District of Columbia
| Code | Subject Matter | Rule 55 | Juvenile Proceedings Rules: Records |
| Code § 16-2331 | Delinquency, neglect, or supervision proceedings: Juvenile case records; confidentiality; inspection and disclosure |
| Code § 16-2332 | Delinquency, neglect, or supervision proceedings: Juvenile social records; confidentiality; inspection and disclosure |
| Code § 16-2333 | Delinquency, neglect, or supervision proceedings: Police and other law enforcement records |
| Code § 16-2334 | Delinquency, neglect, or supervision proceedings: Fingerprint records |
| Code § 16-2335 | Delinquency, neglect, or supervision proceedings: Sealing of records |
| Code § 4-1301.02 | Child Abuse and Neglect: Definitions |
| Code § 4-1301.51 | Mandatory investigation of child abuse and neglect cases by multidisciplinary team |
| Code § 16-2315 | Delinquency, neglect, or supervision proceedings: Physical and mental examinations |
RULES GOVERNING JUVENILE PROCEEDINGS
X. GENERAL PROVISIONS
D.C. SCR-Juvenile Rule 55 (2009)
(a) Records required. The Clerk shall keep a book known as the "juvenile docket" in which, among other things, shall be entered each order or judgment of the Family Court. The entry of an order or judgment shall show the date the entry is made. In the alternative, the requirements of the foregoing 2 sentences may be met by a system in which each paper, appearance, order, verdict, and judgment, etc. in a case is microfilmed and, where such a system is utilized, the date a document is photographed, which date must be entered on the document, shall be regarded as the date of entry. The Clerk shall also keep such case and social records and other books and records in juvenile proceedings as may be required from time to time by the Executive Officer of the District of Columbia Courts subject to the supervision of the Chief Judge.
(b) Inspection and copying juvenile records.
(1) Who can inspect. In addition to persons or agencies otherwise authorized by statute, the following persons or agencies may also inspect the records of any juvenile who was previously or is now within the jurisdiction of the court, unless such records have been sealed pursuant to D.C. Code § 16-2335:
(A) The prosecutor and the attorney for the respondent in a criminal proceeding in which the respondent's mental competence is at issue or in which respondent has challenged the respondent's transfer from the Family Court to the Criminal Division, to inspect that respondent's records, upon approval of the judicial officer assigned to the case or the Judge in Chambers;
(B) The United States Attorney for the purpose of determining whether the juvenile should be prosecuted as an adult pursuant to D.C. Code § 16-2301(3) (D.C. Code § 16-2331 case records only), or where otherwise provided by law;
(C) Any judicial officer referred to in D.C. Code § 23-1321 for the limited purpose of assessing the respondent's past conduct to determine a motion for pretrial detention or to establish conditions of release;
(D) Any person, hospital, institution or agency engaged in mental or physical evaluation or diagnosis pursuant to an order under D.C. Code § 16-2315;
(E) Any hospital, institution or agency to which the child could be committed under D.C. Code § 16-2320, provided the allegations of the petition have been adjudicated, and such hospital, institution or agency is being investigated as a dispositional possibility by the Director of Social Services or the attorney for the child;
(F) Other persons, agencies or organizations having a professional interest in the work of the Family Court and certifying in writing to the clerk of the Family Court:
(i) That inspection of juvenile records will be conducted as part of a research survey of Family Court records;
(ii) That individual case histories shall not be included in any report of or other publication pertaining to the research survey unless authorized by the Family Court in accordance with the provisions of subsections (b)(2) and (b)(3) of this Rule; and
(iii) That the research will be conducted in accordance with administrative procedures established by the Clerk.
(2) Application for special order to inspect case records. Judicial officers and professional staff of the Superior Court may inspect case records at any time. The Office of the Attorney General and the the Office of the Attorney General's assistants assigned to the Family Court, and the respondent, the respondent's parent, guardian, or custodian, and the respondent's attorney may inspect or copy case records at any stage of a proceeding in the Family Court. In all other cases, a person or agency shall apply in writing to the Presiding Judge of the Family Court for a special order to inspect or copy case records pursuant to D.C. Code § 16-2331(b)(7). The application for a special order to inspect case records shall state in writing the name, address, and telephone number of the person or agency desiring to inspect the respondent's case records, the professional affiliation of the person or agency, and the reason for which the special order is sought. The application shall also state that the information obtained from the case records will not be used in a manner which is reasonably likely to identify the respondent.
