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post, p. 557.

Ante, p. 488.

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[84 STAT.

"§ lfr-2304. Right to counsel " (a) A child alleged to be delinquent or in need of supervision is entitled to be represented by counsel at all critical stages of Division proceedings, including the time of admission or denial of allegations m the petition and all subsequent stages. If the child and his parent, guardian, or custodian are financially unable to obtain adequate representation, the child shall be entitled to have counsel appointed for him in accordance with rules established by the Superior Court. In its discretion, the Division may appoint counsel for the child over the objection of the child, his parent, guardian, or other custodian. "(b) When a child is alleged to be neglected, the parent, guardian, or custodian of the child named in the petition is entitled to be represented by counsel at all critical stages of the Division proceedings and, if financially unable to obtain adequate representation, to have counsel appointed in accordance with rules established by the Superior Court. The Division shall, where appropriate, appoint separate counggj f^Q represent the child, as provided in section 16-918. "(a) Complaints alleging delinquency, need of supervision, or neglect shall be referred to the Director of Social Services who shall conduct a preliminary inquiry to determine whether the best interests of the child or the public require that a petition be filed. If judicial action apprars warranted, under intake criteria established by rule of the Superior Court, the Director shall recommend that a petition be filed. If the Director decides not to recommend the filing of a petition, the complainant in a delinquency or neglect case shall have a right to have that decision reviewed by the Corporation Counsel, and the Director shall notify the complainant of such right of review. "(b) Petitions initiating judicial action may be signed by any person who has knowledge of the facts alleged or, being informed of them, believes they are true, except that petitions alleging need of supervision may only be signed by the Director of Social Services, a representative of a public agency or a nongovernmental agency licensed and authorized to care for children, a representative of a public or private agency providing social service for families^ a school official, or a law enforcement officer. Petitions shall be verified and verification may be upon information or belief. "(c) Each petition shall be prepared by the Corporation Counsel after an inquiry into the facts and a determination of the legal basis for the petition. If the Director of Social Services has refused to recommend the filing of a delinquency or neglect petition, the Corporation Counsel, on request of the complainant, shall review the facts presented and shall prepare and file a petition if he believes such action is necessary to protect the community or the interests of the child. Any decision of the Corporation Counsel on whether to file a petition shall be final. " (d) A petition shall be filed by the Corporation Counsel within seven days (excluding Sundays and legal holidays) after the complaint has been referred to the Director of Social Services, except as otherwise provided in section 16-2312. A petition shall set forth plainly and concisely the facts which give the Division jurisdiction of ^ho child Under section 11-1101(13). In delinquency cases the petition shall also state the specific statute or ordinance on which the charge is based. If delinquency or need of supervision is alleged, a statement shall be included in the petition that the child appears to be in need of care or rehabilitation. The petition shall contain such other facts and information as may be required by rules of the Superior Court.
 * '§ 16-2305. Petition; contents; amendment

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" (e) A petition may be amended by leave of the Division on motion of the Corporation Counsel or counsel for the child, at any time prior to the conclusion of the factfinding hearing. The Division shall grant the Corporation Counsel, the child, and his parent, guardian, or custodian notice of the amendment and, where necessary, additional time to prepare. " (f) The District of Columbia shall be a party to all proceedings under this subchapter. " (a) When a petition is filed, the Division shall set a time for initial appearance and shall direct the issuance of summonses. If delinquency or need of supervision is alleged, a summons, together with a copy of the petition, shall be served upon the child and upon his spouse (if any) and his parent, guardian, or other custodian. If neglect is alleged, the summons, together with a copy of the petition, shall be served on the parent, guardian, or other custodian of the child named in the petition. Where appropriate to the proper disposition of the case, the Division may direct service of summonses upon other persons. A summons issued pursuant to this section shall advise the parties of the right to counsel as provided in section 16-2304. " (b) Upon request of the Corporation Counsel, the Division may endorse vipon the summons an order directing the parent, guardian, or other custodian of the child to appear personally at the hearing and directing the person having physical custody or control of the child to bring the child to the hearing. " (c) If it appears, from information presented to the Division, that there are grounds to take the child into custody as provided in section 16-2309, or that the child may leave or be removed from the jurisdiction of the Superior Court or will not be brought to the hearing, notwithstanding service of the summons, the Division may endorse upon the summons an order that the officer serving the summons shall at once take the child into custody. If the child is taken into custody under this section, the provisions of sections 16-2309 to 16-2312 shall apply. "§ 16-2307. Transfer for criminal prosecution " (a) Within seven days (excluding Sundays and legal holidays) of the filing of a delinquency petition, or later for good cause shown, and prior to a factfinding hearing on the petition, the Corporation Counsel, following consultation with the Director of Social Services, may file a motion, supported by a statement of facts, requesting transfer of the child for criminal prosecution, if— "(1) the child was fifteen or more years of age at the time of the conduct charged, and is alleged to have committed an act which would constitute a felony if committed by an adult; "(2) the child is sixteen or more years of age and is already under commitment to an agency or institution as a delinquent child; or "(3) a minor eighteen years of age or older is alleged to have committed a delinquent act prior to having become eigliteen years of age. " (b) Following the filing of the motion by the Corporation Counsel, summonses shall be issued and served in conformity with the provisions of section 16-2306. "(c) When there are grounds to believe the child is substantially retarded or mentally ill, the Division shall stay the proceedings for the purpose of obtaining an examination. After examination, the Division shall proceed to a determination under subsection (d) unless it deter-
 * '§ 16-2306. Service of summons and petition

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[84 STAT.

mines that the child is incompetent to participate in the proceedings, in which event it shall order the child committed to a mental hospital pursuant to section 16-2315 or section 927 of the Act of March 3, 1901 (D.C. Code, sec. 24-301 (a)). " (d) Unless a commitment under subsection (c) of this section has intervened, the Division shall conduct a hearing on each transfer motion to determine if there are reasonable prospects for rehabilitating the child before his majority. Such hearing shall be held within ten days (excluding Sundays and legal holidays) of the filing of the transfer motion. In any such hearing, the child who is the subject of the hearing shall not be required to establish that there are reasonable prospects for his rehabilitation prior to his majority. Unless the Division determines that there are reasonable prospects for rehabilitating the child before his majority, it shall order the transfer of the child for criminal prosecution and notify the United States attorney of such order. Acompanying the order of transfer shall be a statement of the reasons of the Division for ordering the transfer of the child. Included in the statement shall be the Division's findings with respect to each of the factors set forth in subsection (e) relating to the prospects for the rehabilitation of the child. This statement shall be available upon request to any court in which the transfer is challenged, but shall not be available to the trier of fact of the criminal charge prior to verdict. "(e) Evidence of the following factors shall be considered in determining whether there are reasonable prospects for rehabilitating a child prior to his majority: " (1) the child's age; "(2) the nature of the present offense and the extent and nature of the child's prior delinquency record; " (3) the child's mental condition; "(4) the nature of past treatment efforts and the nature of the child's response to past treatment efforts; and "(5) the techniques, facilities, and personnel for rehabilitation available to the Division and to the court that would have jurisdiction after transfer. The rules of evidence at transfer hearings shall be the same as those that govern dispositional proceedings in delinquency cases, as set forth in section 16-2317. At a transfer hearing, only the propriety of eventual Division disposition shall be considered, and evidence bearing on probable cause or the likelihood that the child committed the act alleged shall not be admitted. "(f) Prior to a transfer hearing, a study and report, in writing, relevant to the factors in subsection (e), shall be made by the Director of Social Services. This report and all social records that are to be made available to the judge at the transfer hearing shall be made available to counsel for the child and to the Corporation Counsel at least three days prior to the hearing. " (g) A judge who conducts a hearing pursuant to this section shall not, over the objection of the child whose prospects for rehabilitation were at issue, participate in any subsequent factfinding proceedings relating to the offense. " (h) Transfer of a child for criminal prosecution terminates the jurisdiction of the Division over the child with respect to any subse(pient delinquent act; except that jurisdiction of the Division over the child is restored if (1) the criminal prosecution is terminated other than by a plea of guilty, a verdict of guilty, or a verdict of not guilty by reason of insanity, and (2) at the time of the termination of the

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criminal prosecution no indictment or information has been filed for criminal prosecution for an offense alleged to have been committed by the child subsequent to transfer. "§ 16-2308. Initial appearance "The initial appearance, before a judge assigned to the Division, of a child named in a delinquency or need of supervision petition or of the parent, guardian, or custodian of a child named in a neglect petition shall be at the time set forth in the summons, which shall be not later than five days after the petition has been filed. At the initial appearance, the child and his parent, guardian, or custodian shall be advised of the contents of the petition and of the right to counsel as provided in section 16-2304. At the initial appearance the child, or in neglect cases the parent, guardian, or custodian, may admit or deny the allegations in the petition, but it shall not be necessary at the initial appearance for the Corporation Counsel to establish probable cause to believe that the allegations in the petition are true. At the initial appearance, the judge may set the time for the factfinding hearing or continue the matter until a later time. Failure to hold the initial appearance at the time specified shall not be grounds for dismissal of the petition. This section shall not apply in any case where, prior to or at the time of the initial appearance, a detention or shelter care hearing is required by section 16-2312. "§ 16-2309. Taking into custody "A child may be taken into custody— "(1) pursuant to order of the Division under section 16-2306 or 16-2311; "(2) by a law enforcement officer when he has reasonable grounds to believe that the child has committed a delinquent act; "(3) by a law enforcement officer when he has reasonable grounds to believe that the child is suffering from illness or injury or is in immediate danger from his surroundings, and that his removal from his surroundings is necessary; or "(4) by a law enforcement officer when he has reasonable grounds to believe that the child has run away from his parent, guardian, or other custodian. "§ 16-2310. Criteria for detaining children " (a) A child shall not be placed in detention prior to a factfinding hearing or a dispositional hearing unless he is alleged to be delinquent or in need of supervision and unless it appears from available information that detention is required— "(1) to protect the person or projDerty of others or of the child, or "(2) to secure the child's presence at the next court hearing. "(b) A child shall not be placed in shelter care prior to a factfinding hearing or a dispositional hearing unless it appears from available information that shelter care is required— " (1) to protect the person of the child, or "(2) because the child has no parent, guardian, custodian, or other person or agency able to provide supervision and care for him, and the child appears unable to care for himself. "(c) The criteria for detention and shelter care provided in this section, as implemented by rules of the Superior Court, shall govern the decisions of all persons responsible for determining whether detention or shelter care is warranted prior to the factfinding hearing.

