District of Columbia APS


1	State	2015 Statute Number	2015 Statute Language
2	District of Columbia	D.C. Code § 7-1901 Definitions.	When used in this chapter, the following terms shall have the meanings ascribed by this section: (1)(A) "Abuse" means: (i) The intentional or reckless infliction of serious physical pain or injury; (ii) The use or threatened use of violence to force participation in "sexual conduct," defined in § 22-3101(5); (iii) The repeated, intentional imposition of unreasonable confinement or threats to impose unreasonable confinement, resulting in severe mental distress; (iv) The repeated use of threats or violence, resulting in shock or an intense, expressed fear for one's life or of serious physical injury; or (v) The intentional or deliberately indifferent deprivation of essential food, shelter, or health care in violation of a caregiver's responsibilities, when that deprivation constitutes a serious threat to one's life or physical health. (B) An adult shall not be considered abused under this chapter for the sole reason that he or she seeks, or his or her caregiver provides or permits to be provided, with the express consent or in accordance with the practice of the adult, treatment by spiritual means through prayer alone in accordance with a religious method of healing, in lieu of medical treatment. (1A) "Adult" means an individual 18 years of age or older. (2)(A) "Adult in need of protective services" means an individual 18 years of age or older who: (i) Is highly vulnerable to abuse, neglect, self-neglect, or exploitation because of a physical or mental impairment, self-neglect, or incapacity; (ii) Has recently been or is being abused, neglected, or exploited by another or meets the criteria for self-neglect; and (iii) Has no one willing and able to provide adequate protection. (B) An adult shall not be considered in need of protective services under this chapter for the sole reason that he or she seeks, or his or her caregiver provides or permits to be provided, with the express consent or in accordance with the practice of the adult, treatment by spiritual means through prayer alone in accordance with a religious method of healing, in lieu of medical treatment. (3) "Adult protective services worker" (APS worker) means an employee of the District or a private social services agency under contract with the District who conducts investigations or provides protective services under this chapter. (4) "Caregiver" means a person that, by law, contract, court order, or voluntary action, is charged with or has assumed the responsibility for an adult's essential food, shelter, or health-care needs. (5) "Court" means the Superior Court of the District of Columbia. (6) "Department" means the District of Columbia Department of Human Services. (7) "District" means the District of Columbia. (8) "Exploitation" means the unlawful appropriation or use of another's "property," defined in § 22-3201, for one's own benefit or that of a 3rd person. (8A) "Incapacity" means the state of being an incapacitated individual as defined by § 21-2011(11). (9)(A) "Neglect" means: (i) The repeated, careless infliction of serious physical pain or injury; (ii) The repeated failure of a caregiver to take reasonable steps, within the purview of his or her responsibilities, to protect against acts of abuse described in paragraph (1)(B) of this section; (iii) The repeated, careless imposition of unreasonable confinement, resulting in severe mental distress; or (iv) The careless deprivation of essential food, shelter, or health care in violation of a caregiver's responsibilities, when that deprivation constitutes a serious threat to one's life or physical health. (B) An adult shall not be considered neglected under this chapter for the sole reason that he or she seeks, or his or her caregiver provides or permits to be provided, with the express consent or in accordance with the practice of the adult, treatment by spiritual means through prayer alone in accordance with a religious method of healing, in lieu of medical treatment. (10) "Person" means an individual, facility, agency, corporation, partnership, the District government, or any other organizational entity. (11) "Police" means the Metropolitan Police Department of the District of Columbia. (12) "Protective services" means those services or provisions reasonably calculated to remedy or substantially reduce the likelihood of abuse, neglect, or exploitation by another, or self-neglect, including, but not limited to: Food, heat, shelter, clothing, health care, home care, counseling, legal assistance, and social casework. (13)(A) "Self-neglect" means the failure of an adult, due to physical or mental impairments or incapacity, to perform essential self-care tasks, including: (i) Providing essential food, clothing, shelter, or medical care; (ii) Obtaining goods or services necessary to maintain physical health, mental health, emotional well-being, and general safety; or (iii) Managing his or her financial affairs. (B) An adult shall not be considered to be committing self-neglect under this chapter for the sole reason that he or she seeks treatment by spiritual means through prayer alone in accordance with a religious method of healing, in lieu of medical treatment.
