B 23-0823 — Standby Guardian Emergency Amendment Act of 2020

_____________________________ENROLLED CouncilmemberORIGINAL BrianneAN K.ACT _____________ IN THE COUNCIL OF THE DISTRICT OF COLUMBIA _________________________ To amend, on an emergency basis, Chapter 48 of Title 16 of the District of Columbia Official Code to expand the standby guardianship law to enable a parent, legal guardian, or legal custodian who is, or may be, subject to an adverse immigration action or who has been exposed to COVID-19 to make short-term plans for a child without terminating or limiting that person’s parental or custodial rights.

Nadeau 4 6 A BILL 8 _________________________ IN THE COUNCIL OF THE DISTRICT OF COLUMBIA _________________________ To amend, on an emergency basis, Chapter 48 of Title 16 of the District of Columbia Official Code to expand the standby guardianship law to enable a parent, legal guardian, or legal custodian who is, or may be, subject to an adverse immigration action or at risk of exposure to COVID-19, to make short-term plans for a child without terminating or limiting that person’s parental or custodial rights.

“(1) “Adverse immigration action” meansincludes any of the following events:

ENROLLED ORIGINAL “(C) Departure from the United States under an order of removal, deportation, exclusion, voluntary departure, or expedited removal, or a stipulation of voluntary departure;

79 “(i) Becomes debilitated, with the designator’s written acknowledgement of debilitation and consent to commencement of the standby guardianship;

ENROLLED ORIGINAL “(ii) Becomes incapacitated as determined by an attending clinician;

or”or”and and inserting a semicolon in its place.

“(D) An adverse immigration action against thethedesignator;”. designator;”.

(2) Paragraph (4) is amended by striking the phrase “that the designator suffers” and inserting the phrase “that the designator experienced an adverse immigration action or suffers”.suffers” in its place.

or” and insertinginsertinga a semicolon in its place.

(B) Paragraph (3) is amended by striking the period and insertinginsertingthe the phrase “;

“(4)“(4)Thedocumentationdemonstratingthat Thedocumentationdemonstratingthatan anadverseadverseimmigrationactionoccurred immigrationactionoccurred against the designator.”.

(3) Subsection (l) is amended by striking the phrase “medically unable to appear” and inserting the phrase “unable to appear for medical reasons or due to an adverse immigration ENROLLED ORIGINAL action” in its place.

This act shall take effect after 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.

______________________________ Chairman Council of the District of Columbia _________________________________ Mayor District of Columbia 4