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[84 STAT.

"§ 16-2311. Release or delivery to Family Division " (a) A person taldng a child into custody shall with all reasonable speed— " (1) release the child to his parent, guardian, or custodian upon a promise to bring the child before the Division when requested by the Division, unless the child's placement in detention or shelter care appears required as provided in section 16-2310; "(2) bring the child before the Director of Social Services; or "(3) bring the child to a medical facility if the child appears to require prompt treatment or to require prompt diagnosis for medical or evidentiary purposes. Any person taking a child into custody shall give prompt notice to the Corporation Counsel and to the parent, guardian, or custodian (if known) together with the reasons for custody. "(b) When a child is bronght before the Director of Social Services, the Director shall in all cases review the need for detention or shelter care prior to the admission of the child to the place of detention or shelter care. The child shall be released to his parent, guardian, or custodian unless the Director of Social Services finds that detention or shelter care is required under section 16-2310. If the child is not released, the Director of Social Services shall advise him of the right to counsel as provided in section 16-2304. "(c) If a parent, guardian, or custodian fails, when requested, to bring the child to the Division as provided in subsection (a)(1), the Division may issue a warrant directing that the child be taken into custody and brought before the Division. " (a) When a child is not released as provided in section 16-2311— "(1) a detention or shelter care hearing shall be commenced not later than the next day (excluding Sundays) after the child has been taken into custody or transferred from another court as provided by section 16-2302; and "(2) a petition shall be filed at or prior to the detention or shelter care hearing. "(b) Prompt notice of the detention or shelter care hearing shall be given, if delinquency or need (5f supervision is alleged, to the child, and to his spouse (if any), parent, guardian, or custodian, if he can be found, or, if neglect is alleged, to the child, and to the parent, guardian, or custodian named in the petition if he can be found. Counsel for the child, and in neglect cases counsel for the parent, guardian, or custodian, shall be entitled to a copy of the petition prior to the hearing. "(c) At the commencement of the hearing the judge shall advise the parties of the right to counsel, as provided in section 16-2304, and shall appoint counsel if required. He shall also inform them of the contents of the petition and shall afford the child, or in a neglect case, the parent, guardian, or custodian, an opportunity to admit or deny the allegations in the petition. He shall then hear from the Corporation Counsel to determine whether the child should be placed or continued in detention or shelter care under the criteria in section 162310. The child and his parent, guardian, or custodian shall have a right to be heard in their own behalf. " (d)(1) At the conclusion of the hearing, the judge shall— " (A) order detention or shelter care, setting forth in writing his reasons therefor, if he finds that the child's detention or shelter care is required under the criteria in section 16-2310; or " (B) order the child released if he finds that the child's detention or shelter care is not required under such criteria.
 * '§ 16-2312. Detention or shelter care hearing; intermediate disposition

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"(2) If a child is ordered released under paragraph (1)(B) of this subsection, the judge may impose one or more of the following conditions: " (A) Placement of the child in the custody of a parent, guardian, or custodian or under supervision of a person or organization agreeing to supervise him. " (B) Placement of restrictions on the child's travel, activities, or place of abode during the period of release. " (C) Any other condition reasonably necessary to assure the appearance of the child at a factfinding hearing or his protection from harm, including a requirement that the child return to the physical custody of the parent, guardian, or custodian after specified hours. " (e) When a judge finds that a child's detention or shelter care is required under the criteria of section 16-2310, he shall then hear evidence presented by the Corporation Counsel to determine whether there is probable cause to believe the allegations in the petition are true. The child, his parent, guardian or custodian may present evidence on the issues and be heard in their own behalf. " (f) When a judge finds there is probable cause to believe the allegations in the petition are true, he shall order the child to be placed or continued in detention or shelter care and set forth his reasons. When a judge finds that there is not probable cause to believe the allegations in the petition are true, he shall order the child to be released. " (g) The Division at a detention or shelter care hearing may not postpone the determination of whether detention or shelter care is required. For good cause shown, however, the Division may grant a continuance of any other part of the hearing (including the filing of a petition) for a period not to exceed five days. (h) On motion by or on behalf of the child, a child in custody shall be released from custody if his detention or shelter care hearing is not commenced within the time set herein. "(i) If a child is not released after his detention or shelter care hearing and the parent, guardian or custodian did not receive notice thereof, the Division may, in the interest of justice, conduct a new hearing in accordance with rules prescribed by the Superior Court. "(J) Upon objection of the child or his parent, guardian or custodian, a judge who conducted a detention or shelter care hearing shall not conduct a factfinding hearing on the petition. "§ 16-2313. Place of detention or shelter " (a) A child who is alleged to be neglected and who is in custody may be placed at any time prior to disposition, only in— "(1) a foster home; "(2) a group home, youth shelter, or other appropriate home for nondelinquent children; or "(3) another facility for shelter care designated by the Division, including an appropriate facility operated by the District of Columbia. No child alleged to be neglected may be placed in a facility described in paragraph (3) of subsection (b) of this section. " (b) A child who is alleged to be in need of supervision or (except as provided in subsection (d) or (e)) is alleged to be delinquent and who is in custody may be detained at any time prior to disposition only in— " (1) a foster home; "(2) a group home, youth shelter, or other appropriate home for allegedly delinquent children; or

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"(3) a detention home for allegedly delinquent children or children alleged to be in need of supervision, designated by the Division, including an appropriate facility operated by the District of Columbia. Lailess the Division shall by order so authorize, no child may be detained in a facility described in paragraph (3) if it would result in his commingling with children who have been adjudicated delinquent and committed by order of the Division. '•(c) A child in detention or shelter care may be temporarily transferred to a medical facility for physical care and may, on order of the Division, be temporarily transferred to a facility for mental examination or treatment. " (d) Except as provided in subsection (e), no child under eighteen years of age may be detained in a jail or other facility for the detention of adults, unless transferred as provided in section 16-2307. The appropriate official of a jail or other facility for the detention of adults shall inform the Superior Court immediately when a child under the age of eighteen years is received there (other than by transfer) and shall (1) deliver him to the Director of Social Services upon request, or (2) transfer him to a detention facility described in subsection (b)(3). "(e) A child sixteen years of age or older who is alleged to be delinquent and who is in detention, whosB conduct constitutes a menace to other children, and who cannot be controlled, may on order of the Division be transferred to a place of detention for adults, but shall be kept separate from adults. "§ 16-2314. Consent decree " (a) At any time after the filing of a delinquency or need of supervision petition and prior to adjudication at a factfinding hearing, the Division may, on motion of the Corporation Counsel or counsel for the child, suspend the proceedings and continue the child under supervision, without commitment, under terms and conditions established by rules of the Superior Court. Such a consent decree shall not be entered unless the child is represented by counsel and has been informed of the consequences of the decree; nor shall it be entered over the objection of the child or of the Corporation Counsel. "(b) A consent decree shall remain in force for six months unless the child is sooner discharged by the Director of Social Services. Upon application of the Director of Social Services or an agency supervising the child made prior to the expiration of the decree, a consent decree may, after notice and hearing, be extended for not more than six additional months by order of the Division. "(c) If prior to the expiration of the decree or discharge by the Director of Social Services, the child fails to fulfill the express conditions of the decree or a new delinquency or need of supervision petition is filed concerning the child, the original petition under which the decree was filed may, in the discretion of the Corporation Counsel following consultation with the Director of Social Services, be reinstated. The child shall thereafter be held accountable on the original petition as if the consent decree had never been entered. " (d) If a child completes the period of continuance under supervision in accordance with the consent decree or is sooner discharged by the Director of Social Services, the Division shall dismiss the original petition.

