Title 4 — Public Care Systems.

(a) If a child is adjudicated delinquent and committed to the custody of the District of Columbia Department of Human Services (“DHS”), pursuant to § 16-2320, and DHS, pursuant to Article VI of the Interstate Compact on the Placement of Children (“Compact”) places the child in an…

For the purposes of this chapter, the term: (1) “Authorized Receiving Facility” means a hospital, or other place authorized by the Mayor, by rule, to accept a newborn for surrender pursuant to this chapter. (2) “CFSA” means the Child and Family Services Agency. (3) “Newborn” mean…

(a) Except when there is actual or suspected child abuse or neglect, a custodial parent who is a resident of the District of Columbia may surrenders a newborn in accordance with this chapter and shall have the right to remain anonymous and to leave the place of surrender at any t…

The Mayor shall develop and post uniform signage with a toll-free number to call for further information in a conspicuous place on the exterior of each Authorized Receiving Facility that states in plain terms that a newborn may be surrendered at the facility in accordance with th…

(a) After the surrender of a newborn, an Authorized Receiving Facility that is not a hospital shall transport the newborn to the nearest hospital as soon as transportation can be arranged. (b)(1) The act of surrender shall constitute implied consent for the hospital to which the …

(a) Notwithstanding § 4-1406(b) [(b) repealed], there shall be no 72-hour waiting period prior to relinquishment of parental rights under this chapter. A relinquishment of parental rights shall take place upon surrender. Upon CFSA’s receipt of the statement required by § 4-1451.0…

(a) An Authorized Receiving Facility and the personnel of an Authorized Receiving Facility shall be immune from civil or criminal liability for the good-faith performance of the reporting and placement responsibilities under this chapter, including liability for the failure to fi…

The Mayor shall submit a status report by January 1, 2011, and on January 1 of each year thereafter, to the Council, which shall include the: (1) Number of newborns surrendered; (2) Services provided to surrendered newborns; (3) Outcome of the care provided for each surrendered n…

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of this chapter. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding days of Council recess. If the Council does …

This chapter may be cited as the “Criminal Background Checks for the Protection of Children Act of 2004”.

For the purposes of this chapter, the term: (1) “Applicant” means an individual who has filed a written application for employment with a covered child or youth services provider or an individual who has made an affirmative effort through a written application or a verbal request…

(a) Except as provided in subsections (b), (c), and (d) of this section, the following individuals shall apply for criminal background checks in accordance with the requirements of § 4-1501.05 and any regulations issued pursuant to § 4-1501.11: (1) An applicant who is under consi…

(a) The Mayor may obtain criminal history records maintained by the Federal Bureau of Investigation and the Metropolitan Police Department, and traffic records maintained by the Department of Motor Vehicles, to investigate a person applying for employment, in either a compensated…

(a) The Mayor or the appropriate personnel authority shall conduct criminal background checks, including the fingerprinting of applicants, employees, and volunteers of a District agency required by this section, in accordance with FBI policies and procedures and in an FBI-approve…

(a) The information obtained from the criminal background check shall not create a disqualification or presumption against employment or volunteer status of the applicant unless the Mayor determines that the applicant poses a present danger to children or youth. In making this de…

(a) Within 30 days of December 1, 2004, each District government agency shall submit to the Mayor the positions it has designated as subject to the criminal background check requirements of this chapter, including those of private entities that contract with the District to provi…

The Mayor shall review the information on all proposed covered child or youth services providers submitted pursuant to § 4-1501.06, and any other available information, to make a decision regarding the applicability of this chapter to each child or youth services provider.

All criminal background records received by the Mayor shall be confidential and are for the exclusive use of making employment-related determinations under this chapter. The records shall not be released or otherwise disclosed to any person except when: (1) Required as one compon…

An applicant for employment or a volunteer position with any covered child or youth services provider who intentionally provides false information that is material to the application in the course of applying for the position shall be subject to prosecution pursuant to § 22-2405.

(a) An individual who discloses confidential information in violation of § 4-1501.08 is guilty of a criminal offense and, upon conviction, shall be fined not more than $1,000 or imprisoned for not more than 180 days, or both. (b) Prosecutions for violations of this chapter shall …

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this chapter. The rules shall include: (1) Notice that applicants for employment with, and employees and unsupervised volunteers of, clearly identified covered child or y…

Repealed Repealed.

For the purposes of this chapter, the term: (1) “Adequate notice” means written notice of termination from eligible employment provided within 15 days of termination and separate written confirmation by the provider of eligible employment. (2) “Adjusted gross income” shall have t…

(a) The Office of the Deputy Mayor for Public Safety and Justice shall establish an Access to Justice Initiative program for the purpose of providing support to nonprofit organizations that deliver civil legal services to low-income and under-served District residents and providi…

(a)(1) The Bar Foundation shall provide the Deputy Mayor with: (A)(i) An annual financial audit of the ATJ program prepared by a certified public accountant licensed in the District of Columbia and carried out in accordance with generally accepted auditing standards. The audit ma…

(a) The Deputy Mayor shall award a grant each fiscal year from the budget of the Initiative to the Bar Foundation for the purpose of the Bar Foundation providing support to nonprofit organizations that deliver civil legal services to low-income and under-served District residents…

(a) The District of Columbia Poverty Lawyer Loan Repayment Assistance Program shall provide loan repayment assistance to lawyers working in eligible employment. The LRAP shall be part of and be funded through the Initiative, established pursuant to § 4-1702.01. (b)(1) Funding for…

(a) The Administrator shall: (1) Establish an application and eligibility review process for the LRAP; (2) Conduct a semiannual review of the continued eligibility of participants; (3) Certify a list of eligible employment; and (4) Determine the levels of participant contribution…

(a) To be eligible to participate in the LRAP, an applicant shall, at the time of application and throughout participation in the LRAP: (1) Hold, or actively plan to secure, eligible employment; provided, that a participant shall hold eligible employment before any payments may b…

(a) The Administrator shall award loans to participants during the period of service obligation in accordance with § 4-1704.06. Subject to the availability of funds and within the limits established by subsection (c) of this section, participants shall be granted loans sufficient…

(a) A participant shall: (1) Maintain full-time employment and eligible employment for each year of the service obligation; (2) Sign a promissory note setting forth his or her obligation to the LRAP to repay any assistance loans that are not subsequently forgiven pursuant to § 4-…

(a) The Administrator shall begin to disburse loan repayment assistance within 90 days of the Administrator’s receipt of adequate funds. (b) Subject to the availability of appropriations, loan repayment-assistance payments shall be made not less than semiannually to the participa…

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of this chapter.