D.C. Code § 4-1301.02
For the purposes of this subchapter:
(1)
(A) "Abused", when used in reference to a child, means:
(ii) Sexual abuse, which shall include:
(B) Nothing in this paragraph shall be construed as preventing or intending to prevent:
(3) “Case plan” means a written document concerning a child that includes at least the following:
(E) If the child’s permanent plan is adoption or placement in another permanent home, documentation of the steps (including child specific recruitment efforts) taken to accomplish the following:
(F) In the case of a child with respect to whom the permanency plan is placement with a relative and receipt of kinship guardianship assistance payments under § 16-2399, a description of the:
(G) A plan for ensuring the educational stability of the child while in foster care, including:
(ii)
(9) “Entry into foster care” means the earlier of:
(10) “Family preservation services” means services for children and families who are at risk of abuse or neglect, or in crisis, including:
(11) “Family support services” means community-based services to promote the safety and well-being of children and families, and designed to:
(14) “Kinship caregiver” means an individual who:
(D) Either:
(15A) "Neglected child" means a child who is a:
(20) “Time-limited family reunification services” means services and activities provided to a committed child and to the child’s parent, guardian, or custodian in order to facilitate the safe, appropriate, and timely reunification of the child during the 15 months following the child’s entry into foster care. Time-limited family reunification services include:
Section 7011 of D.C. Law 20-61 repealed D.C. Law 18-228, § 3.
Section 601 of D.C. Law 19-141, as amended by D.C. Law 20-61, § 4112, provided that §§ 302(b)(1)(A) and (C) and 304(b)(1)(D) of D.C. Law 19-141 shall apply to public charter schools upon the inclusion of their fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register. Section 302(b)(1)(A) of D.C. Law 19-141 added § 38-203(i)(A-i); Section 302(b)(1)(C) of D.C. Law 19-141 added § 38-203(i)(B-i); and Section 304(b)(1)(D) of D.C. Law 19-141 added 5 DCMR § A2103(c)(6).
Section 601 of D.C. Law 19-141 originally provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan. Section 601 of D.C. Law 19-141, as amended by D.C. Law 19-168, § 7004, provided that the applicability of only §§ 302(b)(1), 304, and 502(a) are contingent upon the inclusion of their fiscal effect in an approved budget and financial plan.
Section 3 of D.C. Law 18-228 provided: “Sec. 3. Applicability. This act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan.”
For applicability of D.C. Law 13-277, see note following § 4-1303.01a.
Application of Law 14-206: Section 16(b) of D.C. Law 14-310 provided that section 2(a)(2), (4), (5), (6), and (7), (b), (c), (d), (e), (h), (i), (j), (k), and (l) of D.C. 14-206 shall apply as of October 1, 2003.
Section 7001 of D.C. Law 20-61 provided that Subtitle A of Title VII of the act may be cited as the “Subject to Appropriations Repealers Amendment Act of 2013”.
Section 4111 of D.C. Law 20-61 provided that Subtitle K of Title IV of the act may be cited as the “South Capitol Street Memorial Amendment Act of 2013”.
Sept. 23, 1977, D.C. Law 2-22, title I, § 102, 24 DCR 3341
Mar. 15, 1990, D.C. Law 8-87, § 3(a), 37 DCR 50
June 27, 2000, D.C. Law 13-136, § 201(a), 47 DCR 2850
Apr. 4, 2001, D.C. Law 13-277, § 2(a), 48 DCR 2043
Oct. 19, 2002, D.C. Law 14-206, § 2(a), 49 DCR 7815
Apr. 12, 2005, D.C. Law 15-341, § 2(a), 52 DCR 2315
Apr. 13, 2005, D.C. Law 15-354, § 96, 52 DCR 2638
Mar. 2, 2007, D.C. Law 16-191, § 20, 53 DCR 6794
Sept. 12, 2008, D.C. Law 17-231, § 12, 55 DCR 6758
May 27, 2010, D.C. Law 18-162, § 2(a), 57 DCR 3029
Sept. 24, 2010, D.C. Law 18-228, § 2(a), 57 DCR 6926
Mar. 12, 2011, D.C. Law 18-312, § 2(a), 57 DCR 12398
June 7, 2012, D.C. Law 19-141, § 505(a), 59 DCR 3083
Oct. 8, 2016, D.C. Law 21-160, § 5102(a)
May 10, 2019, D.C. Law 22-313, § 7
Mar. 21, 2025, D.C. Law 25-299, § 2(a)
“Title IV of this act”, referenced in par. (2A), is title IV of Law 2-22, which is codified to 16-2304, 16-2310, 16-2313, 16-2315, 16-2319, 16-2320, 16-2323 to 16-2338, and 16-2351 to 16-2365.