(3) Application for special order to inspect social records. In addition to the requirements under subparagraph (b)(2) of this Rule, a copy of an application to inspect the juvenile's social records pursuant to D.C. Code § 16-2332(b)(5) shall be served upon the respondent, the respondent's parent, guardian, or custodian, and the respondent's attorney. If the application is accompanied by written consent to the application by the respondent, the respondent's parent, guardian, or custodian, and the respondent's attorney, on forms provided by the Family Court, the Presiding Judge of the Family Court may grant the application to inspect or copy a juvenile's social record. If the respondent, the respondent's parent, guardian, or custodian, or the respondent's attorney objects to the application within 10 days of service thereof upon them, the Family Court shall conduct a hearing on the record to determine whether the application to inspect the social record should be approved or denied in whole or in part. If there is objection or if the application to inspect or copy the social record is not accompanied by written consent to the application by the respondent, the respondent's parent, guardian, or custodian, and the respondent's attorney, then the Presiding Judge of the Family Court shall deny the application unless it appears:
(A) That information contained in the social records and sought by the applicant is not otherwise available to the applicant; and
(B) That
(i) The applicant has a professional interest in the protection, welfare, treatment, or rehabilitation of the respondent or the respondent's family; or
(ii) The applicant has a professional interest in the work of the Superior Court and inspection of the social record and the intended use by the applicant of the information are not reasonably likely to cause the respondent or the respondent's family embarrassment or emotional or psychological harm; and
(C) That the applicant will not use information obtained from the social files in a manner which is reasonably likely to identify the respondent or reveal or publish information of a personal nature about the respondent or the respondent's family of which those who know the respondent are not otherwise likely to have knowledge.
(4) Court action on application for special order. The application for any special order shall be approved or denied in writing by the Presiding Judge of the Family Court and shall be filed by the clerk of the Family Court in the juvenile's case record.
(5) Procedure for inspection and copying. The clerk of the Family Court shall maintain a suitable room for the inspection of records and shall maintain a duplicating machine for copying records at reasonable cost for the use of any person or agency authorized or approved to inspect or copy records pursuant to D.C. Code §§ 16-2331 and 16-2332 and paragraph (b) of this Rule. Any person or agency authorized to inspect or copy records under D.C. Code §§ 16-2331(b)(4) through (7) or 16-2332(b) (3) through (5) or paragraph (b) of this Rule shall file with the clerk of the Family Court a form indicating name, address, record inspected or copied and date when inspected or copied. Such form shall be filed by the clerk of the Family Court in the juvenile case records of the juvenile whose records were inspected or copied.
TITLE 16. PARTICULAR ACTIONS, PROCEEDINGS AND MATTERS
CHAPTER 23. FAMILY DIVISION [FAMILY COURT] PROCEEDINGS
SUBCHAPTER I. PROCEEDINGS REGARDING DELINQUENCY, NEGLECT, OR NEED OF
SUPERVISION
D.C. Code § 16-2331 (2009)
§ 16-2331. Juvenile case records; confidentiality; inspection and disclosure
(a) As used in this section, the term "juvenile case records" refers to the following records of a case over which the Division has jurisdiction under section 11-1101(13):
(1) Notices filed with the court by an arresting officer pursuant to this subchapter.
(2) The docket of the court and entries therein.
(3) Complaints, petitions, and other legal papers filed in the case.
(4) Transcripts of proceedings before the court.
(5) Findings, verdicts, judgments, orders, and decrees.
(6) Other writings filed in proceedings before the court, other than social records.
(b) Juvenile case records shall be kept confidential and shall not be open to inspection; but, subject to the limitations of subsection (c) of this section, the inspection of those records shall be permitted to --
(1) judges and professional staff of the Superior Court;
(2) the Attorney General and his assistants assigned to the Division;
(3) the respondent, his parents or guardians, and their duly authorized attorneys;
(3A) at the discretion of the Attorney General, each eyewitness, victim, or the immediate family members or custodians of each eyewitness or victim if the eyewitness or victim is a child or is deceased or incapacitated, and their duly authorized attorney, when the information relates to release status, the level of respondent's placement, stay-away orders imposed, respondent's participation in diversion or a consent decree, the offenses charged in the petition, the terms of any plea agreements, findings, or verdicts related to the adjudication of the case, or commitment or probational status, unless the release of such information is otherwise prohibited by law or includes mental health information;
(4) any court in which respondent is charged or convicted as a respondent in a delinquency matter, or status offense, or as a defendant in a criminal offense, or the court's probation staff, and counsel for the respondent or defendant in that case;
(5) public or private agencies or institutions providing supervision or treatment or having custody of the child, if supervision, treatment, or custody is under order of the Division;
(6) the United States Attorney for the District of Columbia, his assistants, and any other prosecuting attorneys, or defense attorneys, when necessary for the discharge of their official duties;
(7) other persons having a professional interest in the protection, welfare, treatment, and rehabilitation of the respondent or of a member of his family, or in the work of the Superior Court, if authorized by rule or special order of the court.
