Chapter 15. Youth Affairs.

Subchapter I. Office of Youth Advocacy.

§ 2–1501. Definitions.

As used in this subchapter, the term:

(1) “Youth” means those residents of the District of Columbia between the ages of 13 and 17, inclusive.

(2) “Children” means those residents of the District of Columbia ages 12 and under.

(3) “Neighborhood planning council” means the structure designated for adult and youth participation in the development, implementation, and evaluation of programs for children and youth, pursuant to Commissioner’s Order No. 68-219, March 25, 1968, subject to modifications made by the Mayor pursuant to § 2-1503.01.

(4) “Councilmember” means any person 13 years and over who lives within the geographic area of a neighborhood planning council who has registered his/her name, address, and telephone number with that particular council.

(5) “Council of chairpersons” means the body of assembled chairpersons of each of the neighborhood planning councils.

(6) “Office,” “Director,” and other such terms mean the Office of Youth Advocacy, established in § 2-1504, and further specified in other parts of this subchapter.

(7) “Division,” “Director,” and other such terms mean the Division of Community-Based Programs for Children and Youth of the Department of Recreation, established in § 2-1503, and further specified in other parts of this subchapter.

(Mar. 29, 1977, D.C. Law 1-93, § 2, 23 DCR 9532b; Mar. 16, 1993, D.C. Law 9-194, § 2(a), 39 DCR 9010.)

Prior Codifications

1981 Ed., § 1-2601.

1973 Ed., § 6-2001.

Emergency Legislation

For temporary (90-day) establishment of a Children and Youth Initiative to provide out-of-school programs, see §§ 2402 to 2404 of the Service Improvement and Fiscal Year 2000 Budget Support Emergency Act of 1999 (D.C. Act 13-110, July 28, 1999, 46 DCR 6320).

For temporary (90-day) amendment of § 2404 of D.C. Law 13-38, see § 2(b) of the Service Improvement and Fiscal Year 2000 Budget Support Special Education Student Funding Increase Non-service Nonprofit Provider Clarifying and Technical Emergency Amendment Act of 1999 (D.C. Act 13-152, December 1, 1999, 46 DCR 10395).

For temporary (90 day) amendment of section, see § 3 of Service Improvement and Fiscal Year 2000 Budget Support Special Education Student Funding Increase Non-service Nonprofit Provider Clarifying and Technical Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-17, March 16, 2001, 48 DCR 2687).

For temporary (90 day) amendment of section, see § 2 of Service Improvement and Fiscal Year 2000 Budget Support Emergency Amendment Act of 2002 (D.C. Act 14-347, April 24, 2002, 49 DCR 4410).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(a) of District of Columbia Youth Services Act of 1976 Temporary Amendment Act of 1992 (D.C. Law 9-151, September 15, 1992, law notification 39 DCR 7281).

For temporary (225 day) amendment of section, see § 2(b) of the Service Improvement and Fiscal Year 2000 Budget Support Special Education Student Funding Increase Non-service Nonprofit Provider Clarifying and Technical Temporary Amendment Act of 1999 (D.C. Law 13-67, Apr. 5, 2000, law notification 47 DCR 2624).

References in Text

Pursuant to Mayor’s Order 2000-20, the agency formerly known as the “Department of Recreation and Parks” shall be known as the “Department of Parks and Recreation.”

Editor's Notes

Section 2402 of D.C. Law 13-38 provided: “There is established a Children and Youth Initiative (‘Initiative’) to provide out-of-school programs for District of Columbia children and youth.”

Delegation of Authority

Delegation of authority under D.C. Act 9-231, the District of Columbia Youth Services Act of 1976 Emergency Amendment Act of 1992, see Mayor’s Order 92-102, September 4, 1992.

§ 2–1502. Purpose.

It is the purpose of this subchapter to:

(1) Promote and support programs for children and youth in existing agencies of the District of Columbia government;

(2) Reorganize the current pattern of programs and services for children and youth offered through the Office of Youth Advocacy;

(3) Ensure that an effective mechanism exists to facilitate youth employment;

(4) Provide a review and evaluation mechanism for existing services and programs for children and youth; and

(5) Promote and support programs for Hispanic youth in D.C. agencies.

§ 2–1503. Office of Youth Opportunity Services abolished and functions transferred; Division of Community-Based Programs for Children and Youth established.

(a) The Commissioner’s Order No. 70-93 (approved March 17, 1970) establishing the Office of Youth Opportunity Services, is hereby repealed and that Office is hereby abolished. All of the powers, duties, and functions assigned to that Office under any provision of law are hereby transferred to the departments and agencies as indicated in the following provisions of this subchapter.

(b) There are hereby transferred to the Department of Recreation (Organization Order No. 10; Commissioner’s Order No. 68-440, June 27, 1968, amended August 6, 1968, October 3, 1968, and March 14, 1970) the following functions, previously performed by the Office of Youth Opportunity Services:

(1) Assist and facilitate programs for children and youth carried on by neighborhood planning councils (Commissioner’s Order No. 68-219, March 25, 1968) and other community organizations including, but not limited to, any and all organizations providing services to Hispanic youth pursuant to programs, under programs, previously funded by the Office of Youth Opportunity Services, providing maximal community participation in decision-making;

(2) As directed by the Mayor, conduct special and citywide youth programs; and

(3) Operate juvenile delinquency prevention programs.

(c)(1) There is hereby established in the Department of Recreation, a Division of Community-Based Programs for Children and Youth, which shall provide administrative and operational support for programs for children and youth conducted by the neighborhood planning councils and other community organizations.

(2) The Division of Community-Based Programs for Children and Youth will have the responsibility for the administration of community recreational, educational, cultural, and economic development programs of the neighborhood planning councils. All appropriated and grant funds for the operation of such programs will be administered separately within the Division, under the auspices of the Department of Recreation. All youth development block grant funds received by the District government from the federal Community Services Administration, as designated for such purposes, shall be obligated in programs for children and youth conducted by the neighborhood planning councils.

(3) Local program planning, project selection, and designation of project grants will be performed by the neighborhood planning councils. There will be an equitable allocation of funds, based on children and youth population, for each neighborhood planning council.

(4) The authority and fiscal responsibility to manage community elections for the neighborhood planning councils will be assigned to the Division of Community-Based Programs for Children and Youth, under the direction of the Department of Recreation.

(5) The Director of the Division of Community-Based Programs for Children and Youth shall be appointed by the Director of the Department of Recreation.

(6) The Division of Community-Based Programs for Children and Youth shall, in consultation with the council of chairpersons, prepare an operational manual for the development and implementation of programs.

(7) The Director of the Division of Community-Based Programs for Children and Youth will be responsible for coordinating all community-based programs for children and youth. Decisions on community program priorities will be made by each neighborhood planning council according to criteria specified in the operational manual developed by the Division. The Director of the Division of Community-Based Programs for Children and Youth will serve as liaison to the neighborhood planning councils and the council of chairpersons, and be accountable to both the neighborhood planning councils and the Department of Recreation for the effective administration of community-based programs for children and youth. The Director of the Division will insure that adequate technical assistance is available to the council of chairpersons and each neighborhood planning council.

(8) The neighborhood planning councils shall continue to abide by their uniform constitution and bylaws, consistent with this subchapter and other District laws. Changes and amendments to the uniform constitution and by-laws shall be made only by the consent of the council of chairpersons.

(d) There are hereby transferred to the Department of Manpower (Organization Order No. 46, Commissioner’s Order No. 74-144, June 29, 1974) the functions of the Office of Youth Opportunity Services relating to the coordination of programs designed to provide jobs for youth.

(e) There are hereby transferred to the School of Continuing Education, Federal City College, University of the District of Columbia (D.C. Law 1-36) the functions of the Office of Youth Opportunity Services with respect to the administration and supervision of the District of Columbia Street Academy.

(f) There are hereby assigned to the Board of Education of the District of Columbia the functions of the Office of Youth Opportunity Services with respect to the summer lunch program for children and youth.

§ 2–1503.01. Neighborhood Planning Councils — Established; elections; tenure.

(a) There shall be 2 neighborhood planning councils in each election ward established pursuant to § 1-1011.01. The Mayor, by rulemaking, shall draw boundaries for neighborhood planning councils, after each decennial census, so that they are approximately equal in population.

(b)(1) Regular elections for the neighborhood planning councils shall be held in even numbered years on a date set by the Mayor by rulemaking.

(2) Any neighborhood planning council member holding office immediately prior to June 19, 1992, may continue to hold office until a successor is elected and qualifies for office pursuant to this subchapter.

§ 2–1504. Office of Youth Advocacy established; functions; appointment of Director; personnel.

(a) There is hereby established in the executive branch an Office of Youth Advocacy which shall perform a planning, review and evaluation function for all programs operated by the District of Columbia government impacting on children and youth, including employment, health, counseling recreation, and training.

(b) The Director of the Office of Youth Advocacy shall be appointed by the Mayor. The Director may hold no other public office.

(c) The following positions and their associated funding are hereby authorized to be transferred from the Office of Youth Opportunity Services to the Office of Youth Advocacy:

One special assistant to the Mayor GS-16

(Subject to the prior approval of the

Civil Service Commission pursuant

to 5 U.S.C. § 5108.)

One program analyst officer GS-13

One education specialist GS-12

One research assistant GS-11

One program director GS-11

Two field technical assistants GS-9

One computer program analyst GS-11

Two program analysts GS-9

One secretary GS-7

Consistent with this subchapter and other District laws, the Director may hire employees, assign work, and delegate the duties, exercise the powers, and carry out the functions of the Office.

All positions and personnel so transferred shall continue to be governed by personnel legislation enacted by Congress, and rules and regulations promulgated pursuant thereto, until such time as the District government personnel system is established in accordance with § 1-204.22(3). Such positions and personnel may be reclassified, realigned, or found in excess and separated from the service in accordance with this subchapter or an administrative order of the Director.

§ 2–1505. Duties of Director.

The Director of the Office shall:

(1) Systematically review and evaluate the full array of programs operated by the District of Columbia impacting on children and youth, as specified in § 2-1504(a);

(2) Plan and develop demonstration youth programs for transfer to other operating agencies upon their validation after no more than 3 years of operation;

(3) Present the interest of children and youth before other administrative and regulatory agencies and legislative bodies of the District of Columbia government;

(4) Assist, advise, and cooperate with local, federal, and private agencies to promote the interest of children and youth in the District of Columbia;

(5) Develop criteria for the validation of programs for children and youth which shall be widely disseminated and utilized in the review and evaluation of programs;

(6) Issue an annual report on the current status of programs for children and youth on a citywide basis, both governmental and private; and

(7) Perform such other functions and duties consistent with the purpose of this subchapter which may be deemed necessary and appropriate to promote the welfare of children and youth.

§ 2–1506. Transfer of positions and funds.

(a) The following positions and their associated funding are hereby transferred from the Office of Youth Opportunity Services to the Department of Manpower:

One deputy director GS-15

One manpower specialist GS-14

One computer systems analyst GS-13

One program analyst officer GS-12

One research assistant GS-9

One research assistant GS-7

Three clerks GS-4

The following positions and their associated funding, initially transferred in the Budget Act of 1977 to the Department of Manpower, are hereby transferred from the Office of Youth Opportunity Services to the Department of Recreation for the support of neighborhood planning council programs:

One recreation specialist GS-14

One program analyst officer GS-12

One social science analyst GS-11

Two field technical assistants GS-9

One secretary GS-6

One clerk GS-4

The funds available to the Office of Youth Advocacy, Department of Manpower, Department of Recreation, Federal City College, and District of Columbia Public Schools to carry out the purposes of this subchapter will be as delineated in the Budget Act of 1977, Act 1-94 (March 9, 1976) except as altered in subsections (a) and (b) of this section.

All positions and personnel so transferred shall continue to be governed by personnel legislation enacted by Congress, and rules and regulations promulgated pursuant thereto, until such time as the District of Columbia government personnel system is established in accordance with § 1-204.22(3). Such positions and personnel may be reclassified or found in excess and separated from the service in accordance with this subchapter or an administrative order of the directors or president of the aforementioned agencies and departments.

§ 2–1507. Accounting and voucher systems.

The Mayor shall instruct the Office of Budget and Resource Development to coordinate with the Department of Recreation the establishment of a bookkeeping and accounting system to allow for timely allocation of monies from the District of Columbia government to neighborhood planning council programs, and shall establish a regular voucher system to facilitate the swift transference of funds from the District of Columbia government to the neighborhood planning councils.

§ 2–1508. Conflict of interest procedures.

The neighborhood planning councils shall, with the assistance of the Department of Recreation, establish procedures in their bylaws and constitution to handle conflicts of interest in the award of subgrants to programs, when any councilmember has either a structural or fiduciary relationship with a grant applicant or grantee.

§ 2–1509. Rules of operation for neighborhood planning councils.

The neighborhood planning councils shall establish, under the auspices of the Director of the Department of Recreation, uniform rules governing their operation and internal structure. These rules shall include a statement of neighborhood planning council responsibilities, voting procedures, the establishment of standing committees, the manner of selecting chairpersons and other officers, procedures for prompt review and action on committee recommendations, and procedures for receipt and action upon community recommendations at both the local neighborhood planning council and citywide council of chairpersons levels. Said rules shall be filed with the Director of the Department of Recreation and published in the D.C. Register.

§ 2–1510. Budget request.

The Department of Recreation shall develop an annual fiscal year budget request to administer and support programs of the neighborhood planning councils; such budget requests shall be submitted to the neighborhood planning councils each year for their review and comment. The budget shall be submitted by the Mayor to the Council, accompanied by such comments, on such date which may be required to conform with the District of Columbia budget schedule.

§ 2–1511. Severability.

If any provision of this subchapter is held invalid, the remainder of this subchapter shall not be affected.

Subchapter I-A. Department of Youth Rehabilitation Services.

Part A. General.

§ 2–1515.01. Definitions.

*NOTE: This section includes amendments by emergency legislation that will expire on June 9, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

For the purposes of this subchapter, the term:

(1) “Aftercare services” means programs and services designed to provide care, supervision, and control over children released from facilities.

(1A) “Behavioral health” means a person’s overall social, emotional, and psychological well-being and development.

(1B) “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.

(1C) “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 comprehensive examination.

(2) “Committed” means the removal of a youth from his or her home as a result of an order of adjudication or an order of disposition and placement in the care and custody of the Department of Youth Rehabilitation Services.

(2A) “Community placement agreement” means an agreement between the youth and the Department of Youth Rehabilitation Services that the youth and his or her guardian will agree to certain rules in exchange for being released to the community.

(3) “Contracted provider” means any agency, organization, corporation, association, partnership, or individual, either for profit or not for profit, who agrees in writing to provide specific services or organizational supports to youth in the Department’s care and custody.

(4) “Conviction” means a judicial finding, jury verdict, or final administrative order, including a finding of guilt, a plea of nolo contendere, or a plea of guilty to a criminal charge enumerated in § 2-1515.05(g), or a finding that a child who is the subject of a report of child abuse has been abused by the employee or prospective employee.

(5)(A) “Custody” means the legal status created by a Family Court order which vests in the Department the responsibility for the custody of a minor, including:

(i) Physical custody and the determination of where and with whom the minor shall live;

(ii) The right and duty to protect, train, and discipline the minor; and

(iii) The responsibility to provide the minor with food, shelter, education, and ordinary medical care.

(B) A Family Court order of “legal custody” is subordinate to the rights and responsibilities of the guardian of the person of the minor and any residual parental rights and responsibilities.

(6) “Department” means the Department of Youth Rehabilitation Services.

(7) “Detained” means the temporary, secure custody of a child in facilities designated by the Family Court and placed in the care of the Department, pending a final disposition of a petition and following a hearing in accordance with § 16-2312.

(8) “Facilities” means any youth residential facility, group home, foster home, shelter, secure residential or institutional placement owned, operated, or under contract with the Department, excluding residential treatment facilities and accredited hospitals.

(9) “Family Court” means the Family Court of the Superior Court of the District of Columbia.

(9A) "Hardware secure facility" means a congregate care facility with construction features and a staffing model designed to physically restrict the movements and activities of youth who are detained pending a final disposition of a petition.

(9B) "Law enforcement officer" means a sworn member of the Metropolitan Police Department or any other law enforcement agency operating and authorized to make arrests in the District of Columbia.

(10) “Person in Need of Supervision” or “PINS” means a “child in need of supervision” as that term is defined by § 16-2301(8).

(11) “Rehabilitative services” means services designed to assist youth in acquiring, retaining, and improving their socialization, behavioral, and generic competency skills necessary to reintegrate into their home and community-based settings.

(11A) "Staff secure facility" means a foster home or congregate care facility in the community in which the movements and activities of individual youth residents may be restricted or subject to control through the use of a staff supervision model as well as through reasonable rules restricting entrance to and egress from the facility. A staff secure facility does not contain construction features designed to physically restrict the movements and activities of youth who are in its custody.

(12) “Youth” means a “child” as that term is defined by § 16-2301(3) or other minor in the custody of the Department. The terms “juvenile,” “child,” and “resident” appearing in this subchapter are used interchangeably.

(13) “Youth residential facility” means a residential placement providing adult supervision and care for one or more children who are not related by blood, marriage, guardianship, or adoption (including both final and non-final adoptive placements) to any of the facility’s adult caregivers and who were found to be in need of a specialized living arrangement as the result of a detention or shelter care hearing held pursuant to § 16-2312 or a dispositional hearing held pursuant to § 16-2317.

(Apr. 12, 2005, D.C. Law 15-335, § 101, 52 DCR 2025; June 7, 2012, D.C. Law 19-141, § 504(a), 59 DCR 3083; July 17, 2014, D.C. Law 20-126, § 411(a), 61 DCR 3482; Apr. 4, 2017, D.C. Law 21-238, § 402(a), 63 DCR 15312; Mar. 11, 2024, D.C. Act 25-410, § 3(a), 71 DCR 2693.)

Effect of Amendments

D.C. Law 19-141 added pars. (1A), (1B), and (1C).

The 2014 amendment by D.C. Law 20-126 added (2A).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 3(a) of Secure DC Omnibus Emergency Amendment Act of 2024 (D.C. Act 25-410, Mar. 11, 2024, 71 DCR 2693).

For temporary (90 day) addition, see § 101 of Department of Youth Rehabilitation Services Establishment Emergency Act of 2004 (D.C. Act 15-657, December 29, 2004, 52 DCR 481).

For temporary (90 day) addition, see § 101 of Department of Youth Rehabilitation Services Establishment Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-58, March 17, 2005, 52 DCR 3182).

For temporary amendment of D.C. Law 19-141, § 601, see § 4112 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384), applicable as of October 1, 2013.

For temporary amendment of D.C. Law 19-141, § 601, see § 4112 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 11384), applicable as of October 1, 2013.

Short Title

Section 4111 of D.C. Law 20-61 provided that Subtitle K of Title IV of the act may be cited as the “South Capitol Street Memorial Amendment Act of 2013”.

Editor's Notes

Section 601 of D.C. Law 19-141 originally provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan. Section 601 of D.C. Law 19-141, as amended by D.C. Law 19-168, § 7004, provided that the applicability of only §§ 302(b)(1), 304, and 502(a) are contingent upon the inclusion of their fiscal effect in an approved budget and financial plan.

Section 601 of D.C. Law 19-141, as amended by D.C. Law 20-61, § 4112, provided that §§ 302(b)(1)(A) and (C) and 304(b)(1)(D) of D.C. Law 19-141 shall apply to public charter schools upon the inclusion of their fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register. Section 302(b)(1)(A) of D.C. Law 19-141 added § 38-203(i)(A-i); Section 302(b)(1)(C) of D.C. Law 19-141 added § 38-203(i)(B-i); and Section 304(b)(1)(D) of D.C. Law 19-141 added 5 DCMR § A2103(c)(6).

Section 501 of D.C. Law 20-126 provided that the Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of the act.

§ 2–1515.02. Establishment and purposes of the Department of Youth Rehabilitation Services.

(a) Pursuant to § 1-204.04(b), the Department of Youth Rehabilitation Services is established as a separate Cabinet-level agency, subordinate to the Mayor, within the executive branch of the government of the District of Columbia. The Department shall lead the reform of the District’s juvenile justice system by coordinating the collaborative efforts of government agencies, contracted providers, labor, and community leaders to:

(1) Improve the security, supervision, and rehabilitation services provided to committed and detained juvenile offenders and Persons in Need of Supervision (“PINS”);

(2) Develop and maintain a holistic, family-oriented approach to the provision of youth services that emphasizes youth and parental responsibility so as to reduce juvenile crime, delinquency, and recidivism; and

(3) Develop and maintain state-of-the-art service programs, delivery systems, and facilities that will transform the District’s juvenile justice system into a national model.

(b) The Department shall be headed by a Director, who shall report to the Mayor. The Director shall be appointed by the Mayor with the advice and consent of the Council, pursuant to § 1-523.01(a).

(c) The Director shall have a minimum education of a Masters Degree in Criminal Justice, Social Work, or some related field, or shall possess equivalent work-related experience in the management of juvenile justice programs.

(d) The Director shall have authority over the Department, its functions, and personnel, including the power to re-delegate to employees authority as, in the judgment of the Director, is warranted in the interests of efficiency and sound administration.

(e) The Director shall have authority to organize and reorganize the personnel and property transferred herein within any organizational unit of the Department, including creating offices within the Department, as necessary, and exercising any other powers necessary and appropriate to implement the provisions of this subchapter.

(f) The Director shall have authority to implement an aggressive, District-wide program of reform within the juvenile justice system that leads to a system that can serve as a nationwide model.

(Apr. 12, 2005, D.C. Law 15-335, § 102, 52 DCR 2025.)

Section References

This section is referenced in § 2-1515.03.

Emergency Legislation

For temporary (90 day) addition, see § 102 of Department of Youth Rehabilitation Services Establishment Emergency Act of 2004 (D.C. Act 15-657, December 29, 2004, 52 DCR 481).

For temporary (90 day) addition, see § 102 of Department of Youth Rehabilitation Services Establishment Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-58, March 17, 2005, 52 DCR 3182).

For temporary (90 days) addition, of provisions concerning a juvenile drug screening and drug treatment diversion plan, see § 513 of the Omnibus Criminal Code Amendments Congressional Review Emergency Amendment Act of 2013 (D.C. Act 20-44, April 1, 2013, 60 DCR 5381, 20 DCSTAT 1281).

Short Title

Short title: Section 5061 of D.C. Law 19-21 provided that subtitle G of title V of the act may be cited as “Increase Local Capacity to Serve DYRS Committed Youth Act of 2011”.

Editor's Notes

Sections 5062 to 5064 of D.C. Law 19-21 provided:

“Sec. 5062. Report on Department of Youth Rehabilitation Services plans to reduce residential placements outside of the District.

“No later than December 16, 2011, the Department of Youth Rehabilitation Services (’DYRS’) shall transmit to the Council a report summarizing the results and action items from the Request for Information concerning establishing in-patient drug treatment programs within 50 miles of the District.”

“Sec. 5063. Report on Department of Youth Rehabilitation Services youths in psychiatric residential treatment facilities and residential treatment centers.

“(a) DYRS shall conduct a study of DYRS youths in psychiatric residential treatment facilities ( ‘PRTFs’) and residential treatment centers (’RTCs’). The study shall evaluate the following:

“(1) The population based on demographic characteristics of youth;

“(2) The offense history of the youths;

“(3) The risk profile of the youths;

“(4) The behavioral health issues;

“(5) The substance abuse issues;

“(6) The past community-based service provision;

“(7) The reason for current placement; and

“(8) Other factors that DYRS determines to be significant.

“(b) No later than December 16, 2011, DYRS shall transmit to the Council a report summarizing the findings of the study, which shall include action items.

“(c) DYRS shall provide to the Council a quarterly census report on DYRS youth placed in PRTFs and RTCs. The report shall include the following:

“(1) The name of the centers;

“(2) The location of the centers;

“(3) The number of miles the centers are located outside of the District; and

“(4) The daily rate that the centers are charging the District.”

“Sec. 5064. Quarterly report on status of Medicaid eligibility.

“Beginning February 1, 2012, DYRS shall issue quarterly reports on the status of the Money Follows the Person program. The report shall include the following:

“(1) The number of applications submitted for Medicaid;

“(2) The number of applications approved for Medicaid; and

“(3) The amount of money obtained from Medicaid.”

§ 2–1515.03. Organization.

(a) The Department shall have sufficient staff, supervisory personnel, and resources to accomplish the purposes of this subchapter. There is hereby established in the Department:

(1) The Office of the Director, which shall be responsible for all administrative activities, such as human resources, technology and information services, facilities management and transportation, contracting and procurement, and budget and financial services, with subordinate staff offices responsible for overall management responsibility of the office;

(2) The Division of Secure Programs, whose Deputy Director shall be responsible for operations at the Oak Hill Youth Center, the Youth Services Center, and any other Department secure facility;

(3) The Division of Court and Community Programs, whose Deputy Director shall be responsible for aftercare services for committed youth and prevention programs;

(4) The Division of Performance Management, whose Deputy Director shall be responsible for licensure, regulation, technical assistance, training, quality assurance, quality improvement, risk management, program evaluation, data collection, contract monitoring, policy formulation, legislative affairs, and monitoring and reporting on compliance with standards, policies, court orders, laws, rules, and regulations;

(5) The Office of Internal Integrity, which shall be responsible for the swift and competent internal investigations into allegations and indications of unprofessional and unlawful conduct by employees or contractors of the Department; and

(6) The Office of the General Counsel, which shall be responsible for reviewing legal matters pertaining to the Department and its programs, analyzing existing or proposed federal or local legislation and rules, managing the development of new legislation and rules, and coordinating legal services to the Department, and shall be headed by a General Counsel, who shall be in the Senior Executive Attorney Service of the Legal Service as an at-will employee under the direction and control of the Attorney General for the District of Columbia.

(b) Notwithstanding the proposed organization established in subsection (a) of this section, the Director of the Department shall have the authority, pursuant to § 2-1515.02(e), to organize and reorganize the organizational structure set forth in this section.

§ 2–1515.04. Duties.

The primary duties of the offices of the Department are to plan, program, operate, manage, control, and maintain a juvenile justice system of care, rehabilitative service delivery, and security that meets the treatment needs of youth within the juvenile justice system and that is in accordance with national juvenile justice industry standards and best practices. These duties include:

(1) Providing services for committed and detained youth and PINS that balance the need for rehabilitation and holding youth accountable for their actions in the context of public safety;

(2) Facilitating and enhancing intra-District coordination of services and supports for youth in the juvenile justice system;

(3) Establishing and adopting best practices standards for the provision of residential, restorative, and rehabilitative services to youth in the juvenile justice system consistent with the standards of the American Correctional Association or those of another nationally accepted accrediting body;

(4) Employing a cadre of juvenile justice professionals who are highly skilled and experienced with the principles, goals, and the latest advancements of juvenile rehabilitation and treatment provision;

(5) Establishing through contracts, provider agreements, human care agreements, grants, memoranda of agreement or understanding, or other binding agreements a system of secure and community-based facilities and rehabilitative services with governmental bodies, public and private agencies, institutions, and organizations, for youth that will provide intervention, individualized assessments, continuum of services, safety, and security;

(6) Establishing a system that constantly reviews a youth’s individual strengths, needs, and rehabilitative progress and ensures placement within a continuum of least restrictive settings within secure facilities and the community;

(7) Assessing the risks and needs of youth, and determining and providing the services needed for treatment for substance abuse and other services;

(8) Developing and maintaining a system with other governmental and private agencies to identify, locate, and retrieve youth who are under the care, custody, or supervision of the Department, who have absconded from an assigned secure governmental facility, or community shelter home, group home, residential facility, or foster care placement;

(9) Developing and maintaining state-of-the-art systems to monitor accountability and to enhance performance for all Department programs, services, and facilities;

(10) Developing and maintaining an ongoing training program for employees that ensures continuous development of expertise in juvenile justice service delivery;

(11) Taking a leadership role in the provision of training and technical assistance to non-governmental juvenile justice service providers that fosters the development of high-quality, comprehensive, cost-effective, and culturally competent delinquency prevention and juvenile rehabilitative services for the youth and their families;

(12) Developing and maintaining a capital improvement, licensing, and regulating program that ensures governmental and private institutions maintain up-to-date residential facilities, group homes, and shelter facilities to serve the safety, the security, and the rehabilitative needs of youth in the juvenile justice system;

(13) Enforcing all laws, rules, regulations, court orders, policies, and procedures necessary and appropriate to accomplish the duties of the Department;

(14) Conducting a behavioral health screening and assessment as required in § 2-1515.04a;

(15) Within 180 days after December 13, 2017, developing a manual for families of juveniles residing in secure juvenile facilities that includes, at a minimum, information on the operation of the institution or facility as it relates to families of juveniles, information on government and community resources available for families of juveniles, and information and resources available for juveniles after leaving confinement;

(16) Evaluating the effectiveness of rehabilitative services by collecting any available information from other District agencies on the education, employment, criminal justice, or other outcomes of persons who are either currently committed to the Department or who were committed to the Department in the previous 3 years;

(17) Cooperating with the Criminal Justice Coordinating Council by sharing data and allowing access to individuals under 21 years of age, to the extent otherwise permissible under the law, for the purpose of preparing the report described in section § 22-4234(b-3); and

(18) In addition to any obligations imposed upon the Department due to its designation as a voter registration agency by § 1-1001.07(d)(1)(B):

(A) If a youth committed at the Department is a qualified elector, as that term is defined in § 1-1001.02(2), registering the youth to vote, unless the youth indicates that they do not want to register;

(B) Transmitting to the Board of Elections and the Council of the District of Columbia, on an annual basis, a report containing the number of youth the agency has registered to vote and the number of youth who declined to register to vote; and

(C) Providing information about the importance of voting and the right of an individual currently incarcerated or with a criminal record to vote in the District, and of the importance of keeping their voter registration information, including their residence address, current and up-to-date, including upon transfer or release from the Department's custody.

(Apr. 12, 2005, D.C. Law 15-335, § 104, 52 DCR 2025; June 7, 2012, D.C. Law 19-141, § 504(b), 59 DCR 3083; Apr. 4, 2017, D.C. Law 21-238, § 402(b), 63 DCR 15312; Dec. 13, 2017, D.C. Law 22-33, § 3103, 64 DCR 7652; Apr. 26, 2019, D.C. Law 22-309, § 2, 66 DCR 909; Apr. 27, 2021, D.C. Law 23-277, § 3, 67 DCR 13867; Apr. 6, 2023, D.C. Law 24-342, § 5, 69 DCR 14609.)

Section References

This section is referenced in § 2-1515.05.

Effect of Amendments

D.C. Law 19-141 deleted “and” from the end of par. (12), substituted “; and” for a period the end of par. (13), and added par. (14).

Applicability

Section 7026 of D.C. Law 22-33 amended § 701(a) of D.C. Law 21-238, removing the applicability restriction impacting this section. Therefore the changes made to this section by D.C. Law 21-238 have been implemented.

Applicability of D.C. Law 21-238: § 701 of D.C. Law 21-238 provided that the change made to this section by § 402(b) of D.C. Law 21-238 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of § 701|(a) of D.C. Law 21-238, see § 7026 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 3103 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of § 701|(a) of D.C. Law 21-238, see § 7026 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) amendment of this section, see § 3103 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 day) addition, see § 104 of Department of Youth Rehabilitation Services Establishment Emergency Act of 2004 (D.C. Act 15-657, December 29, 2004, 52 DCR 481).

For temporary (90 day) addition, see § 104 of Department of Youth Rehabilitation Services Establishment Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-58, March 17, 2005, 52 DCR 3182).

For temporary (90 days) amendment of D.C. Law 19-141, § 601, see § 4112 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of D.C. Law 19-141, § 601, see § 4112 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Short Title

Section 4111 of D.C. Law 20-61 provided that Subtitle K of Title IV of the act may be cited as the “South Capitol Street Memorial Amendment Act of 2013”.

Editor's Notes

§ 2–1515.04a. Behavioral health screening and assessment requirements.

(a)(1) All youth in contact with the Department shall, to the extent that it is not inconsistent with a court order, receive a behavioral health screening and, if necessary, a behavioral health assessment within 30 days of initial contact; provided, that the Mayor may, through rulemaking, require that the behavioral health screening and assessment be conducted within fewer than 30 days of the initial contact.

(2) As part of the behavioral health screening required by paragraph (1) of this subsection, the Department shall identify youth who are victims of, or who may be at risk for becoming victims of, sex trafficking of children under § 22-1834.

(b) For the purposes of this section, the term “youth” means an individual under 18 years of age residing in the District and those individuals classified as committed youth in the custody of the Department who are 21 years of age or younger.

(Apr. 12, 2005, D.C. Law 15-335, § 104a; as added June 7, 2012, D.C. Law 19-141, § 504(c), 59 DCR 3083; May 7, 2015, D.C. Law 20-276, § 3, 62 DCR 479.)

Effect of Amendments

The 2015 amendment by D.C. Law 20-276 added (a)(2).

Emergency Legislation

For temporary (90 day) amendment of section 601 of D.C. Law 19-141, see § 7004 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section 601 of D.C. Law 19-141, see § 7004 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

For temporary (90 days) amendment of D.C. Law 19-141, § 601, see § 4112 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

Short Title

Section 4111 of D.C. Law 20-61 provided that Subtitle K of Title IV of the act may be cited as the “South Capitol Street Memorial Amendment Act of 2013”.

Editor's Notes

Section 601 of D.C. Law 19-141 provided: “Sec. 601. Applicability. This act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan.”

Section 7016 of D.C. Law 19-168 provided that Sections 7001, 7004, 7007, 7009, 7011, and 7015 of the act shall apply as of June 19, 2012.

§ 2–1515.04b. Data collection.

(a) The Department shall request any available records on the education, employment, criminal justice, or other outcomes of persons who are either currently committed to the Department or who were committed to the Department in the previous 3 years from the following agencies:

(1) Office of the State Superintendent of Education;

(2) Department of Health;

(3) Department of Behavioral Health;

(4) Child and Family Services Agency;

(5) Department of Human Services;

(6) District of Columbia Public Schools; and

(7) Office of the Attorney General.

(b) All records collected by the Department pursuant to this section shall be kept privileged and confidential pursuant to § 2-1515.06.

§ 2–1515.05. Special authorities of the Department.

(a) When the Department has physical custody of a youth pursuant to § 16-2320, it may:

(1) Authorize a medical evaluation, emergency medical, surgical, or dental treatment, a psychiatric evaluation, or emergency outpatient psychiatric treatment, when reasonable efforts to secure the consent of the youth’s parents or legal guardian have been made, but a parent or legal guardian cannot be consulted; and

(2) Authorize non-emergency, routine outpatient medical, dental, and psychiatric treatment or an autopsy, when reasonable efforts to consult the parent or legal guardian have been made, but a parent or legal guardian cannot be consulted.

(b) The Department shall protect the safety, security, discipline, and order of Department and contractor facilities and in doing so it may require:

(1) Random searches of all buildings and grounds for contraband;

(2) Random and probable cause searches of persons and personal property entering or on the grounds for contraband;

(3) Use of metal detectors and visual inspections, dog sniffers, or other means to inspect any bag, luggage, or container being carried into or on the grounds for contraband; and

(4) Seizure, confiscation, and retention of contraband as a result of a search or inspection conducted pursuant to paragraphs (1) through (3) of this subsection.

(c) The Department shall protect the safety, security, discipline, and order of Department and contractor facilities, programs, and services, and in doing so it shall require the testing of all prospective and existing Department staff and contractual employees or other applicable personnel for drug and alcohol use, in accordance with § 1-620.22.

(d) The Department shall protect the safety, security, discipline, and order of Department and contractor facilities, programs, and services, and in doing so it shall test youth for the presence of substances, which may pose risks to the health and safety of youth or others.

(e) The Department shall protect the safety, security, discipline, and order of Department and contractor facilities, programs, and services, and in doing so it may require all prospective and existing employees or staff assigned to any Department facility or any provider of services to youth in any Department-contracted facility, group home, or shelter to provide National Crime Information Center (“NCIC”) criminal background checks in accordance with Chapter 15 of Title 4.

(f) The Department shall protect the safety, security, discipline, and order of Department facilities, residential facilities, programs, and services, and in doing so it may require all prospective and existing employees or staff at any Department-owned or contract facility, or program that provides services to youth in the juvenile justice system, be subject to a child protection registry check in the District of Columbia and their current and prior states of residence.

(g) The Department may:

(1) Prohibit the hiring of or require the termination of persons seeking employment or employed by the Department, or providers of services either under contract, grant, or agreement, or persons who will provide or do provide direct services or who have access to youth in the juvenile justice system, who have been convicted by a court of competent jurisdiction of:

(A) Child abuse or child neglect;

(B) Rape or sexual assault;

(D) Any other crime, as defined by rules issued by the Mayor;

(2) Require all Department facilities or programs under contract, grant, or agreement to obtain written approval of the Department prior to employing any person who has been convicted or has served a sentence in the past 10 years for any of the following offenses or their equivalents:

(A) Fraud;

(B) Burglary;

(D) Any other crime, as defined by rules issued by the Mayor; and

(3) Prohibit the assignment of persons employed by the Department, or providers of services, either under contract, grant, or agreement, that have access to youth into positions that may place them in contact with youth if that person is alleged to be a perpetrator of abuse or neglect in a currently pending child abuse or neglect investigation.

(h) The Department may take any other actions necessary to promote the safety and well-being of the youth in the Department’s custody.

(h-1) The Department shall not use a positive test for use of marijuana, or a violation of § 48-1201, as the basis for a change of placement, a change in treatment, or any sanction unless the Department expressly prohibits the use or possession of marijuana, as opposed to controlled substances generally, as a condition in the community placement agreement or by otherwise providing written notice to the child. A prohibition on the use or possession of marijuana shall be based upon an individual evaluation conducted pursuant to § 2-1515.04(7).

(i) A criminal or civil conviction for any of the charges listed within subsection (f)(1) of this section or identification as a perpetrator of abuse or neglect as determined by the investigation conducted pursuant to subsection (f) of this section in this or any jurisdiction shall constitute cause for termination.

(j) Except as expressly provided by this subchapter, all information obtained pursuant to this section shall be considered confidential and only released to appropriate officials, as determined by the Director of the Department.

(k) The Department may expend funds from its operating budget, as considered necessary, to create, manage, operate, and implement programs and policies that further its objective to provide rehabilitative care and services to detained and committed youth in its care and custody, including spending appropriated funds for on-site employee meals.

(Apr. 12, 2005, D.C. Law 15-335, § 105, 52 DCR 2025; Aug. 16, 2008, D.C. Law 17-219, § 5006, 55 DCR 7598; July 17, 2014, D.C. Law 20-126, § 411(b), 61 DCR 3482.)

Section References

This section is referenced in § 2-1515.01.

Effect of Amendments

D.C. Law 17-219 added subsec. (k).

The 2014 amendment by D.C. Law 20-126 added (h-1).

Emergency Legislation

For temporary (90 day) addition, see § 105 of Department of Youth Rehabilitation Services Establishment Emergency Act of 2004 (D.C. Act 15-657, December 29, 2004, 52 DCR 481).

For temporary (90 day) addition, see § 105 of Department of Youth Rehabilitation Services Establishment Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-58, March 17, 2005, 52 DCR 3182).

Short Title

Short title: Section 5003 of D.C. Law 17-219 provided that subtitle C of title V of the act may be cited as the “On-site Meal Expenses Amendment Act of 2008”.

Editor's Notes

Section 501 of D.C. Law 20–126 provided that the Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of the act.

§ 2–1515.05a. Juvenile Services Program.

(a) The Department shall permit the Juvenile Services Program of the Public Defender Service for the District of Columbia ("JSP-PDS") access to youth in accordance with this section.

(b) The JSP-PDS shall be able to meet and have contact with youth through in-person communication, telephone calls, and written correspondence in order to provide free legal services to youth including:

(1) Assistance contacting attorneys and others involved in youths' court cases;

(2) Representation of youth in disciplinary hearings;

(3) Representation of youth in any proceeding at which the Department seeks to place a youth at a more secure level of placement;

(4) Legal rights orientations for new residents; and

(5) Assistance filing complaints relating to conditions of confinement.

(1) The JSP-PDS with dedicated office space at the Youth Services Center, the New Beginnings Youth Development Center, and any similar future secured facility operated by the Department;

(2) Youth and personnel of the JSP-PDS with confidential access to each other, which shall include confidential:

(A) Telephone calls;

(B) Written correspondence; and

(3) The JSP-PDS personnel with reasonable in-person access, as necessary, to the housing units or other areas of Department facilities where youth are confined; provided, that the Department retains the authority to temporarily restrict or deny access previously granted, at any time, due to institutional needs.

(d) The dedicated office space provided pursuant to subsection (c)(1) of this section shall include:

(1) Space for confidential meetings between youth and the JSP-PDS personnel; and

(2) Electricity and permission for JSP-PDS to have and maintain its own internet connection for JSP-PDS operated and managed computers, telephones, and electronic equipment.

(e) The JSP-PDS personnel may not use electronic equipment such as cell phones and computers within Department housing units unless otherwise permitted by the Department or by court order.

§ 2–1515.06. Confidentiality of youth records.

(a)(1) Records pertaining to youth who are currently in or were previously in the custody of the Department or contract providers shall be privileged and confidential and shall be released only in accordance with this subsection.

(2) Juvenile case records shall be released only to persons and entities permitted to inspect those records under § 16-2331 and in accordance with the procedures governing the release of records under that section.

(3) Juvenile social records shall be released only to persons and entities permitted to inspect those records under § 16-2332 and in accordance with the procedures governing the release of records under that section.

(4) Law enforcement records shall be released only to person and entities permitted to inspect those records under § 16-2333 and in accordance with the procedures governing the release of records under that section.

(5) All other Department records pertaining to youth who are currently in or were previously in the custody of the Department shall be released only to persons and entities permitted to inspect juvenile social records under § 16-2332 and in accordance with the procedures governing the release of records under that section.

(b) Notwithstanding the confidentiality requirements of this section, the Mayor may establish rules for the disclosure of electronic Department data to other District government agencies statutorily charged with the care, treatment, and rehabilitation of youth in the District’s custody for purposes of coordination care, treatment, and rehabilitation services for youth and Department tracking and trending reports; provided, that the Department data is maintained, transmitted, and stored in a manner to protect the security and privacy of the youth identified and to prevent the disclosure of any of the data or information to any individual, entity, or agency not designated in this subsection.

(c) Notwithstanding the confidentiality requirements of this section, or any other provision of law, the Mayor, or the Mayor's designee, any member of the Council, the Office of the Attorney General, the District of Columbia Auditor, and the District of Columbia Inspector General shall be permitted to obtain the records pertaining to youth who are currently in or were previously in the custody of the Department regardless of the source of the information contained in those records, when necessary for the discharge of their duties; provided, that the Department data is maintained, transmitted, and stored in a manner to protect the security and privacy of the youth identified and to prevent the disclosure of any of the data or information to any individual, entity, or agency not designated pursuant to subsection (b) of this section.

(d) Notwithstanding the confidentiality requirements of this section, or any other provision of law, a law enforcement officer may obtain records pertaining to youth who are currently or were previously in the custody of the Department, other than juvenile case records, as that term is defined in § 16-2331(a), and juvenile social records, as that term is defined in § 16-2331(a), for the purpose of investigating a crime allegedly involving a youth in the custody of the Department. The confidentiality of any information disclosed to law enforcement officers pursuant to this section shall be maintained pursuant to § 16-2333.

(e)(1) The Department shall inform the Attorney General, and the committed youth's counsel, in advance:

(A) As soon as is practicable, each time a committed youth is released from a hardware or a staff secure facility, regardless of the length of release; and

(B) Within 24 hours, each time a committed youth:

(i) Escapes from a hardware secure facility or a staff secure facility; or

(ii) Absconds from a community placement.

(2) This subsection shall not apply to any youth who is committed only for a status offense.

(f) Notwithstanding subsection (a)(5) of this section, unless the release of the information is otherwise prohibited by law or the information relates to medical, dental, or mental health appointments, the Attorney General, at the Attorney General's discretion, may disclose information received from the Department pursuant to subsection (e) of this section to:

(1) Any victim, any eyewitness, or any duly authorized attorney of any victim or witness;

(2) Any immediate family member or custodian of any victim or eyewitness, if the victim or eyewitness is a child or if the victim is deceased or incapacitated, or any duly authorized attorney of such immediate family member or custodian; or

(3) The parent or guardian of the committed youth.

(g) Neither the Department's failure to timely inform the Attorney General or committed youth's counsel pursuant to subsection (e)(1) of this section nor the Attorney General's decision to disclose information pursuant to subsection (f) of this section shall serve as the basis for delaying the release of a committed youth from a hardware secure facility or staff secure facility.

(h) No person shall disclose, inspect, or use records in violation of this section. A violation of this section shall constitute a violation of § 16-2336.

(Apr. 12, 2005, D.C. Law 15-335, § 106, 52 DCR 2025; Sept. 23, 2009, D.C. Law 18-50, § 2, 56 DCR 5487; Mar. 8, 2011, D.C. Law 18-284, § 2, 57 DCR 10477; Sept. 26, 2012, D.C. Law 19-171, § 21, 59 DCR 6190; Mar. 11, 2024, D.C. Act 25-410, § 3(b), 71 DCR 2693.)

Effect of Amendments

D.C. Law 18-50 added subsec. (c).

D.C. Law 18-284 rewrote subsec. (a); and added subsec. (d). Prior to amendment, subsec. (a) read as follows: “(a) Records pertaining to youth in the custody of the Department or contract providers shall be privileged and confidential and shall only be released pursuant to § 16-2332.”

The 2012 amendment by D.C. Law 19-171 substituted “D.C. Official Code § 16-2332” for “ section 16-2332” in (a)(5).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 3(b) of Secure DC Omnibus Emergency Amendment Act of 2024 (D.C. Act 25-410, Mar. 11, 2024, 71 DCR 2693).

For temporary (90 day) addition, see § 106 of Department of Youth Rehabilitation Services Establishment Emergency Act of 2004 (D.C. Act 15-657, December 29, 2004, 52 DCR 481).

For temporary (90 day) addition, see § 106 of Department of Youth Rehabilitation Services Establishment Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-58, March 17, 2005, 52 DCR 3182).

For temporary (90 day) amendment of section, see § 2 of Juvenile Records Access Emergency Amendment Act of 2008 (D.C. Act 17-532, October 2, 2008, 55 DCR 11048).

For temporary (90 day) amendment of section, see § 2 of Records Access Emergency Amendment Act of 2009 (D.C. Act 18-17, February 24, 2009, 56 DCR 1939).

For temporary (90 day) amendment of section, see § 2 of Records Access Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-76, May 25, 2009, 56 DCR 4153).

For temporary (90 day) amendment of section, see § 2 of Second Records Access Emergency Amendment Act of 2009 (D.C. Act 18-105, June 12, 2009, 56 DCR 4670).

Temporary Legislation

Section 2 of D.C. Law 18-8 added subsec. (c) to read as follows:

“(c) Notwithstanding the confidentiality requirements of this section, the Chairman of the Committee on Human Services, or his designee, shall be permitted to obtain the records pertaining to youth in the custody of the Department when necessary for the discharge of the committee’s duties; provided, that the Department data is maintained, transmitted, and stored in a manner to protect the security and privacy of the youth identified and to prevent the disclosure of any of the data or information to any individual, entity, or agency not designated pursuant to subsection (b) of this section.”.

Section 4(b) of D.C. Law 18-8 provided that the act shall expire after 225 days of its having taken effect.

Mayor's Orders

Mayor’s Designation under the Second Records Access Emergency Amendment Act of 2009, see Mayor’s Order 2009-164, September 25,

Delegation of Authority

Delegation of Authority under D.C. Law 18-50, the Records Access Amendment Act of 2009, see Mayor’s Order 2011-164, September 28, 2011 ( 58 DCR 8616).

§ 2–1515.06a. Quarterly report on status of Medicaid eligibility.

Beginning February 1, 2012, the Department shall issue quarterly reports on the status of the Money Follows the Person program. The report shall include the following:

(1) The number of applications submitted for Medicaid;

(2) The number of applications approved for Medicaid; and

(3) The amount of money obtained from Medicaid.

§ 2–1515.07. Rules; authority to execute contracts and grants.

(a) The Mayor, pursuant to subchapter I of Chapter 5 of this title, shall issue rules to implement the provisions of this subchapter.

(b) The Mayor may execute contracts, grants, and other legally binding documents to implement the provisions of this subchapter.

(Apr. 12, 2005, D.C. Law 15-335, § 107, 52 DCR 2025.)

Emergency Legislation

For temporary (90 day) addition, see § 107 of Department of Youth Rehabilitation Services Establishment Emergency Act of 2004 (D.C. Act 15-657, December 29, 2004, 52 DCR 481).

For temporary (90 day) addition, see § 107 of Department of Youth Rehabilitation Services Establishment Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-58, March 17, 2005, 52 DCR 3182).

For temporary (90 day) amendment of section, see § 2 of Oak Hill Construction Streamlining Emergency Amendment Act of 2006 (D.C. Act 16-332, March 23, 2006, 53 DCR 2594).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of Oak Hill Construction Streamlining Temporary Amendment Act of 2006 (D.C. Law 16-136, June 16, 2006, law notification 53 DCR 5764).

§ 2–1515.08. Transfers.

(a) All real or personal property, leased or assigned to the Department of Human Services on behalf of the Youth Services Administration, positions, assets, records, and obligations, and all unexpended balances of appropriations, allocations, and other funds available or to be made available relating to those powers, duties, functions and operations of the Department of Human Services as set forth in, and utilized to carry out, section III (S) and III (W) of Reorganization Plan No. 3 of 1986, effective January 3, 1987, relating to the Youth Services Administration are hereby transferred to the Department.

(b) All of the authority and functions of the Department of Human Services as set forth in section III (S) and III (W) of Reorganization Plan No. 3 of 1986, effective January 3, 1987, relating to the Youth Services Administration are hereby transferred to the Department.

(c) All real and personal property, Career and Excepted Service, Management Supervisory Service, trainee positions, assets, records, obligations, and all unexpended balances of appropriations, allocations, and other funds available or to be made available relating to the powers, duties, functions, operations, and administration of the Youth Services Administration shall become the property of the Department.

(d) All real and personal property, positions, assets, records, and obligations, and all unexpended balances of appropriations, allocations, and other funds available or to be made available relating to the powers, duties, functions, and operations of the “Compact Administrator” of the Interstate Compact on the Placement of Children, as authorized by subchapter II of Chapter 14 of Title 4 [§ 4-1421 et seq.]. shall become the property of the Department.

(e) All positions, real and personal property, assets, records, and obligations, and all unexpended balances of appropriations, allocations, and other funds available or to be made available relating to the powers, duties, functions, and operations of the Youth Services Administration of the Department of Human Services in operating and regulating secure and residential facilities, juvenile justice services, programs, and supports, shall be transferred to the Department.

(f) The Department shall recognize and bargain with collective bargaining representatives that have been duly certified by the Public Employee Relations Board and shall assume and be bound by all existing collective bargaining agreements entered into by the Youth Services Administration of the Department of Human Services, if those agreements have been approved by the Council, unless Council approval is not required by law, and, during a control year, as defined in § 47-393(4), the District of Columbia Financial Responsibility and Management Assistance Authority.

(g) Every employee of the Youth Services Administration shall be transferred to the Department. An employee transferred to the Department shall be transferred in the same classification he or she held at the Department of Human Services, Youth Services Administration, or other department, at the time of the transfer. Subject to the District’s authority to convert them to the Management Supervisory Service and the Legal Service consistent with Chapter 6 of Title 1 [§ 1-601.01 et seq.], transferred employees shall retain all rights and privileges related to their individual pay and benefits, including retirement status, so long as the employee is continuously employed by the Department or the District government, including any applicable rights and privileges provided for in § 44-906.

(h) The following rules and regulations pertaining to the licensing, oversight, and regulation of residential placement facilities for detained, delinquent youth and PINS shall remain in full force and effect unless and until repealed or superseded by action of the Department:

(1) Chapter 62 of Title 29 of the District of Columbia Municipal Regulations (Licensing of Youth Shelters, Runaway Shelters, Emergency Care Facilities and Youth Group Homes); provided, that the Department shall perform all functions that Chapter 62 vests in the Department of Human Services, Youth Services Administration, and as the contracting entity shall perform all services, licensure, oversight and investigations placement, and monitoring functions previously performed by the Department of Human Services, Youth Services Administration, pursuant to the authority granted by Chapter 21 of Title 7 [§ 7-2101.01 et seq.], except those functions which have been delegated, under the discretion of the Director of the Department, by memoranda of understanding or agreement.

(2) Chapter 63 of Title 29 of the District of Columbia Municipal Regulations (Licensing of Independent Living program for Adolescents and Young Adults); provided, that the Department shall perform all functions that Chapter 63 vests in the Department of Human Services, Youth Services Administration, and as the contracting entity shall perform all services, licensure, oversight and investigations placement, and monitoring functions previously performed by the Department of Human Services, Youth Services Administration, except those functions which have been delegated, under the discretion of the Director of the Department, by memoranda of understanding or agreement.

(3) Chapter 12 of Title 29 of the District of Columbia Municipal Regulations (Community Placement of Juvenile Offenders); provided, that the Department shall perform all functions that Chapter 12 vests in the Department of Human Services, Youth Services Administration, except those functions which have been delegated, under the discretion of the Director of the Department, by memoranda of understanding or agreement.

§ 2–1515.09. Delegation and redelegation of authority.

The Department is the successor in interest to all committed and detained youth and Person in Need of Supervision related authority delegated to the Department of Human Services, and the Director of the Department is authorized to act, either personally or through a designated representative, as a member of any committees, commissions, boards, or other bodies that include as a member the Director of the Department of Human Services.

§ 2–1515.10. Repealer.

All organizational orders and parts of orders in conflict with any of the provisions of this title are repealed, except that any regulations adopted or promulgated by virtue of the authority granted by these orders shall remain in force until properly revised, amended, or repealed.

Part B. Limitations on the Use of Restraints.

§ 2–1515.51. Definitions.

For the purposes of this part, the term:

(1) “Administrator” means the superintendent of the secure juvenile residential facility, or the director of the facility under the control of the Department of Youth Rehabilitation Services, or any designees thereof, including medical and correctional staff.

(2) “Confined” means housed, detained, or serving a commitment in a secure juvenile residential facility or other facility under the control of the Department of Youth Rehabilitation Services.

(3) “Labor” means the period of time before a birth during which contractions are of sufficient frequency, intensity, and duration to bring about effacement and progressive dilation of the cervix and shall include any medical condition in which a woman is sent or brought to a medical facility for the purpose of delivering her baby.

(4) “Medical facility” shall include a hospital, birthing center, or clinic.

(5) “Postpartum recovery” means a period of recovery following childbirth or miscarriage or termination of a pregnancy as determined by a physician to be medically necessary for healing.

(6) “Restraints” means any device used to control or bind the movement of a person’s body or limbs.

(7) “Secure juvenile residential facility” shall have the same meaning as provided in § 22-2603.01(7).

§ 2–1515.52. Use of restraints by places of confinement.

(a) In any instance that restraints are used on a confined youth who is known to be pregnant, the restraints used must be the least restrictive available and the most reasonable under the circumstances.

(b) In any instance that the restraints used on a confined youth who is known to be pregnant require restraints more restrictive than the least restrictive available, the use of such restraints shall be subject to the reporting requirements of § 2-1515.53.

(c) Except as provided in subsection (d) of this section, no confined youth who is is known to be pregnant or is in postpartum recovery shall be put in restraints at any time, including during transport to a medical facility or while receiving treatment at a medical facility.

(d)(1) The Administrator may authorize the use of restraints on a confined youth who is known to be pregnant or is in postpartum recovery after making an individualized determination, at the time that the use of restraints is considered, that extraordinary circumstances apply and restraints are necessary to prevent the confined youth from injuring herself or others, including medical or correctional personnel.

(2) Notwithstanding the authorization by the Administrator under paragraph (1) of this subsection, if the doctor, nurse, or other health professional treating the confined youth determines that the removal of the restraints is medically necessary to protect the health or safety of the youth, or her baby, the restraints shall be removed immediately.

(e) The Administrator shall not authorize the use of restraints on a confined youth who is in labor.

§ 2–1515.53. Reporting requirements.

(a)(1) Within 10 days after the Administrator authorizes the use of restraints pursuant to § 2-1515.52(b), § 2-1515.52(c), or § 2-1515.52(d), the Administrator shall submit a written statement to the Director of the Department of Youth Rehabilitation Services in the case of confined youth explaining the extraordinary circumstances and the reasons the use of restraints were necessary.

(2) The written statement must not include personal identifying information of the confined youth on whom restraints were used.

§ 2–1515.54. Notice requirements.

The Administrator shall provide notice of the requirements of this part to:

(1) The relevant staff at the place of confinement, including:

(A) All medical staff;

(B) Staff and contractors who are involved in the transport of confined youth of child-bearing age; and

(2) All youth who are in their third trimester of pregnancy at the time the place of confinement takes custody of the person.

Subchapter I-B. Youth Jobs Fund.

§ 2–1516.01. Youth Jobs Fund. [Repealed]

Repealed.

(Aug. 16, 2008, D.C. Law 17-219, § 1009, 55 DCR 7598; Feb. 26, 2015, D.C. Law 20-155, § 9016, 61 DCR 9990.)

Emergency Legislation

For temporary (90 days) repeal of this section, see §§ 9016 and 9029 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) repeal of this section, see § 9016 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) repeal of this section, see § 9016 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

Short Title

Short title: Section 1008 of D.C. Law 17-219 provided that subtitle D of title I of the act may be cited as the “Youth Jobs Fund Establishment Act of 2008”.

Editor's Notes

Section 9029 of D.C. Law 20-155 provided that the repeal by § 9016 of the act shall apply as of September 30, 2014.

Subchapter I-C. Youth Behavioral Health.

Part A. Youth Behavioral Health Epidemiology Report.

§ 2–1517.01. Definitions.

For the purposes of this part, the term:

(1) “Behavioral health” means a person’s overall social, emotional, and psychological well-being and development.

(2) “Youth” means individuals under 18 years of age residing in the District and those individuals classified as youth in the custody of the Department of Youth Rehabilitation Services and the Child and Family Services Agency who are 21 years of age or younger.

(June 7, 2012, D.C. Law 19-141, § 102, 59 DCR 3083.)

Emergency Legislation

For temporary (90 day) amendment of section 601 of D.C. Law 19-141, see § 7004 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 days) amendment of D.C. Law 19-141, § 601, see § 4112 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) addition of a provision concerning the Deputy Mayor for Education’s additional reporting requirements, see § 10007 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) addition of a provision concerning the Deputy Mayor for Education’s additional reporting requirements, see § 10007 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) addition of a provision concerning the Deputy Mayor for Education’s additional reporting requirements, see § 10007 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

Short Title

Section 4111 of D.C. Law 20-61 provided that Subtitle K of Title IV of the act may be cited as the “South Capitol Street Memorial Amendment Act of 2013”.

Editor's Notes

Section 601 of D.C. Law 19-141 provided: “Sec. 601. Applicability. This act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan.”

Section 7004 of D.C. Law 19-168 amended D.C. Law 19-141, § 601, to read as follows:

“Sec. 601. Applicability. Sections 302(b)(1), 304, and 502(a) shall apply upon the inclusion of their fiscal effect in an approved budget and financial plan.”

Section 7016 of D.C. Law 19-168 provided that Sections 7001, 7004, 7007, 7009, 7011, and 7015 of the act shall apply as of June 19, 2012.

Section 10007 of D.C. Law 20-155 provided: “Deputy Mayor for Education reporting requirements.

“By October 1, 2014, the Deputy Mayor for Education shall submit to the Council:

“(1) A report on its continued implementation of the South Capitol Street Memorial Amendment Act of 2012, effective June 7, 2012 (D.C. Law 19-141; D.C. Official Code Section 2-1517.01 et seq.), including a Fiscal Year 2015 spending plan;

“(2) Recommendations on expanding transportation subsidies to students between the ages of 21-24 years old enrolled in DCPS or a public charter school;

“(3) An update on the activities and Fiscal Year 2015 goals of the State Early Childhood Development Coordinating Council; and

“(4) A report on implementation of the Graduation Pathways Project and how it will identify students who are off-track, assess current programs, and create or expand programs in both sectors that have demonstrated success at reducing truancy and keeping students on track to graduate on time.”

§ 2–1517.02. Youth behavioral health epidemiological report.

By March 30, 2013, and every 5 years thereafter, the Mayor shall submit a report to the Council on the behavioral health of District youth. At minimum, the report shall include:

(1) The type and prevalence of behavioral health conditions among youth broken down, if possible, by age, gender, race, ward residence, and sexual orientation;

(2) The level of utilization of behavioral health services by youth and the location of the services accessed; and

(3) An analysis of any barriers or obstacles preventing youth from accessing behavioral health services and recommendations for making the services more accessible.

(June 7, 2012, D.C. Law 19-141, § 103, 59 DCR 3083.)

Emergency Legislation

For temporary (90 days) amendment of D.C. Law 19-141, § 601, see § 4112 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

Editor's Notes

Part B. Early Childhood and School-Based Behavioral Health Infrastructure.

§ 2–1517.31. Definitions.

For the purposes of this part, the term:

(1) “Behavioral health” means a person’s overall social, emotional, and psychological well-being and development.

(1A) "DC Prevention Center" means a District of Columbia neighborhood-based center that promotes healthy, drug-free living.

(2) “Health education standards” means the specific learning requirements related to health that the Office of the State Superintendent of Education requires students to learn at each academic level, from pre-K through 12th grade.

(3) "Resilience building" means the process by which individuals become better at reframing thought patterns and tapping into a strengths-based approach to working through obstacles.

(4) "School behavioral health coordinator" means a public or public charter school employee who coordinates behavioral health services and referrals.

(June 7, 2012, D.C. Law 19-141, § 204; June 7, 2012, D.C. Law 19-141, § 202, 59 DCR 3083; Sept. 6, 2023, D.C. Law 25-50, § 5052(a), 70 DCR 10366.)

Emergency Legislation

For temporary (90 days) amendment of D.C. Law 19-141, § 601, see § 4112 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

Short Title

Section 4111 of D.C. Law 20-61 provided that Subtitle K of Title IV of the act may be cited as the “South Capitol Street Memorial Amendment Act of 2013”.

Editor's Notes

§ 2–1517.32. Early childhood and school-based behavioral health comprehensive plan.

(a) By March 30, 2013, the Mayor shall submit a comprehensive plan to the Council for the expansion of early childhood and school-based behavioral health programs and services by the 2016-2017 school year. At minimum, the plan shall:

(1) Establish a strategy to enhance behavioral health services in all public schools and public charter schools, including:

(A) The implementation of programs that:

(i) Include interventions for families of students with behavioral health needs;

(ii) Reduce aggressive and impulsive behavior; and

(iii) Promote social and emotional competency in students; and

(B) The expansion of school-based mental health services as follows:

(i) By the 2014-2015 school year, services are available to at least 50% of all public and public charter school students;

(ii) By the 2015-2016 school year, services are available to at least 75% of all public and public charter school students; and

(iii) By the 2016-2017 school year, services are available to all public and public charter school students;

(2) Include an analysis of whether current health education standards align with actual behavioral health needs of youth and any recommendations for proposed changes; and

(3) Provide recommendations for the expansion of behavioral health programs and services at child development facilities.

(b)(1) The Mayor shall not alter the school-based behavioral health programs and services model for the 2017-2018 school year.

(2) There is established a Task Force on School Mental Health ("Task Force") to steer the creation of a comprehensive plan to expand school-based behavioral health programs and services. The Task Force shall consist of the following:

(A) The Deputy Mayor for Health and Human Services or his or her designee, to co-chair the task force;

(B) The Deputy Mayor for Education or his or her designee;

(D) The State Superintendent of Education or his or her designee;

(E) A Department of Behavioral Health school mental health program clinician appointed by the Chairperson of the Committee on Health, in consultation with committee members;

(F) The Chairperson of the Committee on Health or his or her designee;

(G) The Chairperson of the Committee on Education or his or her designee;

(H) A Department of Behavioral Health school mental health program clinician appointed by the Mayor;

(I) A representative of a core service agency appointed by the Mayor;

(J) A non-core service agency school mental health provider appointed by the Mayor;

(K) A District of Columbia Public Schools representative appointed by the Mayor;

(L) A parent of a District of Columbia Public Schools student and a parent of a District of Columbia public charter school student appointed by the Chairperson of the Committee on Education, in consultation with committee members;

(M) A non-core service agency school mental health provider appointed by the Chairperson of the Committee on Education, in consultation with committee members;

(N) A District of Columbia public charter school representative appointed by the Chairperson of the Committee on Education, in consultation with committee members;

(O) A representative of a core service agency appointed by the Chairperson of the Committee on Health, in consultation with committee members; and

(P) A school mental health expert appointed by the Chairperson of the Committee on Health, in consultation with committee members, to co-chair the task force.

(3) The Task Force shall review the comprehensive plan submitted to the Committee on Health and the Committee on Education on May 9, 2017, by the Deputy Mayor for Health and Human Services ("Deputy Mayor").

(4) By February 9, 2018, the Task Force shall provide a report to the Council and the Mayor that includes the following:

(A) An evaluation of the comprehensive plan submitted under paragraph (3) of this subsection, including the following:

(i) Any shortcomings or defects in the plan;

(ii) An analysis of healthcare provider interest in participating in the plan;

(iii) An analysis of healthcare provider capacity to participate in the plan; and

(iv) District of Columbia Public Schools and District of Columbia public charter schools interest in participating in the plan;

(B) An analysis of the school mental health programs and providers currently operating in District of Columbia Public Schools and District of Columbia public charter schools, including best practices;

(C) An analysis of the Department of Behavioral Health's current school mental health program ("SMHP") to determine what schools participate in the SMHP and what activities occur across the schools, including an analysis of available Department of Behavioral health data, such as the following:

(i) The number of psychiatric admits for children by school;

(ii) The number of children with an individualized education plan; and

(iii) Existing SMHP data for the number of sessions and number of clients per school;

(D) A comprehensive plan to expand school-based behavioral health programs and services, which shall include:

(i) The Task Force's proposed changes to the Deputy Mayor's comprehensive plan under paragraph (3) of this subsection;

(ii) A timeline for implementation of the Task Force's comprehensive plan;

(iii) A funding source for the Task Force's comprehensive plan;

(iv) A workforce development strategy;

(v) The District-wide need for school-based behavioral health programs and services; and

(vi) Evaluation criteria to determine the common metrics all school mental health providers should collect so indicators of success may be reported across providers.

(June 7, 2012, D.C. Law 19-141, § 203, 59 DCR 3083; Dec. 13, 2017, D.C. Law 22-33, § 5052, 64 DCR 7652; July 3, 2018, D.C. Law 22-124, § 102, 65 DCR 5091.)

Applicability

Section 301 of D.C. Law 22-124 provided that the changes made to this section by D.C. Law 22-124 shall apply as of October 1, 2017.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 5052 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 5052 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) amendment of D.C. Law 19-141, § 601, see § 4112 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 108 of Fiscal Year 2018 Budget Support Clarification Temporary Amendment Act of 2017 (D.C. Law 22-44, Jan. 25, 2018, 64 DCR 12387).

Short Title

Section 4111 of D.C. Law 20-61 provided that Subtitle K of Title IV of the act may be cited as the “South Capitol Street Memorial Amendment Act of 2013”.

Editor's Notes

§ 2–1517.33. School-based behavioral health student peer educator pilot.

(a) In Fiscal Year 2024, the Department of Behavioral Health ("DBH") shall award by December 31, 2023, up to 2 grants totaling $325,000 to non-governmental entities to train and supervise, in total, at least 100 high school student behavioral health peer educators ("peer educators"). Peer educators shall work in public and public charter schools as behavioral health peer educators and perform the functions identified in subsections (d) and (e) of this section.

(b) To qualify for a grant, an applicant shall:

(1) Submit an application that specifies:

(A) At least 3 public and public charter school high schools, with a preference for schools identified in Cohort 1 of the DBH School Based Behavioral Health Program expansion or located in Wards 5, 7, or 8, that the applicant intends to partner with;

(B) The maximum number of peer educators the applicant plans to recruit, train, and supervise;

(D) Target numbers for each intervention type;

(2) Be located in the District;

(3) Have experience providing workshops and programming to youth ages 14 to 21 on behavioral health, resiliency, and workforce readiness; and

(4) Agree to:

(A) Create a plan to reach at least 25% of the students, calculated by the in-seat attendance rate, at each school the applicant partners with;

(B) Recruit, train, and supervise at least 50 peer educators to work during the 2023-2024 school year; provided, that if only one grantee is selected, the grantee shall agree to train at least 100 peer educators;

(D) On a monthly basis, provide peer educators with training and supervision, including at least 4 hours of training or supervision in person, as follows:

(i) At least 8 hours of behavioral health training;

(ii) At least 2 hours of training in workforce readiness, self-advocacy and personal agency, career exploration, life skills, and financial literacy; and

(iii) At least 4 hours of supervision;

(E) Provide quarterly reports to DBH that shall include:

(i) A list of public and public charter students working as peer educators;

(ii) A list of activities and interventions performed by peer educators;

(iii) The total number of training hours conducted with peer educators and the topics covered, including the number of peer educators who participated in each training session;

(iv) A list of the training topics that were covered during the reporting period; and

(v) Progress made on objectives and benchmarks identified in the grant agreement.

(c)(1) If there is more than one grantee, DBH shall provide an additional $25,000 from the funds identified in subsection (a) of this section to one of the grantees to serve as the coordinating organization for the pilot program. If only one grantee is selected, that grantee shall perform the duties of the coordinating organization.

(2) The coordinating grantee organization shall:

(A) Develop and collect behavioral health training curricula for peer educator training;

(B) Collect and share on a public dashboard or database data on peer educators' activities;

(C) Compile and maintain a public dashboard or database of information on the public and public charter schools in the pilot program, which shall include:

(i) The contact information and school location of clinicians and peer educators;

(ii) Information on school services and programs; and

(iii) A method for students and caregivers to make appointments with behavioral health staff and submit referrals for services.

(d) Peer educators shall perform at least 3 of the following activities:

(1) Conducting behavioral health classroom presentations and trainings;

(2) Working with public and public charter school clinicians and staff to co-lead support groups;

(3) Distributing paper and electronic materials on behavioral health and resilience-building topics;

(4) Distributing paper and electronic materials to public and public charter students on school and community behavioral health services, programs, and resources; and

(5) Conducting individual education sessions with public and public charter students on behavioral health and resilience-building topics.

(e) Peer educators may perform the following additional activities:

(1) Creating and leading school and community events and programs;

(2) Creating a website that includes public and public charter school behavioral health services and resources and behavioral health educational information;

(3) Surveying public and public charter students regarding their ability to access school and community-based behavioral health resources;

(4) Partnering with a DC Prevention Center to increase youth access to drug prevention resources;

(5) Partnering with governmental and non-governmental youth and adult peer support specialists; and

(6) Any other activities or interventions that increase public and public charter school student access to school and community based behavioral health services and resources, and behavioral health information.

(f) DBH shall provide to the grantees and peer educators the contact information, including phone number, email address, and office location, of public and public charter school clinicians and school behavioral health coordinators and connect grantees and peer educators with the clinicians and school behavioral health coordinators and with the operators of the DC Prevention Centers.

Part C. Child Welfare and Juvenile Justice Behavioral Health Infrastructure.

§ 2–1517.51. Family resource guide.

(a) By October 1, 2013, the Mayor shall create a comprehensive resource guide for families who come into contact with the child welfare or juvenile justice systems. The guide shall include:

(1) A clear explanation of the rights and responsibilities of children and families;

(2) The role of District agencies, including the:

(A) Child and Family Services Agency;

(B) Department of Youth Rehabilitation Services;

(D) Department of Health Care Finance;

(3) The role of the courts;

(4) District government and non-governmental resources related to behavioral health, including contact information; and

(5) Websites for District government agencies and nongovernment resources related to behavioral health.

(b) The resource guide shall be:

(1) Made publicly available on the Internet;

(2) Updated as necessary, along with updates of the information described in subsection (a)(4) and (5) of this section; and

(3) Made available to other District agencies for distribution.

(June 7, 2012, D.C. Law 19-141, § 502, 59 DCR 3083.)

Emergency Legislation

For temporary (90 days) amendment of D.C. Law 19-141, § 601, see § 4112 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

Short Title

Section 4111 of D.C. Law 20-61 provided that Subtitle K of Title IV of the act may be cited as the “South Capitol Street Memorial Amendment Act of 2013”.

Editor's Notes

§ 2–1517.52. Department of Youth Rehabilitation Services behavioral health and compliance report.

The Mayor shall submit a report to the Council by March 30 of each year, which shall include:

(1) The number of youth:

(A) Who were committed to the Department of Youth Rehabilitation Services (“DYRS”) during the previous calendar year;

(B) Who received the required behavioral health screening;

(D) Who received a behavioral health assessment; and

(E) Who were referred to appropriate services;

(2) The reasons why a committed youth in DYRS did not receive the required behavioral health screening or behavioral health assessment, if any; and

(3) If necessary, recommendations on how DYRS can ensure that all of its committed youth are receiving the required behavioral health screenings and behavioral health assessments along with an estimate of the time it will take to meet that requirement.

(June 7, 2012, D.C. Law 19-141, § 503, 59 DCR 3083.)

Emergency Legislation

For temporary (90 days) amendment of D.C. Law 19-141, § 601, see § 4112 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

Short Title

Section 4111 of D.C. Law 20-61 provided that Subtitle K of Title IV of the act may be cited as the “South Capitol Street Memorial Amendment Act of 2013”.

Editor's Notes

Section 601 of D.C. Law 19-141, as amended by D.C. Law 19-168, § 7004, provided that §§ 302(b)(1), 304, and 502(a) of the act shall apply upon the inclusion of their fiscal effect in an approved budget and financial plan.

Subchapter II. Commission on Youth Affairs. [Repealed].

§ 2–1521. Definitions.

Repealed.

(Mar. 16, 1989, D.C. Law 7-227, § 2, 36 DCR 607; Apr. 29, 1998, D.C. Law 12-86, § 401, 45 DCR 1172.)

Prior Codifications

1981 Ed., § 1-2621.

Emergency Legislation

Temporary Legislation

Editor's Notes

Section 2402 of D.C. Law 13-38 provided: “There is established a Children and Youth Initiative (’Initiative’) to provide out-of-school programs for District of Columbia children and youth.”

Mayor's Orders

Establishment of the D.C. Intragovernmental Youth Investment Collaborative, see Mayor’s Order 99-60, March 16, 1999 ( 46 DCR 2932).

§ 2–1522. Commission on Youth Affairs; established. [Repealed]

Repealed.

§ 2–1523. Powers and duties of Commission. [Repealed]

Repealed.

§ 2–1524. Donation and grants. [Repealed]

Repealed.

§ 2–1525. Interdepartmental advisory committee. [Repealed]

Repealed.

§ 2–1526. Expenses of Commission members. [Repealed]

Repealed.

§ 2–1527. Staffing and budget. [Repealed]

Repealed.

§ 2–1528. Biannual reports. [Repealed]

Repealed.

§ 2–1529. Rules. [Repealed]

Repealed.

Subchapter II-A. Gang and Crew Intervention Joint Working Group.

§ 2–1531.01. Establishment of a Gang and Crew Intervention Joint Working Group.

(a) By December 31, 2009, the Mayor shall create a Gang and Crew Intervention Joint Working Group (“Joint Working Group”) consisting of members of the Executive Committee of the Citywide Coordinating Council for Youth Violence Prevention (“CCCYVP”) and the core Focused Improvement Area (“FIA”) team, to include the Metropolitan Police Department (“MPD”), the Office of the City Administrator, and other agencies as identified by the Office of the Mayor.

(b) The Joint Working Group shall develop a coordinated response to high-profile youth violence through the following measures:

(1) Assess critical incident (“CI”) need and capacity by:

(A) Identifying and mapping all CIs involving youth over the past 6 months;

(B) Determining what portion of these incidents generated a CI response from CCCYVP partners; and

(C) Evaluating the current capacity of community-based organizations funded by the District (through both the CCCYVP and Children’s Youth Investment Trust) for violence intervention to respond to CIs;

(2) Endeavor to align existing resources to respond to critical incidents by:

(A) Developing a plan to align all violence intervention initiatives funded in fiscal year 2010, regardless of funding source, into a coordinated CI strategy, to include proposals to modify contracts, as necessary;

(B) Assuring that CI resources are targeted to gang and crew “hot spots” and those neighborhoods experiencing the highest rates of youth violence; and

(3) Coordinate existing resources to respond to critical incidents by:

(A) Developing protocols for the immediate engagement of intervention partners by MPD when critical incidents occur;

(B) Assuring that Department of Parks and Recreation Roving Leaders in targeted neighborhoods are a part of the CI teams; and

(C) Engaging staff and School Resource Officers of middle and high schools in targeted neighborhoods in the CI process, as appropriate;

(4) Identify targeted youth by:

(A) Identifying existing and emerging conflicts between gangs and crews based on MPD’s Gang Intelligence Fusion Unit, MPD Division officers, and street intelligence from community partners and schools;

(B) In partnership with schools and community partners, identifying the youth most immediately at risk of involvement in violent behavior in targeted neighborhoods;

(C) Establishing and implementing a process to review unsolved violent offenses for possible gang and crew involvement; provided, that MPD shall review all unsolved suspected gang or crew homicides and attempted homicides involving minors or young adults within the last 5 years, to determine which may be connected to gang and crew violence, and deploy resources to close these cases quickly; and

(D) Partnering with Department of Youth Rehabilitation Services and Court Social Services prior to a youth’s release from detention to ensure youth and community safety are carefully planned for, including access to robust post-detention services; and

(5) Intervene with targeted youth by:

(A) Developing protocols for CIs that outline the necessary steps when responding to violent incidents involving youth, including the development of containment and de-escalation strategies that are incident-specific and designed to prevent acts of retaliation; provided, that:

(i) The protocols shall address:

(I) What information is shared;

(II) The roles and responsibilities of all parties in responding to violent incidents;

(III) Guidelines for street mediation, truces, and rumor control; and

(IV) Engagement of family members and others significant in the lives of both perpetrators and victims; and

(ii) Standards for individualized diversion plans for involved youth shall be developed that engage schools, government agencies, recreation centers, and other community-based resources;

(B) Establishing core components of an individual intervention and diversion plan, including direct outreach to all involved parties (both of the victim and alleged perpetrator), and engagement of families, schools, and community-based resources;

(C) Developing a proposal to provide flexible funds to resource these plans with the participation, as necessary, of agency personnel in review sessions and implementation; provided, that, when possible, any existing family team meeting processes at the Child and Family Services Agency and the Department of Youth Rehabilitation Services may be key elements of this process for youth involved with either of these agencies; and

(D) Identifying additional resources from agencies that should, where appropriate, be available to provide support for individual CI plans.

(c) By December 31, 2009, the Joint Working Group shall expand capacity of Critical Incident and Targeted Youth Outreach Teams through the following measures:

(1) Based on the CI capacity assessment, described in subsection (b) of this section, estimate what the current gap is between capacities and need;

(2) Assess the existing capacity of CCCYVP partners to provide targeted outreach to the highest-risk youth;

(3) Develop a plan to expand CI and targeted outreach that realistically reflects time necessary for recruitment and orientation of new staff; and

(4) Prepare a cost estimate for the short-term expansion plan, and a funding proposal for its implementation.

Subchapter II-B. Commission on Juvenile Justice Reform.

§ 2–1533.01. Establishment of the Commission on Juvenile Justice Reform.

(a) There is established a Juvenile Justice Commission (“Commission”).

(b) The Commission shall be empaneled within 30 days of September 24, 2010.

(c)(1) The Commission shall be comprised of 12 members, who shall serve without public compensation and who shall be appointed as follows:

(A) Four members to be appointed by the Chairman of the Council of the District of Columbia, in consultation with the Chairs of the related committees of the Council, one of whom shall be a representative of the public;

(B) Four members to be appointed by the Mayor, one of whom shall be a representative of the public; and

(C) Four members to be appointed by the Chief Judge of the Superior Court of the District of Columbia, one of whom shall be a representative of the public.

(2) The Chair of the Commission shall be selected by the members of the Commission.

(d)(1) To be eligible for appointment as a Commissioner, other than as a member of the public, a person shall have individual expertise in a relevant discipline and familiarity with the laws, standards, and services related to youth safety and juvenile justice reform.

(2) To be eligible for appointment as a Commissioner as a representative of the public, a person shall not be required to have special expertise of any kind.

(e) The Office of the City Administrator shall provide administrative and staff support for the Commission and seek private financial support.

(Sept. 24, 2010, D.C. Law 18-223, § 5142, 57 DCR 6242.)

Emergency Legislation

For temporary (90 day) addition, see § 5142 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary establishment of the Alternatives to Juvenile Arrest and Secured Detention Working Group, see §§ 3041-3044 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384), applicable as of October 1, 2013.

For temporary establishment of the Alternatives to Juvenile Arrest and Secured Detention Working Group, see §§ 3041-3045 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 11384), applicable as of October 1, 2013.

Short Title

Short title: Section 5141 of D.C. Law 18-223 provided that subtitle O of title V of the act may be cited as the “Commission on Juvenile Justice Reform Establishment Act of 2010”.

Section 3041 of D.C. Law 20-61 provided that Subtitle E of Title III of the act may be cited as the “Alternatives to Juvenile Arrest and Secured Detention Working Group Establishment Act of 2013”.

Editor's Notes

For a temporary (225 days) establishment of a new Office of Independent Juvenile Justice Facilities Oversight in the executive branch of the District of Columbia government upon the sunset of the operations of the Office of Independent Juvenile Facilities Oversight established pursuant to section VIII of Mayor's Order 2020-115, see section 3 of D.C. Law 25-126.

For a temporary (90 days) establishment of a new Office of Independent Juvenile Justice Facilities Oversight in the executive branch of the District of Columbia government upon the sunset of the operations of the Office of Independent Juvenile Facilities Oversight established pursuant to section VIII of Mayor's Order 2020-115, see section 2 of D.C. Act 25-328.

Sections 3042 to 3045 of D.C. Law 20-61 established an Alternatives to Juvenile Arrest and Secured Detention Working Group (“Working Group”), responsible for developing a differential response policy, program, and budget for juvenile arrests with the goal of diverting more youth from arrest, prosecution, overnight detention, or pre-trial detention.

§ 2–1533.02. Juvenile Justice Reform Report.

Within 180 days of the empaneling of the Commission, pursuant to § 2-1533.01, the Commission shall submit a report to the Council of the District of Columbia, which shall include:

(1) A review and assessment of the implementation of the reforms recommended in the Report of the Blue Ribbon Commission on Youth Safety and Juvenile Justice Reform;

(2) A review and assessment of the reforms recommended in the Blueprint for Action: Responding to Gang, Crew and Youth Violence in D.C.;

(3) An analysis of Part 1 and Part 2 juvenile-arrest cases of the preceding 3 years;

(4) An analysis of recidivism rates at the Department of Youth Rehabilitation Services (“DYRS”) and Court Social Services (“CSS”) of the preceding 3 years;

(5) An assessment of the federal, local, and private resources available to DYRS and CSS; and

(6) Recommendations on streamlining available resources and on increased coordination, transparency, and accountability between CSS, DYRS, the Metropolitan Police Department, and other District agencies to ensure the confidential sharing of key information between these agencies and with identified community organizations with professional interest in the well-being of youth.

Subchapter II-C. Youth Bullying Prevention.

§ 2–1535.01. Definitions.

For the purposes of this subchapter, the term:

(1) “Agency” means a District government entity that provides services, activities, or privileges to youth, including the:

(A) Office of the State Superintendent of Education;

(B) Department of Parks and Recreation;

(D) University of the District of Columbia.

(2)(A) “Bullying” means any severe, pervasive, or persistent act or conduct, whether physical, electronic, or verbal that:

(i) May be based on a youth’s actual or perceived race, color, ethnicity, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, intellectual ability, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, source of income, status as a victim of an intrafamily offense, place of residence or business, or any other distinguishing characteristic, or on a youth’s association with a person, or group with any person, with one or more of the actual or perceived foregoing characteristics; and

(ii) Can be reasonably predicted to:

(I) Place the youth in reasonable fear of physical harm to his or her person or property;

(II) Cause a substantial detrimental effect on the youth’s physical or mental health;

(III) Substantially interfere with the youth’s academic performance or attendance; or

(IV) Substantially interfere with the youth’s ability to participate in or benefit from the services, activities, or privileges provided by an agency, educational institution, or grantee.

(B) For the purposes of this paragraph, the terms “familial status,” “family responsibilities,” “gender identity or expression,” “genetic information,” “intrafamily offense,” “marital status,” “matriculation,” “personal appearance,” “political affiliation,” “sexual orientation,” and “source of income” shall have the same meaning as provided in § 2-1401.02.

(3) “Educational institution” means any local education agency that receives funds from the District of Columbia.

(4) “Electronic communication” means a communication transmitted by means of an electronic device, including a telephone, cellular phone, computer, tablet, pager, or video or audio recording.

(5) “Employee” means an individual who performs a function for the District government for an agency, educational institution, or grantee who receives compensation for the performance of that function.

(6) “Grantee” means an entity or a contractor of an entity that, on behalf of the District government or through District funding, provides services, activities, or privileges to youth.

(7) “Human Rights Act” means Unit A of Chapter 14 [§ 2-1401.01 et seq.].

(8) “Party” means a person accused of bullying, a target of bullying, or a parent or guardian of either a person accused of bullying or a target of bullying.

(9) “Youth,” depending on the context, means:

(A) An individual of 21 years of age or less who is enrolled in an educational institution or who accesses the services or programs provided by an agency or grantee, or an individual of 22 years of age or less who is receiving special education services from an educational institution; or

(B) Individuals as described in subparagraph (A) of this paragraph considered as a group.

§ 2–1535.02. Bullying prevention task force.

(a) Within 90 days of September 14, 2012, the Mayor shall establish a bullying prevention task force.

(b)(1) The task force shall consist of representatives from a diversity of the educational institutions and agencies that will be affected by this subchapter, as well as community representatives, including:

(A) Teachers;

(B) Administrators from educational institutions and agencies;

(D) Parents, and legal guardians;

(E) Youth;

(F) Direct service providers; and

(G) Advocates.

(2) In constituting this task force, the Mayor shall consider geographic and socioeconomic diversity as well as other forms of diversity.

(1) Provide guidance to the Mayor on the implementation of this subchapter;

(2) Within 180 days of September 14, 2012, publicize a model policy, which shall contain each of the components required in § 2-1535.03(b);

(3) Assist educational institutions and agencies with developing policies in accordance with § 2-1535.03;

(4) Compile, and make available to each agency, educational institution, and grantee, a list of free or low-cost methods for establishing the bullying prevention programs authorized in § 2-1535.06;

(5) Within 180 days of receipt of the bullying prevention policies submitted pursuant to § 2-1535.03(c), review each adopted policy for compliance with the requirements of § 2-1535.03(b);

(5A) Appropriately engage parents and legal guardians of youth served by each agency in bullying prevention efforts;

(5B) Provide to each agency and parents or legal guardians a referral list of community-based programs or similar resources that mitigate bullying and address identified behavioral health needs as necessary;

(5C) Provide consultation and review evidence-based school climate data to ensure full implementation of the law; and

(6) Promulgate guidelines to assist the Mayor in evaluating the effectiveness of the bullying prevention policies that have been established.

(d) The task force shall disband by August 2018; provided, that at the discretion of the Mayor, a one-year extension may be granted by the Mayor.

§ 2–1535.03. Bullying prevention policy.

(a) Within 365 days of September 14, 2012, in coordination with the task force established pursuant to § 2-1535.02, each agency, educational institution, and grantee shall adopt a bullying prevention policy to be enforced:

(1) On its property, including electronic communication on, or with, its property;

(2) At sponsored functions;

(3) On its transportation, or transportation sponsored by it; and

(4) Through electronic communication to the extent that it is directed at a youth and it substantially interferes with the youth’s ability to participate in or benefit from the services, activities, or privileges provided by the agency, education institution, or grantee.

(b) Each agency, educational institution, and grantee shall control the content of its policy; provided, that each policy includes:

(1) The definition of bullying set forth in § 2-1535.01(2);

(2) A statement prohibiting bullying;

(3) A statement that the policy applies to participation in functions sponsored by the agency, educational institution, or grantee;

(4) The expected code of conduct;

(5) A list of the consequences that can result from an identified incident of bullying, which are designed to;

(A) Appropriately correct the bullying behavior;

(B) Prevent another occurrence of bullying or retaliation;

(D) Be flexible so that in application they can be unique to the individual incident and varied in method and severity based on the:

(i) Nature of the incident;

(ii) Developmental age of the person bullying; and

(iii) Any history of problem behavior from the person bullying;

(6) A procedure for reporting bullying or retaliation for reporting an act of bullying, including for reporting bullying anonymously; provided, that no formal response shall be taken solely on the basis of an anonymous report;

(7) A procedure for prompt investigation of reports of violations of its policy and of complaints of bullying or retaliation, including the name and contact information of the person responsible for investigating reports;

(8) An appeal process, in accordance with § 2-1535.04, for a person accused of bullying or a person who is the target of bullying who is not satisfied with the outcome of the initial investigation; and

(9) A statement that prohibits retaliation against any person who reports bullying, including the possible consequences for a person who engages in retaliatory behavior.

(c) Within 365 days of September 14, 2012, each agency, educational institution, and grantee shall submit a copy of its adopted policy to the task force, pursuant to § 2-1535.02(c)(5).

(d) The requirements of this subchapter and any policy adopted pursuant to this subchapter shall be deemed to constitute health and safety requirements for educational institutions.

(e) Information on the bullying prevention policy shall be incorporated into new employee training.

(f) Each agency, educational institution, and grantee shall develop a plan for how the policy is to be publicized, including the plan for:

(1) Discussing its bullying policy with youth; and

(2) Publicizing that the policy applies to participation in functions sponsored by an agency, educational institution, or grantee.

§ 2–1535.04. Secondary investigation appeal.

(a)(1) A party who is not satisfied with the outcome of the initial investigation conducted pursuant to § 2-1535.03(b)(7) may request a secondary investigation by submitting a written appeal to the higher-level authority in the agency, educational institution, or grantee designated to hear appeals within 30 days of the conclusion of the investigation conducted pursuant to § 2-1535.03(b)(7).

(2) The secondary investigation shall be completed within 30 days of receipt of the appeal, unless:

(A) Circumstances require additional time to complete a thorough investigation;

(B) The higher-level authority sets forth those circumstances in writing; and

(b)(1) When an appeal for a secondary investigation is submitted, the agency, educational institution, or grantee shall inform the party about his or her ability to seek further redress under the Human Rights Act.

(2) This section shall not be construed to limit the right of a person to assert or seek redress for a claim arising under the Human Rights Act.

§ 2–1535.05. Retaliation.

(a) An employee, volunteer, or youth shall not retaliate against a victim or witness of bullying or a person who reports bullying.

(b) An employee or volunteer who has witnessed bullying in violation of a bullying prevention policy that is consistent with § 2-1535.03(a), or has reliable information that a person has been subject to bullying in violation of a bullying prevention policy that is consistent with § 2-1535.03(a), shall report the incident or information to the person designated by the agency, educational institution, or grantee, in accordance with § 2-1535.03(b)(7), as responsible for investigating the reports.

(c) An employee, volunteer, or youth who promptly and in good faith reports an incident of, or information on, bullying in compliance with the policy of the agency, educational institution, or grantee shall be immune from a cause of action for damages arising from the making of such report.

§ 2–1535.06. Bullying prevention programs.

Following the adoption of a bullying prevention policy, as required by § 2-1535.03, each agency, educational institution, and grantee may:

(1) Establish an annual bullying prevention program for youth, which for each educational institution should align with established health-education standards;

(2) Inform youth about their right to be free from discrimination in public accommodations and education, and of the redress available for a violation of their rights under the Human Rights Act; and

(3) Provide training on bullying prevention to all employees and volunteers who have significant contact with youth.

§ 2–1535.07. Reporting requirement.

(a) Each educational institution shall provide to the Mayor, by a date determined by the Mayor, an annual report regarding the aggregate incidents of bullying, and any other information that the Mayor determines is necessary or appropriate.

(b) By September 1, 2014, and biennially thereafter, the Mayor shall:

(1) Review the programs, activities, services, and policies established pursuant to this subchapter of each agency, educational institution, or grantee to determine their effectiveness and whether the agency, educational institution, or grantee is in compliance with this subchapter; and

(2) Report the findings to the Council by December 31 of each year that a report is due, along with an assessment of the current level and nature of bullying in agencies, educational institutions, and grantees and recommendations for appropriate actions to address identified problems.

§ 2–1535.08. Availability of other remedies.

This subchapter does not create a new private right of action or provide a statutory basis for a claim for damages against the District of Columbia or its employees.

§ 2–1535.09. Rules.

The Mayor, pursuant to subchapter I of Chapter 5 of this title [§ 2-501 et seq.], may issue rules to implement the provisions of this subchapter.

Subchapter III. Juvenile Curfew.

§ 2–1541. Findings and purpose.

(a) The Council of the District of Columbia (“Council”) has determined that there has been an increase in juvenile violence, juvenile gang activity, and crime by persons under the age of 17 years in the District of Columbia.

(b) The Council has determined that persons under the age of 17 years are particularly susceptible, because of their lack of maturity and experience, to participate in unlawful and gang-related activities and to be the victims of older perpetrators of crime.

(c) The Council has an obligation to provide for the protection of minors from each other and from other persons, for the enforcement of parental control over, and responsibility for, children, for the protection of the general public, and for the reduction of the incidence of juvenile criminal activities.

(d) The Council has determined that a curfew for those under the age of 17 years will be in the interest of the public health, safety, and general welfare and will help to attain these objectives and to diminish the undesirable impact of this conduct on the citizens of the District of Columbia.

(e) The Council determines that passage of a curfew law will protect the welfare of minors by:

(1) Reducing the likelihood that minors will be the victims of criminal acts during the curfew hours;

(2) Reducing the likelihood that minors will become involved in criminal acts or exposed to narcotics trafficking during the curfew hours; and

(3) Aiding parents or guardians in carrying out their responsibility to exercise reasonable supervision of minors entrusted to their care.

(Sept. 20, 1995, D.C. Law 11-48, § 2, 42 DCR 3627.)

Prior Codifications

1981 Ed., § 6-2181.

Emergency Legislation

For temporary (90 day) repeal expiration of this subchapter, see § 2 of the Juvenile Curfew and Retired Police Officer Redeployment Emergency Amendment Act of 1997 (D.C. Act 12-148, September 15, 1997, 44 DCR 5461).

For temporary (90 day) repeal of expiration of this subchapter, see § 2 of the Juvenile Curfew Emergency Amendment Act of 1998 (D.C. Act 12-345, April 27, 1998, 45 DCR 4616).

Temporary Legislation

For temporary (225 day) repeal of § 6(b) of Law 11-48, see § 2 of Juvenile Curfew and Retired Police Officer Redeployment Temporary Amendment Act of 1997 (D.C. Law 12-45, February 26, 1998, law notification 45 DCR 1506).

For temporary (225 day) repeal of § 6(b) of Law 11-48, see § 2 of Juvenile Curfew Amendment Act of 1998 (D.C. Law 12-128, June 20, 1998, law notification 45 DCR 6499).

§ 2–1542. Definitions.

For the purposes of this subchapter, the term:

(1) “Curfew hours” means from 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday, until 6:00 a.m. on the following day, and from 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday. During the months of July and August, the term “curfew hours” means from 12:01 a.m. until 6:00 a.m.

(2) “Emergency” means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term “emergency” includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation that requires immediate action to prevent serious bodily injury or loss of life.

(3) “Establishment” means any privately-owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.

(4) “Guardian” means a person who, under court order, is the guardian of the person of a minor or a public or private agency with whom a minor has been placed by a court.

(5) “Minor” means any person under the age of 17 years, but does not include a judicially emancipated minor or a married minor.

(6) “Narcotic trafficking” means the act of engaging in any prohibited activity related to narcotic drugs or controlled substances as defined in Chapter 9 of Title 48.

(7) “Operator” means any individual, firm, association, partnership, or corporation that operates, manages, or conducts any establishment. The term “operator” includes the members or partners of an association or partnership and the officers of a corporation.

(8) “Parent” means a natural parent, adoptive parent or step-parent, or any person who has legal custody by court order or marriage, or any person not less than 21 years of age who is authorized by the natural parent, adoptive parent, step-parent or custodial parent of a child to be a caretaker for the child.

(9) “Public place” means any place to which the public, or a substantial group of the public, has access, and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

(10) “Remain” means to linger or stay or fail to leave the premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.

(11) “Serious bodily injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

§ 2–1543. Curfew authority; defenses; enforcement and penalties.

(a)(1) A minor commits an offense if he or she remains in any public place or on the premises of any establishment within the District of Columbia during curfew hours.

(2) A parent or guardian of a minor commits an offense if he or she knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the District of Columbia during curfew hours.

(3) The owner, operator, or any employee of an establishment commits an offense if he or she knowingly allows a minor to remain upon the premises of the establishment during curfew hours.

(b)(1) It is a defense to prosecution under this subchapter that the minor was:

(A) Accompanied by the minor’s parent or guardian;

(B) On an errand at the direction of the minor’s parent or guardian, without any detour or stop;

(D) Engaged in an employment activity pursuant to subchapter I of Chapter 2 of Title 32 or going to, or returning home from, an employment activity, without any detour or stop;

(E) Involved in an emergency;

(F) On the sidewalk that abuts the minor’s residence or that abuts the residence of a next-door neighbor if the neighbor did not complain to the Metropolitan Police Department about the minor’s presence;

(G) In attendance at an official school, religious, or other recreational activity sponsored by the District of Columbia, a civic organization, or another similar entity that takes responsibility for the minor, or going to, or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the District of Columbia, a civic organization, or another similar entity that takes responsibility for the minor; or

(H) Exercising First Amendment rights protected by the United States Constitution, including free exercise of religion, freedom of speech, and the right of assembly.

(2) It is a defense to prosecution under subsection (a)(3) of this section that the owner, operator, or employee of an establishment promptly notified the Metropolitan Police Department that a minor was present on the premises of the establishment during curfew hours and refused to leave.

(c)(1) Before taking any enforcement action under this section, a police officer shall ask the apparent offender’s age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in subsection (b) of this section is proffered or is present.

(2) If a police officer determines that a minor is committing a curfew offense, the police officer shall take the minor to the nearest available Police District headquarters or substation or other area designated by the Metropolitan Police Department.

(3) A minor who violates this subchapter shall be detained by the Metropolitan Police Department at the nearest available Police District headquarters or substation or other area designated by the Metropolitan Police Department and released into the custody of the minor’s parent, guardian, or an adult person acting in loco parentis. The minor’s parent or an adult person acting in loco parentis with respect to the minor shall be called to the Police District headquarters or substation or other designated area to take custody of the minor. A minor who is released to a person acting in loco parentis with respect to the minor shall not be taken into custody for violation of this subchapter while returning home with the person acting in loco parentis. If no one claims responsibility for the minor, the minor may be taken to the minor’s residence or placed in the custody of the appropriate official at the Family Services Administration of the Department of Human Services and, subsequently, released at 6:00 a.m. the following morning.

(d)(1) Any adult who violates a provision of this subchapter is guilty of a separate offense for each day, or part of a day, during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500 or community service.

(2) Parents or persons in loco parentis of the minor may, upon each conviction for violating this subchapter, be required to complete parenting classes pursuant to subchapter I of Chapter 14 of Title 7 or Title 16.

(3) When required by § 16-2302, charges brought under this subchapter shall be transferred to the Family Division of the Superior Court of the District of Columbia.

(4) A minor adjudicated of a violation of this subchapter by the Family Division of the Superior Court may be ordered to perform community service of up to 25 hours for each violation.

(e)(1) The Mayor shall report to the Council, not less than 90 days prior to the expiration of this subchapter, on the curfew’s effectiveness and shall recommend that the curfew either be continued or discontinued.

(2) The Mayor shall include the following in the report required by this subsection:

(A) The number of minors detained and the number of persons fined as a result of a violation of this subchapter;

(B) The number of criminal homicides and other narcotic trafficking related crimes of violence committed during the time that this subchapter is in effect by age of persons involved and by time of day;

(D) The District’s net cost of enforcing the ordinance.

(Sept. 20, 1995, D.C. Law 11-48, § 4, 42 DCR 3627.)

Prior Codifications

1981 Ed., § 6-2183.

Expiration of Law

Expiration of Law 11-48

See notes to § 2-1541.

Emergency Legislation

For temporary (90 day) addition of § 2-1553, see § 1402 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

For temporary (90 day) enactments, see §§ 211 to 213 of Enhanced Crime Prevention and Abatement Emergency Amendment Act of 2006 (D.C. Act 16-446, July 21, 2006, 53 DCR 6477).

Editor's Notes

Establishment of Alternative Curfew Hours for Individuals Below the Age of 17 Under the Enhanced Crime Prevention and Abatement Emergency Amendment Act of 2006, see Mayor’s Order 2006-102, July 27, 2006 ( 53 DCR 6396).

Establishment of Alternate Curfew Hours for Individuals Below the Age of 17 Under the Enhanced Crime Prevention and Abatement Emergency Amendment Act of 2006, see Mayor’s Order 2006-113, August 29, 2006 ( 53 DCR 9542).

Subchapter III-A. Children and Youth Initiative. [Repealed]

§ 2–1551. Short title. [Repealed]

Repealed.

§ 2–1552. Children and Youth Initiative established. [Repealed]

Repealed.

§ 2–1553. Grant making authority. [Repealed]

Repealed.

(Oct. 20, 1999, D.C. Law 13-38, § 2403, 46 DCR 6408; Oct. 1, 2002, D.C. Law 14-190, § 1402, 49 DCR 6968; Mar. 3, 2010, D.C. Law 18-111, § 5061(a), 57 DCR 181; Sept. 24, 2010, D.C. Law 18-223, § 5092, 57 DCR 6242; Oct. 22, 2015, D.C. Law 21-36, § 5082, 62 DCR 10905; Apr. 7, 2017, D.C. Law 21-261, § 10, 64 DCR 2090.)

Effect of Amendments

D.C. Law 18-111, in subsec. (a), substituted “Subject to the requirements in subsections (a-1) and (a-2) of this section, the Mayor” for “The Mayor”; and added subsecs. (a-1), (a-2), and (c).

D.C. Law 18-223, in subsec. (a), substituted “nonprofit” for “non-profit”; and added subsecs. (a-1)(3) and (a-3).

The 2015 amendment by D.C. Law 21-36 added (a-1)(4).

Applicability

Section 7032 of D.C. Law 22-33 repealed § 12 of D.C. Law 21-261. Therefore the repeal of this section by D.C. Law 21-261 has been implemented.

Applicability of D.C. Law 21-261: § 12 of D.C. Law 21-261 provided that the repeal of this section by § 10 of D.C. Law 21-261 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) repeal of § 12 of D.C. Law 21-261, see § 7032 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 12 of D.C. Law 21-261, see § 7032 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 day) amendment of section, see § 2 of Service Improvement and Fiscal Year 2000 Budget Support Emergency Amendment Act of 2003 (D.C. Act 15-47, March 24, 2003, 50 DCR 2818).

For temporary (90 day) amendment of section, see § 2 of Children and Youth Initiative Establishment Emergency Amendment Act of 2009 (D.C. Act 18-94, May 25, 2009, 56 DCR 4313).

For temporary (90 day) amendment of section, see § 5061(a) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see § 5061(a) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

For temporary (90 day) amendment of section, see § 5092 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 days) amendment of this section, see § 5082 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of the Service Improvement and Fiscal Year 2000 Budget Support Temporary Amendment Act of 2002 (D.C. Law 14-172, July 23, 2002, law notification 49 DCR 8266).

For temporary (225 day) amendment of section, see § 2 of the Service Improvement and Fiscal Year 2000 Budget Support Temporary Amendment Act of 2003 (D.C. Law 15-15, June 21, 2003, law notification 50 DCR 5459).

Delegation of Authority

Delegation of Authority-Grant Making Authority to Child and Family Services Agency and Department of Youth Rehabilitation Services, see Mayor’s Order 2006-55, May 10, 2006 ( 53 DCR 5311).

Delegation of authority-Grant Making Authority to Department of Employment Services, see Mayor’s Order 2007-59, February 27, 2007.

§ 2–1554. Biannual assessment and funding report. [Repealed]

Repealed.

(Oct. 20, 1999, D.C. Law 13-38, § 2404a; as added Mar. 3, 2010, D.C. Law 18-111, § 5061(b), 57 DCR 181; Apr. 7, 2017, D.C. Law 21-261, § 10, 64 DCR 2090.)

Applicability

Section 7032 of D.C. Law 22-33 repealed § 12 of D.C. Law 21-261. Therefore the repeal of this section by D.C. Law 21-261 has been implemented.

Emergency Legislation

For temporary (90 days) repeal of § 12 of D.C. Law 21-261, see § 7032 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 12 of D.C. Law 21-261, see § 7032 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 day) addition, see § 5061(b) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) addition, see § 5061(b) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

Subchapter III-B. Office of Out of School Time Grants and Youth Outcomes.

§ 2–1555.01. Definitions.

(a) For the purposes of this subchapter, the term:

(1) "At-risk" shall have the same meaning as provided in § 38-2901(2A).

(2) "Commission" means the Commission on Out of School Time Grants and Youth Outcomes.

(3) "Local Education Agency" means the District of Columbia Public Schools system or any individual or group of public charter schools operating under a single charter.

(4) "Office" means the Office of Out of School Time Grants and Youth Outcomes.

(5) "Out-of-school-time funding" means District funds that support out-of-school-time programs.

(6) "Out-of-school-time program" means a structured, supervised learning or youth development program offered to District youth before school, after school, on weekends, or during seasonal school breaks.

(7) "Youth" means an individual of 21 years of age or less who is eligible to enroll in a District primary or secondary school, or an individual of 22 years of age or less who is eligible to receive special education services from a local educational agency.

(8) "Youth development" means a programmatic or service delivery approach that engages youth within their communities, schools, organizations, peer groups, and families in a manner that is productive and constructive; recognizes, utilizes, and enhances youths' strengths; and promotes positive outcomes for youth by providing opportunities, fostering positive relationships, and furnishing the support needed to build on their strengths.

(9) "Youth development program" means a program or service that engages youth in a variety of social, emotional, educational, and recreational activities to promote improvements to their intellectual, behavioral, and physical well-being, consistent with a youth development approach.

§ 2–1555.02. Office of Out of School Time Grants and Youth Outcomes; establishment.

(a) Pursuant to § 1-204.04(b), the Council establishes an Office of Out of School Time Grants and Youth Outcomes, subordinate to the Mayor.

(b) The mission of the Office is to improve the educational, social-emotional, and physical health outcomes of youth through participation in out-of-school-time programs.

§ 2–1555.03. Office of Out of School Time Grants and Youth Outcomes; duties and authority.

(a) The duties of the Office shall be as follows:

(1) Guide the implementation of the District's strategic plan for out-of-school time programs and funding ("strategic plan"), developed by the Commission pursuant to § 2-1555.07;

(2) Support the Commission in its duties outlined in § 2-1555.07, including the drafting and publishing of the strategic plan;

(3) Gather and analyze data to improve equitable distribution of out-of-school-time programs and funding and to ensure high-quality, evidence-based out-of-school-time programs;

(4) Meaningfully engage youth, school-based personnel, parents, and key stakeholders throughout the community in the work of the Office and the Commission;

(5) Conduct an annual, community-wide needs assessment on out-of-school-time programs as directed by the Commission;

(6) Regularly update the Commission on the Office's activities, how those activities promote the goals and priorities of the strategic plan, and the Office's progress toward achieving the goals and priorities of the strategic plan;

(7) Provide technical assistance, training, and capacity building to governmental and nongovernmental bodies on best practices in youth development and other topics consistent with the Office's mission, as appropriate;

(8) Issue reports and recommendations consistent with the Office's mission, including an annual report on the community-wide needs assessment;

(9) Work to advance Commission-led efforts to improve collaboration, problem-solving, and cooperation among District agencies around out-of-school-time programs, funding, and outcomes; and

(10) Develop, in collaboration with the Commission, plans for assessing the quality of out-of-school-time programs.

(b) The Office may issue grants to nongovernmental organizations, District of Columbia Public Schools schools, and public charter schools providing out-of-school-time programs, in accordance with the strategic plan.

(d) Repealed.

(e) The Mayor and the Office shall publicize the availability of the tax check-off created pursuant to § 47-1812.11b to support afterschool programs for at-risk students.

§ 2–1555.04. Office of Out of School Time Grants and Youth Outcomes; requirements for awarding grants.

(a) The Office shall publish rules to govern the award of grants consistent with this section and part B of subchapter XII-A of Chapter 3 of Title 1.

(b)(1) Except as provided in paragraphs (2), (3), and (4) of this subsection, the Office shall award grants on a competitive basis to nonprofit organizations that provide out-of-school-time programs.

(2) The Office may award a grant to a nonprofit organization that does not provide out-of-school-time programs; provided, that:

(A) The grantee has a proven track record of success in grant-making;

(B) The grantee agrees to use 90% of the Office's grant to award subgrants to nonprofit organizations that provide out-of-school-time programs in accordance with the terms of this section and rules established by the Office; and

(C) The grantee agrees to undergo an annual audit and submit quarterly reports to the Office on its financial health and its use of the Office's grant.

(3) The Office may award grants to nonprofit organizations for the purpose of providing training or technical assistance to the Commission or to nonprofit organizations that provide out-of-school time programs.

(4) The Office may award grants on a competitive or formula basis to one or more District of Columbia Public Schools schools or public charter schools to provide out-of-school-time programs; provided, that:

(A) The school partners with one or more established 501(c)(3) not-for-profit, youth-serving organizations; and

(B) The school receives funds under Title I, Part A of the Elementary and Secondary Education Act of 1965, approved January 8, 2002 (115 Stat. 1444; 20 U.S.C. 6311 et seq.).

(c) Grants shall be awarded in a manner consistent with the Commission's strategic plan for out-of-school-time programs and funding with particular attention to the strategic plan's goals and priorities for at-risk students, geographic distribution of out-of-school-time programs and funding, and program quality.

(d)(1) The Office shall establish a review process for awarding grants, which shall include the use of review panels to evaluate each grant application in an impartial manner.

(2) No more than half of a review panel's members may be employees or contractors of the Office or members of the Commission.

(3) No member of a review panel may have a conflict of interest that would render the reviewer unable to be impartial.

(e) Except for grants supporting out-of-school time summer programs, grants awarded under subsection (b)(1) of this section shall be for terms of at least 3 years, subject to the availability of funding.

(f) The Office may not award a grant under this section in excess of $1 million during a 12-month period, either singularly or cumulatively, unless the grant is first submitted to the Council for approval, in accordance with § 1-204.51(b), or by act.

(g) In addition to the reporting requirements in § 1-328.16, on or before November 1 of each year, the Office shall submit to the Council and make publicly available an annual status report for all grants issued by, or on behalf of, the Office in the previous fiscal year, which shall include, for each grant:

(1) Detailed information about the grantee and any subgrantees;

(2) A description of the specific services provided to youth;

(3) The name of the entity providing the services, if one other than the grantee;

(4) The location of services and demographic profile of service recipients; and

(5) The amount of grant funds dedicated to program costs and the amount dedicated to other expenditures.

(h)(1) Funds received by the Office from the tax check-off created pursuant to § 47-1812.11b shall be used to support afterschool programs for at-risk students through grants issued pursuant to this section.

(2) Beginning November 1, 2019, and no later than November 1 of each year thereafter, the Office shall submit to the Mayor and Council a financial report on the use of the tax check-off funds during the previous 12 months.

§ 2–1555.05. Commission on Out of School Time Grants and Youth Outcomes; establishment.

(a) There is established a Commission on Out of School Time Grants and Youth Outcomes to develop a District-wide strategy for equitable access to out-of-school-time programs and to facilitate interagency planning and coordination for out-of-school-time programs and funding.

(b) The Commission shall consist of 21 members who represent key community stakeholder constituencies or are District agency administrative heads or their designees, including:

(1) The Director of the Office of Out of School Time Grants and Youth Outcomes;

(2) The Deputy Mayor for Education;

(3) The State Superintendent of Education;

(4) The Chancellor of the District of Columbia Public Schools;

(5) The Executive Director of the Public Charter School Board;

(6) The Director of the Department of Parks and Recreation;

(7) The Chairperson of the Council committee with jurisdiction over matters related to public education; and

(8) At least 8 nongovernmental members, appointed in accordance with § 2-1555.06.

(d) Nongovernmental members shall comprise a majority of the Commission.

(e) The Commission shall draft and publish rules of procedure for its operation including rules governing nominations and election of leadership, governance structure, meetings, and attendance.

§ 2–1555.06. Commission on Out of School Time Grants and Youth Outcomes; nongovernmental members' appointment, terms.

(a)(1) The Mayor shall appoint the nongovernmental members of the Commission, with the advice and consent of the Council, in accordance with § 1-523.01(f).

(2) The Mayor shall transmit to the Council, within 90 days of April 7, 2017, nominations for each nongovernmental member of the Commission, and thereafter upon a member's resignation or the expiration of a member's term;

(b) Nongovernmental members of the Commission shall be representative of the District's various geographic neighborhoods and stakeholder constituencies, including consumers and providers of youth development programs, organizations that advocate for the needs of youth, and District higher education, philanthropic, workforce development, and cultural institutions; provided, that, at the time of appointment:

(1) At least one member is a consumer of youth development programs in the District; and

(2) At least 2 members are representatives of organizations providing youth development programs in the District.

(c)(1) Nongovernmental members shall serve regular terms of 3 years and may be reappointed; except that, of the members first appointed, the Mayor shall designate 4 to serve terms of 2 years.

(2) No individual shall serve more than 5 full or partial terms on the Commission.

(3) An appointment to fill a vacancy shall be only for the remainder of the predecessor's term, but the individual may be reappointed with the advice and consent of the Council in accordance with subsection (a) of this section.

§ 2–1555.07. Commission on Out of School Time Grants and Youth Outcomes; duties and authority.

(a) The duties of the Commission shall be as follows:

(1) Set the goals and scope of an annual, community-wide needs assessment, which the Office shall conduct, to identify and prioritize needs for out-of-school-time programs and establish targets for out-of-school-time funding.

(2)(A) Within 12 months of April 7, 2017, and at least every 3 years thereafter, draft and approve a strategic plan for out-of-school-time programs and funding ("strategic plan") in the District that encourages interagency and community coordination and promotes equitable access for youth and families to high-quality youth development programs.

(B) The strategic plan shall draw on the data gathered and analyzed by the Office, including the annual community-wide needs assessment, to identify and resolve gaps in the distribution of out-of-school-time programs and funding, with a particular emphasis on at-risk students, geographic distribution of out-of-school-time programs and funding, and program quality.

(3) Review, on a regular basis, the efforts of the Office to fulfill the goals and priorities of the strategic plan.

(4) Review, on a regular basis, the efforts of other relevant District agencies to cooperate in achieving the strategic plan, including review of the allocation of out-of-school-time funding in school budgets, to the extent such data is available, and how such allocation aligns with the need.

(5) Identify areas for improved collaboration, problem-solving, and cooperation among District agencies regarding out-of-school-time programs and funding.

(6) Inform and approve plans for assessing the quality of out-of-school-time programs developed by the Office.

(b) The Commission may use the personnel and resources of the Office, as needed, to accomplish its duties.

§ 2–1555.08. Coordination of funding and reporting.

(a) Starting 24 months after April 7, 2017, the Office shall coordinate with the Department of Parks and Recreation, the Office of the State Superintendent of Education, District of Columbia Public Schools, and the Public Charter School Board to:

(1) Align out-of-school-time funding from the Department of Parks and Recreation, Office of the State Superintendent of Education, and local education agencies, where appropriate, to conform with the strategic plan developed by the Commission; and

(2) Streamline and standardize, where appropriate, the application, payment, and reporting processes for organizations seeking out-of-school-time funding from the Department of Parks and Recreation, Office of the State Superintendent of Education, and local education agencies.

(b)(1) Within 36 months of April 7, 2017, the Commission shall submit to the Mayor and the Council a report on the feasibility of expanding the Office's and Commission's coordination and standardization efforts to additional District agencies that fund or operate out-of-school-time programs, including the Department of Employment Services, Department of Human Services, Department of Behavioral Health, District of Columbia Public Library, Department of Youth Rehabilitative Services, Department of Health, and others as appropriate.

(2) The Commission shall publicize its recommendations, the rationale for the recommendations, and its plan, in partnership with the Office, to increase coordination.

Subchapter IV. Youth Advisory Council.

§ 2–1561. Definitions.

For the purposes of this subchapter, the term:

(1) “Youth” means an individual who is at least 13 years of age and no older than 22 years of age.

(2) “Youth Council” means the District of Columbia Youth Advisory Council established by § 2-1562.

§ 2–1562. Establishment and purpose.

(a) There is established, as part of the District of Columbia government, a Youth Advisory Council (“Youth Council”).

(b) The Youth Council shall advise the Mayor, the Council of the District of Columbia, District of Columbia Public Schools, public charter schools, other key decision makers in the District government, and adult leaders in the District by:

(1) Commenting on legislation and policies that impact youth;

(2) Presenting methods to resolve conflicts involving youth;

(3) Presenting issues that affect youth and providing recommendations to improve the lives of youth;

(4) Monitoring programs and policies that affect youth to ensure that they are achieving the intended results; and

(5) Working with other youth organizations in the District to:

(A) Provide mutual support;

(B) Collaborate on shared issues and interests;

(D) Assist in the start-up of new youth organizations, including youth organizations for each ward of the District;

(E) Prepare youth for leadership positions by providing appropriate training; and

(F) Create more youth and adult partnerships.

(c) The Youth Council shall convene a general assembly of youth organizations within the District on a regularly scheduled basis.

§ 2–1563. Composition of the Youth Council.

(a) The Youth Council shall be composed of 32 youth from various geographic sectors of the District, and shall include members who represent youth with special needs, as follows:

(1) Three members shall be from each of the 8 wards in the District;

(2) Four members shall be presently under an order of commitment to the District’s juvenile justice system, at least one of whom presently resides in a group home; and

(3) Four members shall be presently in the District’s foster care system; at least one of whom shall reside in a group home.

(b) Membership of the Youth Council shall reflect a broad range of diversity encompassing relevant differences in ethnicity, location of residency within the District, religion, and gender.

(c) Members of the Youth Council shall have been a District resident for at least one year, not including time residing in a college dormitory, prior to their application to serve on the Youth Council. College students shall be eligible to participate on the Youth Council, if they have been a District resident, living outside a college dormitory, for at least one year prior to their application to serve on the Youth Council.

(d) Youth applying to participate on the Youth Council shall have:

(1) A sincere interest in, and motivation to work for the community;

(2) A background of community-based activity;

(3) A general knowledge of activities and needs in the sector of the community which they are selected to represent;

(4) An ability to bring creative perspectives about youth issues and concerns to the Youth Council;

(5) The ability to work patiently and constructively in a group setting;

(6) The ability to responsibly fulfill commitments; and

(7) An interest in the development of leadership skills.

§ 2–1564. Organizational structure.

(a) After June 25, 2002, the Mayor shall publicly announce and widely disseminate information to District residents that:

(1) Describes the functions and purpose of the Youth Council;

(2) Explains the process of selection and appointment to the Youth Council; and

(3) Solicits applications from youth who desire to serve on the Youth Council.

(b) A selection committee shall be formed by the Youth Advisory Council Taskforce with the approval of the Mayor. The selection committee shall screen, interview, and select the first 32 members of the Youth Council. Following the first year, Youth Council members shall select the next year’s members. The selection committee shall consist of:

(1) Twice as many young people as adults;

(2) Representatives of community based organizations;

(3) Representatives of faith based organizations; and

(4) Representatives of government.

(c) The Youth Council shall select 6 officers to serve leadership positions. In addition, the Youth Council may create other leadership positions as deemed necessary. In its first year of operation, the Chair shall be chosen by the selection committee from among the initial 32 Youth Council members, with the approval of the Mayor. The Chair shall serve for one year. The selection of these 32 members shall be made prior to the Youth Council’s initial retreat. All other officers shall be selected by the Youth Council at their retreat, and shall serve for one year. Thereafter, the Youth Council shall select all officers. The officers shall be as follows:

(1) Chair;

(2) Vice Chair;

(3) Secretary;

(4) Assistant Secretary;

(5) Treasurer; and

(6) Parliamentarian.

(d) Members of the Youth Council shall be selected to serve a 2-year term. Member shall only serve 2 terms. Youth Council Officers shall be selected to serve a one-year term. Officers may be re-elected, but shall not serve more than 3 terms in any office or combination of offices.

(e) A group of 8 Advisors shall work with the Youth Council and shall provide assistance as needed. Advisors shall not vote on Youth Council business and shall only provide support upon the specific request of the Youth Council. Four of the 8 advisors shall be adults and 4 shall be youth. In the first year after the establishment of the Youth Council, 2 youth and 2 adult advisors shall be selected by the Youth Summit Advisory Board. The remaining 2 youth and 2 adult advisors shall be selected by the Youth Council members. Thereafter, the advisors shall be selected by the Youth Council.

(f) To ensure an orderly transition from veteran outgoing Youth Council members to incoming novice members, terms during the first year shall be staggered as follows: Members of the initial Youth Council shall either serve one, two, or three year terms. Twelve members shall serve a one-year term, 12 members shall serve a 2-year term, and 8 members shall serve a 3-year term. Members who are selected to serve a one-year term, shall sit out at least one year before seeking re-election to the Youth Council. Terms shall be determined following the first year of the Youth Council based on two factors:

(1) Members shall be asked to indicate their preference for leaving the Youth Council or staying for an additional term.

(2) The initial Youth Council members who are willing to serve additional terms shall be graded along a performance based system. During the initial Youth Council retreat, all members shall be asked to agree upon one-year goals for the Youth Council to accomplish. Members shall also create their own one-year goals. Members shall be graded on their performance in accomplishing both sets of goals by the 8 advisors in a manner that is consistent for each Youth Council member.

(g) The Youth Council shall establish standing committees. The Youth Council shall have the discretion to create other standing committees as needed. The 4 committees are:

(1) Rules;

(2) Executive;

(3) Finance; and

(4) Outreach.

(h) The first Youth Council shall create the rules and bylaws to which all future Youth Councils shall adhere.

(i) The Youth Council Secretary and Assistant Secretary shall be the official record keepers. They shall be responsible for documenting and archiving all meeting minutes, and other relevant decisions or documents. The Youth Council Treasurer shall record and archive all financial transactions.

(j)(1) Subject to Congressional appropriations, one full-time staff person shall be hired to serve as a Youth Coordinator. The Youth Coordinator shall be:

(A) A staff member of the Office of Neighborhood Action; and

(B) Selected by Neighborhood Action on the basis of the Youth Council’s recommendation.

(2) Youth may be hired to work part-time as needed.

(k) The Youth Coordinator shall assist with all phases of the publicizing, screening, candidate selection and operation of the Youth Council. In addition, some young people may be hired to work part-time for the Youth Council as needed.

(l) The Youth Council Chair shall be responsible for calling meetings to order and for facilitating these meetings. Meetings shall be conducted following parliamentary procedures as described in Robert’s Rules of Order.

(m) Quorum requirements shall be as follows:

(1) Two-thirds of the Youth Council members must be present for a quorum; and

(2) At least one member representing each of the ten groups shall also be present.

(n) Every Youth Council member shall serve on at least one committee. In order to serve as chair of a committee, members shall be in good standing and shall have knowledge of the committee’s subject matter. Committee chairs shall serve for one year. Committee chairs shall be eligible to serve more terms, if selected to do so.

(o) All members shall attend a minimum of 75% of Youth Council meetings. Members shall also attend the minimum number of committee meetings as determined by the committee.

(p) Within 2 years of operation, the Youth Council shall initiate advisory groups or forums within each ward, and for the juvenile justice and foster care communities. These groups shall serve as both a source for future Youth Council members, and as a vehicle for soliciting input from around the District, and a method of sharing information about Youth Council activities.

(q)(1) Beginning one year after its first meeting and every year thereafter, the Youth Council shall publish a report of its activities, recommendations, and accomplishments.

(2) The report shall be distributed to the Mayor, the Council of the District of Columbia, the District of Columbia Public Schools, public charter schools, and other key District leadership.

(3) Copies of the report shall be placed on the Internet, in each public library, the library of each public and public charter school, and shall be made available upon request to the general public.

(r)(1) Members of the Youth Council shall serve without compensation, except that members may be reimbursed for expenses incurred in the authorized execution of official Youth Council duties.

(2) The Mayor and his or her designee shall provide administrative support to the Youth Council and may accept resources provided from public or private organizations for the benefit of the Youth Council.

Subchapter IV-A. Youth Council of the District of Columbia.

§ 2–1565.01. Definitions.

For the purposes of this subchapter, the term:

(1) “Youth” means an individual who is at least 13 years of age and no older than 22 years of age.

(2) “Youth Council” means the Youth Council of the District of Columbia, established in § 2-1565.02.

§ 2–1565.02. Establishment and duties.

(a) There is established the Youth Council of the District of Columbia.

(b) The Youth Council members shall advise the Council of the District of Columbia (“Council”) by:

(1) Commenting upon legislation and policies that impact on youth;

(2) Presenting issues and recommendations to improve the lives of youth;

(3) Monitoring the programs and policies that affect youth to ensure that they are achieving the intended results; and

(4) Working with other youth organizations in the District to:

(A) Provide mutual support;

(B) Collaborate on shared issues and interests;

(D) Assist in the start-up of new youth organizations, including youth organizations for each ward of the District;

(E) Prepare youth for leadership positions by providing appropriate training; and

(F) Create more youth and adult partnerships.

(d)(1) The Youth Council shall:

(A) Set its own priorities;

(B) Determine the function of its subcommittees;

(D) Establish ministerial procedures; and

(E) Determine its needs for the convening of meetings.

(2) Youth Council members shall review and consider the procedures and rules of the Council, as they may be appropriate for the Youth Council.

(e) Beginning one year after its first meeting and every year thereafter, the Youth Council shall publish a report of its activities, recommendations, and accomplishments, which shall be:

(1) Distributed to the Council;

(2) Placed on the Internet;

(3) Distributed to each public library, and the library of each public and public charter school; and

(4) Made available to the public upon request.

(f) The Youth Council shall meet at least 4 times a year, including at least one public hearing on issues of importance to youth.

§ 2–1565.03. Composition of the Youth Council.

(a) The Youth Council shall be comprised of 13 members. Each of the 8 ward members of the Council shall select a member from among the applicants to represent his or her respective ward. The Chairman and each of the 4 at-large members of the Council shall select a member from among the applicants to serve as one of the 5 at-large members of the Youth Council.

(b) The Chairman of the Council shall appoint a committee to create an application process, which shall include an application form, the requirements for recommendations, deadlines, and any other information that will assist youths to state their interest in serving on the Youth Council.

(1) Be a District resident for at least one year, excluding time residing in a college dormitory, prior to his or her application to serve on the Youth Council;

(2) Be a college student who has been a District resident living outside a college dormitory for at least one year prior to his or her application to serve on the Youth Council;

(3) Have a sincere interest in, and motivation to work for, the community;

(4) Have a background of community-based activity;

(5) Have a general knowledge of the activities and needs in the sector of the community that he or she will represent;

(6) Have an ability to bring creative perspectives about youth issues and concerns;

(7) Have the ability to work patiently and constructively in a group setting;

(8) Be responsible and able to fulfill commitments; and

(9) Have an interest in the development of leadership skills.

(d) Members shall serve for a term of 2 years. A member may be reappointed, but may not serve more than 2 full terms.

(e) A chairman shall be selected by the Youth Council members.

(f) Vacancies shall be filled in the same manner as the initial appointment. A member appointed to fill a vacancy shall serve for the remainder of the unexpired term.

(g) Members of the Youth Council shall serve without compensation.

§ 2–1565.04. Staff.

(a) One adult person shall be hired as a full-time youth planner, and youth may be hired to work part-time, as needed.

(b) The Council shall provide staff assistance to the Youth Council from within its existing budgeted resources or from grants received by the Council for this purpose. Staff assigned by the Council to the Youth Council shall assist with the drafting of all legislation submitted to the Council by the Youth Council. Youth Council staff may be curtailed during periods when the Council is in regular or special session.

§ 2–1565.05. Integration with learning standards.

Local Education Agencies may seek the cooperation of the Council on the integration of Youth Council experience into relevant District of Columbia learning standards and toward meeting graduation requirements.

§ 2–1565.06. Funding.

(a) Gifts, grants, and donations from private or public sources may be used to fund the costs of the Youth Council. Contributions to support the work of the Youth Council may not be accepted from any party having a pecuniary or other vested interest in the outcome of the matters being studied by the Youth Council or who would in any way compromise the work of the Youth Council.

(b) A person, other than a District of Columbia agency, desiring to make a financial or in-kind contribution must certify to the Council, or its designee, in the manner prescribed by the Council, that the person has no pecuniary or other vested interest in the outcome of the work of the Youth Council. All contributions are subject to approval by the Council, or its designee.

(c) The Secretary to the Council shall administer any funds received by the Youth Council. Prior to the beginning of each fiscal year, the Secretary shall notify the Youth Planner and Chair of the Youth Council of the status of funding.

Subchapter V. Mayor’s Youth Leadership Institute.

§ 2–1571. Definitions.

For the purposes of this subchapter, the term:

(1) “Acceptable level of school attendance” means that a student has not accrued unexcused absences exceeding 5% of the total days in a school year and has not violated the requirements for mandatory school attendance under § 38-202.

(2) “Eligible District youth” means an individual who is a domiciliary of the District and is between 14 and 19 years of age.

(3) “Institute” means the Mayor’s Youth Leadership Institute.

§ 2–1572. Establishment.

(a) The Mayor shall establish an Institute to be known as the Mayor’s Youth Leadership Institute and shall provide programs in professional development, leadership training, and personal development for all eligible District youth. The focus of the program shall include:

(1) Building skill expertise in word processing, Powerpoint presentations, and database and spreadsheet maintenance;

(2) Drafting memos, letters, and press releases; and

(3) Public speaking.

(b) The program shall seek to ensure that participants reach proficiency in these skills which are essential to successfully compete for and retain employment.

(1) A school-year program to provide services and instruction to at least 500 eligible District youth; and

(2) A summer training program that shall consist of 2 sessions, each conducted over a 2-week period at a District college or university, and provide services and instruction to at least 250 eligible District youth.

(d) Department of Employment Services funds may be used to purchase food and non-alcoholic beverages for participants during the required summer training program sessions and the District government employees who supervise the youth during the required summer training program sessions.

§ 2–1573. Eligibility.

(a) First time participants in the program shall maintain an acceptable level of school attendance during the preceding academic year in order participate. The superintendent of schools or his designee shall certify that each prospective participant has maintained an acceptable level of school attendance during the preceding academic year.

(b) Eligible District youth participating twice or more in the program shall maintain an acceptable level of school attendance and at least a 2.0 cumulative grade point average during the preceding academic year. The superintendent of schools or his designee shall certify that each of these participants has maintained an acceptable level of school attendance and at least a 2.0 cumulative grade point average during the preceding academic year.

§ 2–1574. Rules.

The Mayor shall issue rules to implement the provisions of this subchapter. The proposed rules shall be submitted by the Mayor to the Council for review and approval.

Subchapter VI. Youth Development Plan.

§ 2–1581. Youth Development Plan.

The Mayor shall oversee the implementation of District’s Youth Development Plan, which has been designed to:

(1) Increase the quality of coordination and collaboration among all stakeholders to deliver city-funded youth services;

(2) Advance the positive youth development philosophy and policy approach;

(3) Effectively implement youth violence prevention and intervention strategies;

(4) Provide for consistent and sustained investment in the city’s youth guided by positive youth development; and

(5) Directly impact upon challenges affecting adolescent youth and disconnected youth.

(Mar. 2, 2007, D.C. Law 16-192, § 1152, 53 DCR 6899.)

Emergency Legislation

For temporary (90 day) addition, see § 1152 of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).

For temporary (90 day) addition, see § 1152 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).

For temporary (90 day) addition, see § 1152 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).

Short Title

Short title: Section of D.C. Law 16-192 provided that subtitle N of title I of the act may be cited as the “Youth Development Plan Implementation Strategy Act of 2006”.

§ 2–1582. Strategy update.

(a) The Mayor, within 30 days of the adoption of the budget, shall disseminate the budget and implementation strategy for the Youth Development Plan for each fiscal year (“youth development report”). Copies of the youth development report shall be transmitted to each member of the Council and posted on the District government’s website. This report shall summarize the successes and difficulties of the previous year’s strategy and any new youth development initiatives that are to be included in the plan for the upcoming year.

(b) The youth development report shall also include qualitative and quantitative outcome measures and performance measures (“measures”) for each implemented initiative (“measures”). Outcome measures and performance measures for other initiatives shall be developed as soon as practicable. The Deputy Mayor for Children, Youth, Families and Elders and the Deputy Mayor for Public Safety and Justice shall develop these measures upon advice from the Youth Development Plan Executive Working Group established under § 2-1585.

(c) For purposes of this section, the term “Qualitative and quantitative outcome measures and performance measures” means indicators of progress toward achieving the citywide goals established in the Children’s Budget Report and ensuring that youth development programs are provided effectively and efficiently.

§ 2–1583. Realignment of funding priorities.

(a) Notwithstanding any other law to the contrary, any reprogramming of money that relates to the funding of the Youth Development Plan’s budget or the Children’s Budget shall conform with the citywide goals for children and youth identified in the Children’s Budget Report. The city-wide goals for children and youth are:

(1) Children are ready for school.

(2) Children and youth succeed in school;

(3) Children and youth practice healthy behaviors;

(4) Children and youth engage in meaningful activities;

(5) Children and youth live in healthy, stable, and supportive families; and

(6) All youth make a successful transition to adulthood.

(b) Reprogrammed funds may only be allocated to meet the one of the following specific goals for which such funding was made.

§ 2–1584. Funding priorities.

(a) In fiscal year 2007, the youth development plan shall be funded by a $1 million allocation to the Office of the City Administrator to be used as follows:

(1) An amount of $600,000 for gang intervention services, including the Violence Intervention Partnership to reduce youth violence in communities east of the Anacostia River through innovative law enforcement, conflict resolution, and intervention and prevention strategies through a collaborative effort by community leaders, law enforcement officers, government agencies, faith-based institutions, community-based organizations, educators, and youth outreach workers.

(2) An amount of $300,000 for girls leadership and violence prevention programs, including a program to study violence among female youth and implement programs to address this issue; and

(3) An amount of $100,000 for youth worker training in positive youth development principles and methods.

(b) The Mayor shall designate additional resources for the Youth Development Plan from agencies that will provide services and support for the Plan’s initiatives, subject to the provisions of § 2-1583 and applicable laws and regulations.

§ 2–1585. Executive Working Group.

(a) There is established a Youth Development Plan Executive Working Group (“Working Group”), that shall advise its chair on the youth development plan. The chair of the Working Group shall be the Deputy Mayor for Children, Youth, Families and Elders (“chair”). The other members of the Executive working group shall include:

(1) Current members of the Youth Development Plan’s executive steering committee, including the Deputy Mayor for Public Safety and, the Superintendent of the District of Columbia Public Schools, the City Administrator, and the President of the District of Columbia Children and Youth Investment Trust Corporation;

(2) The Director of the District of Columbia Department of Employment Services;

(3) A member of the Council, as designated the Council Chairman;

(4) Adolescent youths, to be selected by the chair of the Executive Working Group as follows:

(A) A member of the Mayor’s Youth Advisory Council,

(B) A system-involved youth who may be a youth who is legally a ward of, or committed to the care of the District of Columbia, or who is under the care of, the Department of Mental Health, and

(5) At least one representative from the Department of Parks and Recreation, as selected by the chair;

(6) At least one representative from the Department of Youth Rehabilitative Services, as selected by the chair;

(7) At least one representative from the Child and Family Services Agency, as selected by the chair;

(8) At least one representative from the Metropolitan Police Department, as selected by the Deputy Mayor for Public Safety & Justice;

(9) Representatives from other governmental agencies and instrumentalities as selected by the chair; and

(10) At least 2 District residents who have demonstrated an interest in youth violence or youth development in the District.

(b) The operations of the Working Group shall be subject to the discretion of the chair; provided, that Working Group shall meet at least twice a year. The chair of the Working Group shall work to ensure that the Group receives meaningful, informed feedback and input from its youth members.

(Mar. 2, 2007, D.C. Law 16-192, § 1156, 53 DCR 6899.)

Section References

This section is referenced in § 2-1582.

Emergency Legislation

For temporary (90 day) addition, see § 1156 of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).

For temporary (90 day) addition, see § 1156 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).

For temporary (90 day) addition, see § 1156 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).

For temporary (90 day) addition, see § 602 of Crime Bill Emergency Amendment Act of 2009 (D.C. Act 18-129, June 29, 2009, 56 DCR 5495).

Subchapter VII. Interagency Collaboration and Services Integration Commission.

§ 2–1591. Short title.

This subchapter may be cited as the “Interagency Collaboration and Services Integration Commission Establishment Act of 2007”.

§ 2–1592. Definitions.

For the purposes of this subchapter, the term:

(1) “Commission” means the Statewide Commission on Children, Youth, and their Families established in § 2-1594.

(2) “Comprehensive, multi-disciplinary assessment” means an assessment of children to determine the extent to which they are affected by risk and protective factors as individuals and as members of families, communities, and schools, and the extent to which they have service needs resulting from emotional disturbance, substance abuse, exposure to violence, or learning disabilities.

(3) “Evidence-based program” means a program that:

(A) Has been affirmatively evaluated by an independent agency with demonstrated expertise in evaluation;

(B) Demonstrates effectiveness in accomplishing its intended purposes and yields statistically significant supporting data; and

(C) Has been replicated in other communities with a level of effectiveness comparable to that indicated in the evaluation required by subparagraph (A) of this paragraph;

(4) “Integrated service plan” means a service plan that promotes delivery of services that are, to the fullest extent possible, comprehensive, implemented without interruption, and free from duplication or redundancy.

(5) “Risk and protective factors” means a circumstance or set of circumstances that assist in determining whether an individual is at risk of harm, emotional, physical, or otherwise; and

(6) “School-based clinician” means a healthcare or social-services practitioner, a mental-health professional, or substance abuse counselor certified or licensed in his or her field by the Director of the Department of Health or another nationally recognized professional organization, qualified to conduct comprehensive, multi-disciplinary assessments.

(June 12, 2007, D.C. Law 17-9, § 502, 54 DCR 4102; Mar. 3, 2010, D.C. Law 18-111, § 4061(a), 57 DCR 181.)

Effect of Amendments

D.C. Law 18-111 rewrote par. (1), which had read as follows: “(1) ‘Commission’ means the Interagency Collaboration and Services Integration Commission established by § 2-1594.”

Emergency Legislation

For temporary (90 day) amendment of section, see § 4061(a) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see § 4061(a) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

Short Title

Short title: Section 4060 of D.C. Law 18-111 provided that subtitle G of title IV of the act may be cited as the “Interagency Collaboration and Services Integration Commission Establishment Amendment Act of 2009”.

§ 2–1593. Purpose.

The purpose of the Commission is to promote a vision of the District of Columbia as a stable, safe, and healthy environment for children, youth, and their families by reducing juvenile and family violence and promoting social and emotional skills among children, youth, and their families through the oversight of a comprehensive, community-based integrated service delivery system aligned with the statewide strategic education and youth development plan, described in § 38-191, that includes:

(1) Comprehensive, multi-disciplinary assessments of children by school-based clinicians;

(2) Authority over a management information system that enables the inter-agency exchange of information and protects families’ privacy rights;

(3) Facilitation of resource sharing and inter-agency collaboration on multi-disciplinary projects;

(4) Development and implementation of proven, evidence-based preventive and interventive programs for children and families by educational, law enforcement, mental health, and social services agencies;

(5) Development of integrated service plans for individual children and families that promote the delivery of services that are comprehensive, implemented without interruption, and free from duplication or redundancy; and

(6) Independent evaluation of the effectiveness of the programs developed pursuant to, or in accordance with, this subchapter, including:

(A) Their impact on academic performance, levels of violence by and against children, truancy, and delinquency;

(B) The cost effectiveness of the programs, taking into account such factors as reductions, or potential reductions, in out-of-home placements and law enforcement expenditures; and

(June 12, 2007, D.C. Law 17-9, § 503, 54 DCR 4102; Mar. 3, 2010, D.C. Law 18-111, § 4061(b), 57 DCR 181.)

Effect of Amendments

D.C. Law 18-111 rewrote the lead-in language, which had read as follows: “The purpose of the Commission is to address the needs of at-risk children by reducing juvenile and family violence and promoting social and emotional skills among children and youth through the oversight of a comprehensive integrated service delivery system that includes:”

Emergency Legislation

For temporary (90 day) amendment of section, see § 4061(b) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see § 4061(b) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

§ 2–1594. Commission; establishment; authority.

(a) There is established the Statewide Commission on Children, Youth, and their Families.

(b) Unless expressly prohibited in law or regulation, the Commission shall have the authority to:

(1) Combine local, federal, and other resources available to the participating education, law enforcement, and human services agencies to provide comprehensive multi-disciplinary assessments, integrated services, and evidence-based programs, as required by this subchapter;

(2) Apply for, receive, and disburse federal, state, and local funds relating to the duties and responsibilities of the Commission;

(3) Utilize the funding provided pursuant to subchapter III-A of Chapter 13 of Title 4 [§ 4-1345.01 et seq.];

(4) Exercise personnel authority for all employees of the Commission, consistent with Chapter 6 of Title 1 [§ 1-601.01 et seq.]; and

(5) Exercise procurement authority, consistent with Chapter 3A of this title [§ 2-351.01 et seq.]; except, that § 2-352.01(a) shall not apply.

(June 12, 2007, D.C. Law 17-9, § 504, 54 DCR 4102; Mar. 3, 2010, D.C. Law 18-111, § 4061(c), 57 DCR 181; Sept. 26, 2012, D.C. Law 19-171, § 207, 59 DCR 6190.)

Section References

This section is referenced in § 2-1592 and § 38-271.02.

Effect of Amendments

D.C. Law 18-111, in subsec. (a), substituted “the Statewide Commission on Children, Youth, and their Families” for “an Interagency Collaboration and Services Integration Commission”.

The 2012 amendment by D.C. Law 19-171 substituted “Chapter 3A of this title; except, that § 2-352.01(a) shall not apply” for “Unit A of Chapter 3 of Title 2; except, that the provisions of § 2-301.05(a), (b), (c), and (e) shall not apply” in (b)(5).

Emergency Legislation

For temporary (90 day) amendment of section, see § 4061(c) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see § 4061(c) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

Editor's Notes

Section 5072 of D.C. Law 19-168 provided for the establishment of the Safe Children and Families Enrichment Services Task Force.

Section 5073 of D.C. Law 19-168 provided that §§ 5071 and 5072 of the act shall expire 6 months after September 20, 2012.

§ 2–1595. Duties.

(a) Within 90 days of the applicability of this subchapter, the Commission shall:

(1) Develop an information-sharing agreement that:

(A) Adheres to all applicable provisions of federal and District law and professional standards regarding confidentiality, including Commission procedures and protocols for safeguarding confidential and other child-related information;

(B) Uses a form created by the Commission for obtaining consent to assessment and disclosure of confidential information from a participant or the parent or legal guardian of the participant to education, law enforcement, and human service agencies; and

(C) Permits Commission personnel to collect information from agencies participating in the agreement to facilitate comprehensive multi-disciplinary assessments and the development and implementation of integrated service plans;

(2) Develop procedures and protocols for safeguarding confidential and other participant-related information, documents, files, electronic communications, and computer data, including:

(A) Procedures for determining when a fully informed and written consent to assessment and disclosure of confidential information is provided by a participant or the parent or legal guardian of the participant; and

(B) The circumstances and manner in which confidential information collected and maintained by designated personnel of the Commission may be disclosed, as permitted by applicable provisions of local and federal law, to:

(i) Other personnel of the Commission for the exclusive purposes of conducting comprehensive, multi-disciplinary assessments of children or creating and implementing integrated service plans for children; and

(ii) Education, law enforcement, human service agencies, or other service providers identified in the disclosure consent for the exclusive purpose of creating and implementing integrated service plans; and

(3) Identify a comprehensive, multi-disciplinary assessment instrument that shall be used by school-based clinicians to:

(A) Determine the extent to which children are affected by risk and protective factors as individuals and as members of families, communities, and schools;

(B) Determine the extent to which children have service needs resulting from emotional disturbance, substance abuse, exposure to violence, or learning disabilities;

(D) Assist in the development of integrated service plans;

(b)(1) All programs shall be evidence-based, age-appropriate, and implemented to serve children and their families and shall include:

(A) Early childhood psycho-social and emotional development assistance;

(B) School-based violence and substance abuse prevention;

(D) Family resiliency and strengthening assistance; and

(E) Services that are designed to reduce local reliance on out-of-home placement of children under the age of 18.

(2) The Commission shall determine the extent to which the District has preventive and early interventive evidence-based programs that already meet some or all of the requirements of paragraph (1) of this subsection and assist education, law enforcement, and human service agencies in the implementation of needed preventive and early interventive programs for children and their families.

(1) Have authority over an interagency database housed in a secure location to store assessment information, data gathered pursuant to the information-sharing agreement described in subsection (a) of this section, and any other data relevant to service integration and the ongoing assessment of programs implemented or supported by the Commission;

(2) Conduct an annual independent evaluation of the effectiveness of the programs supported, facilitated, or overseen by the Commission, including:

(A) The impact on academic performance, levels of violence by and against children, truancy, and delinquency; and

(B) The cost effectiveness of the programs, taking into account such factors as reductions, or potential reductions, in out-of-home placements and in law enforcement expenditures, and the extent to which the Commission’s member agencies have developed the capacity to sustain the programs and activities;

(3)(A) Report, on an annual basis, within 90 days after the end of the fiscal year, to the Mayor and the Council on the status and progress of the efforts to meet the objectives of the Commission, including a description of activities, alignment with the statewide education and youth development framework and strategic plan, and the results of the evaluation required by paragraph (2) of this subsection and any recommendations made by the Commission to the public, the Mayor, or the Council;

(B) In calendar year 2012, the evaluation required by paragraph (2) of this subsection shall also be included in the assessment required by § 38-193(b);

(4) The Commission shall consult with the Office of the State Superintendent of Education to ensure that eligible families can access comprehensive and coordinated services for their children of pre-k age, as that term is defined in § 38-271.01(7);

(5) Develop goals and determine priorities for children, youth, and their families, based on established annual benchmarks and goals that are reported as part of the Deputy Mayor for Education’s agency performance measures;

(6) Meet at least 4 times a year; and

(7) Make available on the Deputy Mayor for Education’s website:

(A) An updated list and description of ongoing initiatives and subcommittees of the Commission;

(B) An agenda of topics to be discussed, along with all supporting documentation, which shall also be distributed to the members of the Commission at least 48 hours in advance of a Commission meeting, which includes:

(i) The relevant action steps;

(ii) An implementation status report; and

(iii) Any other data relevant to the Commission’s meeting; and

(June 12, 2007, D.C. Law 17-9, § 505, 54 DCR 4102; July 18, 2008, D.C. Law 17-202, § 601, 55 DCR 6297; Mar. 3, 2010, D.C. Law 18-111, § 4061(d), 57 DCR 181; Sept. 26, 2012, D.C. Law 19-171, § 25(a), 59 DCR 6190.)

Effect of Amendments

D.C. Law 17-202, in subsec. (c), deleted “and” from the end of par. (2) and substituted “; and” for a period at the end of par. (3), and added par. (4).

D.C. Law 18-111, in subsec. (c)(3)(A), substituted “of the efforts to meet the objectives of the Commission, including a description of activities, alignment with the statewide education and youth development framework and strategic plan, and” for “of the objectives of the Commission, including”; in subsec. (c)(3)(B), deleted “and” from the end; and added subsecs. (c)(5), (6), (7).

The 2012 amendment by D.C. Law 19-171 validated previously made punctuation corrections in (c)(3)(A) and (c)(4).

Emergency Legislation

For temporary (90 day) amendment of section, see § 4061(d) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see § 4061(d) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

§ 2–1596. Membership.

(a) The Commission shall include the:

(1) Mayor, who shall serve as Chair;

(2) Chairman of Council of the District of Columbia;

(3) Chair of the Committee on Human Services;

(4) Chief Judge, Family Court, Superior Court of the District of Columbia;

(5) Deputy Mayor for Education;

(6) City Administrator;

(7) State Superintendent of Education;

(8) Chancellor of the District of Columbia Public Schools;

(9) Chair of the Public Charter School Board;

(10) Director of the Department of Human Services;

(11) Director of the Child and Family Services Agency;

(12) Director of the Department of Youth Rehabilitation Services;

(13) Director of the Department of Corrections;

(14) Director of the Department of Health;

(15) Director of the Department of Mental Health;

(16) Chief of the Metropolitan Police Department;

(17) Director of the Court Social Services Agency;

(18) Attorney General for the District of Columbia;

(19) Director of the Criminal Justice Coordinating Council;

(20) Director of the Department of Parks and Recreation;

(21) Director of the District of Columbia Public Library;

(22) Executive Director of the Children and Youth Investment Trust Corporation;

(23) President of the State Board of Education; and

(24) In consultation with youth service advocates and organizations throughout the community, 5 members from the community, appointed by the Mayor, in accordance with subsection (c) of this section.

(b) The Mayor, by order, may appoint additional members to the Commission, as necessary.

(c)(1) The members of the community appointed pursuant to subsection (a)(24) of this section shall include:

(A) A local funder of youth service and development activities;

(B) A representative of the early childhood education community;

(D) A representative from the post-secondary preparedness community; and

(E) An expert on primary and secondary education policy.

(2) Members of the community appointed pursuant to subsection (a)(24) of this section may be rotated or changed based upon the agenda for each Commission meeting.

(June 12, 2007, D.C. Law 17-9, § 506, 54 DCR 4102; Mar. 3, 2010, D.C. Law 18-111, § 4061(e), 57 DCR 181; Sept. 26, 2012, D.C. Law 19-171, § 25(b), 59 DCR 6190.)

Effect of Amendments

D.C. Law 18-111, in subsec. (a)(20), deleted “and” from the end; and added subsecs. (a)(22) to (24) and subsec. (c).

The 2012 amendment by D.C. Law 19-171 validated a previously made punctuation correction.

The 2012 amendment by D.C. Law 19-171 validated a previously made punctuation correction in (a)(21).

Emergency Legislation

For temporary (90 day) amendment of section, see § 4061(e) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see § 4061(e) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

§ 2–1597. Administrative support.

The Commission may hire staff and obtain equipment, supplies, materials, and services necessary to carry out the functions of the Commission.

Subchapter VIII. Students in the Care of D.C. Coordinating Committee.

§ 2–1599.01. Definitions.

For the purposes of this subchapter, the term:

(1) "Coordinating Committee" means Students in the Care of D.C. Coordinating Committee.

(2) "Local education agency" means the District of Columbia Public Schools system or any individual or group of public charter schools operating under a single charter.

(3) "OSSE" means Office of the State Superintendent of Education.

(4) "Resident" means an individual who presently resides in the District or who was residing in the District at the time the individual became a student in the care of D.C.

(5) "Students in the Care of D.C." means District residents under 25 years of age who are incarcerated or detained by, committed to and under the custody of, or otherwise under the supervision of, the:

(A) Department of Youth Rehabilitation Services;

(B) Court Services and Offender Supervision Agency;

(D) Family Court Social Services Division;

(E) Child and Family Services Agency;

(F) Department of Corrections; or

(G) Federal Bureau of Prisons.

§ 2–1599.02. Establishment of the Coordinating Committee.

(a) The Students in the Care of D.C. Coordinating Committee is established within the District government.

(b) The Coordinating Committee shall be headed by a Director appointed by the Mayor with the advice and consent of the Council in accordance with § 1-523.01(a).

(c) The Coordinating Committee shall facilitate interagency, department-level leadership in planning, policymaking, program development, and budgeting for successful educational experiences and outcomes for students in the care of D.C.

(d) The Mayor shall designate an agency in the education sector to provide staff assistance and administrative support to the Coordinating Committee.

§ 2–1599.03. Membership of the Coordinating Committee.

(a) The Coordinating Committee shall consist of 26 voting members and 4 nonvoting members, as follows:

(1) The following governmental voting members or their designees:

(A) State Superintendent, OSSE;

(B) Director, ReEngagement Center;

(D) Director, Child and Family Services Agency;

(E) Director, Department of Corrections;

(F) Chancellor, District of Columbia Public Schools;

(G) Executive Director, Public Charter School Board;

(H) President, University of the District of Columbia Community College;

(I) Director, Family Court Social Services Division;

(J) Chief Judge, Superior Court of the District of Columbia;

(K) Executive Director, Corrections Information Council;

(L) Director, Department of Behavioral Health;

(M) Attorney General for the District of Columbia;

(N) Director, Department of Disability Services;

(O) Director, District of Columbia Public Defender Service;

(P) Deputy Mayor for Education; and

(Q) Ombudsperson for Children, Office of the Ombudsperson for Children;

(2) The following nongovernmental voting members:

(A) A parent, guardian, or foster parent of a student in the care of D.C.;

(B) A current or former student involved in the juvenile or criminal justice system;

(D) A representative from an organization that provide services to students involved in the juvenile or criminal justice system;

(E) A representative from an organization that provides services to students involved in the foster care system;

(F) An education attorney representing students in the care of D.C. involved in the juvenile and criminal system;

(G) An attorney representing students in the care of D.C. involved in the foster care system; and

(H) One representative each from 2 charter school local education agencies.

(3) The following nonvoting governmental members or their designees, who the Mayor shall invite to participate:

(A) Director, Court Services and Offender Supervision Agency for the District of Columbia;

(B) Director, Pretrial Services Agency for the District of Columbia; and

(4) The Director of the Coordinating Committee, who shall serve as a nonvoting member.

(b)(1) Within 60 days of October 1, 2019, the Mayor shall nominate individuals to serve as the nongovernmental voting members identified in subsection (a)(2) of this section in accordance with § 1-523.01(f).

(2)(A) Each nongovernmental voting member of the Coordinating Committee shall serve a term of 4 years; provided, that of the initial appointments, the Mayor shall designate:

(i) 4 members to serve terms of 4 years;

(ii) 3 members to serve terms of 3 years; and

(iii) 2 members to serve terms of 2 years.

(B) Terms for the initial nongovernmental voting members shall begin on the date that a majority of the members are sworn in, which shall become the anniversary date for all subsequent appointments.

(D) Any individual appointed to fill a vacancy of a nongovernmental voting member occurring before the expiration of the predecessor's term shall be appointed only for the remainder of the predecessor's term.

(E) Nongovernmental voting members may serve no more than 2 consecutive terms; provided, that a member appointed pursuant to subparagraph (C) of this paragraph, who served less than one year in the member's initial term, may serve 2 consecutive terms beyond the member's initial term.

(F) No individual who has served the maximum number of terms permitted pursuant to subparagraph (E) of this paragraph may be eligible for reappointment.

(Apr. 11, 2019, D.C. Law 22-303, § 4, 66 DCR 2037; Apr. 5, 2021, D.C. Law 23-270, § 203, 68 DCR 001510.)

Applicability

Section 7208 of D.C. Law 24-45 repealed the applicability provision of section 301 of D.C. Law 23-270 that impacted this section. Therefore the amendment of this section by Law 23-270 has been implemented.

Section 7208 of D.C. Act 24-159 repealed the applicability provision of section 301 of D.C. Law 23-270 that impacted this section. Therefore the amendment of this section by Law 23-270 has been implemented.

Applicability of D.C. Law 23-270: § 301 of D.C. Law 23-270 provided that the change made to this section by § 203 of D.C. Law 23-270 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Applicability of D.C. Law 22-303: § 7176 of D.C. Law 23-16 repealed § 9 of D.C. Law 22-303. Therefore the creation of this section by D.C. Law 22-303 has been implemented.

Applicability of D.C. Law 22-303: § 9 of D.C. Law 22-303 provided that the creation of this section by § 4 of D.C. Law 22-303 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) repeal of applicability provision of D.C. Law 22-303, see § 7176 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) repeal of applicability provision of D.C. Law 22-303, see § 7176 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

§ 2–1599.04. The Director of the Coordinating Committee.

(a)(1) The Director of the Coordinating Committee shall be appointed to the Excepted Service as a statutory officeholder pursuant to § 1-609.08.

(2) The Director shall report to the Mayor.

(b) At minimum, the Director shall meet the following qualifications:

(1) Be familiar with the District public education system and member agencies;

(2) Have project management experience; and

(3) Possess expertise providing guidance and best practices for educating youth involved in the foster care and criminal justice systems.

(c) The Mayor is encouraged to consult with the Coordinating Committee on the specific qualifications and job description for this position.

(d) The Director shall have the following duties:

(1) Be responsible for and oversee the daily operations of the Coordinating Committee;

(2) Supervise Coordinating Committee staff;

(3) Recommend and institute internal policies, procedures, and processes for the Coordinating Committee to ensure efficient operations;

(4) Lead and coordinate the Coordinating Committee;

(5) Provide ongoing technical assistance to members of the Coordinating Committee in carrying out the recommendations in accordance with best practices, local laws, and federal laws;

(6) Be responsible for drafting the annual report mandated pursuant to § 2-1599.06(c);

(7) Share best practices from around the country and facilitate knowledge sharing with other states and jurisdictions to increase knowledge of best practices and intervention strategies; and

(8) Work with executive agencies, community stakeholders, and the Coordinating Committee to create, coordinate, and implement the strategic plan created pursuant to § 2-1599.06(d) to improve educational outcomes for students in the care of D.C.

§ 2–1599.05. Operations of the Coordinating Committee.

(a) The Coordinating Committee shall vote on internal policies, procedures, and processes for its operation pursuant to § 2-1599.04(d)(3).

(b)(1) The Coordinating Committee shall meet at least quarterly.

(2) All meetings of the Coordinating Committee shall have a quorum of 2/3 of the voting members in order to conduct business.

(c)(1) The Coordinating Committee may establish subcommittees as needed.

(2) Subcommittees may include persons who are not members of the Coordinating Committee; provided, that each subcommittee shall be chaired by a Coordinating Committee member.

(3) No meeting of a subcommittee of the Coordinating Committee shall qualify as a meeting of the Coordinating Committee for purposes of fulfilling the requirements in subsection (b) of this section.

§ 2–1599.06. Duties and responsibilities of the Coordinating Committee.

(a) The Coordinating Committee shall provide leadership in the development of strategies and policies that guide the implementation of the District's policies and programs to improve educational outcomes for students in the care of D.C.

(b) To accomplish the goals of subsection (a) of this section, the Coordinating Committee shall:

(1) Assess current efforts in place to educate students in the care of D.C.;

(2) Cooperate with and support members in fully implementing all relevant agreements and memorandum of understanding;

(3) Review existing data collection and sharing efforts within and across agencies and make recommendations regarding the exchange and sharing of data for students in the care of D.C.; provided, that all such recommendations comply with local and federal law;

(4) Establish an effective system for monitoring the progress of general education and special education for students in the care of D.C.;

(5) Determine educational outcomes for students in the care of D.C., build capacity to track and measure outcomes, and implement strategies in accordance with the strategic plan created pursuant to subsection (d) of this section;

(6) Foster collaborative relationships with agency counterparts in Maryland and Virginia for students in the care of D.C. who are placed outside of the District; and

(7) Make recommendations concerning the coordination of the activities, implementation of practices, strategies, or programs, and the mobilization of the resources of member agencies to improve educational outcomes for students in the care of D.C.

(c)(1) The Coordinating Committee shall report, within 24 months following October 1, 2019, and on an annual basis thereafter, on the status and progress of each member agency on fulfilling the goal in subsection (a) of this section and the strategic plan referenced in subsection (d) of this section.

(2) The Coordinating Committee shall transmit a publicly-available report to the Mayor and the Council.

(d) Within 12 months after October 1, 2019, and every 4 years thereafter, the Coordinating Committee shall draft and approve a strategic plan that encourages interagency and community coordination and improves educational outcomes for students in the care of D.C. At minimum, the plan required by this subsection shall:

(1) Clearly articulate a vision statement for students in the care of D.C.;

(2) State the goals and operational priorities of member agencies for improving educational outcomes for students in the care of D.C.;

(3) Include a District-wide needs assessment that takes into account existing data;

(4) Establish a timeline for implementing the strategic plan;

(5) Include an analysis of strategies that have been successful in improving educational outcomes for students in custody of the government;

(6) Be developed pursuant to a process that will identify, prioritize, and target needs for services for students in the care of D.C.;

(7) Provide estimates of the costs of carrying out various components of the plan; and

(8) Recommend policy and legislative changes, if needed, to improve educational outcomes for students in the care of D.C.