Title 4. Public Care Systems. - Chapter 13. Child Abuse and Neglect. - § 4-1301.02. Definitions.


Published: 2012

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§ 4-1301.02. Definitions.

  • Current through October 23, 2012

For the purposes of this subchapter:

(1) "Abused", when used in reference to a child, shall have the same meaning as is provided in § 16-2301(23).

(2) "Adoption promotion and support services" means services and activities designed to encourage more adoptions of committed children, when such adoptions promote the best interest of the children, including such activities as pre-and post-adoptive services and activities designed to expedite the adoption process and support adoptive families.

(2A) Except where used in title IV of this act, "Agency" means the Child and Family Services Agency established by § 4-1303.01a.

(2A-i) "Behavioral health" means a person's overall social, emotional, and psychological well-being and development.

(2A-ii) "Behavioral health assessment" means a more thorough and comprehensive examination by a mental health professional of all behavioral health issues and needs identified during an initial behavioral health screening by which the mental health professional shall identify the type and extent of the behavioral health problem and make recommendations for treatment interventions.

(2A-iii) "Behavioral health screening" means a brief process designed to identify youth who are at risk of having behavioral health disorders that warrant immediate attention, or intervention, or to identify the need for further assessment with a more comprehensive examination.

(2B) "CAC" means Safe Shores, the District of Columbia's Children's Advocacy Center.

(3) "Case plan" means a written document concerning a child that includes at least the following:

(A) A description of the type of home or institution in which the child is to be placed, including a discussion of the safety and appropriateness of the placement and how the agency that is responsible for the child plans to carry out the voluntary placement agreement or judicial determination made with respect to the child;

(B) A plan for assuring that the child receives safe and proper care and that services are available to the parents, child, and foster parents in order to improve conditions in the parents' home, facilitate return of the child to his or her own safe home or to the child's permanent placement, and address the child's needs while a committed child, including the appropriateness of services provided to the child under the plan;

(C) To the extent available and accessible, the child's health and education records;

(D) Where appropriate, for a child 16 years of age or over, a written description of the programs and services which will help the child prepare for the transition from being a committed child to independent living; and

(E) If the child's permanent plan is adoption or placement in another permanent home, documentation of the steps (including child specific recruitment efforts) taken to accomplish the following:

(i) Find an adoptive family or other permanent living arrangement, such as with a legal custodian, with a kinship caregiver, or in independent living;

(ii) Place the child with an adoptive family, a kinship caregiver, a legal custodian, or in another planned permanent living arrangement; and

(iii) Finalize the adoption or legal custody or guardianship.

(F) In the case of a child with respect to whom the permanency plan is placement with a relative and receipt of kinship guardianship assistance payments under § 16-2399, a description of the:

(i) Steps taken to determine that it is not appropriate for the child to be returned home or adopted;

(ii) Reasons for any separation of siblings during placement;

(iii) Reasons a permanent placement with a fit and willing relative through a kinship guardianship-assistance arrangement is in the child's best interests;

(iv) Ways in which the child meets the eligibility requirements for a kinship guardianship-assistance payment;

(v) Efforts made to discuss adoption by the child's relative foster parent as a more permanent alternative to legal guardianship and, in the case of a relative foster parent who has chosen not to pursue adoption, documentation of the reasons therefore; and

(vi) Efforts made to discuss with the child's parent the kinship guardianship-assistance arrangement, or the reasons the efforts were not made; and

(G) A plan for ensuring the educational stability of the child while in foster care, including:

(i) Assurances that the placement of the child in foster care takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement; and

(ii)(I) An assurance that the Agency has coordinated with appropriate local educational agencies, as defined under section 9101(26) of the Elementary and Secondary Education Act of 1965, approved January 8, 2002 (115 Stat. 1425; 20 U.S.C. § 7801(26)), to ensure that the child remains in the school in which the child is enrolled at the time of placement; or

(II) If remaining in the school the child is enrolled in at the time of placement is not in the best interests of the child, assurances by the Agency and the local educational agencies to provide immediate and appropriate enrollment in a new school, with all of the educational records of the child provided to the new school.

(4) "Child Protection Register" means the confidential index of all reports established pursuant to § 4-1302.01.

(4A) "Consumer reporting agency" means a person or entity that assembles or evaluates consumer credit information or other information on consumers for the purpose of furnishing consumer reports and the disclosure of file information to third parties.