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533

"§ 16-2315. Physical and mental examinations " (a) At any time following the filing of a petition, on motion of the Corporation I'ounsel or counsel for the child, or on its own motion, the Division may order a child to be examined to aid in determining his physical or mental condition. "(b) Wherever possible examinations shall be conducted on an outpatient basis, but the Division may, if it deems necessary, commit the child to a suitable medical facility or institution for the purpose of examination. Commitment for examination shall be for a period of not more than forty-five days; except that the Division may, for good cause shown, grant extensions of the commitment which may not exceed forty-five days in the aggregate. "(c)(1) If as a result of a mental examination the Division determines that a child alleged to be delinquent is incompetent to participate in proceedings under the petition by reason of mental illness or substantial retardation, it shall, except as provided in subsection (2), suspend further proceedings and the Corporation Counsel shall initiate commitment proceedings pursuant to chapter 5 or 11 of title 21. ^^^, p^ij,p!%87. " (2) If a motion for transfer for criminal prosecution has been filed D!C. co'de 21pursuant to section 16-2307 and the Division determines that a child ^°^' 21-1101. alleged to be delinquent is incompetent to participate in the transfer proceedings by reason of mental illness, it shall suspend further proceedings and order the child confined to a suitable hospital or facility for the mentally ill until his competency is restored. If prior to the time the child reaches the age of 21 it appears that he will not regain his competency to participate in the proceedings, the Corporation Counsel shall initiate commitment proceedings pursuant to chapter 5 of title 21. "(8) If, as a result of mental examination, the Division determines that a child alleged to be in need of supervision is incompetent to participate in proceedings under the petition by reason of mental illness or substantial retardation, it shall suspend further proceedings. If proceedings are suspended, the Corporation Counsel may initiate commitment proceedings pursuant to chapter 6 or 11 of title 21. " (d) The results of an examination under this section shall be admissible in a transfer hearing pursuant to section 16-2307, in a dispositional hearing under this subchapter, or in a commitment proceeding under chapter 5 or 11 of title 21. The results of examination may be admitted into evidence at a factfinding hearing to aid the Division in determining a material allegation of the petition relating to the child's mental or physical condition, but not for the purpose of establishing a defense of insanity. " (e) Following an adjudication at a factfinding hearing that a child is neglected, the Division may order the mental or physical examination of the parent, guardian, or custodian of the child whose ability to care for the child is at issue. The results of the examination are admissible at a dispositional hearing on the petition alleging neglect. "§ 16-2316. Conduct of hearings; evidence " (a) The Division shall, without a jury, hear and adjudicate cases involving delinquency, need of supervision, or neglect. The Corporation Counsel shall present evidence in support of all petitions arising under this subchapter and otherwise represent the District of Columbia in all proceedings. "(b) Evidence which is competent, material, and relevant shall be admissible at factfinding hearings. Evidence which is material and relevant shall be admissible at detention hearings, transfer hearings under section 16-2307, and dispositional hearings.

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[84 STAT.

"(c) All hearings and proceedings under this subchapter shall be recorded by appropriate means. Except in hearings to declare a person in contempt of court, the general public shall be excluded from hearings arising under this subchapter. Only persons necessary to the proceedings shall be admitted, but the Division ma^, pursuant to rule of the Superior Court, admit such other persons (mcluding members of the press) as have a proper interest in the case or the work of the court on condition that they refrain from divulging information identifying the child or members of his family involved in the proceedings. " (d) If the Division finds that it is in the best interest of the child, it may temporarily exclude him from any proceeding except a factfinding hearing. If the petition alleges neglect, the child may also be temporarily excluded from a factfinding hearing. In any case, counsel for the child may not be excluded. "§ 16-2317. Hearings, findings; dismissal " (a) Except as otherwise provided by statute or court rule, all motions shall be heard at the time of the factfinding hearing. "(b) After a factfinding hearing on the allegations in the petition, the Division shall make and file written findings in all cases as to the truth of the allegations, and in neglect cases, he shall also make and file written findings as to whether the child is neglected. If the Division finds that— "(1) in the case of a delinquency petition, that the allegations have not been established by proof beyond a reasonable doubt, or "(2) in the case of a need of supervision or neglect petition, that the allegations have not been established by the preponderance of the evidence, the Division shall dismiss the petition and order the child released from any de'^ention or shelter care or other restriction previously ordered. If the proceedings are not terminated after the factfinding hearing, the Division shall review the need for detention or shelter care of the child. "(c) If the Division finds in a factfinding hearing that— "(1) the allegations in a delinquency petition have been established by proof beyond a reasonable doubt, or "(2) the allegations in a need of supervision or neglect petition have been established by the preponderance of the evidence, the Division, after giving the notice required by subsection (e) of this section, shall proceed to hold a dispositional hearing. The Division may postpone a dispositional hearing to await the predisposition study and report of the Director of Social Services required by section 162319. In the absence of evidence to the contrary, a finding of the commission of an act which would constitute a criminal offense if committed by an adult is sufficient to sustain a finding of need for care or rehabilitation in delinquency and need of supervision cases. " (d) If the Division finds that the child is not in need of care or rehabilitation it shall terminate the proceedings and discharge the child from detention, shelter care, or other restriction previously ordered. "(e) The Division shall give prompt notice of any dispositional hearing as follows: "(1) I n delinquency and need of supervision cases, to the child, his spouse (if any), and his parent, guardian, or custodian. "(2) In neglect cases, to the child and to the parent, guardian, or custodian named in the petition if he can be found. "§ 16-2318. Order of adjudication noncriminal "A consent decree, order of adjudication, or order of disposition in a proceeding under this subchapter is not a conviction of crime and does not impose any civil disability ordinarily resulting from a con-

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viction, nor does it operate to disqualify a child in any future civil service examination, appointment, or application for public service in either the Government of the United States or of the District of Columbia. "§ 16-2319. Predisposition study and report "After a motion for transfer has been filed, or after the Division has made findings pursuant to subsection (c) of section 16-2317 sustaining the allegations of a petition and, in neglect cases, the conclusion that the child is neglected, the Division shall direct that a predisposition study and report to the Division be made by the Director of Social Services or a qualified agency designated by the Division concerning the child, his family, his environment, and other matters relevant to the need for treatment or disposition of the case. Except in connection with a hearing on a transfer motion, no predisposition study or report shall be furnished to or considered by the Division prior to completion of the factfinding hearing. ^ § 16-2320. Disposition of child who is neglected, delinquent, or ^ in need of supervision "(a) If a child is found to be neglected, the Division may order any of the following dispositions which will be in the best interest of the child: "(1) Permit the child to remain with his parent^ guardian, or other custodian, subject to such conditions and limitations as the Division may prescribe, including but not limited to medical, psychiatric, or other treatment at an appropriate facility on an out-patient basis. " (2) Place the child under protective supervision. " (3) Transfer le^al custody to any of the following— " (A) a public agency responsible for the care of neglected children; " (B) a child placing agency or other private organization or facility which is licensed or otherwise authorized b^ law and is designated by the Commissioner of the District of Columbia to receive and provide care for the child; or " (C) a relative or other individual who is found by the Division to be qualified to receive and care for the child. "(4) Commitment of the child for medical, psychiatric, or other treatment at an appropriate facility on an in-patient basis if, at the dispositional hearing provided for in section 16-2317, the Division finds that confinement is necessary to the treatment of the child. A child for whom medical, psychiatric, or other treatment is ordered may petition the Division for review of the order thirty days after treatment under the order has commenced, and, if, after a hearing for the purpose of such review, the original order is affirmed, the child may petition for review thereafter every six months. "(5) Make such other disposition as may be provided by law and as the Division deems to be in the best interests of the child and the community. "(b) Unless a child found neglected is also found to be delinquent, he shall not be committed to, or confined in, an institution for delinquent children. "(c) If a child is found to be delinquent or in need of supervision, the Division may order any of the following dispositions for his supervision, care, and rehabilitation: "(1) Any disposition authorized by subsection (a) (other than paragraph (3)(A) thereof), 47-348 O - 72 - 38 (pt. 1)

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[84 STAT.

"(2) Transfer of legal custody to a public agency for the care of delinquent children. "(3) Probation under such conditions and limitations as the Division may prescribe. " (d) No child found in need of supervision, unless also found delinquent, shall be committed to or placed in an institution or facility for delinquent children; except that if such child has previously been found in need of supervision and the Division, after hearing, so finds, the Division may specify that such child be committed to or placed in an institution or facility for delinquent children. " (e) No child who is found to be delinquent, in need of supervision, or neglected shall be committed to a penal or correctional institution for adult offenders. "§ 16-2321. Disposition of mentally ill or substantially retarded child " (a) If no previous examination has been made under section 162315 and the Division, after a factfinding but before a dispositional hearing, has reason to b?lieve that a child is mentally ill or substantially retarded, it may order an examination as provided in section 16-2315. " (b) If as a result of the examination the child is found to be mentally ill or substantially retarded, the Division may, in lieu of other disposition, direct the appropriate authority to initiate commitment 79 Stat. 750, proceedings under chapter 5 or 11 of title 21. The Division may order D!c.°cod^*2i- ' ibe child detained m suitable facilities pending commitment 501, 21-1101. proceedings. "(c) If the examination does not indicate that commitment proceedings should be initiated or if the proceedings do not result in commitment, the Division shall proceed to disposition pursuant to this subchapter. " (a)(1) A dispositional order vesting legal custody of a child in a department, agency, or institution shall remain in force for an indeterminate period not exceeding two years. Unless the order specifies that release is permitted only by order of the Division, the department, agency, or institution may release the child at any time that it appears the purpose of the disposition order has been achieved. "(2) An order vesting le^al custody of a child in an individual other than his parent shall remain in force for two years unless sooner terminated by order of the Division. "(3) An order of probation or a protective supervision order shall remain in force for a period not exceeding one year from the date entered, but the Director of Social Services or the agency providing supervision may terminate supervision at any time that it appears the purpose of the order has been achieved. "(b) A dispositional order vesting legal custody of a child in an agency or institution may be extended for additional periods of one year, upon motion of the department, agency, or institution to which the child was committed, if, after notice and hearing, the Division finds that— "(1) in the case of a neglected child, the extension is necessary to safeguard his welfare; or "(2) in the case of a child adjudicated delinquent or in need of supervision, the extension is necessary for his rehabilitation or the protection of the public interest.
 * '§ 16-2322. Limitation of time on dispositional orders