(8) the Mayor in accordance with the Motor Vehicle Operator's Permit Revocation Amendment Act of 1988;
(9) authorized personnel in the Mayor's Family Court Liaison, the Department of Health, the Department of Mental Health, the Child and Family Services Agency, the Department of Human Services, and the District of Columbia Public Schools for the purpose of delivery of services to individuals under the jurisdiction of the Family Court, or their families;
(10) The Child Fatality Review Committee for the purposes of examining past events and circumstances surrounding deaths of children in the District of Columbia or of children who are either residents or wards of the District of Columbia, or for the discharge of its official duties;
(11) the Children's Advocacy Center and the public and private agencies and institutions that are members of the multidisciplinary investigation team, for purposes of carrying out their official duties, except that only information contained in the records, and not the records or copies of the records, may be provided pursuant to this paragraph;
(12) the Child and Family Services Agency, for the purposes of carrying out its official duties;
(13) any law enforcement personnel when necessary for the discharge of their official duties.
(b-1) Records inspected may not be divulged to unauthorized persons. The prosecuting attorney inspecting records pursuant to paragraph (6) of this subsection may divulge the contents to the extent required in the prosecution of a criminal case, and the United States Attorney for the District of Columbia and his assistants may inspect a transcript of the testimony of any witness and divulge the contents to the extent required by the prosecution of the witness for perjury, without, wherever possible, naming or otherwise revealing the identity of a child under the jurisdiction of the Division.
(b-2) Notwithstanding subsection (b) of this section, the Division, upon application of the Attorney General and notice and opportunity for respondent or his counsel to respond to the application, may order the release of certain information contained in the case record if:
(1) The respondent has escaped from detention or from the custody of the Youth Services Administration and is likely to pose a danger or threat of bodily harm to another person;
(2) Release of such information is necessary to protect the public safety and welfare; and
(3) The respondent has been charged with a crime of violence as defined in section 23-1331(4).
(c) Notwithstanding subsection (b), the Superior Court may by rule or special order provide that particular items or classes of items in juvenile case records shall not be open to inspection except pursuant to rule or special order; but, in dispositional proceedings after an adjudication, no item considered by the judge (other than identification of the sources of confidential information) shall be withheld from inspection (1) in delinquency or need of supervision cases, by the attorney for the child, or (2) in neglect cases, by the attorney for the child and an attorney for the parent, guardian, or other custodian of the child.
(d) The Superior Court may by rule or special order provide procedures for the inspection or copying of juvenile case records by persons entitled to inspect them. No person receiving any record or information pursuant to this section may publish or use it for any purpose other than that for which it was received without a special order of the court.
(d-1) (1) Notwithstanding subsections (b), (b-1), (b-2), (c), or (d) of this section, for every respondent whom the Office of the Attorney General has filed a petition against for the following: (i) a crime of violence (as defined in section 23-1331(4)); (ii) a weapons offense; (iii) unauthorized use of a vehicle; (iv) theft in the first degree where the property obtained or used is a motor vehicle (as defined in section 22-3215(a)); or (v) the Office of the Attorney General has filed 3 or more petitions against the respondent, and the respondent is not detained by the Family Court of the Superior Court of the District of Columbia pursuant to section 16-2313(b)(3), the Family Court shall provide, within 48 hours of the decision not to detain the respondent, the following case record information to the Chief of the Metropolitan Police Department ("Chief"):
(A) Respondent's name and date of birth;
(B) Last known address of the respondent;
(C) Last known address of respondent's parents, guardians, caretakers, and custodians;
(D) Address to which the respondent will be placed and the name and address of the person into whose custody the respondent will be placed; and
(E) All terms of the placement or conditions of release.
(2) Notwithstanding subsections (b), (b-1), (b-2), (c), or (d) of this section, the Family Court shall provide the following case record information to the Chief for all cases in which the respondent is not detained by the Family Court pursuant to section 16-2313(b)(3) and cases in which the respondent is placed on probation pursuant to section 16-2320(c)(3):
(A) Respondent's name and date of birth;
(B) All terms or conditions of any stay-away order; and
(C) All terms or conditions of any curfew order.
(3) The Chief shall utilize information obtained from the Family Court and may disclose such information to law enforcement officers or law enforcement entities only as necessary to preserve public safety or the safety of the respondent. The Chief shall not otherwise disclose this information, except as authorized by this section.
(4) If the Chief discloses information pursuant to paragraph (3) of this subsection, the Chief shall notify the recipient that the information may only be re-disclosed to law enforcement officers and only to the extent necessary to preserve public safety or the safety of the respondent. The Chief shall notify the recipient of the information that any other use or disclosure of the information shall be governed by this section and sections 16-2332 and 16-2333, and that unauthorized re-disclosure may be prosecuted under section 16-2336. Any violation of this paragraph will result in an investigation of the violation by the Inspector General of the District of Columbia.
(5) If the petition filed against the juvenile does not result in disposition, the Family Court, within 48 hours of the entry of the decision by the court to dismiss or close the case, or the withdrawal of the petition by the Office of the Attorney General, shall notify the Chief of the Metropolitan Police Department that the case has not resulted in a disposition. The Chief shall, within 48 hours of the notification, destroy and erase from Metropolitan Police Department files the case record information received from the Family Court pursuant to this subsection and shall notify all parties and agencies to which it transmitted case record information pursuant to paragraph (3) of this subsection that the juvenile's case did not result in a disposition and any information that has been transmitted shall be destroyed and erased.
