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

(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…

The provisions of sections 16-2332 and 16-2333 shall apply to all records and files that are created pursuant to 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 16-2393 shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than the amount set forth in [§…

(a) Any party may move the court to modify, terminate, or enforce a guardianship order or an order of child support created under this subchapter. (b) Notice of a motion to modify, terminate, or enforce a guardianship order or an order of child support shall be personally served …

(a) Nothing under this subchapter shall preclude the permanent guardian from receiving money paid for the child’s support to the child’s parent under the terms of any statutory benefit or insurance system or any private contract, settlement, agreement, court order, devise, trust,…

(a) If it is in the child’s best interests, the court may enter an interlocutory guardianship order, which shall by its terms automatically become a guardianship order on a date therein named, not less than 6 months nor more than one year from the date of entry of the interlocuto…

(a) Upon filing a motion for permanent guardianship pursuant to section 16-2384, the movant may designate and the court shall approve any successor guardian. (b) A successor guardian may be designated or removed after the creation of the permanent guardianship by the filing of a …

(a) To the extent that appropriated funds are available, the Mayor may make subsidy payments to a permanent guardian, irrespective of the permanent guardian’s state of residence, as needed on behalf of a child with special needs where the permanent guardian has the capability of …

(a) For purposes of this subchapter, the term: (1) "Guardian" means a person designated by the court pursuant to this subchapter as the guardian of a vulnerable youth. (2) "Guardianship order" means the court document that establishes legal guardianship and enumerates the guardia…

(a) A vulnerable youth or proposed guardian may file a petition with the Family Court to appoint a guardian under this subchapter. The petition shall name the proposed guardian and describe why: (1) The appointment is in the best interests of the vulnerable youth; (2) Reunificati…

Patries to a guardianship proceeding shall be the vulnerable youth, the proposed guardian, and the vulnerable youth's parents. The court may, at its discretion, on its own motion, or in response to a motion for joinder or intervention, join additional parties to a guardianship pr…

(a) When a petition for guardianship is filed, the court shall promptly set a time for an adjudicatory hearing, as soon as administratively feasible, and shall cause notice thereof to be given to all parties and their attorneys. (b) When it is appropriate to the proper dispositio…

(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.

(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. (b) All parties have the right to present evidence and cross-examine witnesses. (c) The court shall hear evidence presented b…

(a) After consideration of all the relevant, material, and competent evidence, the court, which shall be acting as a juvenile court, shall issue an order establishing a guardianship if the court finds that the guardianship is in the vulnerable youth's best interests. (b) After th…

(a) Unless the court specifies other rights and responsibilities, the guardian shall have the following rights and responsibilities concerning the vulnerable youth: (1) The guardian shall ensure that the legal rights of the vulnerable youth are not violated; (2) The guardian shal…

(a) Nothing in this subchapter shall be construed to prevent: (1) A proposed guardian or vulnerable youth from seeking any other remedy or protections available under District law; or (2) The court from issuing judicial determinations similar to those in §16-2399.07(b) in any oth…

Whoever, being a resident of the District and desiring a change of name, may file an application in the Superior Court setting forth the reasons therefor and also the name desired to be assumed. If the applicant is an infant, the application shall be filed by his parent, guardian…

(a) Upon a showing that the court deems satisfactory, the court may change the name of the applicant according to the prayer of the application. (b)(1) Any District resident may seek a declaration by the Superior Court reflecting a change of gender. The Superior Court shall grant…

(a) When, by an injury done or happening within the limits of the District, the death of a person is caused by the wrongful act, neglect, or default of a person or corporation, and the act, neglect, or default is such as will, if death does not ensue, entitle the person injured, …

An action pursuant to this chapter shall be brought by and in the name of the personal representative of the deceased person, and within 2 years after the death of the person injured.

The damages recovered in an action pursuant to this chapter, except the amount specified by the verdict or judgment covering the reasonable expenses of last illness and burial, may not be appropriated to the payment of the debts or liabilities of the deceased person, but inure to…

For the purposes of this chapter, the term: (1) “Court” means the Superior Court of the District of Columbia. (2) “Healthcare provider” means an individual or entity licensed or otherwise authorized under District law to provide healthcare service, including a hospital, nursing f…

(a) Any person who intends to file an action in the court alleging medical malpractice against a healthcare provider shall notify the intended defendant of his or her action not less than 90 days prior to filing the action. Notice may be given by service on an intended defendant …

If the notice required under § 16-2802 is served within 90 days of the expiration of the applicable statute of limitations, the time for the commencement of the action shall be extended 90 days from the date of the service of the notice.

