Regulation No. 71-29September 18, 1971Enactment Date

Spgulatiottof

itatritt nf (Unltmtbia

TITLE REGULATION PRESCRIBING GUIDELINES FOR CARE AND PROTECTION OFDEPENDENT CHILDREN

1

2

34567

89

1011

12131415161718192021222324

Presents the following regulation:

WHEREAS, pursuant to paragraph 81, Section 402, Reorganization Plan No. 3of 1967, the function of rule-making regarding admissions of persons to institutionsunder D.C. Code Section 3-108, was transferred to the District of Columbia Council;and

WHEREAS, pursuant to paragraph 82, Section 402, Reorganization Plan No. 3of 1967, the function of rule-making in regard to receiving and providing temporarycare for children under D.C. Code Section 3-116 was transferred to the District ofColumbia Council; and

WHEREAS, pursuant to paragraphs 83 and 84, Section 402, Reorganization PlanNo. 3 of 1967, the District of Columbia Council is authorized to establish rulesand regulations to implement the provisions of the District of Columbia PublicAssistance Act of 1962 (Section 3-202(b)(2)) and to approve regulations determiningthe amount of public assistance any person may receive; and

WHEREAS, Section 408 of the Social Security Act as amended, 42 U.S.C. 608,provides for Federal payments for foster home care of dependent children under theconditions specified therein; and

WHEREAS, Reorganization Plan No. 3 of 1967 transferred to the District ofColumbia Council the function of making rules and regulations to protect the health,safety, and welfare of the public and the Council finds that unnecessary institution-alization is injurious to the welfare and development of children.

RECORD OF COUNCIL VOTECOUNCILMAN AYE NAY N.V. A.B. R.A. COUNCILMAN AYE NAY N.V. A.B. R.A. COUNCILMAN AYE NAY N.V. A.B. R.A.

HAHN X HAYWOOD X VEAZEY XTUCKER X MOORE X WILLARD XANDERSON X ROBINSON X YELDELL X

X--Indicates Volte A. B.Absent N. V. Not VoHng R. A.Readopted

Submitted on first reading at a meeting of the District of Columbia City Council onAdopted on second and final readingPresented to the Mayor-Commissioner

Date Secretary of tiae City Council

ApprovedMayor-Commissioner

Enacted W/0 signature of the Mayor according to ten day limitation rule:

T^;cor.r>rr>vprl and returned to the Citv Council

Date

September 18, 1971Date

REGULATION 71-29_

NOW, THEREFORE, BE HENACTED by the District of Columbia Councilthat:

1. Definitions. As used herein the following terms shall have thefollowing meanings:

a "Child" shall mean any child who comes within the purview of theDepartment of Human Resources either because such child is neglected asdefined in 16-2301(8) D. C. Code a971 Supp.) or whose custody has beenvoluntarily surrendered by the parent or guardian to the Departmen .

b. "Council" shall mean District of Columbia City Council.c. "Crisis facility" shall mean any community-based residential

type housing for dependent and neglected children.d "Department" shall mean the Department of Human Resources

of any of its divisions or agencies or successors thereto.e. "Director" shall mean the Director of the Department of Human

Resources.

f "Private institution" shall mean any privately owned or operatedinstitutio'n that provides care and maintenance for neglected and/or dependentchildren on a contractual basis with the Depar me

g "Public institution" shall mean Junior Village or any successorinstitution designed and used for such purpose.

section 2. No child six (6) V^ars of m'Jdic'alDepartment to any or other medical facility for such treatment:treatment may be assigned to a h^^p construed to include emotional disordersprovided that medical treatment thereof, the Department shall develop anof less than an acute nature. In v,iiH-rarp 'so as to eliminate the necessityoverall plan of child care and emergency c other than for medical reasons,for a public institution for the care of such children ^ than 15Further provided that no child shall remain in any crisis facility for gdays.

1 sections. By four months ^fW>^effective date ofchild six (6) years of age or younger shall be main ai

I public institution except for medical treatment.1 Section 4. Within eight months after "^J'Jg/tTan^ public ^institution5 the Department shall not assign any child regardless of age to ^ ^ ^6 except that any such child who requires medical treatment may7 SpSal or other medical facility for such treatment Zt dtrecl8 rehabilitative institution as a court of competent juris ic ion0 section 5. Not later thanApril 1, 1972, 'ad'lterorpre^-1 I.nlement a plan which ensures that no child, regardless of age, admitted or pres2 tlv raTntalned in apublic institution for other than medical or correctional rea-3 ns remains in such institution after September 1, 1973. The Department shall3 sons Council's Education and Youth Affairs Committee for approv-5 afon orbSore February 1, 1972. Such approval shall be made on or before March 1,

1972.

is Section 6 The Council's Education and Youth Affairs Committee and the, . ctf thp pffprtive date of thi?; regulation will report to the

To r::S[thiTres'peoUve recommendations as to prohibiting the assignment of any,,

1234567

8

9101112131415161718192021222324252627282930313233343536373839404142434445464748495051525354555657585960

IkTl M. -.jlil Iti

REGULATION 71-29

__3_of-3__

child to aprivate institution or certain private institutions except for medicaltreatment.

Section 7. This regulation shall take effect 60 days after enactment.

THE DISTRICT OF COLUMBIA

WASHINGTON, B.C. 20004

WALTER E.WASHINGTONCommissioner

GRAHAM W. WATT ci u. -iAu.nttotheComm.s.ion.r September 17, 1971

" "[

The Honorable Gilbert Hahn, Jr.ChairmanDistrict of Columbia CouncilDistrict BuildingWashington, D. C. 20004

y* -i; - " o: ,Dear Mr. Hahn:

The Council recently submitted to me a proposedregulation prescribing guidelines for the care and protectionof dependent children.

I strongly approve the.laudable purpose behind theCouncil's actionto insure that innocent children who,throughcircumstances beyond their control become wards ofthe city,-are given the best possible care. The Council'saction, however, contains a number of glaring deficiencies.It imposes a rigid timetable for phasing out Junior Villagewithout providing the resources to accomplish this objective.It ignores the fact that the number of children cared for bythe city can fluctuate widely depending on many circumstances,such as (1) 'the number of children processed, through thecourts;- (2) social conditions beyond the control of theDepartment of Human:Resources, including, to name a few,inadequate hous.ing/ unemployment, family disintegration, andmental illness; (3) drug addiction; and (4) alcoholism.Finally, the measure carries with it no assurance that theproposed substitute facilities will meet future needs whichmay be vastly di"fferent from our needs today.

We all agree that the care that loving foster parentscan,provide a child is to be preferred to institutional carefor homeless children. I think.we also agree that we do notwant to push aside or ignore the needs of those children who,for one reason or another, cannot be placed in a suitable

.J.1,.

foster home. Yet, by closing Junior Village before providingthe needed special facilities, we would be doing just that.

I am advised that under the provisions of ReorganizationPlan No. 3 of 1967, the responsibility to provide for thecare of wards of the city was not vested in the Council. (Seeattachment.) Accordingly, the manner of caring for suchchildren cannot be the subject matter of Council regulation.While, therefore, I cannot approve the Council's action assuch, I strongly support its objectives.

I am instructing the Department of Human Resources todo its best to carry out the spirit and intent of the Council'sproposal with which I am in accord and to do so as speedilyas possible. The timetable proposed by the Council willremain our goal, but we will not meet it at the expense ofchildren to whom we owe the ultimate responsibility.

I am also instructing the Office of Budget and ProgramAnalysis, in consultation with the Department of HumanResources, to draw up for submission back to the Council,and ultimately to the Congress, appropriate budget provisionsto carry out the objectives of this measure.

Central to my position is concern for the childreninvolved. This does not suggest that the Council lacks suchconcern. Although it would appear that the Council is settinga timetable to deal with the problem, in fact, the Councilenactment begs the issue by not facing the difficult decisionswhich must be made if we are to provide appropriate individualized care for our children. I do not believe this communityis prepared to accept such a result.

Although I am advised that such action is beyond theauthority of the Council, my action will hopefully permit theCouncil and the Executive Office to continue to work togetherfor a mutual goal in the interest of the children of ourcommunity.

Attachment

Sincerely yours.

Walter E. Washing^!Mayor / J

- 2 -

m

^C.-44^lay 1967

. ."i - WV-tl-' --.A

Memorandum Government of the District of Columbia

FROM:

WALTER E. WASHINGTONMayor-Commi s s i one r

C. FRANCIS MURPHY^^2

/:/'

/i'il/j '

f//

-

X'_ iS&jasLL.

Second, the function of providing cafe for dependent childrenunder the direct administrative supervision of an agency of therov^i-rnment of the District of Columbia was initially authorized bythe Act approved July 26, 1892 (27 Stat. 268). That Act created aBoard of Children's Guardians in the District of Columbia and,inter alia, made it responsible xander section 4 thereof (D. C.Code " sec."' 3-116) , for the care and supervision of the followingclasses of children:

"Second. All children who are destitute ofsuitable homes and adequate means of earningan honest living, all children abandoned bytheir parents or guardians, all children ofhabitually drunken or vicious or unfit parents,all children habitually begging on the streetsor from door to door, all children kept invicious or immoral associations. . ."