(5) "Credible evidence" means any evidence that indicates that a child is an abused or neglected child, including the statement of any person worthy of belief.

(6) "Director" means the Director of the Child and Family Services Agency established by § 4-1302.01.

(6A) "Domestic partnership" shall have the same meaning as provided in § 32- 701(4).

(7) "Drug" shall have the same meaning as the term "controlled substance" has in § 48-901.02(4).

(8) "Drug-related activity" means the use, sale, distribution, or manufacture of a drug or drug paraphernalia without a legally valid license or medical prescription.

(9) "Entry into foster care" means the earlier of:

(A) The date of the first judicial finding that the child has been neglected; or

(B) The date that is 60 days after the date on which the child is removed from the home.

(9A) "Family assessment" means an evaluation, for the purpose of developing a service plan, to determine:

(A) A family's strengths and needs;

(B) The safety of any children in the home, including assessing whether there exists a risk of abuse or neglect of any child, but excludes a determination as to whether a report of abuse or neglect is substantiated, inconclusive, or unfounded;

(C) A family's ability to function as a cohesive unit; and

(D) A family's access to resources.

(10) "Family preservation services" means services for children and families who are at risk of abuse or neglect, or in crisis, including:

(A) Services designed to help children return to families from which they have been removed, or be placed for adoption, where safe and appropriate, with a legal guardian, or, if adoption or legal guardianship is determined not to be safe and appropriate for a child, in another permanent living arrangement;

(B) Replacement prevention services;

(C) Services which provide follow-up care to families to whom a child has returned after commitment;

(D) Respite care services; and

(E) Services designed to improve parenting skills and abilities.

(11) Family support services' means community-based services to promote the safety and well-being of children and families, and designed to:

(A) Increase family strength and stability;

(B) Increase parent confidence and competence;

(C) Afford children safe, stable, and supportive family environments; and

(D) Otherwise enhance child development.

(12) "God parent" means an individual identified by a relative of the child by blood, marriage, domestic partnership, or adoption, in a sworn affidavit, to have close personal or emotional ties with the child or the child's family, which pre-dated the child's placement with the individual.

(13) "Guardian ad litem" means an attorney appointed by the Superior Court of the District of Columbia to represent the child's best interests in neglect proceedings.

(13A) "Inconclusive report" means a report, made pursuant to § 4-1321.03, which cannot be proven to be either substantiated or unfounded.

(14) "Kinship caregiver" means an individual who:

(A) Is approved by the Division to provide kinship care;

(B) Is at least 21 years of age;

(C) Is providing, or is willing to provide for, the day-to-day care of a child; and

(D) Either:

(i) Is a relative of the child by blood, marriage, domestic partnership, or adoption; or

(ii) Is a godparent of the child.

(15) "Law enforcement officer" means a sworn officer of the Metropolitan Police Department of the District of Columbia.

(15A) "Neglected child" shall have the same meaning as is provided in § 16- 2301(9).

(15B) "Panel" means the Citizen Review Panel established by § 4-1303.51.

(15C) "Placement disruption" means an unplanned move necessary to protect the safety and well-being of the youth.

(16) "Police" means the Metropolitan Police Department of the District of Columbia.

(17) "Report" means a report to the police or the Agency of a suspected or known neglected child.

(18) Repealed.

(19) "Source" means the person or institution from whom a report originates.

(19A) "Substantiated report" means a report, made pursuant to § 4-1321.03, which is supported by credible evidence and is not against the weight of the evidence.

(20) "Time-limited family reunification services" means services and activities provided to a committed child and to the child's parent, guardian, or custodian in order to facilitate the safe, appropriate, and timely reunification of the child during the 15 months following the child's entry into foster care. Time-limited family reunification services include:

(A) Individual, group, and family counseling;

(B) Inpatient, residential, or outpatient substance abuse treatment services;

(C) Mental health services;

(D) Assistance to address domestic violence;

(E) Services designed to provide temporary child care and therapeutic services for families; and

(F) Transportation to or from any of the services and activities described in this paragraph.

(20A) "Unfounded report" means a report, made pursuant to § 4-1321.03, which is made maliciously or in bad faith or which has no basis in fact.

(21) Repealed.

(22) "Youth" means an individual under 18 years of age residing in the District and those classified as youth in the custody of the Agency who are 21 years of age or younger.