(a) Section 16-2802 shall not apply to: (1) Any intended defendant whose name is unknown or who was not licensed at the time of the alleged occurrence or is unlicensed at the time notice is given; (2) Any claim that is unknown to the person at the time of filing his or her notice…

After an action is filed in the court against a healthcare provider alleging medical malpractice, the court shall require the parties to enter into mediation, without discovery or, if all parties agree with only limited discovery that will not interfere with the completion of med…

Unless otherwise agreed by the parties, the costs of mediation, if any, shall be equally shared by the parties.

(a) The court shall assign the parties to court-provided mediation and provide a roster of medical malpractice mediators from which the parties may hire an eligible medical malpractice mediator. In the alternative, all parties can agree to hire another individual outside the rost…

(a) For the purposes of this section, the term “a representative with settlement authority” means an individual with control of the financial settlement resources for the case and the authority to pledge those resources to settle the case on behalf of a party. (b) All parties sha…

(a) Each party shall submit a confidential mediation statement to the mediator no later than 10 days prior to the initial mediation session. The parties shall not send copies of the mediation statement to the clerk, the assigned judge, or the other parties. (b) Unless not already…

A mediator’s report shall be filed with the court no later than 10 days after the mediation has terminated, informing the court regarding: (1) Attendance; (2) Whether a settlement was reached; or (3) If a settlement was not reached, any agreements to narrow the scope of the dispu…

(a) The mediation session shall be confidential. All proceedings at the mediation, including any statement made by any party, attorney, or other participant, shall be privileged and shall not be construed as an admission against interest. Any statement at such proceedings shall n…

For the purpose of any civil action or administrative proceeding alleging medical malpractice against a healthcare provider, an expression of sympathy or regret made in writing, orally, or by conduct made by or on behalf of the healthcare provider to a victim of the alleged medic…

(a) In a civil action for personal injury or wrongful death, any estimations, measures, or calculations of past, present, or future damages for lost earnings or impaired earning capacity shall not be reduced based on actual or perceived race, color, religion, national origin, sex…

(a) The Superior Court of the District of Columbia may decree a partition of lands, tenements, or hereditaments on the complaint of a tenant in common, claiming by descent or purchase, or of a joint tenant; or when it appears that the property can not be divided without loss or i…

(a) For the purposes of this subchapter, the term: (1) "Determination of value" means a court order: (A) Determining the fair market value of real property pursuant to § 16-2934 or § 16-2938; or (B) Adopting the valuation of real property agreed to by all cotenants. (2) "Partitio…

(a) Real property shall be partitioned under this subchapter unless all the cotenants agree otherwise in a record. (b) This subchapter shall apply to partition actions filed on or after [February 23, 2023].

(a)(1) A cotenant in a tenancy in common may initiate an action under this subchapter by filing a complaint and shall name all cotenants as defendants. (2) In addition to any persons required to be named as defendants pursuant to paragraph (1) of this subsection, the plaintiff ma…

(a) Except as otherwise provided in subsections (b) through (d) of this section, the court shall determine the fair market value of the real property by ordering an appraisal pursuant to subsection (e) of this section. (b) The court may accept a previously completed appraisal fil…

(a) If any cotenant requested partition by sale, after the determination of value pursuant to § 16-2934, the court shall send notice to the parties that any cotenant, except a cotenant that requested partition by sale, may buy all the interests of the cotenants that requested par…

(a)(1) If no cotenant requested partition by sale, or, if after completion of the procedures described in § 16-2935, a cotenant remains that has requested partition in kind, the court shall order partition in kind unless the court, after consideration of the factors listed in § 1…

(a) In determining pursuant to § 16-2936(a) whether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider the following factors: (1) Whether the real property practicably can be divided among the cotenants; (2) Whether partition i…

(a) If the court orders a sale of real property, the sale shall be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group. (b)(1) If the court orders an open-…