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

As used in this subchapter — (1) The term “Division” means the Family Division of the Superior Court of the District of Columbia. Pursuant to section 16-2301.01, the term “Division” shall be deemed to refer to the Family Court of the Superior Court of the District of Columbia. (1…

Any reference in this chapter or any other Federal or District of Columbia law, Executive order, rule, regulation, delegation of authority, or any document of or pertaining to the Family Division of the Superior Court of the District of Columbia shall be deemed to refer to the Fa…

The purpose of this subchapter is to create a juvenile justice system capable of dealing with the problem of juvenile delinquency, a system that will treat children as children in all phases of their involvement, while protecting the needs of communities and victims alike. In fur…

(a) If it appears to a court, during the pendency of a criminal charge and before the time when jeopardy would attach in the case of an adult, that a minor defendant was a child at the time of an alleged offense, the court shall forthwith transfer the charge against the defendant…

For purposes of this subchapter, jurisdiction obtained by the Division in the case of a child shall be retained by it until the child becomes twenty-one years of age, unless jurisdiction is terminated before that time. This section does not affect the jurisdiction of other divisi…

(a) A child alleged to be delinquent or in need of supervision is entitled to be represented by counsel at all critical stages of Division proceedings, including the time of admission or denial of allegations in the petition and all subsequent stages. If the child and his parent,…

(a) Complaints alleging delinquency or need of supervision shall be referred to the Director of Social Services, and complaints alleging neglect shall be referred to the Director of the Child and Family Services Agency, each of whom shall conduct a preliminary inquiry to determin…

The Council finds that: (1) Juveniles who are not under proper supervision and control or who are arrested for certain nonviolent offenses are likely to endanger their own health, morals, and welfare and the health, morals, and welfare of others. (2) It shall be the policy of the…

(a) For the purposes of this section, the term: (1) “Adjustment process” means the process by which the Social Services Division and the Office of the Corporation Counsel may proceed where a determination is made that the filing of a delinquency or persons in need of supervision …

(a) When a petition is filed, the Division shall set a time for initial appearance and shall direct the issuance of summonses. If delinquency or need of supervision is alleged, a summons, together with a copy of the petition, shall be served upon the child and upon his spouse (if…

(a) Within twenty-one days (excluding Sundays and legal holidays) of the filing of a delinquency petition, or later for good cause shown, and prior to a factfinding hearing on the petition, the Corporation Counsel may file a motion, supported by a statement of facts, requesting t…

The initial appearance, before a judge assigned to the Division, of a child named in a delinquency or need of supervision petition or of the parent, guardian, or custodian of a child named in a neglect petition shall be at the time set forth in the summons, which shall be not lat…

(a) A child may be taken into custody — (1) pursuant to order of the Division under section 16-2306 or 16-2311; (2) by a law enforcement officer when he has reasonable grounds to believe that the child has committed a delinquent act; (3) by any employee of the Agency authorized t…

(a) A child shall not be placed in detention prior to a factfinding hearing or a dispositional hearing unless he is alleged to be delinquent or in need of supervision and unless it appears from available information that detention is required — (1) to protect the person or proper…

The Director of the Department of Human Services and the Director of Social Services shall ensure that each child at risk who is detained, however briefly, pursuant to section 16-2311(a)(2) or (b)(1) shall be physically separated at all times, except during transportation, from c…

Family Court (a) A person taking a child into custody shall with all reasonable speed — (1) release the child to his parent, guardian, or custodian upon a promise to bring the child before the Division when requested by the Division, unless the child’s placement in detention or s…

The Mayor shall issue rules to implement the provisions of section 16-2309(b) , section 16-2310.01 , section 16-2311(b)(1) , and section 16-2311.01 within 90 days from August 13, 1986. These rules shall be submitted for a 30-day period of review by the Council of the District of …

(a)(1) When a child is not released as provided in section 16-2311 and the child is alleged to be abused or neglected: (A) A guardian ad litem shall be appointed to represent the child’s best interest within 24 hours (excluding Sundays) of the child having been taken into custody…

At intervals no later than 6 months, 18 months, and 30 months after [April 12, 2005], the Agency shall commission an independent process and impact evaluation of the family team meetings authorized in section 16-2312(a-1) and the 72-hour period authorized in section 16-2312(a)(1)…

(a) A child who is alleged to be neglected and who is in custody may be placed at any time prior to disposition, only in — (1) a foster home; (2) a group home, youth shelter, or other appropriate home for nondelinquent children; or (3) another facility for shelter care designated…

(a) At any time after the filing of a delinquency or need of supervision petition and prior to adjudication at a factfinding hearing, the Division may, on motion of the Corporation Counsel or counsel for the child, suspend the proceedings and continue the child under supervision,…

(a)(1) At any time following the filing of a petition, on motion of the Corporation Counsel or counsel for the child, or on its own motion, the Division may order a child to be examined to aid in determining his physical or mental condition. (2) An order for examination under thi…

(a) The Division shall, without a jury, hear and adjudicate cases involving delinquency, need of supervision, or neglect. The Corporation Counsel shall present evidence in support of all petitions arising under this subchapter and otherwise represent the District of Columbia in a…

(a) Except as provided in subsection (b)(3) of this section, a fact finding hearing for a child alleged to be neglected shall be combined with the dispositional hearing. (b) The fact finding and dispositional hearing for a child alleged to be neglected shall be held within the ti…

(a) Except as otherwise provided by statute or court rule, all motions shall be heard at the time of the factfinding hearing. (b) After a factfinding hearing on the allegations in the petition, the Division shall make and file written findings in all cases as to the truth of the …

