District of Columbia Administrative Code

2880 GENERAL REQUIREMENTS 2880.1 The following fees shall be for the services provided by the Department of Health Vital Records Division: Description of Record or Service Fee Adoption $28 Adjudication of parentage $23 Administrative copy of a vital record (government use only) $…

2899 DEFINITIONS 2899.1 For purposes of this chapter, the following definitions shall apply unless otherwise provided: Act - the District of Columbia Vital Records Act of 1981, D.C. Law 4-34, D.C. Official Code § 7-201 et seq. Amendment - a document that is attached to an origina…

2900 APPLICATION AND PURPOSE 2900.1 The rules in this chapter shall apply to those persons providing or receiving services pursuant to the Adult Protective Services Act of 1984 (the “Act”), D.C. Law 5-156, effective March 14, 1985, D.C. Code, 2001 Ed. § 7-1901 et seq. 2900.2 Thes…

2901 REPORTING REQUIREMENTS OF THE METROPOLITAN POLICE DEPARTMENT 2901.1 When the police receive information which provides substantial cause to believe that an adult is in need of protective services because of abuse, neglect, or exploitation by another, the appropriate police o…

2902 POLICE INVESTIGATIONS IN ADULT PROTECTIVE SERVICES CASES 2902.1 When the police have been notified by the Department of Human Services of the possible existence of an immediate, substantial risk of life threatening harm to an adult in need of protective services or when the …

2903 POLICE ACCOMPANIMENT OF ADULT PROTECTIVE SERVICES WORKER (APS) 2903.1 An APS worker may request, when appropriate, that the Metropolitan Police Department assign a police officer to accompany him or her while conducting an initial or follow-up investigation to determine the …

2904 PROCEDURES FOR INVESTIGATION OF A REPORT BY THE DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS (DCRA) 2904.1 The Department shall refer all initial investigation reports regarding abuse, neglect and exploitation by an individual, facility or agency subject to licensing by DCR…

2905 EVALUATION OF SERVICES 2905.1 In evaluating the appropriateness of particular services to be provided under the Act, the Department shall first consider those protective services that encourage maximum self-determination and are least restrictive of the adult’s personal libe…

2906 AGREEMENT WITH OTHER AGENCIES 2906.1 The Department of Human Services may enter into agreements with District, other public or private agencies for the provision of protective services. 2906.2 The designated agency shall comply with all applicable procedures related to the A…

2907 PAYMENT NOTIFICATION 2907.1 As part of the investigation under § 5 of the Act (D.C. Code, 2001 Ed. § 7-1904), the Department shall determine whether the adult in need of protective services is indigent. If the adult is indigent, the Department shall not notify the adult that…

2908 FEES AND REIMBURSEMENT 2908.1 The Department shall not charge any fee to the adult or legally responsible person for the initial investigation, set forth under D.C. Code, 2001 Ed. § 7-1904, or for incidental services normally provided by the APS in preparation of referrals, …

2909 PAYMENT AND REIMBURSEMENT 2909.1 The Department shall not seek reimbursement for its costs from adults or legally responsible persons receiving assistance, as specified by Title VII of the District of Columbia Public Assistance Act of 1982, D.C. Law 4-101, D.C. Code, 2001 Ed…

2999 DEFINITIONS 2999.1 For purposes of this chapter, the following terms shall have the meanings ascribed; other terms shall have the meanings ascribed in the Act unless the context clearly indicates otherwise: Department - the Department of Human Services. Exigent circumstances…

303 RIGHT OF ENTRY AND SUBPOENA POWERS 303.1 The Director and any other duly authorized official of the Department of Health, or of another agency of the District of Columbia having jurisdiction over, or responsibilities pertaining to, Child Development Facilities, after presenti…

304 CERTIFICATE OF OCCUPANCY AND HOME OCCUPATION PERMIT 304.1 Before applying for a license, each Child Development Facility shall secure a Certificate of Occupancy or Home Occupation Permit for the premises, or equivalent proof that the premises comply with all applicable federa…

305 APPROVAL FOR FIRE SAFETY 305.1 Each Child Development Center shall undergo a fire safety inspection and shall obtain certification that the premises conform to all applicable fire safety and related codes, from the Department of Fire and Emergency Medical Services or from the…

306 APPLICATION FOR AN INITIAL LICENSE 306.1 Each applicant, or person(s) designated by the applicant to represent the proposed Facility, shall attend an orientation program sponsored by the Director. 306.2 Each application, accompanied by the appropriate fee(s), if any, shall be…