                                

(Sept. 23, 1977, D.C. Law 2-22, title I, § 102, 24 DCR 3341; Mar. 15, 1990, D.C. Law 8-87, § 3(a), 37 DCR 50; June 27, 2000, D.C. Law 13-136, § 201(a), 47 DCR 2850; Apr. 4, 2001, D.C. Law 13-277, § 2(a), 48 DCR 2043; Oct. 19, 2002, D.C. Law 14-206, § 2(a), 49 DCR 7815; Apr. 12, 2005, D.C. Law 15-341, § 2(a), 52 DCR 2315; Apr. 13, 2005, D.C. Law 15-354, § 96, 52 DCR 2638; Mar. 2, 2007, D.C. Law 16-191, § 20, 53 DCR 6794; Sept. 12, 2008, D.C. Law 17-231, § 12, 55 DCR 6758; May 27, 2010, D.C. Law 18-162, § 2(a), 57 DCR 3029; Sept. 24, 2010, D.C. Law 18-228, § 2(a), 57 DCR 6926; Mar. 12, 2011, D.C. Law 18-312, § 2(a), 57 DCR 12398; June 7, 2012, D.C. Law 19-141, § 505(a), 59 DCR 3083.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 6-2101.

1973 Ed., § 6-2101.

Effect of Amendments

D.C. Law 13-136 rewrote this section, which formerly read:

"For the purposes of this act:

"(1) 'Child Protection Register' means the confidential index of all reports established pursuant to § 6-2111.

"(2) 'Credible evidence' means any evidence which indicates that a child is an abused or neglected child, including the statement of any person worthy of belief.

"(3) Except where used in title IV of this act, 'Division' means the Child Protective Services Division of the District of Columbia Department of Human Services.

"(4) 'Guardian ad litem' means an attorney appointed by the Superior Court of the District of Columbia to represent the child's best interests in neglect proceedings.

"(5) 'Police' means the Metropolitan Police Department of the District of Columbia.

"(6) 'Report' means a report to the police or the Division of a suspected or known neglected child.

"(7) 'Source' means the person or institution from whom a report originates.

"(8) 'Supported report' means a report, made pursuant to § 2-1353, which is supported by credible evidence.

"(9) 'Unsupported report' means a report, made pursuant to § 2-1353, which is not supported by credible evidence.

"(10) 'Drug' shall have the same meaning as the term 'controlled substance' has in § 33-501(4).

"(11) 'Drug-related activity' means the use, sale, distribution, or manufacture of a drug or drug paraphernalia without a legally valid license or medical prescription.

"(12) 'Law enforcement officer' means a sworn officer of the Metropolitan Police Department of the District of Columbia.

"(13) 'Abused,' when used with reference to a child, means a child whose parent, guardian or custodian inflicts or fails to make reasonable efforts to prevent the infliction of physical or mental injury upon the child, including excessive corporal punishment, an act of sexual abuse, molestation, or exploitation, or an injury that results from exposure to drug-related activity."

D.C. Law 13-277 added par. (2A) and rewrote par. (6) which had read:

"(6) 'Division' means the Child Protective Services Division of the District of Columbia Department of Human Services."

D.C. Law 14-206 rewrote par. (1); added pars. (12A), (14A), (18A), and (19A); and repealed pars. (17) and (20). Pars. (1), (17), and (20) had read as follows:

"(1) 'Abused', when used in reference to a child, means a child whose parent, guardian, or custodian inflicts, or fails to make reasonable efforts to prevent the infliction of, physical or mental injury upon the child, including excessive corporal punishment, an act of sexual abuse, molestation, or exploitation, or an injury that results from exposure to drug-related activity.

"(17) 'Report' means a report to the police or the Agency of a suspected or known neglected child.

"(20) 'Time-limited family reunification services' means services and activities provided to a committed child and to the child's parent, guardian, or custodian in order to facilitate the safe, appropriate, and timely reunification of the child during the 15 months following the child's entry into foster care. Time-limited family reunification services include:"

D.C. Law 15-341 added pars. (2B) and (15B).

D.C. Law 15-354, in pars. (13A), (15A), (18), (19A), (20A), and (21), validated previously made technical corrections.

D.C. Law 16-191, in par. (15B), validated a previously made technical correction.

D.C. Law 17-231 added par. (6A); and, in pars. (12) and (14)(D)(i), substituted "marriage, domestic partnership," for "marriage,".

D.C. Law 18-162 added par. (4A).

D.C. Law 18-228 added par. (9A).