A consent decree, order of adjudication, or order of disposition in a proceeding under this subchapter is not a conviction of crime and does not impose any civil disability ordinarily resulting from a conviction, except the revocation of a motor vehicle operator’s permit or privi…

(a) After a motion for transfer has been filed, or after the Division has made findings pursuant to section 16-2317(c) sustaining the allegations of a petition and, in neglect cases, the conclusion that the child is neglected, the Division shall direct that a predisposition study…

(a) If a child is found to be neglected, the Division exercising juvenile jurisdiction shall also have jurisdiction over any natural person who is a parent or caretaker of the child to secure the parent or caretaker’s full cooperation and assistance in the entire rehabilitative p…

(a)(1) Upon request of the Corporation Counsel, the victim, or on its own motion, the Division may enter a judgment of restitution in any case in which the court finds a child has committed a delinquent act and during or as a result of the commission of that delinquent act has: (…

(a) If no previous examination has been made under section 16-2315 and the Division, after a factfinding but before a dispositional hearing, has reason to believe that a child has a mental illness or a substantial intellectual disability, it may order an examination as provided i…

(a)(1) A dispositional order vesting legal custody of a neglected child in a department, agency, or institution shall remain in force for an indeterminate period not exceeding two years. Unless the order specifies that release is permitted only by order of the Division, the depar…

(a) When a child has been adjudicated neglected and a dispositional order has been entered by the Division, the Division shall: (1) Hold a review hearing at least every 6 months for every child for as long as the child remains in an out-of-home placement, unless the child has rec…

(a) An order of the Division under this subchapter shall be set aside if — (1) it was obtained by fraud or mistake sufficient to set aside an order or judgment in a civil action; (2) the Division lacked jurisdiction; or (3) newly discovered evidence so requires. (b) Not less than…

Whenever legal custody of a child is vested in any agency or individual other than the child’s parent, after due notice to the parent or other persons legally obligated to care for and support the child and after hearing, the Division may, at the dispositional hearing or thereaft…

(a) In any proceedings under this chapter, the court shall enter an order specifically requiring a parent or guardian to participate in the rehabilitation process of a juvenile, including, but not limited to, mandatory attendance at a juvenile proceeding, parenting class, counsel…

The Chief Judge of the Superior Court of the District of Columbia shall submit to the Council a semiannual report detailing the number of respondents in delinquency cases who fail to appear before any court or judicial official as required and the percentage that represents of th…

(a) If, at the dispositional hearing or thereafter, the Division finds, after due notice and a hearing, that the parent or other person legally obligated to care for and support a child subject to proceedings under this subchapter is financially able to pay, the Division may orde…

(a)(1) Except as provided for by subsections (b) and (e), an attorney representing a person who is financially unable to obtain legal counsel in a neglect proceeding or appointed to serve as counsel or guardian ad litem for a child who is the subject of a neglect proceeding shall…

(a) If a child on probation incident to an adjudication of delinquency or need of supervision violates any term of his probation he may be proceeded against in a probation revocation hearing. (b) A proceeding to revoke probation shall be commenced by the filing of a revocation pe…

(a) A child who has been ordered transferred for criminal prosecution under section 16-2307 or detained or placed in shelter care or subjected to conditions of release under section 16-2312, may, within two days of the date of entry of the Division’s order, file a notice of inter…

(a) Except as otherwise expressly provided by law, in all hearings and cases tried before the Division pursuant to this subchapter, the judgment of the Division is final. (b) In all appeals from decisions of the Division with respect to a child alleged to be neglected, delinquent…

(a) In all proceedings in the Division, time limitations shall be reasonably construed by the Division for the protection of the community and of the child. (b) The following periods shall be excluded in computing the time limits established for proceedings under this subchapter:…

(a) For the purposes of this section, the term “juvenile case records” means the following records of a case over which the Family Court has jurisdiction under section 11-1101(13): (1) Notices filed with the court by an arresting officer pursuant to this subchapter; (2) The docke…

(a) For the purposes of this section, the term “juvenile social records” means all social records made with respect to a child in any proceedings over which the Family Court has jurisdiction under section 11-1101(13), including preliminary inquiries, predisposition studies, and e…

(a) Except as otherwise provided in this section and in section 16-2333.01, law enforcement records and files concerning a child shall not be open to public inspection nor shall their contents or existence be disclosed to the public unless: (1) A charge of delinquency is transfer…

(a) An official of the Family Court, the Department of Youth Rehabilitation Services, or the Metropolitan Police Department may disclose information (but not records) about a juvenile otherwise protected from disclosure under sections 16-2331, 16-2332, and 16-2333 in accordance w…

(a) For the purposes of this section, the term “abscondence” means the status of a youth who is in the custody of the Department and: (1) Has escaped from detention at New Beginnings or the Youth Services Center and for whom the Department has requested a custody order from the c…

(a) The contents or existence of law enforcement records and files of the fingerprints of a child shall not be disclosed by the custodians thereof, except— (1) to a law enforcement officer of the United States, the District of Columbia, or other jurisdiction for purposes of the i…

(a) On motion of a person who has been the subject of a petition filed pursuant to section 16-2305, or on the Division’s own motion, the Division shall vacate its order and findings and shall order the sealing of the case and social records referred to in sections 16-2331 and 16-…

(a) A person adjudicated delinquent in the Superior Court may move the court to vacate the adjudication or to grant a new factfinding hearing on grounds of actual innocence based on new evidence. (b) Notwithstanding the time limits in any other provision of law, a motion for reli…