Title 16 — Particular Actions, Proceedings and Matters. [Enacted title]

(a) Notwithstanding section 16-2335, a person who has been arrested for violation of the District of Columbia Official Code or the District of Columbia Municipal Regulations, or has been the subject of a petition filed pursuant to section 16-2305 and whose prosecution has been te…

Whoever willfully discloses, receives, makes use of, or knowingly permits the use of information concerning a child or other person in violation of sections 16-2331 through 16-2335 , shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined of not more than th…

In addition to the powers and duties prescribed in section 11-1722 , the Director of Social Services shall have power to take into custody and place in detention or shelter care, in accordance with this subchapter, children who are under his supervision as delinquent or in need o…

Nothing in this subchapter shall prevent a public agency having custody of a child who is under jurisdiction of the Division from providing the child with emergency medical treatment.

(a) Whenever a child, other than a child transferred for criminal prosecution pursuant to section 16-2307, who is called as a witness refuses on the basis of the privilege against self-incrimination to testify or provide other information in or ancillary to a delinquency proceedi…

(a) A victim or a eyewitness of a delinquent act should: (1) Be treated with dignity, respect, courtesy, sensitivity, and with respect for the victim’s or eyewitness’ privacy; (2) Be notified in advance of dates and times of juvenile factfinding hearings, transfer hearings, dispo…

(a) Where a public support burden has been incurred or is threatened, or where an individual seeks assistance pursuant to part D in title IV of the Social Security Act approved January 4, 1975 (88 Stat. 2351; 42 U.S.C. 651 et seq.), the Corporation Counsel or an assistant may bri…

(a) A proceeding to determine parentage may be brought by the District of Columbia, a person whose parentage of the child is to be adjudicated, a child’s mother, putative father, guardian, legal or physical custodian, the IV-D agency, the person whose parentage is to be determine…

(a) The voluntary acknowledgment of paternity pursuant to section 16-909.01(a)(1) shall: (1) Create a conclusive presumption of paternity, consistent with § 16-909.01(b), which shall be admissible as evidence of paternity; and (2) Be recognized as a basis for seeking a child supp…

(a) When the Division has jurisdiction of actions or proceedings under section 11-1101, the court, on its own motion, may require, or, on the motion of a party, shall require, the child and all other parties to submit to medical or genetic tests, unless: (1) A party has establish…

(a)(1) Expert reports that show the statistical probability of the alleged parent’s paternity may be admissible into evidence. (2) Certified documentation of the chain of custody of the test specimens is competent evidence to establish the chain of custody. (3) Test results that …

If any party refuses to submit to a test the party may be punished by contempt or by other sanctions that the court considers appropriate.

If a respondent fails to appear at a hearing in any case in which parentage is at issue, a default order shall be entered upon a showing that (1) the respondent was served with notice of the action by any method permitted pursuant to section 46-206(b) , and (2) that the responden…

The parties to an action to establish parentage are not entitled to a jury trial.

Upon trial or proceedings over which the Division has jurisdiction under paragraph (3), (4), (10), or (11) of section 11-1101 , the court may exclude the general public and, at the request of either party, shall exclude the general public.

(a) When a certified copy of a marriage certificate is submitted to the Registrar, establishing that the previously unwed parents of a child born out of wedlock have intermarried subsequent to the birth of the child, and the parentage of the child has been judicially determined o…

(a) Upon entry of a final judgment determining the parentage of a child, the clerk of the court shall forward a certificate to the Registrar of the District of Columbia, or his authorized representative in the jurisdiction in which the child was born, giving the names of the pers…

If the respondent dies after parentage has been established and prior to the time the child reaches the age at which the child ceases to be a minor, any sums due and unpaid under an order of the court at the time of his or her death shall constitute a valid claim against his or h…

(a) Except on order of the Family Division, no records in a case over which the Division has jurisdiction under section 11-1101(11) shall be open to inspection by anyone other than the plaintiff, respondent, their attorneys of record, the IV-D agency, or authorized professional s…

The social security number of the parents and child who are parties to a parentage determination or acknowledgment shall be included in the Superior Court and IV-D agency records relating to the determination or acknowledgment.

Upon motion of a party in a parentage or support action or proceeding, the Superior Court shall issue an order of child support pending a determination of parentage if there is clear and convincing evidence of parentage. Evidence of parentage may include a genetic test result tha…

(a) The general purposes of this subchapter are to: (1) encourage stability in the lives of certain children who have been adjudicated neglected and have been removed from the custody of their parent by providing judicial procedures for the permanent termination of the parent and…

(a) As used in this subchapter, unless the context otherwise requires: (1) “Parent and child relationship” includes all rights, powers, privileges, immunities, duties and obligations existing under law between a parent and child, including rights of inheritance. The words apply e…

(a) A judge may enter an order for the termination of the parent and child relationship when the judge finds from the evidence presented, after giving due consideration to the interests of all parties, that the termination is in the best interests of the child. (b) In determining…

(a) Except as provided by subsection (b)(3) of this section, a motion for the termination of the parent and child relationship may be filed by the District government or by the child through his or her legal representative. (b) A motion for the termination of the parent and child…