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"(c) Any other dispositional order may be extended for additional periods of one year, upon motion of the Director of Social Services, if, after notice and hearing, the Division finds that extension is necessary to protect the interest of the child. " (d) A release or termination of an order prior to expiration of the order pursuant to subsection (a)(1) or (3), shall promptly be reported in writing to the Division. "(e) Upon termination of a dispositional order a child shall be notified in writing of its termination. Upon termination of an order or release a child shall be notified, in accordance with rules of the Superior Court, of his right to move for the sealing of his records as provided in section 16-2334. "(f) Unless sooner terminated, all orders of the Division under this subchapter in force with respect to a child terminate when he reaches twenty-one years of age. "§ 16-2323. Modification, termination of orders " (a) An order of the Division under this subchapter shall be set aside if— "(1) it was obtained by fraud or mistake sufficient to set aside an order or judgment in a civil action; " (2) the Division lacked jurisdiction; or " (3) newly discovered evidence so requires. "(b) A child who has been committed under this subchapter to the custody of an institution, agency, or person, or the parent or guardian of the child, may file a motion for modification or termination of the order of commitment on the ground that the child no longer is in need of commitment, if the child or his parent or guardian has applied to the institution or agency for release and the application was denied or not acted upon within a reasonable time. "(c) The Director of Social Services shall conduct a preliminary review of motions filed under subsection (b) and shall prepare a report to the Division on the allegations contained therein. The Division may dismiss the motion if it concludes from the report that it is without substance. Otherwise, the Division, after notice, shall hear and determine the issues raised by the motion and deny the motion, or enter an appropriate order modifying or terminating the order of commitment, if it finds such action necessary to safeguard the welfare of the child or the interest of the public. " (d) A motion may be filed under subsection (b) only once every six months. "§ 16-2324. Support of committed child "Whenever legal custody of a child is vested in any agency or individual other than the child's parent, after due notice to the parent or other persons legally obligated to care for and support the child and after hearing, the Division may, at the dispositional hearing or thereafter, order and decree that the parent or other legally obligated person shall pay, in such manner as the Division may direct, a reasonable sum that will cover in whole or in part the support and treatment of the child after the decree is entered. If the parent or other legally obligated person wilfully fails or refuses to pay such sum, the Division may proceed against him for contempt, or the order may be filed and shall have the effect of a civil judgment. "§ 16-2325. Court costs and expenses "If, at the dispositional hearing or thereafter, the Division finds, after due notice and hearing, that the parent or other person legally obligated to care for and support a child subject to proceedings under this subchapter is financially able to pay, the Division may order him to pay all of or part of the costs of—

537

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PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

"(1) physical and mental examinations and treatment of the child ordered by the Division; and "(2) reasonable compensation for services and related expenses of counsel appointed by the court to represent the child, or, in neglect cases, himself. Payment shall be made as prescribed by rules of the Superior Court. "§ 16-2326. Probation revocation; disposition " (a) If a child on probation incident to an adjudication of delinquency or need of supervision violates any term of his probation he may be proceeded against in a probation revocation hearing. "(b) A proceeding to revoke probation shall be commenced by the filing of a revocation petition by the Corporation Counsel. The petition to revoke probation shall be in such form as may be prescribed by rule of the Superior Court and shall be served together with a summons in the manner provided in section 16-2306. "(c) Probation revocation proceedings shall be heard without a jury and shall require establishment of the facts alleged by a preponderance of the evidence. As nearly as may be appropriate, probation revocation proceedings shall conform to the procedures established by this subchapter for delinquency and need of supervision cases. " (d) If a child is found to have violated the terms of his probation, the Division may modify the terms and conditions of the probation order, extend the period of probation, or enter any other order of disposition specified in section 16-2320 for a delinquent child. "§ 16-2327. Interlocutory appeals "(a) A child who has been ordered transferred for criminal prosecution under section 16-2307 or detained or placed in shelter care or subjected to conditions of release under section 16-2312, may, within two days of the date of entry of the Division's order, file a notice of interlocutory appeal. "(b) The District of Columbia Court of Appeals shall (1) hear argument on an appeal under subsection (a) on or before the third day (excluding Sundays) after the filing of notice under that subsection, (2) dispense with any requirement of written briefs other than the supporting materials previously submitted to the Division, and (3) render its decision on or before the next day following argument on appeal. The court may in rendering its decision dispense with the issuance of a written opinion. "(c) In cases involving transfer for criminal prosecution, the pendency of an interlocutory appeal shall act to stay criminal proceedings. Until the time for filing an interlocutory appeal has lapsed, or if an appeal is filed until its completion, no child who has been ordered transferred for criminal prosecution shall be removed to a place of adult detention, except as provided in section 16-2313, or otherwise treated as an adult. " (d) The decision of the District of Columbia Court of Appeals shall be final. "§ 16-2328. Finality of judgments; appeals; transcripts " (a) Except as otherwise expressly provided by law, in all hearings and cases tried before the Division pursuant to this subchapter, the judgment of the Division is final. "(b) In all appeals from decisions of the Division with respect to a child alleged to be neglected, delinquent, or in need of supervision, the child shall be identified only by initials in all transcripts, briefs, and other papers filed, and all necessary steps, as prescribed by rule of the District of Columbia Court of Appeals, shall be taken to protect the identity of the child.

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"(c) Upon the filing of a motion and supporting affidavit stating that he is financially unable to purchase a transcript, a party who has filed notice of appeal or of interlocutory appeal shall be furnished, at no cost or at such part of cost as he is able to pay, so much of the transcript as is necessary adequately to prepare and support the appeal. " (d) An appeal does not operate to stay the order, judgment, or decree appealed from, but on application and hearing whenever the case is properly before the appellate court, that court may order otherwise if suitable provision is made for the care and custody of the child. "§16-2329. Time computation " (a) I n all proceedings in the Division, time limitations shall be reasonably construed by the Division for the protection of the community and of the child. " (b) The following periods shall be excluded in computing the time limits established for proceedings under this subchapter: " (1) The period of delay resulting from a continuance granted, upon grounds constituting unusual circumstances, at the request or with the consent, in any case, of the child or his counsel, or, in neglect cases, also of the parent, ^ a r d i a n, or custodian. " (2) The period of delay resulting from other proceedings concerning the child, including but not limited to an examination or hearing on mental health or retardation and a hearing on a transfer motion. " (3) The period of delay resulting from a continuance granted at the request of the Corporation Counsel if the continuance is granted because of the unavailability of evidence material to the case, when the Corporation Counsel has exercised due diligence to obtain such evidence and there are reasonable grounds to believe that such evidence will be available at the later date; or if the continuance is granted to allow the Corporation Counsel additional time to prepare his case and additional time is required due to the exceptional circumstances of the case. "(4) The period of delay resulting from the imposition of a consent decree. "(5) The period of delay resulting from the absence or unavailability of the child. "(6) A reasonable period of delay when the child is joined for a hearing with another child as to whom the time for a hearing has not run and there is good cause for not hearing the cases separately. "§16-2330. Juvenile case records; confidentiality; inspection and disclosure " (a) As used in this section, the term 'juvenile case records' refers to the following records of a case over which the Division has jurisdiction under section 11-1101(13): " "(1) Notices filed with the court by an arresting officer pursuant to this subchapter. " (2) The docket of the court and entries therein. "(3) Complaints, petitions, and other legal papers filed in the case. "(4) Transcripts of proceedings before the court. "(5) Findings, verdicts, judgments, orders, and decrees. "(6) Other writings filed in proceedings before the court, other than social records.

539

^"'»' P* ^SS.

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Ante, p. 488.

PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

"(b) Juvenile case records shall be kept confidential and shall not be open to inspection; but, subject to the limitations of subsection (c), the inspection of those records shall be permitted to— "(1) judges and professional staff of the Superior Court; "(2) the Corporation Counsel and his assistants assigned to the Division; "(3) the respondent, his parents or guardians, and their duly authorized attorneys; " (4) any court or its probation staff, for purposes of sentencing the respondent as a defendant in a criminal case and the counsel for the defendant in that case; "(5) public or private agencies or institutions providing supervision or treatment or having custody of the child, if supervision, treatment, or custody is under order of the Division; "(6) the United States Attorney for the District of Columbia, his assistants, and any other prosecuting attorneys involved in the investigation or trial of a criminal case arising out of the same transaction or occurrence as a case in which a child is alleged to be delinquent; and "(7) other persons having a professional interest in the protection, welfare, treatment, and rehabilitation of the respondent or of a member of his family, or in the work of the Superior Court, if authorized by rule or special order of the court. Records inspected may not be divulged to unauthorized persons. The prosecuting attorney inspecting records pursuant to paragraph (6) of this subsection may divulge the contents to the extent required in the prosecution of a criminal case, and the United States Attorney for the District of Columbia and his assistants may inspect a transcript of the testimony of any witness and divulge the contents to the extent required by the prosecution of the witness for perjury, without, wherever possible, naming or otherwise revealing the identity of a child under the jurisdiction of the Division. "(c) Notwithstanding subsection (b), the Superior Court may by rule or special order provide that particular items or classes of items in juvenile case records shall not be open to inspection except pursuant to rule or special order; but, in dispositional proceedings after an adjudication, no item considered by the judge (other than identification of the sources of confidential information) shall be withheld from inspection (1) in delinquency or need of supervision cases, by the attorney for the child, or (2) in neglect cases, by the attorney for the child and an attorney for the parent, guardian, or other custodian of the child. "(d) The Superior Court may by rule or special order provide procedures for the inspection or copying of juvenile case records by persons entitled to inspect them. No person receiving any record or information pursuant to this section may publish or "use it for any purpose other than that for which it was received without a special order of the court. "(e) No person shall disclose, inspect, or use records in violation of this section. "§ 16-2331. Juvenile social records; confidentiality; inspection and disclosure " (a) As used in this section, the term 'juvenile social records' refers to all social records made with respect to a child in any proceedings over which the Division has jurisdiction under section 11-1101(13), including preliminary inquiries, predisposition studies, and examination reports.

