D.C. Law 24-120. Department of Human Services Emergency Powers Temporary Amendment Act of 2022.

AN ACT

To amend, on a temporary basis, the Homeless Services Reform Act of 2005 to grant the Director of the Department of Human Services the authority to exercise emergency powers regarding Continuum of Care services during the existence of a public emergency declaration.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Department of Human Services Emergency Powers Temporary Amendment Act of 2022".

Sec. 2. The Homeless Services Reform Act of 2005, effective October 22, 2005 (D.C. Law 16-35; D.C. Official Code § 4-751.01 et seq.), is amended as follows:

(a) Section 8(c-1) (D.C. Official Code § 4-753.02(c-1)) is amended as follows:

(1) Paragraph (1) is amended by striking the phrase "not to exceed 3 days" and inserting the phrase "not to exceed 3 days; except, that during a public emergency declared pursuant to section 5 of the District of Columbia Public Emergency Act of 1980, effective March 5, 1981 (D.C. Law 3-149; D.C. Official Code § 7-2304), the Mayor may place the family in an interim eligibility placement for a period not to exceed 60 days" in its place.

(2) Paragraph (2) is amended by striking the phrase "and section 9(a)(20)" and inserting the phrase "and section 9(a)(20); except, that the Mayor may extend an interim eligibility placement to coincide with the period of a public emergency declared pursuant to section 5 of the District of Columbia Public Emergency Act of 1980, effective March 5, 1981(D.C. Law 3-149; D.C. Official Code § 7-2304)" in its place.

(3) Paragraph (3) is amended by striking the phrase "within 12 days of the start of the interim eligibility placement" and inserting the phrase "within 12 days of the start of the interim eligibility placement; except, that during a public emergency declared pursuant to section 5 of the District of Columbia Public Emergency Act of 1980, effective March 5, 1981(D.C. Law 3-149; D.C. Official Code § 7-2304), the Mayor shall have 10 business days following the end of the public emergency to issue the eligibility determination required by this paragraph" in its place.

(4) Paragraph (4) is amended by striking the phrase "start of an interim eligibility placement," and inserting the phrase "start of an interim eligibility placement, or as otherwise required by paragraph (3) of this subsection" in its place.

(b) Section 9(a)(14) (D.C. Official Code § 4-754.11(a)(14)) is amended by striking the phrase "and other professionals;" and inserting the phrase "and other professionals; except, that the Mayor may establish reasonable requirements for in-person meetings and communications during a public emergency declared pursuant to section 5 of the District of Columbia Public Emergency Act of 1980, effective March 5, 1981 (D.C. Law 3-149; D.C. Official Code § 7-2304); which requirements shall be posted publicly;" in its place.

(c) Section 10(1) (D.C. Official Code § 4-754.12(1)) is amended by striking the phrase "established pursuant to section 18;" and inserting the phrase "established pursuant to section 18 and under such reasonable conditions as specified by the Mayor during a public emergency declared pursuant to section 5 of the District of Columbia Public Emergency Act of 1980, effective March 5, 1981 (D.C. Law 3-149; D.C. Official Code § 7-2304); which conditions specified by the Mayor shall be posted publicly;" in its place.

(d) Section 19(c-2) (D.C. Official Code § 4-754.33(c-2)) is amended by striking the phrase "served on the client." and inserting the phrase "served on the client; except, that during a public emergency declared pursuant to section 5 of the District of Columbia Public Emergency Act of 1980, effective March 5, 1981 (D.C. Law 3-149; D.C. Official Code § 7-2304), the Mayor may serve written notice via electronic transmission." in its place.

(e) Section 24(f) (D.C. Official Code § 4-754.38(f)) is amended as follows:

(1) Paragraph (1) is amended as follows:

(A) Subparagraph (A) is amended by striking the phrase "to the unit; or" and inserting the phrase "to the unit;" in its place.

(B) Subparagraph (B) is amended by striking the phrase "at the location." and inserting the phrase "at the location; or" in its place.

(C) A new subparagraph (C) is added to read as follows:

"(C) During a period of time for which a public emergency has been declared pursuant to section 5 of the District of Columbia Public Emergency Act of 1980, effective March 5, 1981 (D.C. Law 3-149; D.C. Official Code § 7-2304), to prevent or mitigate the spread of contagious disease, as determined by the Department or provider.".

(2) Paragraph (2) is amended by striking the phrase "to paragraph (1)(B)" and inserting the phrase "to paragraph (1)(B) or (C)" in its place.

Sec. 3. Fiscal impact statement.

The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 4. Effective date.

(a) This act shall take effect following approval by the Mayor (or in the event of a veto by the Mayor, action by the Council to override the veto), a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.

(b) This act shall expire after 225 days of its having taken effect.

Law Information

Cites

  • D.C. Law 24-120 (PDF)
  • 69 DCR 002665

Effective

May 18, 2022

Legislative History (LIMS)

Law 24-120, the “Department of Human Services Emergency Powers Temporary Amendment Act of 2022,” was introduced in the Council and assigned Bill No. 24-626 which was retained by the Council. The bill was adopted on first and second readings on Feb. 1, 2022, and Mar. 1, 2022, respectively. After mayoral review, it was assigned Act No. 24-362 on Mar. 28, 2022, and transmitted to Congress for its review. D.C. Law 24-120 became effective May 18, 2022.