B 25-0386 — Vulnerable Youth Guardianship Protection Temporary Amendment Act of 2023

ENGROSSEDENROLLED ORIGINAL AAN BILLACT 3______________ 25-386 5 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 7___________________________ __________________ 9 To amend, on a temporary basis, Chapter 3 of Title 13 of the District of Columbia Official Code,Code to includeprovide appointments of a vulnerable youth guardian under legal actions that publication may havebe publishedsubstituted noticefor in substitution of personal service of process,process andfor toappointments 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 newvulnerable classyouth ofguardian legalin guardianshipcertain forcircumstances; vulnerable youth.

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.

ENGROSSED ORIGINAL “(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.”.

(a) The table of contents is amended by adding athe newfollowing designationat forthe Subchapterend: VI to read as follows:

ENROLLED ORIGINAL Ҥ 16-2399.04.

ENGROSSED ORIGINAL Ҥ 16-2399.01.

(2)“(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.

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

“(3)“(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 entityentity, 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.

“(4)“(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.

“(5)“(6) “Vulnerable youth” means an unmarried noncitizen who is at least 18 but younger than 21 years old.

ENGROSSED ORIGINAL “(a) A vulnerable youth or proposed guardian may file a petition with the Family Division of the Superior Court to appoint a guardian under this subchapter.

ENROLLED ORIGINAL “(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;

ENGROSSED ORIGINAL “(4)Thequality oftheinteractionandinterrelationship ofthevulnerableyouth with his or her parents, siblings, relatives, and caretakers, including the proposed guardian;

ENGROSSED ORIGINAL “(b) All hearings and proceedings conducted pursuant to this subchapter shall be recorded by appropriate means.

ENROLLED ORIGINAL “(e) All evidence which is relevant, material, and competent to the issues before the court shall be admitted.

“(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 ENGROSSED ORIGINAL youth’s best interests.

“(3)That reunification of thevulnerableyouth with oneorboth parents is not viable due to abuse, abandonment, neglectneglect, or similar basis under District law;

ENGROSSED ORIGINAL “(c) The court may,upon motion ofaparty,modify orterminate aguardianship order when the modification or termination of the guardianship order is in the vulnerable youth’s best interests.

“§ 16-2399.08 Effect of guardianship orderorder. “(a) Unless the court specifies other rights and responsibilities, the guardian shall have the following rights and responsibilities concerning the vulnerable youth:

“(1)“(a) TheUnless guardianthe shallcourt ensurespecifies thatother rights and responsibilities, the legalguardian rightsshall ofhave the vulnerablefollowing youthrights areand notresponsibilities violated;concerning the vulnerable youth:

ENROLLED ORIGINAL “(1) The guardian shall ensure that the legal rights of the vulnerable youth are not violated;

ENGROSSED ORIGINAL Ҥ 16-2409.

(a) 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), a 30-day period of Congressionalcongressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved ENROLLED ORIGINAL December 24, 1973 (87 Stat.

______________________________ Chairman Council of the District of Columbia _________________________________ Mayor District of Columbia 6