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" (b) Juvenile social records shall be kept confidential and shall not be open to inspection; but, subject to the limitations of subsection (c), the inspection of those records shall be permitted to— "(1) judges and professional staff of the Superior Court and the Corporation Counsel and his assistants assigned to the Division; "(2) the attorney for the child at any stage of a proceeding in the Division, including intake; "(3) any court or its probation staff, for purposes of sentencing the child as a defendant in a criminal case, and, if and to the extent other presentence materials are disclosed to him, the counsel for the defendant in that case; "(4) public or private agencies or institutions providing supervision or treatment, or having custody of the child, if the supervision, treatment, or custody is under order of the Division; and "(5) other persons having a professional interest in the protection, welfare, treatment, and rehabilitation of the respondent or of a member of his family, or in the work of the Division, if authorized by rule or special order of the court. Records inspected may not be divulged to unauthorized persons. "(c) Notwithstanding subsection (b), the Superior Court may by rule or special order provide that particular items or classes of items in juvenile social records shall not be open to inspection except pursuant to rule or special order; but, in dispositional proceedings after an adjudication, no item considered by the judge (other than identification of the sources of confidential information) shall be withheld from inspection (1) in delinquency or need of supervision cases, by the attorney for the child, or (2) in neglect cases, by the attorney for the child and an attorney for the parent, guardian, or other custodian of the child. " (d) The Superior Court may by rule or special order provide procedures for the inspection or copying of juvenile social records by persons entitled to inspect them. No person receiving any record or information pursuant to this section may publish or use it for any purpose other than that for which it was received without a special order of the court. "(e) No person shall disclose, inspect, or use records in violation of this section. "§ 16-2332. Police and other law enforcement records " (a) Law enforcement records and files concerning a child shall not be open to public inspection nor shall their contents or existence be disclosed to the public unless a charge of delinquency is transferred for criminal prosecution under section 16-2307, the interest of national security requires, or the court otherwise orders in the interest of the child. " (b) Inspection of such records and files is permitted by— "(1) the Superior Court, having the child currently before it in any proceeding; "(2) the officers of public and private institutions or agencies to which the child is currently committed, and those professional persons or agencies responsible for his supervision after release; "(3) any other person, agency or institution, by order of the court, having a professional interest in the child or in the work of the law enforcement department; "(4) law enforcement officers of the United States, the District of Columbia, and other jurisdictions when necessary for the discharge of their current official duties;

541

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[84 STAT.

"(5) a court in which a person is charged with a criminal offense for the purposes of determining conditions of release or bail; " (6) a court in which a person is convicted of a criminal offense for the purpose of a presentence report or other dispositional proceeding, or b ^ officials of penal institutions and other penal facilities to which he is committed, or by a parole board in considering his parole or discharge or in exercising supervision over him; and "(7) the parent, guardian, or other custodian and counsel for the child. "(c) Photographs may be displayed to potential witnesses for identification purposes, in accordance with the standards of fairness applicable to adults. " (d) No person shall disclose, inspect, or use records or files in violation of this section. "§ 16-2333. Fingerprint records "(a) The contents or existence of law enforcement records and files of the fingerprints of a child shall not be disclosed by the custodians thereof, except— "(1) to a law enforcement officer of the United States, the District of Columbia, or other jurisdiction for purposes of the investigation and trial of a criminal offense; or " (2) pursuant to rule or special order of the court. " (b) When a child is transferred for criminal prosecution under section 16-2307, law enforcement records and files of his fingerprints relating to any matter so transferred shall be deemed those of an adult. "(c) No person shall disclose, inspect, or use records in violation of this section. "§ 16-2334. Sealing of records " (a) On motion of a person who has been the subject of a petition filed pursuant to section 16-2305, or on the Division's own motion, the Division shall vacate its order and findings and shall order the sealing of the case and social records referred to in sections 16-2330 and 16-2331 and the law enforcement records and files referred to in section 16-2332, or those of any other agency active in the case if it finds that— " (1)(A) a neglected child has reached his majority; or " (B) two years have elapsed since the final discharge of the person from legal custody or supervision, or since the entry of any other Division order not involving custody or supervision; and "(2) he has not been subsequently convicted of a crime, or adjudicated delinquent or in need of supervision prior to the filing of the motion, and no proceeding is pending seeking such conviction or adjudication. "(b) Reasonable notice of a motion shall be given to— " (1) the person who is the subject of the petition; "(2) the Corporation Counsel; " (3) the authority granting the discharge, if the final discharge was from an institution, parole, or probation; and

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543

"(4) the law enforcement department having custody of the files and records specified in section 16-2332. "(c) Upon the entry of the order, the proceedings in the case shall be treated as if they never occurred. All facts relating to the action including arrest, the filing of a petition, and the adjudication, filing, and disposition of the Division shall no longer exist as a matter of law. The Division, the law enforcement department, or any other department or agency that received notice under subsection (b) and was named in the order shall reply, and the person who is the subject matter of the records may reply, to any inquiry that no record exists with respect to such person. " (d) Inspection of the files and records included in the order may thereafter be permitted by the Division only upon motion by the person who is the subject of such records, and may be made only by those persons named in the motion; but the Division in its discretion may, by special order in an individual case, permit inspection by or release of information in the records to persons having a professional interest in the protection, welfare, treatment, and rehabilitation of the person who is the subject of the petition or other members of his family. " (e) Any adjudication of delinquency or need of supervision or conviction of a felony subsequent to sealing shall have the effect of nullifying the vacating and sealing order. "(f) A person who has been the subject of a petition filed under this subchapter shall be notified of his rights under subsection (a) at the time a dispositional order is entered and again at the time of his final discharge from supervision, treatment, or custody. " (g) No person shall disclose, receive, or use records in violation of this section. "§ 16-2335. Unlawful disclosure of records; penalties "Whoever willfully discloses, receives, makes use of, or knowingly permits the use of information concerning a child or other person in violation of sections 16-2330 through 16-2334, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $250 or imprisoned not more than ninety days, or both. Violations of this section shall be prosecuted by the Corporation Counsel in the name of the District of Columbia. "§ 16-2336. Additional powers of the Director of Social Services "In addition to the powers and duties prescribed in section 11-1722, ^"^^' P* siothe Director of Social Services shall have power to take into custody and place in detention or shelter care, in accordance with this subchapter, children who are under his supervision as delinquent, in need of supervision, or neglected, or children who have run away from agencies or institutions to which they were committed under this subchapter. "§16-2337. Emergency medical treatment "Nothing in this subchapter shall prevent a public agency having custody of a child who is under the jurisdiction of the Division from providing the child with emergency medical treatment.

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[84 STAT.

"SUBCHAPTER II.—PATERNITY PROCEEDINGS

An^e.p. 488.

"§ 16-2341. Representation " (a) Where a public support burden has been incurred or is threatened, the Corporation Counsel, or any of his assistants, shall bring a civil action in the Family Division on behalf of any wife or child to enforce support of such wife or child. "(b) In all cases over which the Division has jurisdiction under paragraphs (3), (4), (10), and (11) of section 11-1101, where the court deems it necessary and proper, an attorney shall be appointed by the court to represent the respondent. "(c) Nothing in this section shall be construed to interfere with the right of an mdividual to file a civil action over which the Division has jurisdiction under the paragraphs of section 11-1101 referred to in subsection (b). "Proceedings over which the Division has jurisdiction under paragraphs (3) and (11) of section 11-1101 to establish paternity and provide for the support of a child born out of wedlock may be instituted after four months of pregnancy or within two years after the birth of the child, or within one year after the putative father has ceased making contributions for the support of the child. The time during which the respondent is absent from the jurisdiction shall be excluded from the computation of the time within which a complaint may be filed. "§lft-2343. Blood tests "When it is relevant to an action over which the Division has jurisdiction under section 11-1101, the court may direct that the mother, child, and the respondent submit to one or more blood tests to determine whether or not the respondent can be excluded as being the fa^^her of the child, but the results of the test may be admitted as evidence only in cases where the respondent does not object to its admissability. Where the parties cannot afford the cost of a blood test, the court may direct the Department of Public Health to perform such tests without fee. "§ 16-2344. Exclusion of public "Upon trial or proceedings over which the Division has jurisdiction under paragraph (3), (4), (10), or (11) of section 11-1101, the court may exclude the general public and, at the request of either party, shall exclude the general public. % 16-2345. New birth record upon marriage of natural parents "When a certified copy of a marriage certificate is submitted to the Director of Public Health, establishing that the previously unwed parents of a child born out of wedlock have intermarried subsequent to the birth of the child, and the paternity of the child has been judicially determined or acknowledged by the husband before the Commissioner of the District of Columbia or his designated agent, or has been acknowledged in an affidavit sworn to by the husband before a judge or the clerk of a court of record, or before an officer of the armed forces of the United States authorized to administer oaths, and the affidavit is delivered to the Commissioner or his designated agent, a new certificate of birth bearing the original date of birth and the names
 * § 16-2342. Time of bringing complaint