For temporary (90 days) amendment of this section, see § 2(a) of the Supporting Normalcy and Empowering Children in Foster Care Emergency Amendment Act of 2016 (D.C. Act 21-333, Mar. 16, 2016, 63 DCR 4306).
For temporary (90 days) amendment of this section, see § 2(a) of the Encouraging Foster Children To Have Connections with Siblings Emergency Amendment Act of 2015 (D.C. Act 21-240, Dec. 21, 2015, 63 DCR 11).
For temporary (90 days) repeal of D.C. Law 18-228, § 3, see § 7011 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).
For temporary (90 days) repeal of D.C. Law 18-228, § 3, see § 7011 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).
For temporary (90 days) amendment of D.C. Law 19-141, § 601, see § 4112 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).
For temporary (90 days) amendment of D.C. Law 19-141, § 601, see § 4112 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).
For temporary repeal of D.C. Law 18-228, § 3, see § 109 of the Fiscal Year 2013 Budget Support Technical Clarification Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-604, January 14, 2013, 60 DCR 1045), applicable as of January 10, 2013.
For temporary repeal of D.C. Law 18-228, § 3, see § 109 of the Fiscal Year 2013 Budget Support Technical Clarification Emergency Amendment Act of 2012 (D.C. Act 19-482, October 12, 2012, 59 DCR 12478).
For temporary (90 day) amendment of section, see § 2 of Prevention of Child Abuse and Neglect Emergency Amendment Act of 2010 (D.C. Act 18-586, October 20, 2010, 57 DCR 10136).
For temporary (90 day) amendment of section, see § 2 of Prevention of Child Abuse and Neglect Emergency Amendment Act of 2009 (D.C. Act 18-259, January 4, 2010, 57 DCR 337).
For temporary (90 day) delay of the applicability of provisions changing the manner in which the Child and Family Services Agency will process reports of child abuse and neglect, see § 3 of Improved Child Abuse Investigations Technical Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-603, January 7, 2003, 50 DCR 687).
For temporary (90 day) delay of the applicability of provisions changing the manner in which the Child and Family Services Agency will process reports of child abuse and neglect, see § 3 of Improved Child Abuse Investigations Technical Emergency Amendment Act of 2002 (D.C. Act 14-494, October 23, 2002, 49 DCR 9781).
For temporary (90 day) amendment of section, see § 2(a) of the Adoption and Safe Families Compliance Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-451, November 7, 2000, 47 DCR 9399).
For temporary (90-day) amendment of section, see § 2 of the Adoption and Safe Families Compliance Emergency Amendment Act of 2000 (D.C. Act 13-383, July 24, 2000, 47 DCR 6700).
For temporary (90-day) amendment of section, see § 201(a) of the Adoption and Safe Families Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-240, January 11, 2000, 47 DCR 556).
For temporary (90-day) amendment of section, see § 201(a) of the Adoption and Safe Families Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-178, November 2, 1999, 46 DCR 9714).
For temporary (90-day) amendment of section, see § 201(a) of the Adoption and Safe Families Emergency Amendment Act of 1999 (D.C. Act 13-117, July 28, 1999, 46 DCR 6558).
For temporary amendment of section, see § 3 of the Prevention of Child Neglect Emergency Amendment Act of 1994 (D.C. Act 10-288, July 22, 1994, 41 DCR 4992).
