PR 26-0050 — Youth Workforce Development Programs Emergency Declaration Resolution of 2025

CouncilmemberENROLLED AnitaORIGINAL Bonds A RESOLUTION 26-38 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA ____________________February 4, 2025 To declare the existence of an emergency with respect to the need to amend the Mayor’s Youth Leadership Institute Act of 2005 to modify the useauthorized uses of Department of Employment Services funds relatingfor to food and non-alcoholic beverage purchases for workforce development programprograms; participants;

to amend the ChildCriminal andBackground Youth,Checks Safetyfor andthe HealthProtection Omnibusof AmendmentChildren Act of 2004 to expand the definition of a covered child or youth services provider to include employees or volunteers of host employers participating in summer youth programs administered by the Department of Employment Services;

and,and to amend the Youth Employment Act of 1979 to authorize the Department of Employment Services to conduct background checks and motor vehicle record checks of employees or volunteers of a host employer or grantee with direct contact or unsupervised access to youth participating in theyouth employment programs.

(a) ThisThe emergency measure addresses administrative concerns faced by the Department of Employment Services (DOES)(“DOES”) as theyit prepareprepares for the 2025 versions of two2 youth programs:

the Marion Barry Summer Youth Employment Program (MBSYEP)(“MBSYEP”) and the Career Ready Early Scholars Program (CRESP).(“CRESP”).

(b) Each year, DOES asks all host providers to complete background checks for anyone that will be directly supervising ourDistrict youth (ages 9-16) at MBSYEP or CRESP host sites in accordance with the ChildCriminal andBackground Youth,Checks Safetyfor andthe HealthProtection Omnibusof AmendmentChildren Act of 20042004, (CYSHA), effective April 13, 2005 (D.C.

Law 15-353).15-353;

(c)D.C. In the past, the Department of Human Resources (DCHR) has conducted the background checks for DOES.

However,Official recentCode guidance§ from4-1501.01 theet Federalseq.). Bureau of Investigation (FBI) indicates that DCHR is no longer authorized to complete background checks on behalf of DOES since the host site employees are not actual DC government employees.

(d)(c) DOESIn needs the authoritypast, to go to the FBIDepartment andof theHuman MetropolitanResources Police(“DCHR”) Departmenthas (MPD)conducted to get the background checks andfor ensureDOES. the safety of our youth participating in these programs.

However, recent guidance from the Federal Bureau of Investigation (“FBI”) indicates that DCHR is no longer authorized to complete background checks on behalf of DOES because the host site employees are not actual District government employees.

(d) DOES needs the authority to go to the FBI and the Metropolitan Police Department to get the background checks and ensure the safety of District youth participating in these ENROLLED ORIGINAL programs.

Emergency legislation is therefore necessary to ensure theDOES Department can conduct the background checks of those who will be supervising youth this summer.

(f) Moreover, the given that the FY2025Fiscal Year 2025 MBSYEP is already underway, it is also necessary to clarify the permissible useuses of DOES funds asfor it relates to food purchases for program participants on an emergency basis.

ThisThe measureemergency legislation makes it clear that DOES funds shall only be used on food and beverages at those events attended by program participants.

The Council of the District of Columbia determines that the circumstances enumerated in section 2 constitute emergency circumstances making it necessary that the Youth Workforce Development Programs Emergency Amendment Act of 2025 be adopted after a single reading.