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of both parents shall be issued and substituted for the certificate of birth then on file. The original certificate of birth and all papers pertaining to the issuance of the new certificate shall be placed under seal and opened for inspection only upon order of the Family Division. "§ 16-2346. Reports to Director of Public Health " (a) Upon entry of a final judgment determining the paternity of a child born out of wedlock, the clerk of the court shall forward a certificate to the Director of Public Health of the District of Columbia, or his authorized representative in the jurisdiction in which the child was born, giving the name of the person adjudged to be the father of the child. " (b) Upon receipt of the certificate provided for by subsection (a) of this section, the Director of Public Health or his authorized representative shall file it with the original birth record, and thereafter may issue a certificate of birth registration including thereon the name of the person adjudged to be the father of the child. "§ 16-2347. Death of respondent; liability of estate "If the respondent dies after paternity has been established and prior to the time the child reaches the age of 18 years, any sums due and unpaid under an order of the court at the time of his death shall constitute a valid claim against his estate. "§ 16-2348. Paternity records; confidentiality; inspection and disclosure " (a) Except on order of the Family Division, no records in a case over which the Division has jurisdiction under section 11-1101(11) shall be open to inspection by anyone other than the plaintiff, respondent, their attorneys of record, or authorized professional staff of the Superior Court. The Family Division, upon proper showing, may authorize the furnishing of certified copies of the records or portions thereof to the respondent, the mother, or custodian of the child, a party in inJerest, or their duly authorized attorneys. Certified copies of the records or portions thereof may be furnished, upon request, to the Corporation Counsel for use as evidence in nonsupport proceedings and to the Director of Public Health as provided by section 16-2846 (a). "(b) No person shall disclose, receive, or use records in violation of this section. Whoever willfully discloses, receives, makes use of, or knowingly permits the use of information in violation of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $250 or imprisoned not more than ninety days, or both. Violations of this section shall be prosecuted by the Corporation Counsel in the name of the District of Columbia." (b) The item relating to chapter 23 in the analysis of title 16 of the District of Columbia Code is amended by striking out "Juvenile Court" and inserting in lieu thereof "Family Division".

545

'^"'^' ^' '**^'

77 Stat. 536.

PART C—INTRAFAMILY OFFENSES; JURISDICTION AND PROCESS OUTSIDE THE DISTRICT OF COLUMBIA; COMPETENCY OF WITNESSES INTRAFAMILY OFFENSES

SEC. 131. (a) Title 16 of the District of Columbia Code is amended by inserting after chapter 9 the following new chapter:

hlcl^c'de^' 16-901.

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[84 STAT.

"Chapter 10.—PROCEEDINGS REGARDING INTRAFAMILY OFFENSES "Sec.

"16-1001. "16-1002. "16-1003. "16-1004. "16-1005. "16-1006.

Definitions. Complaint of criminal conduct; referrals to Family Division. Petition for civil protection. Petition; notice; temporary order. Hearing; evidence; protection order. Dismissal of petition; notice.

"§ 16-1001. Definitions "For purposes of this chapter: "(1) The term 'intrafamily offense' means an act, punishable as a criminal offense, committed— " (A) by one spouse against the other; " (B) by a parent, guardian, or other legal custodian against a child; or " (C) by one person against another person with whom he shares a mutual residence and is in a close relationship rendering the application of this chapter appropriate. "(2) The terms'complainant'and'family member'include any individual in the relationship described in paragraph (1). "(3) The term 'Family Division' means the Family Division of the Superior Court of the District of Columbia. "(4) The term 'Director of Social Services' means the Director of Social Services in the Superior Court of the District of Columbia. "§16-1002. Complaint of criminal conduct; referrals to Family Division " (a) If, upon the complaint of any person of criminal conduct by another or the arrest of a person charged with criminal conduct, it appears to the United States Attorney for the District of Columbia (hereafter in this chapter referred to as the 'United States attorney') that the conduct involves an intrafamily offense, he shall notify the Director of Social Services. The Director of Social Services may investigate the matter and make such recommendations to the United States attorney as the Director deems appropriate. "(b) The United States attorney may also (1) file a criminal charge based upon the conduct and may consult with the Director of Social Services concerning appropriate recommendations for conditions of release taking into account the intrafamily nature of the offense; or (2) refer the matter to the Corporation Counsel for the filing of a petition for civil protection in the Family Division. Prior to any such referral, the United States attorney shall consult with the Director of Social Services concerning the appropriateness of the referral. A referral to the Corporation Counsel by the United States attornev shall not preclude the United -States attorney from subsequently ming a criminal charge based upon the conduct, if he deems it appropriate, bvit no criminal charge may be filed after the Family Division begins receiving evidence pursuant to section 16-1005. "§16-1003. Petition for civil protection " (a) Upon referral by the United States attorney, or upon application of any person or agency for a civil protection order with respect to an intrafamily offense committed or threatened, the Corporation Counsel may file a petition for civil protection in the Family Division. "(b) I n any matter referred to the Corporation Counsel by the United States attorney in which the Corporation Counsel does not file a petition, he shall so notify the United States attorney.

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PUBLIC LAW 91-358-JULY 29, 1970

"§ 16-1004. Petition; notice; temporary order " (a) Upon a filing of a petition for civil protection by the Corporation Counsel, the Family Division shall set the matter for hearing, consolidating it, where appropriate, with other matters before the Family Division involving members of the same family. "(b) The Family Division shall cause notice of the hearing to be served on the respondent, the complainant and, if appropriate, the family member endangered (or, if a child, the person then having physical custody of the child), the Director of Social Services, and the Corporation Counsel. The respondent shall be served with a copy of the petition together with the notice and shall be directed to appear at the hearing. The Family Division may also cause notice to be served on other members of the family whose presence at the hearing is necessary to the proper disposition of the matter. "(c) If, upon the filing of the petition, the Division finds that the safety or welfare of a family member is immediately endangered by the respondent, it may, ex parte, issue a temporary protection order of not more than ten days duration and direct that the order be served along with the notice required by this section. "§ 16-1005. Hearing; evidence; protection order " (a) Members of the family receiving notice shall appear at the hearing. In addition to the parties, the Corporation Counsel and the Director of Social Services may present evidence at the hearing. " (b) Notwithstanding section 14-306, in a hearing under this section, one spouse shall be a competent and compellable witness against the other and may testify as to confidential communications, but testimony compelled over a claim of a privilege conferred by such section shall be inadmissible in evidence in a criminal trial over the objection of a spouse entitled to claim that privilege. "(c) If, after hearing, the Family Division finds that there is good cause to believe the respondent has committed or is threatening an intrafamily offense, it may issue a protection order— "(1) directing the respondent to refrain from the conduct committed or threatened and to keep the peace toward the family member; "(2) requiring the respondent, alone or in conjunction with any other member of the family before the court, to participate in psychiatric or medical treatment or appropriate counseling programs; "(3) directing, where appropriate, that the respondent avoid the presence of the family member endangered; "(4) directing the respondent to perform or refrain from other actions as may be appropriate to the effective resolution of the matter; or "(5) combining two or more of the directions or requirements prescribed by the preceding paragraphs. " (d) A protection order issued pursuant to this section shall be effective for such period up to one year as the Family Division may specify, but the Family Division may, upon motion of any party to the original proceeding, extend, rescind, or modify the order for good cause shown. "(e) Any final order issued pursuant to this section and any order granting or denying extension, modification, or rescission of such order shall be appealable.

547

^^ ^*^** ^^^*

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Page:United States Statutes at Large Volume 84 Part 1.djvu/606

 548

PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

" (f) Violation of any temporary or permanent order issued under this chapter and failure to appear as provided in subsection (a) shall be punishable as contempt. "§ 16-1006. Dismissal of petition; notice " (a) The Family Division may dismiss a petition if the matter is not appropriate for disposition in the Family Division. " ( b j If a petition dismissed under subsection (a) was originated by reierral from the United States attorney, and the dismissal was prior to the receipt of evidence pursuant to section 16-1005, the Family Division shall notify the United States attorney of the dismissal." (b) The analysis of title 16 is amended by adding after the item relating to chapter 9 the following: 77 Stat. 536.

"iQ. Proceedings Regarding Intrafamily Offenses

10-1001".

JURISDICTION AND PROCESS OUTSIDE THE DISTRICT OF COLUMBIA

Dx^.^^odi^iV

SEC. 132. (a) Title 13 of the District of Columbia Code is amended by inserting after chapter 3 the following new chapter:

30l!

"Chapter 4.—CIVIL JURISDICTION A N D SERVICE OUTSIDE THE DISTRICT OF COLUMBIA " SUBCHAPTER I.—GENERAL PROVISIONS
 * S6C.

"13-401. Relation to other provisions of law. "13-402. Uniformity of interpretation. " SUBCHAPTER 11.

