ENROLLED ORIGINAL
AN ACT
_________
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
__________________
To amend, on an emergency basis, Chapter 3 of Title 13 of the District of Columbia Official
Code, to include appointments of a vulnerable youth guardian under legal actions that
may have published notice in substitution of personal service of process, 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 Emergency 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.
Ҥ 16-2399.01. Definitions.
Ҥ 16-2399.02. Guardianship petition.
Ҥ 16-2399.03. Parties.
Ҥ 16-2399.04. Timing and notice.
Ҥ 16-2399.05. Conduct of hearings.
Ҥ 16-2399.06. Adjudicatory hearings.
1
 ENROLLED ORIGINAL
Ҥ 16-2399.07. Order appointing a guardian of a vulnerable youth.
Ҥ 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.
Ҥ 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.
Ҥ 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.
Ҥ 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.
Ҥ 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.
Ҥ 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.
Ҥ 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.
Ҥ 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 of the Budget Director 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 shall remain in effect for no longer than
90 days, as provided for emergency acts of the Council of the District of Columbia in section
412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
D.C. Official Code § 1-204.12(a)).
______________________________
Chairman
Council of the District of Columbia
_________________________________
Mayor
District of Columbia
5