B 23-0480 — Standby Guardian Congressional Review Emergency Amendment Act of 2019

ENROLLED ORIGINAL AN ACT D.C.________________ IN THE COUNCIL OF THE DISTRICT OF COLUMBIA _________________________ To amend, on an emergency basis, due to congressional review, 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, to make short-term plans for a child without terminating or limiting that person’s parental or custodial rights.

ACTBE 23-141IT INENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIACOLUMBIA, ocToBERThat 23t2019this Toact amend, on an emergency basis, due to congressional review, Chapter 48 of Title16 of the Districtof Columbia Official Code to expand the standby guardianship law to enable a parent, legalguardian, or legalcustodian who is,or may be subjectcited toanas adversethe immigration“Standby action,Guardian toCongressional makeReview short-termEmergency plansAmendment forAct aof childwithout2019”. terminating or limiting thatperson's parental or custodial rights.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited asthe "Standby Guardian Congressional Review Emergency Amendment Act of 2019".

2.Chapter2. 48 ofTitle 16 of the District ofColumbia OfficialCode is amended as follows:

(a)SectionChapter 16-480148 of Title 16 of the District of Columbia Official Code is amended as follows:

(l)Paragraph(a) (l)Section 16-4801 is amended byas strikingfollows: the phrase "or who isperiodically incapable ofcaring for the needs ofa child due to the parent's incapacity or debilitationresulting from illness," and inserting the phrase "who is periodically incapable ofcaring for the needs ofa child due to the parent's incapacity or debilitation resultingfrom illness,orwho may be subject to an adverse immigration action," in itsplace.

(2)Paragraph(1) (2)Paragraph isamended(1) is amended by striking"illparents"striking the phrase “or who is periodically incapable of caring for the needs of a child due to the parent’s incapacity or debilitation resulting from illness,” and inserting "parentsthe phrase “who is periodically incapable of caring for the needs of a child due to the parent’s incapacity or debilitation resulting from illness, or who may be illor subject to an adverse immigration action"action,” in itslace.its place.

(b)(2) SectionParagraph l6-4802(2) isamendedis asamended follows:by striking “ill parents” and inserting “parents who may be ill or subject to an adverse immigration action” in its place.

(l)(b) (1)Section (lA).16-4802 is amended as follows:

Paragraph(1) isredesignated as Paragraph (2)A(1) newis paragraphredesignated (l) isadded toread as follows:Paragraph (1A).

"(l)"Adverse(2) immigrationA action"new includesparagraph any(1) ofis theadded following:to read as follows:

"(A)“(1) Anest“Adverse orimmigration apprehensionaction” byincludes any local,state,or federal Iaw enforcement officerfor an alleged violation of federalthe immigrationfollowing: law;

"(B)“(A) Arrest,detention,Arrest or custodyapprehension by theany Departmentlocal, ofstate, Homeland Security or afederal federal,law stateorenforcement Iocalofficer agencyfor authorizedan oralleged actingviolation on behalf ofthe Department of Homelandfederal Security;immigration law;

I“(B) EI\IROLLEDArrest, ORIGINALdetention, "(C)or Deparnrecustody fromby the UnitedDepartment Statesof underHomeland anSecurity orderor ofremoval,a deportation,federal, exclusion,state, voluntaryor departure,local agency authorized or expeditedacting removal,on orbehalf astipulationof the Department of voluntaryHomeland departure;Security;

"(D)ENROLLED TheORIGINAL denial,“(C) revocation,Departure orfrom delaythe oftleUnited issuanceStates ofaunder visaan order of removal, deportation, exclusion, voluntary departure, or transportationexpedited letterbyremoval, theor Deparhnenta stipulation of State;voluntary departure;