"13-421. "13-422. "13-423. "13-424. "13^25.

BASES OF P E R S O N A L JURISDICTION OVER P E R S O N S OUTSIDE DISTRICT OF COLUMBIA

Definition of person. Personal jurisdiction based upon enduring relationship. Personal jurisdiction based upon conduct. Service outside the District of Columbia. Inconvenient forum. "SUBCHAPTER

"13-431. "13-432. "13-433. "13-434.

THE

III. — SERVICE OUTSIDE THE

DISTRICT

OF

COLUMBIA

Manner and proof of service. Individuals eligible to make service. Individuals to be served; special cases. Assistance to tribunals and litigants outside the District of Columbia.

"SUBCHAPTER L—GENERAL PROVISIONS

9B u.L.A.

"§ 13-401. Relation to other provisions of law "Except in cases of irreconcilable conflict, this chapter shall be construed to augment, and not to repeal, any other law of the District of Columbia authorizing another basis of jurisdiction or permitting another procedure for service in civil proceedings in the District of Columbia courts. "§ 13-402. Uniformity of interpretation "When the statutory language so permits, this chapter shall be so interpreted and construed as to make it uniform with the laws of those jurisdictions which enact in comparable form the first two articles of the Uniform Interstate and International Procedure Act.

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Page:United States Statutes at Large Volume 84 Part 1.djvu/607

 84 STAT. ]

PUBLIC LAW 91-358-JULY 29, 1970

"SUBCHAPTER II.—BASES OF PERSONAL JURISDICTION OVER P E R S O N S O U T S I D E THE DISTRICT OF COLUMBIA "§ 13-421. Definition of person "As used in this subchapter, the term 'person' includes an individual, his executor, administrator, or other personal representative, or a corporation, partnership, association, or any other legal or commercial entity, whether or not a citizen or domiciliary of the District of Columbia and whether or not organized under the laws of the District of Columbia. "§ 13-422. Personal jurisdiction based upon enduring relationship "A District of Columbia court may exercise personal jurisdiction over a person domiciled in, organized under the laws of, or maintaining his or its principal place of business in, the District of Columbia as to any claim for relief. " (a) A District of Columbia court may exercise personal jurisdiction over a person, who acts directly or by an agent, as to a claim for relief arising from the person's— "(1) transacting any business in the District of Columbia; "(2) contracting to supply services in the District of Columbia; "(3) causing tortious injury in the District of Columbia by an act or omission in the District of Columbia; "(4) causing tortious injury in the District of Columbia by an act or omission outside the District of Columbia if he regularly does or solicits business, engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed, or services rendered, in the District of Columbia; "(5) having an interest in, using, or possessing real property in the District of Columbia; or " (6) contracting to insure or act as surety for or on any person, property, or risk, contract, obligation, or agreement located, executed, or to be performed within the District of Columbia at the time of contracting, unless the parties otherwise provide in writing. " (b) When jurisdiction over a person is based solely upon this section, only a claim for relief arising from acts enumerated in this section may be asserted against him. "§ 13-424. Service outside the District of Columbia "When the exercise of personal jurisdiction is authorized by this subchapter, service may be made outside the District of Columbia. "§ 13-425. Inconvenient forum "When any District of Columbia court finds that in the interest of substantial justice the action should be heard in another forum, the court may stay or dismiss such civil action in whole or in part on any conditions that may be just. "SUBCHAPTER III.—SERVICE OUTSIDE THE DISTRICT OF COLUMBIA "§ 13-431. Manner and proof of service "(a) When the law of the District of Columbia authorizes service outside the District of Columbia, the service, when reasonably calculated to give actual notice, may be made—
 * ^§ 13-423. Personal jurisdiction based upon conduct

549

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Page:United States Statutes at Large Volume 84 Part 1.djvu/608

 550

77 Stat. 511.

PUBLIC LAW 91-358-JULY 29, 1970

"(1) by personal delivery in the manner prescribed for service within the District of Columbia; " (2) in the manner prescribed by the law of the place in which the service is made for service in that place in an action in any of its courts of general jurisdiction; "(3) by any form of mail addressed to the person to be served and requiring a signed receipt; or "(4) as directed by the foreign authority in response to a letter rogatory. " (b) Proof of service outside the District of Columbia may be made by affidavit of the individual who made the service or in the manner prescribed by the law of the District of Columbia, the order pursuant to which the service is made, or the law of the place in which the service is made for proof of service in an action in any of its courts of general jurisdiction. When service is made by mail, proof of service shall include a receipt signed by the addressee or other evidence of personal delivery to the addressee satisfactory to the court. "§ 13-432. Individuals eligible to make service "Service outside the District of Columbia may be made by an individual who is permitted to make service of process under the law of the District of Columbia or under the law of the place in which the service is made or who is designated by a District of Columbia court. "§ 13-433. Individuals to be served; special cases "When the law of the District of Columbia requires that' in order to effect service one or more designated individuals be served, service outside the District of Columbia under this article must be made upon such designated individual or individuals. "§ 13-434. Assistance to tribunals and litigants outside the District of Columbia " (a) A District of Columbia court may order service upon any person who is domiciled or can be found within the District of Columbia of any document issued in connection with a proceeding in a tribunal outside the District of Columbia. The order may be made upon application of any interested person or in response to a letter rogatory issued by a tribunal outside the District of Columbia and shall direct the manner of service. "(b) Service in connection with a proceeding in a tribunal outside the District of Columbia may be made within the District of Columbia without an order of court. "(c) Service under this section does not, of itself, require the recognition or enforcement of an order, judgment, or decree rendered outside the District of Columbia." (b) The analysis of title 13 is amended by inserting after the item relating to chapter 3 the following new item: "4. Civil Jurisdiction and Service Outside the District of Columbia COMPETENCY

77 Stat. 519.

[84 STAT.

OE

13--i01".

WITNESSES

Sec. 133. (a) Section 14-305 of title 14 of the District of Columbia Code is amended to read as follows: "§ 14-305. Competency of witnesses; impeachment by evidence of conviction of crime " (a) No person is incompetent to testify, in either civil or criminal proceedings, by reason of his having been convicted of a criminal offense.

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Page:United States Statutes at Large Volume 84 Part 1.djvu/609

 84 STAT. ]

PUBLIC LAW 91-358-JULY 29, 1970

"(b)(1) Except as provided in paragraph (2), for the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a criminal offense shall be admitted if offered, either upon the cross-examination of the witness or by evidence aliunde, but only if the criminal offense (A) was punishable by death or imprisonment in excess of one year under the law under which he was convicted, or (B) involved dishonesty or false statement (regardless of punishment). A party establishing conviction by means of crossexamination shall not be bound by the witness' answers as to matters relating to the conviction. "(2)(A) Evidence of a conviction of a witness is inadmissible under this section if— " (i) the conviction has been the subject of a pardon, annulment, or other equivalent procedure granted or issued on the basis of innocence, or "(ii) the conviction has been the subject of a certificate of rehabilitation or its equivalent and such witness has not been convicted of a subsequent criminal offense. " (B) I n addition, no evidence of any conviction of a witness is admissible under this section if a period of more than ten years has elapsed since the later of (i) the date of the release of the witness from confinement imposed for his most recent conviction of any criminal offense, or (ii) the expiration of the period of his parole, probation, or sentence granted or imposed with respect to his most recent conviction of any criminal offense. "(c) For purposes of this section, to prove conviction of crime it is not necessary to produce the whole record of the proceedings containing the conviction, but the certificate, under seal, of the clerk of the court wherein the proceedings were had, stating the fact of the conviction and for what cause, shall be sufficient. " (d) The pendency of an appeal from a conviction does not render evidence of that conviction inadmissible under this section. Evidence of the pendency of such an appeal is admissible." (b) The item relating to section 14-305 in the analysis of chapter 3 of such title 14 is amended to read as follows:

551

^^ ^*^*' ^is.

"14-305. Competency of witnesses; impeachment by evidence of conviction of crime." PARTD—CONFORMING AMENDMENTS

Subpart 1—Amendments to District of Columbia Code AMENDMENTS TO TITUJ 12

SEC. 141. Title 12 of the District of Columbia Code is amended as J^V^'n" i^'Vo. follows: 101. (1) Section 12-102 is amended to read as follows: "§ 12-102. Substitution of parties "The substitution of parties in civil actions in the United States District Court for the District of Columbia and the Superior Court of the District of Columbia is governed by the Federal Rules of Civil Procedure." 28 USC app. (2) Section 12-309 is amended by striking out "Board of Commissioners" and inserting in lieu thereof "Commissioner".

47-348 O - 72 - 39 (Pt. 1)

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 552

PUBLIC LAW 91-358-JULY 29, 1970 AMENDMENTS TO TITLE

77 Stat. 511. D.^c.^ c^ode 13-ioi.

^«p«^^*

13

SEC. 142. Title 13 of the District of Columbia Code is amended as follows: (1)(A) Chapter 1 is repealed. (B) The analysis of title 13 is amended by striking out the item relating to chapter 1. (2) Section 13-301 is amended to read as follows: "§13-301. Courts to which applicable "Except as otherwise specifically provided by law or rules of court, this chapter applies to the District of Columbia courts." (3) Section 13-302 is amended by striking out ", and the District of Columbia Court of General Sessions, including the Domestic Relations Branch thereof" and inserting in lieu thereof "and the Superior Court of the District of Columbia". (4) Section 13-331(1) is amended by inserting "chapter 4 of this title or," after "including". (5)(A) Chapter 7 is repealed. (B) The analysis of title 13 is amended by striking out the item relating to chapter 7. AMENDMENTS

D^c.'code V4101! '

[84 STAT.

