Bill Summary – FastDemocracy

ENROLLED ORIGINAL

                                             AN ACT

                                     ___________________

                   IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

                                ____________________________

To amend Chapter 3 of Title 13 of the District of Columbia Official Code to provide that

      publication may be substituted for personal service of process for appointments of a

      vulnerable youth guardian in certain circumstances; and to amend Chapter 23 of Title 16

      of the District of Columbia Official Code to authorize the Family Division of the

      Superior Court to appoint, modify, and terminate a new class of legal guardianship for

      vulnerable youth.

       BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

act may be cited as the “Vulnerable Youth Guardianship Protection Amendment Act of 2024”.

        Sec. 2. Section 13-336(b) of the District of Columbia Official Code is amended as

follows:

        (a) Paragraph (7) is amended by striking the phrase “; and” and inserting a semicolon in

its place.

        (b) Paragraph (8) is amended by striking the period and inserting the phrase “; and” in its

place.

        (c) A new paragraph (9) is added to read as follows:

                “(9) actions for the appointment of a vulnerable youth guardian under Subchapter

VI of Chapter 23 of Title 16 of the District of Columbia Official Code.”.

       Sec. 3. Chapter 23 of Title 16 of the District of Columbia Official Code is amended as

follows:

       (a) The table of contents is amended by adding the following at the end:

        “Subchapter VI. Vulnerable Youth Guardian.

        “§ 16-2399.01. Definitions.

        “§ 16-2399.02. Guardianship petition.

        “§ 16-2399.03. Parties.

        “§ 16-2399.04. Timing and notice.

        “§ 16-2399.05. Conduct of hearings.

        “§ 16-2399.06. Adjudicatory hearings.

        “§ 16-2399.07. Order appointing a guardian of a vulnerable youth.

                                                 1

                                                                       ENROLLED ORIGINAL

         “§ 16-2399.08. Effect of guardianship order

         “§ 16-2399.09. Additional available remedies.”.

        (b) A new Subchapter VI is added to read as follows:

        “Subchapter VI. Vulnerable Youth Guardian.

        “§ 16-2399.01. Definitions.

        “(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 guardian’s rights and responsibilities concerning the care and

custody of the vulnerable youth.

                “(3) “Noncitizen” means a person who is not a United States citizen.

                “(4) “Proposed guardian” means a person seeking to be appointed guardian of a

vulnerable youth. The term “proposed guardian” includes a business or nonprofit entity, public

corporation, government or governmental subdivision, agency, or instrumentality, or other legal

entity whether or not a citizen or domiciliary of the District of Columbia and whether or not

organized under the laws of the District of Columbia.

                “(5) “Similar basis” means conditions that have an effect on a vulnerable youth

comparable to abuse, neglect, or abandonment, including the death of a parent.

                “(6) “Vulnerable youth” means an unmarried noncitizen who is at least 18 but

younger than 21 years old.

        “(b) Except when inconsistent with this subchapter, the terms found in this subchapter

shall have the same meaning as provided in §16-2301.

        “§ 16-2399.02. Guardianship petition.

        “(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) Reunification of the vulnerable youth with one or both parents is not viable

due to abuse, neglect, abandonment, or a similar basis under District law; and

                “(3) It is not in the best interests of the vulnerable youth to be returned to the

vulnerable youth’s or vulnerable youth’s previous parents’ country of nationality or country of

last habitual residence.

        “(b) The court shall determine whether it is in the vulnerable youth’s best interests that a

guardian be appointed by considering:

                “(1) The vulnerable youth’s need for continuity of care and caretakers, and for

timely integration into a stable home, taking into account the differences in the development and

the concept of time of youth of different ages and nationalities;

                                                 2

                                                                         ENROLLED ORIGINAL

                  “(2) The physical, mental, and emotional health of all individuals involved to the

degree that each affects the welfare of the vulnerable youth, the decisive consideration in regard

to this factor being the physical, mental, and emotional needs of the vulnerable youth;

                  “(3) Access to stability, safety, supports or services to remedy the impacts of prior

abuse, abandonment, neglect, or a similar basis under District law;

                  “(4) The quality of the interaction and interrelationship of the vulnerable youth

with his or her parents, siblings, relatives, and caretakers, including the proposed guardian; and

                  “(5) The vulnerable youth’s opinion of their own best interest.