D.C. Law 18-312 added pars. (3)(F) and (G).

D.C. Law 19-141 added pars. (2A-i), (2A-ii), (2A-iii), (15C), and (22).

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 3 of Prevention of Child Neglect Temporary Amendment Act of 1993 (D.C. Law 10-61, November 20, 1993, law notification 40 DCR 8454).

For temporary (225 day) amendment of section, see § 201(a) of Adoption and Safe Families Temporary Amendment Act of 1999 (D.C. Law 13-56, March 7, 2000, law notification 47 DCR 1978).

For temporary (225 day) amendment of section, see § 2(a) of Adoption and Safe Families Compliance Temporary Amendment Act of 2000 (D.C. Law 13-193, October 21, 2000, law notification 47 DCR 8983).

For temporary (225 day) amendment of section, see § 3(b) of Improved Child Abuse Investigations Technical Temporary Amendment Act of 2002 (D.C. Law 14- 240, March 25, 2003, law notification 50 DCR 2753).

Section 2 of D.C. Law 18-136, in par. (3), added subpars. (F) and (G) to read as follows:

"(F) In the case of a child with respect to whom the permanency plan is placement with a relative and receipt of kinship guardianship assistance payments under D.C. Official Code § 16-2399, a description of the:

"(i) Steps taken to determine that it is not appropriate for the child to be returned home or adopted;

"(ii) Reasons for any separation of siblings during placement;

"(iii) Reasons a permanent placement with a fit and willing relative through a kinship guardianship-assistance arrangement is in the child's best interests;

"(iv) Ways in which the child meets the eligibility requirements for a kinship guardianship-assistance payment;

"(v) Efforts made to discuss adoption by the child's relative foster parent as a more permanent alternative to legal guardianship and, in the case of a relative foster parent who has chosen not to pursue adoption, documentation of the reasons therefore; and

"(vi) Efforts made to discuss with the child's parent the kinship guardianship-assistance arrangement, or the reasons the efforts were not made; and

"(G) A plan for ensuring the educational stability of the child while in foster care, including:

"(i) Assurances that the placement of the child in foster care takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement; and

"(ii)(I) An assurance that the Agency has coordinated with appropriate local educational agencies, as defined under section 601(f) of the Elementary and Secondary Education Act of 1965, approved April 11, 1965 (79 Stat. 27; 20 USC § 7801)), to ensure that the child remains in the school in which the child is enrolled at the time of placement; or

"(II) If remaining in the school the child is enrolled in at the time of placement is not in the best interests of the child, assurances by the Agency and the local educational agencies to provide immediate and appropriate enrollment in a new school, with all of the educational records of the child provided to the school.".

Section 4(b) of D.C. Law 18-136 provides that the act shall expire after 225 days of its having taken effect.

Section 2 of D.C. Law 18-298 added pars. (3)(F) and (G) to read as follows:

"(F) In the case of a child with respect to whom the permanency plan is placement with a relative and receipt of kinship guardianship assistance payments under D.C. Official Code § 16-2399, a description of the:

"(i) Steps taken to determine that it is not appropriate for the child to be returned home or adopted;

"(ii) Reasons for any separation of siblings during placement;

"(iii) Reasons a permanent placement with a fit and willing relative through a kinship guardianship-assistance arrangement is in the child's best interests;

"(iv) Ways in which the child meets the eligibility requirements for a kinship guardianship-assistance payment;

"(v) Efforts made to discuss adoption by the child's relative foster parent as a more permanent alternative to legal guardianship and, in the case of a relative foster parent who has chosen not to pursue adoption, documentation of the reasons therefore; and

"(vi) Efforts made to discuss with the child's parent the kinship guardianship-assistance arrangement, or the reasons the efforts were not made; and

"(G) A plan for ensuring the educational stability of the child while in foster care, including:

"(i) Assurances that the placement of the child in foster care takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement; and

"(ii)(I) An assurance that the Agency has coordinated with appropriate local educational agencies, as defined under section 601(f) of the Elementary and Secondary Education Act of 1965, approved April 11, 1965 (79 Stat. 27; 20 USC § 7801)), to ensure that the child remains in the school in which the child is enrolled at the time of placement; or

"(II) If remaining in the school the child is enrolled in at the time of placement is not in the best interests of the child, assurances by the Agency and the local educational agencies to provide immediate and appropriate enrollment in a new school, with all of the educational records of the child provided to the school.".