(e) No person shall disclose, inspect, or use records in violation of this section.
TITLE 16. PARTICULAR ACTIONS, PROCEEDINGS AND MATTERS
CHAPTER 23. FAMILY DIVISION [FAMILY COURT] PROCEEDINGS
SUBCHAPTER I. PROCEEDINGS REGARDING DELINQUENCY, NEGLECT, OR NEED OF
SUPERVISION
D.C. Code § 16-2332 (2009)
§ 16-2332. Juvenile social records; confidentiality; inspection and disclosure
(a) As used in this section, the term "juvenile social records" refers to all social records made with respect to a child in any proceedings over which the Division has jurisdiction under section 11-1101(13), including preliminary inquiries, predisposition studies, and examination reports.
(b) (1) Juvenile social records shall be kept confidential and shall not be open to inspection; but, subject to the limitations of subsection (c), the inspection of those records shall be permitted to --
(A) judges and professional staff of the Superior Court and the Attorney General and his assistants assigned to the Division;
(B) the attorney for the child at any stage of a proceeding in the Division, including intake;
(C) any court or its probation staff, for purposes of sentencing the child as a defendant in a criminal case, and, if and to the extent other presentence materials are disclosed to him, the counsel for the defendant in that case;
(D) public or private agencies or institutions providing supervision or treatment, or having custody of the child, if the supervision, treatment, or custody is under order of the Division;
(E) other persons having a professional interest in the protection, welfare, treatment, and rehabilitation of the respondent or of a member of his family, or in the work of the Division, if authorized by rule or special order of the court;
(F) professional employees of the Social Rehabilitation Administration of the Department of Human Services when necessary for the discharge of their official duties;
(G) The Child Fatality Review Committee for the purposes of examining past events and circumstances surrounding deaths of children in the District of Columbia or of children who are either residents or wards of the District of Columbia, or for the discharge of its official duties;
(H) authorized personnel in the Mayor's Family Court Liaison, the Department of Health, the Department of Mental Health, the Child and Family Services Agency, the Department of Human Services, and the District of Columbia Public Schools for the purpose of delivery of services to individuals under the jurisdiction of the Family Court, or their families;
(I) the Child and Family Services Agency when necessary for the discharge of its official duties; and
(J) law enforcement officers of the United States, the District of Columbia, and other jurisdictions when a custody order has issued for the respondent, except that such records shall be limited to photographs of the child, a physical description of the child, and any addresses where the child may be found, and the law enforcement officer may not be permitted access to any other documents or information contained in the social file.
(2) Records inspected may not be divulged to unauthorized persons.
(c) Notwithstanding subsection (b), the Superior Court may by rule or special order provide that particular items or classes of items in juvenile social records shall not be open to inspection except pursuant to rule or special order; but, in dispositional proceedings after an adjudication, no item considered by the judge (other than identification of the sources of confidential information) shall be withheld from inspection (1) in delinquency or need of supervision cases, by the attorney for the child, or (2) in neglect cases, by the attorney for the child and an attorney for the parent, guardian, or other custodian of the child.
(d) The Superior Court may by rule or special order provide procedures for the inspection or copying of juvenile social records by persons entitled to inspect them. No person receiving any record or information pursuant to this section may publish or use it for any purpose other than that for which it was received without a special order of the court.
(d-1) (1) Notwithstanding subsections (b), (c), or (d) of this section, for every respondent committed to the Department of Youth Rehabilitation Services ("Department") pursuant to section 16-2320(c)(2) who has been adjudicated of: (i) a crime of violence (as defined in section 23-1331(4)); (ii) a weapons offense; (iii) unauthorized use of a vehicle; (iv) theft in the first degree where property obtained or used is a motor vehicle (as defined in section 22-3215(a)); or (v) adjudicated 3 or more times, the Mayor may direct the Director of the Department ("Director") to provide notice to the Chief of the Metropolitan Police Department ("Chief)" of any assignment or placement of the respondent in a Department facility or residential or other placement, including any facility operated by a contractor or agent, as soon as practicable prior to the assignment or placement.
(2) Notwithstanding subsections (b), (c), or (d) of this section, for any respondent who is detained or committed to the Department, the Director shall provide notice to the Chief of any respondent absconding or escaping from any Department facility, or residential or other placement, including any facility or placement operated by an agent or contractor, within one hour of the absconding or escaping.
(3) Notice issued pursuant to this subsection shall include the following information, as applicable:
(A) Respondent's name and date of birth;
(B) Last known address of the respondent;
(C) Last known address of the respondent's parents, guardians, caretakers, and custodians;
(D) Address to which the respondent will be assigned, placed, or released and the name and address of the person into whose custody the respondent will be placed if the respondent is not placed into a Department facility; and
(E) A recent photograph of the respondent, if available.
