi-agency review of all individual fatalities within 6 months after the final determination of the cause and manner of death and prioritize fatalities where child abuse, neglect, or another form of child maltreatment is the cause of death or a contributing factor.
(d) The Committee shall establish at least 2 review teams to conduct its review of child fatalities. The Infant Mortality Review Team shall review the deaths of children under the age of one year and the Child Fatality Review Team shall review the deaths of children over the age of one year. Each team may include designated public officials with responsibilities for child and juvenile welfare from each of the agencies and entities listed in § 4-1371.04.
(e) Repealed.
§ 4–1371.06. Access to information.
(a) Notwithstanding any other provision of law, immediately upon the request of the Committee and as necessary to carry out the Committee’s purpose and duties, the Committee shall be provided, without cost and without authorization of the persons to whom the information or records relate, access to:
(1) All information and records of any District of Columbia agency, or their contractors, including, but not limited to, birth and death certificates, law enforcement investigation data, unexpurgated juvenile and adult arrest records, intellectual and developmental disabilities records, medical examiner investigation data and autopsy reports, parole and probation information and records, school records, and information records of social services, housing, and health agencies that provided services to the child, the child’s family, or an alleged perpetrator whose acts led to the death of the child.
(2) All information and records (including information on prenatal care) of any private health-care providers located in the District of Columbia, including providers of mental health services who provided services to the deceased child, the deceased child’s family, or the alleged perpetrator whose acts led to the death of the child.
(3) All information and records of any private child welfare agency, educational facility or institution, or child care provider doing business in the District of Columbia who provided services to the deceased child, the deceased child’s immediate family, or the alleged perpetrator whose acts led to the death of the child.
(4) Information made confidential by §§ 4-1302.03, 4-1303.06, § 7-231.24, 7-1203.02, 7-1305.12, 16-2331, 16-2332, 16-2333, 16-2335, and 31-3426.
(b) The Committee shall have the authority to seek information from entities and agencies outside the District of Columbia by any legal means.
(c) Repealed.
(d) Repealed.
(d-1) The Committee may conduct voluntary parental interviews as part of the fatality review process to identify and characterize the scope and nature of the child death.
(e) All records and information obtained by the Committee pursuant to subsections (a), (b), and (d-1) of this section pertaining to the deceased child or any other individual shall be destroyed following the preparation of the final Committee report. All additional information concerning a review, except statistical data, shall be destroyed by the Committee one year after publication of the Committee’s annual report.
§ 4–1371.07. Subpoena power.
(a) When necessary for the discharge of its duties, the Committee shall have the authority to issue subpoenas to compel witnesses to appear and testify and to produce books, papers, correspondence, memoranda, documents, or other relevant records.
(b) Except as provided in subsection (c) of this section, subpoenas shall be served personally upon the witness or the witness's designated agent, not less than 5 business days before the date the witness must appear or the documents must be produced, by one of the following methods, which may be attempted concurrently or successively:
(1) By a special process server, at least 18 years of age, designated by the Committee from among the staff of the Committee or any of the offices or organizations represented on the Committee; provided, that the special process server is not directly involved in the investigation; or
(2) By a special process server, at least 18 years of age, engaged by the Committee.
(c) If, after a reasonable attempt, personal service on a witness or witness’ agent cannot be obtained, a special process server identified in subsection (b) of this section may serve a subpoena by registered or certified mail not less than 8 business days before the date the witness must appear or the documents must be produced.
(d) If a witness who has been personally summoned neglects or refuses to obey the subpoena issued pursuant to subsection (a) of this section, the Committee may report that fact to the Superior Court of the District of Columbia and the court may compel obedience to the subpoena to the same extent as witnesses may be compelled to obey the subpoenas of the court.
§ 4–1371.08. Confidentiality of proceedings.
(a) Proceedings of the Committee shall be closed to the public and shall not be subject to § 1-207.42, when the Committee is discussing cases of individual child deaths or where the identity of any person, other than a person who has consented to be identified, can be ascertained. Persons other than Committee members who attend any Committee meeting which, pursuant to this section, is not open to the public, shall not disclose what occurred at the meeting to anyone who was not in attendance, except insofar as disclosure is necessary for that person to comply with a request for information from the Committee. Unless authorized by a majority vote of the Committee members appointed pursuant to § 4-1371.04(c), Committee members who attend meetings not open to the public shall not disclose what occurred with anyone who was not in attendance (except other Committee members), except insofar as disclosure is necessary to carry out the duties of the Committee. Any party who discloses information pursuant to this subsection shall take all reasonable steps to ensure that the information disclosed, and the person to whom the information is disclosed, are as limited as possible.
(b) Members of the Committee, persons attending a Committee meeting, and persons who present information to the Committee may not be required to disclose, in any administrative, civil, or criminal proceeding, information presented at or opinions formed as a result of a Committee meeting, except that nothing in this subsection may be construed as preventing a person from providing information to another review committee specifically authorized to obtain such information in its investigation of a child death, the disclosure of information obtained independently of the Committee, or the disclosure of information which is public information.
(c) Information identifying a deceased child, a member of the child’s immediate family, the guardian or caretaker of the child, or an alleged or suspected perpetrator of abuse or neglect upon the child, may not be disclosed publicly.
(d) Information identifying District of Columbia government employees or private health-care providers, social service agencies, and educational, housing, and child-care providers may not be disclosed publicly.
(e) Information and records which are the subject of this section may be disclosed upon a determination made in accordance with rules and procedures established by the Mayor.
§ 4–1371.09. Confidentiality of information.
(a) All information and records generated by the Committee, including statistical compilations and reports, and all information and records acquired by, and in the possession of, the Committee are confidential.