'(E)“(D) The denial, revocation, or delayofdelay of the issuance of a parolevisa document or reentrytransportation permitletter by the DepartrnentDepartment ofHomelandof Security;State;

or“(E) "(F) The denialdenial, ofrevocation, admission or entrydelay intoof the Unitedissuance States by the Department of Homelanda Securityparole document or otherreentry localorpermit stateofficerby acting on behalf of the DeparhnentDepartment of Homeland Security.".Security;

(2)or Paragraph“(F) (8)isThe amendeddenial byof strikingadmission thephraseor .,whoentry hasinto beenthe diagnosed,United inStates writing, by athe licensedDepartment clinicianof toHomeland sufferfromSecurity aor chronicother conditionlocal caused by injury,disease, or illnessstate fromofficer whiclr,acting toon areasonablebehalf degreeof ofprobability, the designatorDepartment mayof notHomeland iecover.',Security.”. and inserting a period in itsplace.

(2) Paragraph (8) is amended by striking the phrase “, who has been diagnosed, in writing, by a licensed clinician to suffer from a chronic condition caused by injury, disease, or illness from which, to a reasonable degree of probability, the designator may not recover.” and inserting a period in its place.

"(13)“(13) "Triggering“Triggering event"event” means any of the following events:

"(A)“(A) The designator is subject toanto an adverse irrunigrationaction;immigration action;

or "(B)“(B) The designator has been diagnosed, in writing, by a licensed clinician to suffer from a chronic condition caused by injury,disease,injury, disease, or illnessfromillness from which, to a reasonable degree ofprobability,of probability, the designator may not recover and the designator:

''(lBecomes“(1) Becomes debilitated, with the designator'swriuendesignator's written acknowledgement of debilitationanddebilitation and consent to commencement oftheof the standby guardianship;

''(2)ecomes“(2) Becomes incapacitated asdeterminedas determined by an attending clinician;

or ''(3Dies.".“(3) Dies.”.

(c) Section 16-4804(a) isamendedis amended by shikingstriking the phrase ..thedesignator's“the health,'designator’s health” and inserting the phrase "the“the designator'sdesignator’s health or immigration status"instatus” itsplace.in its place.

(d) Section l6-4805@)16-4805(b) is amended as follows:

(1)Paragraph(1) (3)isParagraph (3) is amended asfollows:as follows:

(A) Subparagraph (B) isamendedis amended by stikingstriking the phrase ..;or"“; and inserting a semicolon in itsplace;

@)or” Subparagraphand (C)inserting isamendeda by striking the semicolon andin insertingits theplace; phrase ":

or"(B) inSubparagraph itplace;(C) is amended by striking the semicolon and inserting the phrase “;

andor” (C)in Aits newplace; subparagraph (D) isadded to read as follows:

"@)and Al(C) adverseA immigra.tionnew actionsubparagraph againsl(D) 19designator.,,.is added to read as follows:

(2)Paragraph“(D) (a)An is amended by shiking the phrase ..thatthe designator suffers,, and inserting the phrase "that the designator experienced an adverse immigration action suffers".against the designator.”.

or(2) (3)AParagraph new(4) paragraphis (7A)amended isby insertedtostriking readthe asphrase follows:“that the designator suffers” and inserting the phrase “that the designator experienced an adverse immigration action or suffers”.

EI{ROLLED(3) ORIGINALA "(7A)new Ifanparagraph adverse(7A) immigration action is thetriggeringinserted event,to documentationread demonshatingas thatanfollows: adverse immigration action occurred;,'.

(e)ENROLLED SectionORIGINAL l6-4806“(7A) If an adverse immigration action is amendedthe asfollows:triggering event, documentation demonstrating that an adverse immigration action occurred;”.

(1)(e) SubsectionSection (b)is16-4806 amended by striking the phrase,.or dies." and inserting the phrase "dies,or is subjectamended toanas adversefollows: immigration action.,'initsplace.

(2)(1) Subsection (c)is(b) is amended asby follows:striking the phrase “or dies.” and inserting the phrase “dies, or is subject to an adverse immigration action.” in its place.

..;(2) Subsection (c) is amended as follows: