Code of the District of Columbia

§ 16–2384. Motions.

(a) A motion for permanent guardianship may be filed by the proposed permanent guardian, the District of Columbia government, or by the child through his or her legal representative.

(b) A motion for a permanent guardianship may be filed any time after a neglect petition is filed pursuant to section 16-2305.

(c) A motion for permanent guardianship shall include:

(1) The name, sex, date and place of birth, and current placement of the child;

(2) The proposed permanent guardian’s name and relationship to the child;

(3) The name and address of the child’s parents;

(4) A plain and concise statement of the facts and opinions on which the permanent guardianship is sought;

(5) A description of the child’s mental and physical health;

(6) A statement why permanent guardianship, rather than adoption, termination of parental rights, or return to parent, is in the child’s best interests;

(7) A statement as to the various efforts taken by the moving party to locate the parent of the child;

(8) An itemization of the child’s assets;

(9) A statement of compliance with Chapter 3 of Title 21, if applicable;

(10) The name of proposed successor guardians, if any, and their relationship to the child and proposed permanent guardians;

(11) Information required by Chapter 45 of Title 16; and

(12) Written consents, if any, to the permanent guardianship.

(d) When any facts required pursuant to subsection (c) of this section are not known to the moving party, if he or she shall so state in the motion, or on a motion by any party, the court, for good cause shown, may direct the filing of a bill of particulars to inform the moving party of the precise nature of the allegations of neglect.


(Apr. 4, 2001, D.C. Law 13-273, § 3(b), 48 DCR 1637.)

Section References

This section is referenced in § 16-2398.

Emergency Legislation

For temporary (90 day) addition of section, see § 2(b) of the Foster Children’s Guardianship Legislative Review Emergency Act of 2000 (D.C. Act 13-490, December 18, 2000, 48 DCR 63).

For temporary (90 day) addition of section, see § 3(c) of Foster Children’s Guardianship Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-4, February 13, 2001, 48 DCR 2254).

Temporary Legislation

For temporary (225 day) addition of subchapter V, “Permanent Guardianship”, consisting of §§ 16-2381 to 16-2399., see § 3(b) of the Foster Children’s Guardianship Temporary Act of 2000 (D.C. Law 13-208, April 4, 2001, law notification 48 DCR 3239).