(a) After a child adjudicated neglected by the Division pursuant to this chapter has been committed by the Division to the custody of a department, agency or institution for more than eighteen (18) months and no hearing on a motion for the termination of the parent and child rela…

Parties to a proceeding for the termination of the parent and child relationship shall be the child, the parent of the named child, and the agency having the legal custody of the child. The judge may at his or her discretion, name on his or her own motion or in response to a moti…

(a) When a motion to terminate the parent and child relationship is filed, a judge shall promptly set a time for an adjudicatory hearing and shall cause notice thereof to be given to all parties. (b) A judge shall direct the issuance to and personal service upon the child’s paren…

(a) All hearings and proceedings on a motion to terminate the parent and child relationship shall be held by the judge, without a jury. (b) All hearings and proceedings held pursuant to this subchapter shall be recorded by appropriate means. (c) Except in hearings to declare a pe…

(a) A judge shall begin the adjudicatory hearing by determining whether all parties are present and whether proper notice of the hearing has been given. If the parent has been given proper notice but has failed to appear the judge may proceed in his or her absence. (b) A judge sh…

(a) If a judge finds that sufficient grounds exist for the termination of the parent and child relationship, the judge shall so order and decree and shall vest the legal custody of the child in a department, agency or institution. (b) The department, agency or institution to whic…

(a) An order terminating the parent and child relationship divests the parent and the child of all legal rights, powers, privileges, immunities, duties and obligations with respect to each other, except the right of the child to inherit from his or her parent. The right of inheri…

(a) Every order of the Division terminating the parent and child relationship shall be in writing and shall recite the findings upon which such order is based, including findings pertaining to the court’s jurisdiction. (b) Notwithstanding the provisions of § 16-2330, all orders t…

The provisions of §§ 16-2332 and 16-2333 shall apply to all juvenile case records and juvenile social records as defined therein which are created pursuant to the proceedings under this subchapter.

Whoever willfully discloses, receives, makes use of, or knowingly permits the use of information concerning a child or other person in violation of section 16-2363 of this subchapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than the amo…

If the parent and child relationship has been terminated by judicial decree in another jurisdiction that decree, unless it is against the public policy of the District of Columbia, shall have the same force and effect in the District of Columbia as to matters within the jurisdict…

For the purpose of this subchapter, the term “advocate” means a court-appointed special advocate and the term “program” means the court-appointed special advocate program established under this subchapter.

(a) There is established a court-appointed special advocate program to provide trained volunteers whose primary purpose is to ensure that children who are the subject of certain family division proceedings of the Superior Court of the District of Columbia are provided with approp…

The general purpose of this subchapter is to: (1) Encourage stability in the lives of certain children who have been adjudicated to be neglected and have been removed from the custody of their parent by providing judicial procedures for the creation of a permanent guardianship in…

(a) For the purposes of this subchapter, the term: (1) “Agency having responsibility for the child” means the Mayor or his or her designee. (2) “Guardianship order” means the court document that establishes the permanent guardianship and enumerates the permanent guardian’s rights…

(a) A guardianship order may not be entered unless the child has been adjudicated to be neglected pursuant to section 16-2317 and has been living with the proposed permanent guardian for at least 6 months. (b) If the child is 14 years of age or older, the court shall designate th…

(a) A motion for permanent guardianship may be filed by the proposed permanent guardian, the District of Columbia government, or by the child through his or her legal representative. (b) A motion for a permanent guardianship may be filed any time after a neglect petition is filed…

Parties to a permanent guardianship proceeding shall be the child, the parents of the named child, the proposed permanent guardian, the agency having the legal custody of the child, and the District of Columbia. The court may, at its discretion, on its own motion, or in response …

(a) When a motion for permanent guardianship is filed, the court shall promptly set a time for an adjudicatory hearing and shall cause notice thereof to be given to all parties. (b) The court shall direct the issuance to and personal service upon the child’s parents of a summons …

(a) All hearings and proceedings conducted pursuant to this subchapter shall be held by a judge, without a jury. (b) All hearings and proceedings conducted pursuant to this subchapter shall be recorded by appropriate means. (c) Except in hearings to declare a person in contempt o…

(a) The court shall begin the adjudicatory hearing by determining whether all parties are present and whether proper notice of the hearing has been given. If a parent has been given proper notice but fails to appear, the court may proceed in the parent’s absence. (b) The court sh…

(a) Unless the court specifies otherwise, the permanent guardian shall maintain physical custody of the child and shall have the following rights and responsibilities concerning the child: (1) Protect, nurture, discipline, and educate the child; (2) Provide food, clothing, shelte…

(a) Subject to subsection (b) of this section, the court shall have jurisdiction to enter guardianship order and shall retain jurisdiction to enforce, modify, or terminate a guardianship order until a child reaches 21 years of age; provided, that when the child reaches 18 years o…

The permanent guardian shall not relocate with the child over 100 miles from his or her place of residence at the time the guardianship order is entered without filing a notice with the court, which is personally served on all parties, 15 business days before the relocation.

(a) Every guardianship order shall be in writing and shall recite the findings upon which such order is based, including findings pertaining to the court’s jurisdiction. (b) Except as otherwise expressly provided by law, in all hearings and cases tried before the court pursuant t…