         “(c) No fees shall be charged for a petition filed under this subchapter.

         “§ 16-2399.03. Parties.

         “Parties 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

proceeding.

         “§ 16-2399.04 Timing and notice.

         “(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 disposition of the case, the court may direct the

service of a summons upon other persons.

         “(c) If personal service under this section cannot be effected, then notice shall be made

constructively pursuant to rules of the Superior Court of the District of Columbia.

         “16-2399.05. Conduct of the hearings.

         “(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.

         “16-2399.06. Adjudicatory hearings.

         “(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 by the parties and the burden of proof shall

rest upon the proposed guardian or vulnerable youth.

         “(d) Every party shall have the right to present evidence, to be heard on his or her own

behalf, and to cross-examine witnesses called by another party.

         “(e) All evidence which is relevant, material, and competent to the issues before the court

shall be admitted.

         “(f) Notwithstanding the provisions of §§ 14-306 and 14-307, neither the spouse or

domestic partner privilege nor the physician/client or mental health professional/client privilege

shall be a ground for excluding evidence in any proceeding brought under this subchapter.

                                                  3

                                                                         ENROLLED ORIGINAL

        “(g) The court may enter, modify, or terminate a guardianship order after considering all

of the evidence presented, and after making a determination based upon a preponderance of the

evidence that creation, modification, or termination of the guardianship order is in the vulnerable

youth’s best interests. If the court does not find that sufficient grounds exist to create, modify, or

terminate a guardianship order, the petition may be dismissed.

        “§ 16-2399.07. Order appointing a guardian of a vulnerable youth.

        “(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 the guardianship is established, upon request by the proposed guardian or the

vulnerable youth, the court shall, if the court finds that the allegations in the petition pursuant to

§16-2399.02(a) are supported by a preponderance of the evidence, enter a guardianship order

containing the following judicial determinations supported by relevant statutory citations and

findings of fact:

                “(1) Where the identity is known, the specific identity of the parent or parents;

                “(2) That the vulnerable youth is dependent on the court and has been placed

under the care and custody of an individual or entity appointed by the court through the

appointment of a guardian;

                “(3) That reunification of the vulnerable youth with one or both parents is not

viable due to abuse, abandonment, neglect or similar basis under District law; and

                “(4) That it is not in the best interest of the vulnerable youth to be returned to the

vulnerable youth or vulnerable youth’s parents’ country of nationality or last habitual residence.

        “(c) The court may, upon motion of a party, modify or terminate a guardianship order

when the modification or termination of the guardianship order is in the vulnerable youth’s best

interests.

        “(d) The entry of a guardianship order under this subchapter shall not impinge on the

vulnerable youth’s fundamental rights to make their own medical, educational, financial, or other

such decisions.

        “(e) A guardianship order entered under this subchapter shall automatically terminate

when the youth reaches age 21.

        “§ 16-2399.08 Effect of guardianship order.

        “(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 shall provide care and support to the vulnerable youth to

promote the youth's stability and wellness; and

                “(3) The guardianship will promote the physical, mental, and emotional health of

the vulnerable youth.

                                                  4

                                                                        ENROLLED ORIGINAL

        “(b) The guardian shall not be liable to third persons by reason of the relationship for acts

of the vulnerable youth.

        “§ 16-2409. Additional available remedies.

        “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 other proceeding concerning a noncitizen under age 18.”.

       Sec. 4. Fiscal impact statement.

       The Council adopts the fiscal impact statement in the committee report as the fiscal

impact statement required by section 4a of the General Legislative Procedures Act of 1975,

approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

       Sec. 5. Effective date.

       This act shall take effect following approval by the Mayor (or in the event of veto by the

Mayor, action by the Council to override the veto), and a 30-day period of congressional review

as provided in sections 602(c)(1) of the District of Columbia Home Rule Act, approved

December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)).

               ______________________________

               Chairman

               Council of the District of Columbia

_________________________________

Mayor

District of Columbia

                                                  5