307 FEES 307.1 License fees for Child Development Facilities shall vary in accordance with the Facility's license capacity. 307.2 Each applicant for a license to operate a Child Development Center shall pay an initial application/pre-licensure inspection fee, in the amount of $75…

308 LICENSE RENEWAL 308.1 Application for renewal of a Child Development Facility license shall be submitted on a form provided by the Director, with the appropriate documentation and fee, no later than ninety (90) days prior to the expiration date of the existing license. 308.2 …

309 INSPECTIONS AND LICENSE ISSUANCE 309.1 Upon receipt of a complete application for an initial license or a license renewal, and prior to the issuance of the license, the Director may conduct an on-site inspection to determine compliance with the Act and with this Chapter. 309.…

310 LICENSE CAPACITY 310.1 The Director shall determine limitations on the license capacity using the following criteria: (a) Occupancy limits established by the Department of Consumer and Regulatory Affairs and/or by the Department of Fire and Emergency Medical Services; (b) Pro…

311 VARIANCES 311.1 The Director may grant a variance from compliance with one or more physical or structural requirements of this Chapter if the Director determines that compliance with the requirement(s) would result in exceptional or undue hardship. 311.2 A Facility may apply …

312 COMPLAINT INVESTIGATIONS 312.1 Upon receipt of a complaint alleging violation(s) of the provisions of the Act or this Chapter, the Director may conduct an on-site investigation, announced or unannounced, to determine the validity of the complaint. 312.2 The Director shall inv…

313 REVOCATION, DENIAL AND SUSPENSION 313.1 The Director may deny, refuse to renew, revoke, or suspend a license on the basis of any of the following: (a) Failure to comply with the Act or with this Chapter; (b) Providing false or misleading information in an application for an i…

314 SUMMARY SUSPENSION 314.1 The Director may summarily and immediately suspend a license, for a period of not more than forty-five (45) calendar days, upon finding that the health, safety, or welfare of children, adults, or of the general public is in immediate danger. 314.2 A s…

315 PROVISIONAL AND RESTRICTED LICENSES 315.1 As an alternative to denial, suspension or revocation of a license, when a Facility has one or more deficiencies that jeopardize the health, safety or welfare of children, staff or the general public, the Director may: (a) Issue a pro…

316 CEASE AND DESIST 316.1 If the Director determines that a Facility, an entity, or a person has violated any provision of the Act or of this Chapter, and that the violation presents an imminent danger to children, adults, or to the general public, the Director may issue a writt…

317 SERVICE OF NOTICE FOR ENFORCEMENT ACTIONS 317.1 A Notice shall be provided by the Director to the Facility or applicant before the Director may take any of the following enforcement actions: (a) Denial of issuance of a license; (b) Denial of renewal of a license; (c) Suspensi…

318 HEARINGS 318.1 Hearings shall be conducted by the Office of Administrative Hearings in accordance with this Chapter and pursuant to rules and procedures established by that Office. 318.2 Parties may participate in settlement negotiations prior to a hearing, and may enter into…

319 JUDICIAL REVIEW 319.1 Any person aggrieved by a final decision of the Director or of the Office of Administrative Hearings may appeal the decision to the District of Columbia Court of Appeals pursuant to section 11 of the District of Columbia Administrative Procedure Act, app…

320 CIVIL FINES, CRIMINAL PROSECUTION AND INJUNCTIONS 320.1 Civil fines and penalties may be imposed for any violation of the Act or of this Chapter, pursuant to the District of Columbia Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective Octobe…

321 NOTICE REQUIREMENTS FOR CHANGES IN OPERATION 321.1 Each Facility shall inform the Director, in writing, of any of the following planned changes in operation no less than ten (10) days before implementation of the change(s): (a) Change of ownership; (b) Change in location, nam…

322 REPORTING UNUSUAL INCIDENTS 322.1 Each Facility shall immediately report, to the Director, to the Department of Human Services for those providers that participate in the Child Care Subsidy Program, and to the parent(s)/guardian(s) of each affected child, any unusual incident…

323 ADMINISTRATIVE RECORDS ON OPERATIONS 323.1 Each Facility shall maintain all required licenses and permits, and shall post in a conspicuous place the Certificate of Occupancy or Home Occupation Permit, all current fire, health and safety inspection approvals, and any variances…