For temporary amendment of section, see § 3 of the Prevention of Child Neglect Emergency Amendment Act of 1993 (D.C. Act 10-100, August 9, 1993, 40 DCR 6141).
For temporary (90 days) amendment of this section, see § 2(a) of Supporting Normalcy and Empowering Children in Foster Care Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-419, June 23, 2016, 63 DCR 9005).
For temporary (90 days) amendment of this section, see § 2 of Child Neglect and Sex Trafficking Emergency Amendment Act of 2017 (D.C. Act 22-61, May 17, 2017, 64 DCR 4931).
For temporary (90 days) amendment of this section, see § 2 of Child Neglect and Sex Trafficking Emergency Amendment Act of 2018 (D.C. Act 22-269, Feb. 26, 2018, 65 DCR 2131).
For temporary (90 days) amendment of this section, see § 2 of Child Neglect and Sex Trafficking Emergency Amendment Act of 2018 (D.C. Act 22-555, Dec. 31, 2018, 66 DCR 259).
For temporary (90 days) amendment of this section, see § 2 of Child Neglect and Sex Trafficking Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-48, Apr. 15, 2019, 66 DCR 5303).
For temporary (225 days) amendment of this section, see § 2(a) of the Encouraging Foster Children to Have Connections with Siblings Temporary Amendment Act of 2015 (D.C. Law 21-85, Mar. 9, 2016, 63 DCR 788).
Section 402(b) of D.C. Law 19-226 provided that the act shall expire after 225 days of its having taken effect.
Section 109 of D.C. Law 19-226 repealed D.C. Law 18-228, § 3.
Section 4(b) of D.C. Law 18-298 provided that the act shall expire after 225 days of its having taken effect.
“(II) If remaining in the school the child is enrolled in at the time of placement is not in the best interests of the child, assurances by the Agency and the local educational agencies to provide immediate and appropriate enrollment in a new school, with all of the educational records of the child provided to the school.”.
“(ii)(I) An assurance that the Agency has coordinated with appropriate local educational agencies, as defined under section 601(f) of the Elementary and Secondary Education Act of 1965, approved April 11, 1965 (79 Stat. 27; 20 USC § 7801)), to ensure that the child remains in the school in which the child is enrolled at the time of placement; or
“(i) Assurances that the placement of the child in foster care takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement; and
“(G) A plan for ensuring the educational stability of the child while in foster care, including:
“(vi) Efforts made to discuss with the child’s parent the kinship guardianship-assistance arrangement, or the reasons the efforts were not made; and
“(v) Efforts made to discuss adoption by the child’s relative foster parent as a more permanent alternative to legal guardianship and, in the case of a relative foster parent who has chosen not to pursue adoption, documentation of the reasons therefore; and
“(iv) Ways in which the child meets the eligibility requirements for a kinship guardianship-assistance payment;
“(iii) Reasons a permanent placement with a fit and willing relative through a kinship guardianship-assistance arrangement is in the child’s best interests;
“(ii) Reasons for any separation of siblings during placement;
“(i) Steps taken to determine that it is not appropriate for the child to be returned home or adopted;
“(F) In the case of a child with respect to whom the permanency plan is placement with a relative and receipt of kinship guardianship assistance payments under D.C. Official Code § 16-2399, a description of the:
Section 2 of D.C. Law 18-298 added pars. (3)(F) and (G) to read as follows:
Section 4(b) of D.C. Law 18-136 provided that the act shall expire after 225 days of its having taken effect.
Section 2 of D.C. Law 18-136, in par. (3), added subpars. (F) and (G) to read as follows:
For temporary (225 day) amendment of section, see § 3(b) of Improved Child Abuse Investigations Technical Temporary Amendment Act of 2002 (D.C. Law 14-240, March 25, 2003, law notification 50 DCR 2753).
For temporary (225 day) amendment of section, see § 2(a) of Adoption and Safe Families Compliance Temporary Amendment Act of 2000 (D.C. Law 13-193, October 21, 2000, law notification 47 DCR 8983).
