B 26-0400 — Statutory Neglect Amendment Act of 2025

ENGROSSEDENROLLED ORIGINAL AAN BILLACT 3_________________________ 26-400 5 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 8 _________________________ To amend section 230116-2301 of Title 16 of the District of Columbia Official Code to consolidate,consolidate and standardize the statutory definition of neglect, to clarify that neither a parent, guardian, or custodian’s eligibility forfor, or use ofof, public benefits, nor homelessnesshomelessness, or lack of stable housing, alonealone, shall not be sufficient to establish that the parent, guardian, or custodian’s failure to provide adequate care is due to the lack of financial means.

Section 230116-2301 of Title 16 of the District of Columbia Official Code is amended as follows:

(a) Paragraph (9)(A)(9) is amended to read as follows:

“(A)(1) TheSubparagraph term(A) “neglectedis child”amended meansto aread child:as follows:

“(9)(A) The term “neglected child” means a child:

“(ii) who is suffering or is at substantial risk of suffering serious physical, mental, or emotional harm, due to the parent, guardian, or custodian’s failure to provide ENGROSSED ORIGINAL adequate care, including minimally necessary supervision, subsistence, and education as required by law based on a consideration of a totality of the circumstances, and the failure is not solely due to the lack of financial means of his or her parent, guardian, or custodian;

provided, that eligibility forfor, or receipt ofof, public benefitsbenefits, alonealone, shall not be sufficient to establish that the failure is not due solely to the lack of financial means;

ENROLLED ORIGINAL “(v) who is in imminent danger of being abused and another child living in the same household or under the care of the same parent, guardian, or custodian has been abused;

“(vi) [Repealed];Repealed;

or ENGROSSED ORIGINAL “(x) who is regularly exposed to illegal drug-related activity in the home.

“(xi) [Repealed].Repealed.

(b)(2) A new subparagraph (9)(D)(D) is added to read as follows:

“(D) Homelessness or lack of stable housing alone shall not be sufficient to establish that a child is a neglected child.”child.”. (c) Paragraph (23) is amended as follows:

(b) Paragraph (23) is amended as follows:

“(A)“(23)(A) The term “abused”“abused”, when used with reference to a child, includes:

ENGROSSED ORIGINAL (2) Subparagraph (B) is amended to read as follows:

“(I)“(i) whose parent, guardian, or legal custodian has not made reasonable efforts to maintain a parental relationship with the child for a period of at least 4 months;

or “(II)ENROLLED ORIGINAL “(ii) who has resided in a hospital located in the District of Columbia for at least 10 days following the birth of the child and the parent of the child did not undertake any action or make any effort to maintain a parental relationship or contact with the child or hospital.

“(B) The term “abandoned” does not include a child who is surrendered in accordance with Title I of the Newborn Safe Haven Amendment Act of 2010, effective May 27, 2010 (D.C.

The Council adopts the fiscal impact statement in the committee report as the fiscal ENGROSSED ORIGINAL impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat.

___________________________________ Chairman Council of the District of Columbia _________________________________ Mayor District of Columbia 3