(4) The Chief shall utilize information obtained from the Director and may disclose such information to law enforcement persons or law enforcement entities only as necessary to preserve public safety or the safety of the respondent. The Chief shall not otherwise disclose this information, except as authorized by this section.
(5) If the Chief discloses information pursuant to paragraph (4) of this subsection, the Chief shall notify the recipient that the information may only be re-disclosed to law enforcement officers and only to the extent necessary to preserve public safety or the safety of the respondent. The Chief shall notify the recipient of the information that any other use or disclosure of the information shall be governed by this section and sections 16-2331 and 16-2333, and that unauthorized re-disclosure may be prosecuted under section 16-2336. Any violation of this paragraph will result in an investigation of the violation by the Inspector General of the District of Columbia.
(6) The Chief may make additional case-specific inquiries to the Mayor based on information disclosed under paragraph (1) of this subsection. The Mayor may direct the Director to provide such additional information, when requested by the Chief, but only as necessary to protect public safety or the safety of the respondent.
(e) No person shall disclose, inspect, or use records in violation of this section.
TITLE 16. PARTICULAR ACTIONS, PROCEEDINGS AND MATTERS
CHAPTER 23. FAMILY DIVISION [FAMILY COURT] PROCEEDINGS
SUBCHAPTER I. PROCEEDINGS REGARDING DELINQUENCY, NEGLECT, OR NEED OF
SUPERVISION
D.C. Code § 16-2333 (2009)
§ 16-2333. Police and other law enforcement records
(a) Law enforcement records and files concerning a child shall not be open to public inspection nor shall their contents or existence be disclosed to the public unless a charge of delinquency is transferred for criminal prosecution under section 16-2307, the interest of national security requires, or the court otherwise orders in the interest of the child.
(b) Inspection of such records and files is permitted by --
(1) the Superior Court, having the child currently before it in any proceedings;
(2) the officers of public and private institutions or agencies to which the child is currently committed, and those professional persons or agencies responsible for his supervision after release;
(3) any other person, agency or institution, by order of the court, having a professional interest in the child or in the work of the law enforcement department;
(4) law enforcement officers of the United States, the District of Columbia, and other jurisdictions when necessary for the discharge of their current official duties;
(4A) the United States Attorney for the District of Columbia, his assistants, and any other prosecuting attorneys when necessary for the discharge of their official duties;
(5) any court in which respondent is charged or convicted as a respondent in a delinquency matter, or status offense, or as a defendant in a criminal offense, or the court's probation staff, and counsel for the respondent or defendant in that case;
(6) a court in which a person is convicted of a criminal offense for the purpose of a presentence report or other dispositional proceeding, or by officials of penal institutions and other penal facilities to which he is committed, or by a parole board in considering his parole or discharge or in exercising supervision over him;
(7) the parent, guardian, or other custodian and counsel for the child;
(8) professional employees of the Social Rehabilitation Administration of the Department of Human Services when necessary for the discharge of their official duties;
(9) the Child Fatality Review Committee when necessary for the discharge of its official duties;
(10) authorized personnel in the Mayor's Family Court Liaison, the Department of Health, the Department of Mental Health, the Child and Family Services Agency, the Department of Human Services, and the District of Columbia Public Schools for the purpose of delivery of services to individuals under the jurisdiction of the Family Court, or their families;
(11) the Children's Advocacy Center and the public and private agencies and institutions that are members of the multidisciplinary investigation team, for purposes of carrying out their official duties, except that only information contained in the records, and not the records or copies of the records, may be provided pursuant to this paragraph; and
(12) each eyewitness, victim, or the immediate family members or caretakers of the eyewitness or victim if the eyewitness or victim is a child or is deceased or incapacitated, and their duly authorized attorney, when the records relate to the incident in which they were an eyewitness or a victim.
(b-1) Notwithstanding subsection (b) of this section, the Division, upon application of the Attorney General and notice and opportunity for respondent or his counsel to respond to the application, may order the release of certain information contained in the law enforcement records if:
(1) The respondent has escaped from detention or from the custody of the Youth Services Administration and is likely to pose a danger or threat of bodily harm to another person;
(2) Release of such information is necessary to protect the public safety and welfare; and
(3) The respondent has been charged with a crime of violence as defined in section 23-1331(4).
(c) Photographs may be displayed to potential witnesses for identification purposes, in accordance with the standards of fairness applicable to adults.
(d) No person shall disclose, inspect, or use records or files in violation of this section.
§ 16-2334. Fingerprint records
(a) The contents or existence of law enforcement records and files of the fingerprints of a child shall not be disclosed by the custodians thereof, except--
(1) to a law enforcement officer of the United States, the District of Columbia, or other jurisdiction for purposes of the investigation and trial of a criminal offense; or
(2) pursuant to rule or special order of the court.
(b) When a child is transferred for criminal prosecution under section 16-2307, law enforcement records and files of his fingerprints relating to any matter so transferred shall be deemed those of an adult.