(b) Except as permitted by this section, information and records of the Committee shall not be disclosed voluntarily, pursuant to a subpoena, in response to a request for discovery in any adjudicative proceeding, or in response to a request made under subchapter II of Chapter 5 of Title 2, nor shall it be introduced into evidence in any administrative, civil, or criminal proceeding.
(c) Committee information and records may be disclosed only as necessary to carry out the Committee’s duties and purposes. The information and records may be disclosed by the Committee to another child fatality review committee if the other committee is governed by confidentiality provisions which afford the same or greater protections as those provided in this subchapter.
(d) Information and records presented to a Committee team during a child fatality review shall not be immune from subpoena or discovery, or prohibited from being introduced into evidence, solely because the information and records were presented to a team during a child death review, if the information and records have been obtained through other sources.
(e) Statistical compilations and reports of the Committee that contain information that would reveal the identity of a person identified in § 4-1371.08(c) are not public records or information, and are subject to the prohibitions contained in subsection (a) of this section.
(f) The Committee shall compile an Annual Report of Findings and Recommendations, which shall be publicly available and submitted to the Mayor and Council. The annual report shall include:
(1) The number of child fatalities in the District annually, with a description of the causes, and for those fatalities where abuse, neglect, or another form of child maltreatment is the cause of the fatality or a contributing factor, the number, type, and response of any agency contact prior to the fatality;
(2) Statistics on all reviews conducted in the past calendar year, including the date of each fatality, when the Committee staff learned of the fatality, and when the Committee began and concluded each review;
(3) Findings regarding factors, including agency practices, that may have prevented particular fatalities from occurring;
(4) Recommendations for preventing fatalities and identifying children most at risk of fatalities, including agency policies and practices that need improvement to prevent fatalities;
(5) A timeline for implementing corrective actions;
(6) An identification of any necessary funding to implement changes to policies and practices or corrective actions;
(7) The responses required by subsection (f-1) of this section; and
(8) A description of the progress made on the findings and recommendations made in the prior annual report.
(f-1) Any agency that is implicated by a recommendation included in the Committee's Annual Report of Findings and Recommendations shall provide the Committee with a response to the specific recommendation.
(g) Repealed.
(h) At the direction of the Mayor and for good cause, special findings and recommendations pertaining to other specific child fatalities may be disclosed to the public.
(i) Nothing shall be disclosed in any report of findings and recommendations that would likely endanger the life, safety, or physical or emotional well-being of a child, or the life or safety of any other person, or which may compromise the integrity of a Mayor’s investigation, a civil or criminal investigation, or a judicial proceeding.
(j) If the Mayor or the Committee denies access to specific information based on this section, the requesting entity may seek disclosure of the information through the Superior Court of the District of Columbia. The name or any other information identifying the person or entity who referred the child to the Department of Human Services, Child and Family Services Agency, or the Metropolitan Police Department shall not be released to the public.
(k) The Mayor shall promulgate rules implementing the provisions of §§ 4-1371.07 and 4-1371.08. The rules shall require that a subordinate agency director to whom a recommendation is directed by the Committee shall respond in writing within 30 days of the issuance of the report containing the recommendations.
(l) The policy recommendations to a particular agency authorized by this section shall be incorporated into the annual performance plans and reports required by subchapter XIV-A of Chapter 6 of Title 1.
§ 4–1371.10. Immunity from liability for providing information to Committee.
Any health-care provider or any other person or institution providing information to the Committee pursuant to this subchapter shall have immunity from administrative, civil, or criminal liability that might otherwise be incurred or imposed with respect to the disclosure of the information.
§ 4–1371.11. Unlawful disclosure of information; penalties.
Whoever discloses, receives, makes use of, or knowingly permits the use of information concerning a deceased child or other person in violation of this subchapter shall be subject to a fine of not more than $1,000. Violations of this subchapter shall be prosecuted by the Attorney General in the name of the District of Columbia. Subject to the availability of an appropriation for this purpose, any fines collected pursuant to this section shall be used by the Committee to fund its activities.
§ 4–1371.12. Persons required to make reports; procedure.
(a) Notwithstanding, but in addition to, the provisions of any law, including § 14-307 and Chapter 12 of Title 7, any person or official specified in subsection (b) of this section who has knowledge of the death of a child who died in the District of Columbia, or a ward of the District of Columbia who died outside the District of Columbia, shall as soon as practicable but in any event within 5 business days report the death or cause to have a report of the death made to the Registrar of Vital Records.
(b) Persons required to report child deaths pursuant to subsection (a) of this section shall include every physician, psychologist, medical examiner, dentist, chiropractor, qualified developmental disability professional, registered nurse, licensed practical nurse, person involved in the care and treatment of patients, health professional licensed pursuant to Chapter 12 of Title 3, law-enforcement officer, school official, teacher, social service worker, day care worker, mental health professional, funeral director, undertaker, and embalmer. The Mayor shall issue rules and procedures governing the nature and contents of such reports.
(c) Any other person may report a child death to the Registrar of Vital Records.
(d) The Registrar of Vital Records shall accept the report of a death of a child and shall notify the Committee of the death within 5 business days of receiving the report.
(e) Nothing in this section shall affect other reporting requirements under District law.
§ 4–1371.13. Immunity from liability for making reports.
Any person, hospital, or institution participating in good faith in the making of a report pursuant to this subchapter shall have immunity from administrative, civil, or criminal liability that might otherwise be incurred or imposed with respect to the making of the report. The same immunity shall extend to participation in any judicial proceeding involving the report. In all administrative, civil, or criminal proceedings concerning the child or resulting from the report, there shall be a rebuttable presumption that the maker of the report acted in good faith.
§ 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.