"Fourth. Under the rules to be established bythe Board children may be received and temporarily cared for pending investigation or judgment of the court."

The Act of March 16, 1926 (44 Stat. 208) created in theDistrict of Columbia Government a Board of Public Welfare. Amongother things, the Act abolished the Board of Children's Guardiansand vested the powers and duties imposed by law upon such Board inthe newly-established Board of Public Welfare. Under subsection(a) of section 11 of such Act (sec. 3-114, D. C. Code), the Boardwas specifically authorized to "make temporary provision for thecare of children pending investigation of their status".

Under section 1 of the "Act to Give Additional Powers to theBoard of Public Welfare", approved January 12, 1942 (55 Stat. 882;sec. 3-126, D. C. Code), the Board was vested in part with thefollowing duties and responsibilities:

- 2 -

"(1) To investigate the circumstancesaffecting children handicapped by dependency,neglect or mental defect, or who may be indanger of becoming delinquent, and to providesuch services for the protection and care ofsuch children as will assist in conservingsatisfactory home life;

"(4) To make suitable provision for thereception and care of children in need of detention pending court action, or who are temporarily detained under court order, or who aretemporarily homeless;".

All fxanctions imposed by law upon the Board of Children'sGuardians and the Board of Public Welfare, including the furnishing of temporary care and services to children, were, pursuant tothe provisions of Reorganization Plan No. 5 of 1952, transferredto the Board of Commissioners. The Commissioners, in 1953, established a Department of Public Welfare and delegated to suchDepartment the responsibilities and duties vested by statute inthe abolished Board of P\iblic Welfare. Pursuant to section 401 ofReorganization Plan No. 3 of 1967, all fionctions relating to thecare of dependent and neglected children formerly exercised by theBoard of Commissioners were, except as to those set forth underparagraphs 81 and 82 of section 402, transferred to the Commissioner,Siibsequently, the Commissioner delegated the performance of hisfunctions in these areas to the Director of the Department of HumanResources.

In order to carry out such statutory powers and duties, theDepartment undertakes to investigate all circumstances surroxmdingthe alleged neglect, dependency, or delinquency of children basedupon applications and complaints brought to its attention by theJuvenile Court, the Metropolitan Police Department, private socialorganizations, and private individuals, makes suitable provisionfor the reception and care of children who are temporarily homeless.

- 3 -

/* " * P- .S-

4-=,ins an institution known as Junior Villageand operates and ^^re, and training for dependentSd^Sgielt^rlSrtSen assigned thereto.

^=-t-iitorv authorization for the providing of tem-.Additional staru f^^nd in pertinent parts of sections

porary oare to cnii relating to places of16-2313 and 16 ^he disposition of neglected children,detention of the Code provides in part as follows:section 16-231JV'^/

"(a) A child who is alleged to belected [as such term is defined by D. C.

sec. 16-2301] and who is in custody maybe placed*at any time prior to disposition,only in

(1) a foster home;(2) a group home, youth shelter, or

other appropriate home for nondelinquentchildren; or .

(3) another facility for sheltercare designated by the [Family] Division [ofthe Superior Court of the District ofColumbia], including an appropriate facilityoperated by the District of Coliimbia. . ."

Additionally, I point out that the Commissioner, pursuant toReorganization Plan No. 3 of 1967, is vested with the full andexclusive power, as exercised by the former Board of PublicWelfare under section 5 of the Act approved July 26, 1892 (D. C.Code, sec. 3-117), to accept for care, custody, and guardianshipdependent or neglected children whose custody or parental controlhas been transferred to him, and to provide for the care and support of such children during their minority or term of commitment,and to place them in private families or in institutions, and,pursuant to section 3 of the 1892 Act (D. C. Code, sec. 3-115) toconclude arrangements with persons or institutions for the care ofdependent children at such rates as may be agreed upon.

- 4 -

foreaoing recitations of statutory duties andis, in my opinion, sufficient to indicate thatresponsiOixi 71-29 insofar as it purports to direct the dis-

Regulation * ^^ted children cannot be supported lander the?Y^ri2^a,ithoritY conferred upon the Coiancil by Reorganizationlino.tea a 1957. Accordingly, the regulation is of no force

not be enforced.

- 5 -