(c) No person shall disclose, inspect, or use records in violation of this section.
(a) On motion of a person who has been the subject of a petition filed pursuant to section 16-2305, or on the Division's own motion, the Division shall vacate its order and findings and shall order the sealing of the case and social records referred to in sections 16-2331 and 16-2332 and the law enforcement records and files referred to in section 16-2333, or those of any other agency active in the case if it finds that --
(1) (A) a neglected child has reached his majority; or
(B) two years have elapsed since the final discharge of the person from legal custody or supervision, or since the entry of any other Division order not involving custody or supervision; and
(2) he has not been subsequently convicted of a crime, or adjudicated delinquent or in need of supervision prior to the filing of the motion, and no proceeding is pending seeking such conviction or adjudication.
(b) Reasonable notice of a motion shall be given to --
(1) the person who is the subject of the petition;
(2) the Attorney General;
(3) the authority granting the discharge, if the final discharge was from an institution, parole, or probation; and
(4) the law enforcement department having custody of the files and records specified in section 16-2333.
(c) Upon the entry of the order, the proceedings in the case shall be treated as if they never occurred. All facts relating to the action including arrest, the filing of a petition, and the adjudication, filing, and disposition of the Division shall no longer exist as a matter of law. The Division, the law enforcement department, or any other department or agency that received notice under subsection (b) and was named in the order shall reply, and the person who is the subject matter of the records may reply, to any inquiry that no record exists with respect to such person.
(d) Inspection of the files and records included in the order may thereafter be permitted by the Division only upon motion by the person who is the subject of such records, and may be made only by those persons named in the motion; but the Division in its discretion may, by special order in an individual case, permit inspection by or release of information in the records to the Child Fatality Review Committee, where necessary for the discharge of its official duties, and persons having a professional interest in the protection, welfare, treatment, and rehabilitation of the person who is the subject of the petition or other members of his family.
(e) Any adjudication of delinquency or need of supervision or conviction of a felony subsequent to sealing shall have the effect of nullifying the vacating and sealing order.
(f) A person who has been the subject of a petition filed under this subchapter shall be notified of his rights under subsection (a) at the time a dispositional order is entered and again at the time of his final discharge from supervision, treatment, or custody.
(g) No person shall disclose, receive, or use records in violation of this section.
§ 16-2336. Unlawful disclosure of records; penalties
Whoever willfully discloses, receives, makes use of, or knowingly permits the use of information concerning a child or other person in violation of sections 16-2331 through 16-2335, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $ 250 or imprisoned not more than ninety days, or both. Violations of this section shall be prosecuted by the Attorney General in the name of the District of Columbia.
TITLE 4. PUBLIC CARE SYSTEMS
CHAPTER 13. CHILD ABUSE AND NEGLECT
SUBCHAPTER I. PREVENTION OF CHILD ABUSE AND NEGLECT
PART A . REPORTING ABUSE AND NEGLECT
D.C. Code § 4-1301.02 (2009)
§ 4-1301.02. Definitions [Formerly § 6-2101]
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 Part D, "Agency" means the Child and Family Services Agency established by § 4-1303.01a.
(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.
(4) "Child Protection Register" means the confidential index of all reports established pursuant to § 4-1302.01.
(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 § 4-1303.01a.
(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.
(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.
(16) "Police" means the Metropolitan Police Department of the District of Columbia.
(17) "Source" means the person or institution from whom a report originates.
(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.
TITLE 4. PUBLIC CARE SYSTEMS
CHAPTER 13. CHILD ABUSE AND NEGLECT
SUBCHAPTER I. PREVENTION OF CHILD ABUSE AND NEGLECT
PART Ai . MULTIDISCIPLINARY INVESTIGATION TEAM; CONFIDENTIALITY
D.C. Code § 4-1301.51 (2009)
§ 4-1301.51. Mandatory investigation of child abuse and neglect cases by multidisciplinary team
(a) Every instance of sexual abuse of a child shall be reviewed and investigated by a multidisciplinary investigation team ("MDT"), which shall focus, first, on the needs of the child, and, second, on the law enforcement, prosecution, and related civil proceedings. The MDT may handle other instances of child abuse and neglect as identified in the protocol provided in subsection (b) of this section.
(1) A MDT shall consist of one or more representatives of the:
(A) Metropolitan Police Department;
(B) Child and Family Services Agency; and
(C) Office of the Attorney General.
(2) The Office of the United States Attorney and the Children's Advocacy Center shall be requested to designate one or more representatives to serve on a MDT, and those designated representatives shall be included on the MDT.
(3) A MDT may also include:
(A) A representative of the District of Columbia Public Schools;
(B) Licensed mental health practitioners;
(C) Medical personnel;
(D) Child development specialists;
(E) Victim counselors; and
(F) Experts in the assessment and treatment of substance abuse.