TO TITLE

14

SEC. 143. Title 14 of the District of Columbia Code is amended as follows: (1) Section 14-103 is amended by striking out the period at the end thereof and inserting in lieu thereof ", or by leave of a judge of the Superior Court of the District of Columbia in the manner prescribed by the rules of that court." (2)(A) Section 14-104 is amended— (i) by striking out "Court of General Sessions" in the section heading and inserting in lieu thereof "Superior Court"; (ii) by striking out "District of Columbia Court of General Sessions" and inserting in lieu thereof "Superior Court of the District of Columbia"; and (iii) by striking out all after the first sentence and inserting in lieu thereof "The testimony shall be taken as provided in the rules of the Superior Court." (B) The item relating to section 14—104 in the analysis of chapter 1 is amended by striking out "Court of General Sessions" and inserting in lieu thereof "Superior Court". (3) Section 14-307 is amended— (A) by striking out "courts of the District of Columbia" in subsection (a) and inserting in lieu thereof "Federal courts in the District of Columbia and District of Columbia courts"; (B) by inserting "or where the court is required under prevailing law to raise the defense sua sponte" immediately after "where the accused raises the defense of insanity" in subsection (b)(2); and (C) by striking out "or" at the end of paragraph (1) of subsection (b), by striking out the period at the end of paragraph (2) of such subsection and inserting in lieu thereof "; or", and by adding after paragraph (2) the following new paragraph: "(3) evidence relating to the mental competency or sanity of a child alleged to be delinquent, neglected, or in need of supervision in any proceeding oefore the Family Division of the Superior Court."

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Page:United States Statutes at Large Volume 84 Part 1.djvu/611

 84 STAT. ]

PUBLIC LAW 91-358-JULY 29, 1970

553

(4) Section 14-309 is amended by striking out "courts of the Dis- D!c.'?ode^'iV trict of Columbia'' and inserting in lieu thereof "Federal courts in the 309*. District of Columbia and District of Columbia courts". (5) Section 14-503 is amended by striking out "the United States District Court for the District of Columbia, or by the former orphans' court of the District" and inserting in lieu thereof "a court in the District of Columbia". (6) Section 14-505 is amended by striking out "by the secretary or an assistant secretary of the Board of Commissioners" and substituting in lieu thereof "as provided by the Commissioner". AMENDMENTS TO TITLE 1 5

SPX'. 144. Title 15 of the District of Columbia Code is amended as o^c^.'^ode^^* follows: 15-ioi. (1) Paragraph (2) of section 15-101 (a) is amended to read as 82 Stat. 42. follows: " (2) Superior Court of the District of Columbia,". (2) Section 15-102 is amended by striking out "District of Columbia Court of General Sessions" wherever it appears and inserting in lieu thereof "Superior Court of the District of Columbia". (3) Sections 15-108 and 15-111 are each amended by inserting "or ^^^ ^*^*' ^'77' the Superior Court of the District of Columbia" after "District of Columbia". Repeal. (4)(A) Subchapter II of chapter 1 is repealed, 77 Stat.;i24. (B) Chapter 1 is amended by striking out the heading " S U B - D.C. code i'sC H A P T E R I.—GENERALLY". ^^i to 15-133. ((') The analysis of chapter 1 is amended by striking out the heading "SUBCHAPTER I.—(JENERALLY" and by striking out the matter re-

lating to subchapter II. (5) Section 15-307 is amended by inserting "or the Superior Court of the District of Columbia" after "United States District Court for the District of Columbia". (6)(A) Section 15-310 is repealed. ^^'"'^^' (B) Section 15-301 is amended by striking out "15-310,". (C) The analysis for chapter 3 is amended by striking out the item relatiiiij to section 15-310. (7) Sections 15-311,15-318, and 15-320 are each amended by strik- ^^^l,f,^^l}^^j ing out "District of Columbia Court of General Sessions" and inserting in lieu thereof "Superior Court of the District of Columbia". (8)(A) Subchapter II of chapter 5 is amended— 52K'=' ""^"^ ' ^ (i) by striking out "District of Columbia Court of General Sessions" in sections 15-521 and 15-522 and inserting in lieu thereof "Superior C^ourt of the District of Columbia"; and (ii) by striking out in the subchapter heading "COURT OF GENERAL SESSIONS" and inserting in lieu thereof "SUPERIOR COURT". (B) The analysis of chapter 5 is amended by striking out in the heading relating to subchapter II "COURT or GENERAL SESSIONS" and inserting in lieu thereof "SUPERIOR COLTRT". (9) Section 15-706 (a) is amended— (A) by striking out paragraph (14), (B) by inserting "and" at the end of paragraph (13), and (C) by redesignating paragraph (15) as paragraph (14). (10)(A) Section 15-707 is amended to read as follows: "§ 15-707. Probate fees " (a) Except as provided in subsection (b), the Register of Wills may demand and receive in advance for services performed by him such fees as shall be set by the Superior Court.

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Page:Folk-lore - A Quarterly Review. Volume 7, 1896.djvu/294

 EXECUTED CRIMINALS AND FOLK-MEDICINE.

BY MABEL PEACOCK.

In Mr. W. Wollaston Groome's article on Suffolk Leech-craft, published in Folk-Lore, June, 1895, he tells his readers that wens or fleshy excrescences are treated by passing the hand of a dead man over the part affected, on three successive days. To work a perfect cure, the invalid ought to visit the corpse unaccompanied, and place one of its lifeless hands on the morbid growth.

Further northward, in Lincolnshire, two similar ideas are to be met with among the remedies unrecognised by medical science. A piece of the rope with which a criminal has been hanged is good against epilepsy. And wens and goitrous swellings may be cured by passing a dead man's hand seven times, or nine times, across them; the dead man being, if possible, an evil-doer who has suffered death at the hands of justice, or a person who has died by drowning.

The Stamford Mercury, March 26, 1830, p. 3, recounts that the execution of three men at Lincoln, who had been condemned at the late assizes, drew an immense concourse of people, and that two women came forward to rub the dead men's hands over some wens or diseased parts of their bodies, one of them bringing a child with her for the same purpose. The Sporting Magazine, vol. i., p. 295 (1793), also bears testimony with regard to a similar scene which happened at Newgate when a man named Hubbard was one of the delinquents who suffered. After the bodies were suspended, a child was brought beneath the gallows, to which the convulsed hand of Hubbard was applied, under the idea of its curing a wen. "On execution days at Northampton," says a correspondent of Notes and Queries, writing in


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Page:United States Statutes at Large Volume 84 Part 1.djvu/612

 554

77 Stat. 531. 77 Stat. 535.

PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

"(b) Where the estate does not exceed two hundred dollars in value the Register of Wills shall receive no fees, and where the estate does not exceed five hundred dollars in value the fees may not exceed ten dollars." (g) The item relating to section 15-707 in the analysis of chapter 7 is amended by striking out "Court". ^^^ ^^^ Section 15-708 is amended by striking out "the probate court" in the first sentence and inserting in lieu thereof "probate", and by striking out "court" in the section heading. (B) The item relating to section 15-708 in the analysis of chapter 7 is amended by striking out "court". (12)(A) Section 15-709 is amended— (i) by striking out "District of Columbia Court of General Sessions" and inserting in lieu thereof "Superior Court of the District of Columbia", (ii) by striking out "the Court of General Sessions" and inserting in lieu thereof "the Superior Court", (iii) by amending subsection (b) to read as follows: "(b) Fees for services by the United States marshals for processes issued by the Superior Court shall be prescribed by rules of that court."; and (iv) by amending the section heading to read as follows: "§ 15-709. Fees and costs in Superior Court (B) The item relating to section 15-709 in the analysis of chapter 7 is amended to read as follows: "15-709. Fees and costs in Superior Court."

^*p*^^*

81 Stat. 742.

^^P""^' 80 Stat. 265.

(13) Section 15-710 is repealed and the item relating to that section in the analysis of chapter 7 is repealed. (14)(A) Sections 15-711,15-712, and 15-713 are each amended by striking out "District of Columbia Court of General Sessions" and inserting in lieu thereof "Superior Court of the District of Columbia". (B) The section heading for each of those sections and the items relating to those sections in the analysis of chapter 7 are each amended by striking out "Court of General Sessions" and inserting in lieu thereof "Superior Court". (15)(A) Section 15-714 is amended— (i) by striking out "District of Columbia Court of General Sessions" in subsections (a) and (b) and inserting in lieu thereof "Superior Court of the District of Columbia"; (ii) by adding after subsection (b) the following new subsection: "(c) No travel allowance shall be paid to any witness residing within the District of Columbia."; and (iii) by striking out "Court of General Sessions" in the section heading and inserting in lieu thereof "Superior Court". (B) The item relating to section 15-714 in the analysis of chapter 7 is amended by striking out "Court of General Sessions" and inserting in lieu thereof "Superior Court". (16) Section 15-716 is repealed and the item relating to that section in the analysis of chapter 7 is repealed. (17) Section 15-717 is amended hj striking out "District of Columbia Court of General Sessions" and inserting in lieu thereof "Superior Court of the District of Columbia".

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