Section 4(b) of D.C. Law 18-298 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary amendment of section, see § 3 of the Prevention of Child Neglect Emergency Amendment Act of 1993 (D.C. Act 10-100, August 9, 1993, 40 DCR 6141).

For temporary amendment of section, see § 3 of the Prevention of Child Neglect Emergency Amendment Act of 1994 (D.C. Act 10-288, July 22, 1994, 41 DCR 4992).

For temporary (90-day) amendment of section, see § 201(a) of the Adoption and Safe Families Emergency Amendment Act of 1999 (D.C. Act 13-117, July 28, 1999, 46 DCR 6558).

For temporary (90-day) amendment of section, see § 201(a) of the Adoption and Safe Families Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13- 178, November 2, 1999, 46 DCR 9714).

For temporary (90-day) amendment of section, see § 201(a) of the Adoption and Safe Families Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-240, January 11, 2000, 47 DCR 556).

For temporary (90-day) amendment of section, see § 2 of the Adoption and Safe Families Compliance Emergency Amendment Act of 2000 (D.C. Act 13-383, July 24, 2000, 47 DCR 6700).

For temporary (90 day) amendment of section, see § 2(a) of the Adoption and Safe Families Compliance Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-451, November 7, 2000, 47 DCR 9399).

For temporary (90 day) delay of the applicability of provisions changing the manner in which the Child and Family Services Agency will process reports of child abuse and neglect, see § 3 of Improved Child Abuse Investigations Technical Emergency Amendment Act of 2002 (D.C. Act 14-494, October 23, 2002, 49 DCR 9781).

For temporary (90 day) delay of the applicability of provisions changing the manner in which the Child and Family Services Agency will process reports of child abuse and neglect, see § 3 of Improved Child Abuse Investigations Technical Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14- 603, January 7, 2003, 50 DCR 687).

For temporary (90 day) amendment of section, see § 2 of Prevention of Child Abuse and Neglect Emergency Amendment Act of 2009 (D.C. Act 18-259, January 4, 2010, 57 DCR 337).

For temporary (90 day) amendment of section, see § 2 of Prevention of Child Abuse and Neglect Emergency Amendment Act of 2010 (D.C. Act 18-586, October 20, 2010, 57 DCR 10136).

For temporary (90 day) repeal of section 3 of D.C. Law 18-228, see § 109 of Fiscal Year 2013 Budget Support Technical Clarification Emergency Amendment Act of 2012 (D.C. Act 19-482, October 10, 2012, 59 DCR 12478).

Legislative History of Laws

Law 2-22, the "Prevention of Child Abuse and Neglect Act of 1977," was introduced in Council and assigned Bill No. 2-48, which was referred to the Committee on Human Resources and Aging and the Committee on the Judiciary. The Bill was adopted on first and second readings on May 17, 1977, and May 31, 1977, respectively. Signed by the Mayor on July 6, 1977, it was assigned Act No. 2-53 and transmitted to both Houses of Congress for its review.

For legislative history of D.C. Law 8-87, see Historical and Statutory Notes following § 4-1301.06a.

Law 13-136, the "Adoption and Safe Families Amendment Act of 2000," was introduced in Council and assigned Bill No. 13-214, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on February 1, 2000, and March 7, 2000, respectively. Signed by the Mayor on March 31, 2000, it was assigned Act No. 13-315 and transmitted to both Houses of Congress for its review. D.C. Law 13-136 became effective on June 27, 2000.

Law 13-277, the "Child and Family Services Agency Establishment Amendment Act of 2000", was introduced in Council and assigned Bill No. 13-796, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on December 5, 2000, and December 19, 2000, respectively. Signed by the Mayor on January 24, 2001, it was assigned Act No. 13-590 and transmitted to Both Houses of Congress for its review. D.C. Law 13-277 became effective on April 4, 2000.

Law 14-206, the "Improved Child Abuse Investigations Amendment Act of 2002", was introduced in Council and assigned Bill No. 14-372, which was referred to Committee on the Judiciary and the Committee on Human Services. The Bill was adopted on first and second readings on June 18, 2002, and July 2, 2002, respectively. Signed by the Mayor on July 23, 2002, it was assigned Act No. 14-440 and transmitted to both Houses of Congress for its review. D.C. Law 14- 206 became effective on October 19, 2002.