(b) The MDT shall adopt a written child abuse protocol to ensure coordination and cooperation among all agencies investigating and prosecuting cases arising from alleged child abuse or neglect to increase the efficiency and effectiveness of the agencies handling the cases and to facilitate the provision of services to children and families. The protocol shall:
(1) Define additional categories of abuse and neglect cases, in addition to sexual abuse, which will be handled by the MDT;
(2) Outline in detail the procedures to be used in investigating and prosecuting cases arising from alleged child abuse or neglect; and
(3) Outline in detail the methods to be used in coordinating treatment programs and other services to the child, the family, and the perpetrator.
(c) Repealed.
TITLE 16. PARTICULAR ACTIONS, PROCEEDINGS AND MATTERS
CHAPTER 23. FAMILY DIVISION [FAMILY COURT] PROCEEDINGS
SUBCHAPTER I. PROCEEDINGS REGARDING DELINQUENCY, NEGLECT, OR NEED OF
SUPERVISION
D.C. Code § 16-2315 (2009)
§ 16-2315. Physical and mental examinations
(a) (1) At any time following the filing of a petition, on motion of the Attorney General or counsel for the child, or on its own motion, the Division may order a child to be examined to aid in determining his physical or mental condition.
(2) An order for examination under this subsection shall include:
(A) A copy of the petition;
(B) The names and addresses of the attorney for the District of Columbia and the attorney for the respondent; and
(C) A summary of the reasons for the examination request.
(3) The court may issue such orders as may be necessary to procure any available mental health and educational records and other information that is deemed relevant for purposes of the examination.
(b) (1) Wherever possible a physical or mental health examination shall be conducted on an outpatient basis, but the Division may, if it deems necessary, order the child admitted as an inpatient to a suitable medical facility for the purpose of examination.
(2) The Division may order a child admitted as an inpatient to a suitable medical facility for the purpose of a mental health examination only after a psychiatrist or qualified psychologist examines the child and makes a written finding that the child is in need of a mental health examination which cannot be effectively provided on an outpatient basis. The written finding of the psychiatrist or qualified psychologist shall be a part of the Division's order. These procedures for the inpatient mental health examination of a child shall not apply if the child is subject to the emergency hospitalization provisions of section 21-521.
(3) (A) Hospitalization for an examination shall be for a period of not more than 21 days, except that the Division may grant extensions which may not exceed 21 days in the aggregate if a psychiatrist or qualified psychologist certifies that a mental health examination has not been completed and cannot be effectively provided on an outpatient basis.
(B) If the examination is to determine whether the child is incompetent to proceed, an extension of time may not be granted unless the psychiatrist or qualified psychologist also certifies that the psychiatrist or qualified psychologist is unable to determine whether the child is incompetent to proceed and needs an additional period of time to complete the examination.
(b-1) A report of a mental health examination ordered under this section to determine whether a child is incompetent to proceed shall be made in writing and served on the court and the attorneys of record. The report shall include:
(1) An assessment of the child's capacity to understand the proceedings against him, including the nature of the charges and range of potential options available to the court at disposition;
(2) An assessment of the child's ability to assist his attorney; and
(3) If the report concludes the child is incompetent to proceed:
(A) The reasons and bases for the conclusion;
(B) The suspected cause of the incompetence;
(C) An assessment of the likelihood of the child attaining competence in the reasonably foreseeable future; and
(D) If the child is assessed to be likely to attain competence in the reasonably foreseeable future:
(i) Any recommended treatment and services that may render the child competent in the reasonably foreseeable future; and
(ii) A certification as to the least restrictive setting for providing such treatment and services.
(c) (1) If as a result of mental examination the Division determines that a child alleged to be delinquent is incompetent to proceed under the petition and is unlikely to attain competence in the reasonably foreseeable future, it shall suspend further proceedings and the Attorney General shall, where appropriate, initiate commitment proceedings pursuant to Chapter 5 or 11 of Title 21.
(2) (A) If as a result of mental examination the Division determines that a child alleged to be delinquent is incompetent to proceed under the petition and is likely to attain competence in the reasonably foreseeable future, the Division shall order that the child receive such treatment on an outpatient basis, unless a psychiatrist or qualified psychologist certifies and the Division finds that inpatient hospitalization is the least restrictive setting for providing treatment and services that may render the child competent in the reasonably foreseeable future.
(B) If the Division determines that hospitalization is not appropriate, the child may be ordered into detention or shelter care if detention or shelter care would otherwise be warranted pursuant to section 16-2310 while receiving treatment and services that may render the child competent in the reasonably foreseeable future.
(3) If an order for inpatient hospitalization is made under paragraph (2) of this subsection, the Division may order the child sent to a hospital or mental health facility or unit designated by the Mayor as appropriate for treatment of juveniles alleged to be delinquent.