For temporary (225 day) amendment of section, see § 201(a) of Adoption and Safe Families Temporary Amendment Act of 1999 (D.C. Law 13-56, March 7, 2000, law notification 47 DCR 1978).
For temporary (225 day) amendment of section, see § 3 of Prevention of Child Neglect Temporary Amendment Act of 1993 (D.C. Law 10-61, November 20, 1993, law notification 40 DCR 8454).
For temporary (225 days) amendment of this section, see § 2(a) of Supporting Normalcy and Empowering Children in Foster Care Temporary Amendment Act of 2016 (D.C. Law 21-123, June 17, 2016, 63 DCR 6866).
For temporary (225 days) amendment of this section, see § 2 of Child Neglect and Sex Trafficking Temporary Amendment Act of 2017 (D.C. Law 22-7, July 28, 2017, 64 DCR 5302).
For temporary (225 days) amendment of this section, see § 2 of Child Neglect and Sex Trafficking Temporary Amendment Act of 2018 (D.C. Law 22-100, June 5, 2018, 65 DCR 3769).
D.C. Law 19-141 added pars. (2A-i), (2A-ii), (2A-iii), (15C), and (22).
D.C. Law 18-312 added pars. (3)(F) and (G).
D.C. Law 18-228 added par. (9A).
D.C. Law 18-162 added par. (4A).
D.C. Law 17-231 added par. (6A); and, in pars. (12) and (14)(D)(i), substituted “marriage, domestic partnership,” for “marriage,”.
D.C. Law 16-191, in par. (15B), validated a previously made technical correction.
D.C. Law 15-354, in pars. (13A), (15A), (18), (19A), (20A), and (21), validated previously made technical corrections.
D.C. Law 15-341 added pars. (2B) and (15B).
D.C. Law 14-206 rewrote par. (1); added pars. (12A), (14A), (18A), and (19A); and repealed pars. (17) and (20).
“(6) ‘Division’ means the Child Protective Services Division of the District of Columbia Department of Human Services.”
D.C. Law 13-277 added par. (2A) and rewrote par. (6) which had read:
“(13) ‘Abused,’ when used with reference to a child, means a child whose parent, guardian or custodian inflicts or fails to make reasonable efforts to prevent the infliction of physical or mental injury upon the child, including excessive corporal punishment, an act of sexual abuse, molestation, or exploitation, or an injury that results from exposure to drug-related activity.”
“(12) ‘Law enforcement officer’ means a sworn officer of the Metropolitan Police Department of the District of Columbia.
“(11) ‘Drug-related activity’ means the use, sale, distribution, or manufacture of a drug or drug paraphernalia without a legally valid license or medical prescription.
“(10) ‘Drug’ shall have the same meaning as the term ‘controlled substance’ has in § 33-501(4).
“(9) ‘Unsupported report’ means a report, made pursuant to § 2-1353, which is not supported by credible evidence.
“(8) ‘Supported report’ means a report, made pursuant to § 2-1353, which is supported by credible evidence.
“(7) ‘Source’ means the person or institution from whom a report originates.
“(6) ‘Report’ means a report to the police or the Division of a suspected or known neglected child.
“(5) ‘Police’ means the Metropolitan Police Department of the District of Columbia.
“(4) ‘Guardian ad litem’ means an attorney appointed by the Superior Court of the District of Columbia to represent the child’s best interests in neglect proceedings.
“(3) Except where used in title IV of this act, ‘Division’ means the Child Protective Services Division of the District of Columbia Department of Human Services.
“(2) ‘Credible evidence’ means any evidence which indicates that a child is an abused or neglected child, including the statement of any person worthy of belief.
“(1) ‘Child Protection Register’ means the confidential index of all reports established pursuant to § 6-2111.
“For the purposes of this act:
D.C. Law 13-136 rewrote this section, which formerly read:
1973 Ed., § 6-2101.
1981 Ed., § 6-2101.
This section is referenced in § 2-1402.21, § 4-1301.06b, § 4-1303.03, § 16-914, and § 42-3505.07.