Law 14-310, the "Criminal Code and Miscellaneous Technical Amendments Act of 2002", was introduced in Council and assigned Bill No. 14-954, which was referred to the Committee on Whole. The Bill was adopted on first and second readings on December 3, 2002, and December 17, 2002, respectively. Signed by the Mayor on January 22, 2003, it was assigned Act No. 14-622 and transmitted to both Houses of Congress for its review. D.C. Law 14-310 became effective on June 12, 2003.

Law 15-341, the "Child in Need of Protection Amendment Act of 2004", was introduced in Council and assigned Bill No. 15-389 which was referred to the Committee on Judiciary and the Committee on Human Services. The Bill was adopted on first and second readings on December 7, 2004, and December 21, 2004, respectively. Signed by the Mayor on January 19, 2005, it was assigned Act No. 15-758 and transmitted to both Houses of Congress for its review. D.C. Law 15-341 became effective on April 12, 2005.

For Law 15-354, see notes following § 4-204.55.

For Law 16-191, see notes following § 4-204.61.

Law 17-231, the "Omnibus Domestic Partnership Equality Amendment Act of 2008", was introduced in Council and assigned Bill No. 17-135, which was referred to the Committee on Public Safety and the Judiciary. The Bill was adopted on first and second readings on April 1, 2008, and May 6, 2008, respectively. Signed by the Mayor on June 6, 2008, it was assigned Act No. 17-403 and transmitted to both Houses of Congress for its review. D.C. Law 17-231 became effective on September 12, 2008.

Law 18-162, the "Foster Care Youth Identity Protection Amendment Act of 2010", was introduced in Council and assigned Bill No. 18-449, which was referred to the Committee on Human Services. The bill was adopted on first and second readings on February 2, 2010, and March 2, 2010, respectively. Signed by the Mayor on April 2, 2010, it was assigned Act No. 18-354 and transmitted to both Houses of Congress for its review. D.C. Law 18-162 became effective on May 27, 2010.

Law 18-228, the "Families Together Amendment Act of 2010", was introduced in Council and assigned Bill No. 18-667, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on June 1, 2010, and June 15, 2010, respectively. Signed by the Mayor on July 7, 2010, it was assigned Act No. 18-472 and transmitted to both Houses of Congress for its review. D.C. Law 18-228 became effective on September 24, 2010.

Law 18-312, the "Prevention of Child Abuse and Neglect Amendment Act of 2010", was introduced in Council and assigned Bill No. 18-579, which was referred to the Committee on Human Services, Public Safety and the Judiciary. The Bill was adopted on first and second readings on November 9, 2010, and November 23, 2010, respectively. Signed by the Mayor on December 13, 2010, it was assigned Act No. 18-633 and transmitted to both Houses of Congress for its review. D.C. Law 18-312 became effective on March 12, 2011.

Law 19-141, the "South Capitol Street Memorial Amendment Act of 2012", was introduced in Council and assigned Bill No. 19-211, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on March 6, 2012, and March 20, 2012, respectively. Signed by the Mayor on April 10, 2012, it was assigned Act No. 19-344 and transmitted to both Houses of Congress for its review. D.C. Law 19-141 became effective on June 7, 2012.

References in Text

"Title IV of this act", referenced in par. (2A), is title IV of Law 2-22, which is codified to 16-2304, 16-2310, 16-2313, 16-2315, 16-2319, 16-2320, 16-2323 to 16-2338, and 16-2351 to 16-2365.

Miscellaneous Notes

For applicability of D.C. Law 13-277, see note following § 4-1303.01a.

Application of Law 14-206: Section 16(b) of D.C. Law 14-310 provides that section 2(a)(2), (4), (5), (6), and (7), (b), (c), (d), (e), (h), (i), (j), (k), and (l) of D.C. 14-206 shall apply as of October 1, 2003.

Section 3 of D.C. Law 18-228 provides:

"Sec. 3. Applicability.

"This act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan."

The Budget Director of the Council of the District of Columbia has determined, as of February 15, 2012, that the fiscal effect of Law 18-228 has not been included in an approved budget and financial plan. Therefore, the provisions of this section, enacted by Law 18-228, are not in effect.

The Budget Director of the Council of the District of Columbia has determined, as of October 10, 2012, that the fiscal effect of Title III of Law 18-228 has been included in an approved budget and financial plan. Therefore, the provisions of this section, enacted by Law 18-228, are in effect. Section 109 of Emergency Act 19-482 repealed section 3 of Law 18-228.