(4) If, at any time after the child is ordered to undergo treatment under paragraph (2) of this subsection, the psychiatrist or qualified psychologist responsible for the treatment believes the child is competent, or, in the case of a child hospitalized under paragraph (3) of this subsection, determines that inpatient hospitalization is no longer the least restrictive setting for providing treatment and services that may render the child competent, the psychiatrist or qualified psychologist shall immediately send a report to the Division and attorneys of record stating the basis for the conclusion that the child has attained competency or that inpatient hospitalization is no longer the least restrictive setting.
(5) (A) The Division shall hold a prompt hearing upon receipt of a report under paragraph (4) of this subsection, and no more than once in a 45-day period, the Division, on motion of the child or the Attorney General, may hold a hearing to determine the child's progress toward attaining competence.
(B) At any hearing conducted pursuant to this paragraph, the Division shall determine whether continued treatment and services are supported by a finding that the child is likely to attain competence in the reasonably foreseeable future. Where the psychiatrist or qualified psychologist has reported that inpatient hospitalization is no longer the least restrictive setting for providing treatment and services that may render the child competent, the Division shall order that any further treatment and services be rendered on an outpatient basis. In such case, the Division may order the child into detention or shelter care if detention or shelter care would otherwise be warranted pursuant to section 16-2310 while receiving continued treatment and services.
(6) The psychiatrist or qualified psychologist responsible for the treatment of the child shall ensure that a report is prepared and submitted to the Division and attorneys of record every 2 months, or at such shorter intervals as ordered by the court, from the date the treatment order is issued under paragraph (2) of this subsection. The report shall contain information regarding the child's progress toward attaining competency, the treatment being provided, and any recommendations regarding changes to the treatment that would be likely to aid in achieving the goal of the order. If the child is hospitalized, the report shall also include a statement indicating whether inpatient hospitalization continues to be the least restrictive setting for providing treatment and services that may render the child competent in the reasonably foreseeable future.
(7) (A) No child ordered into a hospital, detention, or shelter care while receiving treatment and services under this section shall be so confined for more than 180 days, except the Division may order such confinement to continue for up to 180 more days if it finds that:
(i) The child remains incompetent to proceed;
(ii) There is a substantial probability the child will attain competence within the period of continued confinement; and
(iii) In the case of a hospitalized child, that inpatient hospitalization continues to be the least restrictive setting for providing treatment and services that may render the child competent to proceed.
(B) If at the end of 360 days a child so confined remains incompetent to proceed, and remains likely to attain competence in the reasonably foreseeable future, the Division shall lift the hospitalization, detention, or shelter care order and may order that the child receive on an outpatient basis such further treatment and services as may render the child competent in the reasonably foreseeable future.
(8) If the Division at any time determines that the child receiving treatment and services under this subsection is unlikely to attain competence in the reasonably foreseeable future, the Division shall suspend further proceedings and the Attorney General shall, where appropriate, initiate commitment proceedings pursuant to Chapter 5 or 11 of Title 21.
(9) Nothing in this subsection shall prevent the Attorney General from initiating commitment proceedings pursuant to Chapter 5 or 11 of Title 21 at any time.
(d) The results of an examination under this section shall be admissible in a transfer hearing pursuant to section 16-2307, in a dispositional hearing under this subchapter, or in a commitment proceeding under Chapter 5 or 11 of Title 21. The results of examination may be admitted into evidence at a factfinding hearing to aid the Division in determining a material allegation of the petition relating to the child's mental or physical condition, but not for the purpose of establishing a defense of insanity.
(e) (1) At any time following the filing of a petition which alleges a neglected child as defined by D.C. Code, section 16-2301(9)(C) the Division may, on its own motion or the motion of any party, for good cause shown, order the mental or physical examination of the parent, guardian, or custodian of the child whose ability to care for the child is at issue.
(2) Following an adjudication that a child is neglected, the Division may, on its own motion or the motion of any party, order a mental or physical examination of the parent, guardian, or custodian of the child whose ability to care for the child is at issue.
(3) The Division may order additional mental examinations to be performed by independent experts upon a showing by any party that a prior examination is inadequate.
(4) The results of the mental or physical examination shall not be admissible evidence in the factfinding hearing unless the allegations contained in the petition set forth facts which support a petition pursuant to § 16-2301(9)(C).
(5) The results of the mental or physical examination shall be admissible at a dispositional hearing.
(6) The results of the mental or physical examination shall not be admissible as evidence in any criminal proceedings.
(f) Upon request of the Attorney General, or his or her designee, the Division shall hold a hearing to determine whether there is probable cause to believe that a victim or eyewitness to a delinquent act alleged to have been committed by the respondent may have been put at risk for the HIVIDS virus. If the Division finds there is probable cause that a victim or eyewitness has been put at risk for the HIVIDS virus as a result of witnessing or being the victim of the delinquent act alleged to have been committed by the respondent, the Division shall order that the respondent be tested for the HIVIDS virus. The results of the child's HIVIDS testing shall be presented to the Attorney General, or his or her designee, who shall provide the information to the respondent and to the victim or eyewitness to a delinquent act. The victim or eyewitness may only disclose the respondent's identity to a doctor or counselor.