3		D.C. Code § 7-1903 Reporting requirements.	(a)(1) Except as provided in subsection (b) of this section, whenever a conservator, court-appointed mental retardation advocate, guardian, health-care administrator, licensed health professional, police officer, humane officer of any agency charged with the enforcement of animal cruelty laws, bank manager, financial manager, or social worker has as a result of his or her appointment, employment, or practice substantial cause to believe that an adult is in need of protective services because of abuse, neglect, or exploitation by another, he or she shall immediately report this belief in accordance with subsection (c) of this section. (2) Any person may voluntarily report an alleged case of abuse, neglect, self-neglect, or exploitation when he or she has reason to believe that an adult is in need of protective services. Voluntary reporting shall also be effected in accordance with subsection (c) of this section. (b) The duty to report established by subsection (a)(1) of this section shall not apply to a social worker or licensed health professional who has as a client or patient, or is employed by a lawyer representing, a third person who is allegedly responsible for the abuse or neglect. (c) A report made pursuant to this section may be either oral or written and shall be transmitted to the division within the Department designated by the Mayor to receive these reports. Each report shall include, if known: The name, age, physical description, and location of the adult alleged to be in need of protective services; the name and location of the person(s) allegedly responsible for the abuse, neglect, or exploitation; the nature and extent of the abuse, neglect, self-neglect, or exploitation; the basis of the reporter's knowledge; and any other information the reporter believes might be helpful to an investigation. A reporter may be required to identify himself or herself only when obliged to report under subsection (a)(1) of this section. (d)(1) The Department shall maintain a record of all reports received and be capable of receiving reports 24 hours a day, 7 days a week (including holidays). Except as provided in paragraph (4) of this subsection, the Department may release reports and investigative information acquired pursuant to this chapter only: (A) To another public or private agency, or to the court-appointed representative of an adult in need of protective services, only to the minimal extent required to conduct an investigation, provide services under this chapter, or petition the court for appointment of a guardian of the person or conservatorship of the estate of the person (or a limited guardianship or conservatorship) under Chapter 20 of Title 21; (B) To the Attorney General for the District of Columbia or United States Attorney if requested for an investigation, prosecution, or civil or administrative enforcement action; (B-1) To the Metropolitan Police Department; or (C) If directed by court order. (2) A recipient of a report or investigative information released pursuant to paragraph (1) of this subsection shall be subject to the same restrictions on disclosure applicable to the Department under that paragraph. (3) Any person possessing a report or investigative information acquired pursuant to this chapter shall take reasonable steps to prevent the disclosure of information that might reveal the reporter's identity to the person(s) allegedly responsible for the abuse, neglect, or exploitation. (4) The Department may release statistics and other data acquired pursuant to this chapter for research, reporting, or educational purposes provided all identifying references to individuals are deleted. (d-1) The Department may provide outreach and training on the requirements of this section to members of the public and to appropriate governmental personnel, including law enforcement officers, social services personnel, judicial officers, guardians and conservators for incapacitated adults, and others as may be determined by the Mayor. (e) The Mayor shall widely publicize the phone number and mailing address of the division within the Department designated to receive reports under this section, and may conduct educational programs for those persons required to report under subsection (a)(1) of this section.
4		D.C. Code § 7-1904 Investigations.	(a)(1) In accordance with this section and the rules to be issued by the Mayor pursuant to § 7-1909, the Department shall, except as provided in paragraph (2) of this subsection, either investigate each report received or refer a report for investigation to another public or private agency designated by the Mayor. (2) The Department shall not be required to investigate a report that: (A) Fails to allege facts that, if proved, would be sufficient to support the conclusion that the alleged victim is an "adult in need of protective services" as that term is defined in § 7-1901(2); or (B) Is substantively repetitive of a previously reported incidence of abuse, neglect, or exploitation. (3) If a report alleges the existence of an immediate, substantial risk of life-threatening harm to an adult in need of protective services, the Department shall immediately notify the police, who shall conduct a prompt investigation to determine the need for police intervention. In addition, within 24 hours of the Department's receiving such a report, an APS worker shall commence an investigation to determine the need for protective services. These 2 investigations may be conducted either jointly or separately. (4) For reports that allege an adult is in need of protective services but do not allege the existence of an immediate, substantial risk of life-threatening harm, an APS worker shall commence an investigation to determine the need for protective services within 10 days (excluding Saturdays, Sundays, and legal holidays) of the Department's receiving the report. (5) In accordance with procedures to be established under § 7-1909(1), the Mayor shall ensure that, when appropriate, an APS worker is accompanied by a police officer while conducting an initial or follow-up investigation. (b) Before entering a residence or otherwise approaching an adult who is allegedly in need of protective services, an APS worker conducting an investigation under this section shall first announce his or her purpose and, if accompanied by a police officer, the presence of that officer, and then secure the consents of the adult allegedly in need of protective services and any other adult who is present and appears to have a reasonable expectation of privacy in the residence or immediate premises. If the adult allegedly in need of protective services objects to the investigation and it does not manifestly appear to the APS worker that the objection is prompted by fear or intimidation instilled by another or that the adult is incapacitated, the investigation shall be terminated. If the objection manifestly appears prompted by fear or intimidation instilled by another, or if another person on the premises refuses to allow the investigation to take place, the Department may, either on its own behalf or, if the APS worker is employed by an agency other than the Department, on behalf of the other investigating agency, request the Attorney General to petition for an ex parte order pursuant to subsection (c) of this section. Where good cause exists to believe that a self-neglecting person is incapacitated, the APS worker, the Department, or the Attorney General may provide protective services pursuant to § 7-1905(c-1). (c) If requested by the Department, the Attorney General shall promptly conduct a factual inquiry and, if legally supportable, file a petition in court for an ex parte order enjoining persons other than the adult who is allegedly in need of protective services from directly or indirectly interfering with the investigation. The petition shall allege specific facts, supported by oath or affirmation, showing that: (1) There is probable cause to believe an adult located at a specified location is in need of protective services; and (2) An APS worker conducting an investigation was denied reasonable access to the adult by a 3rd person, or, if the adult objected to the investigation, there is probable cause to believe the objection was prompted by fear or intimidation instilled by another. (d) If the court finds that a proper showing has been made under subsection (c) (1) and (2) of this section, it shall enjoin the appropriate 3rd person(s) from interfering with an investigation under this section. The court may also order any other relief deemed necessary to facilitate an investigation, but in so doing it shall fully respect the right of an adult who is allegedly in need of protective services to freely object to and terminate that investigation. (e) The scope of an investigation under this section shall be only that which is minimally necessary for an APS worker to determine whether an adult is in need of protective services, and, if so, what protective services are needed to remedy or substantially reduce the likelihood of abuse, neglect, self-neglect, or exploitation by others.
5		D.C. Code § 7-1905 Provision of protective services.	(a)(1) The Department shall ensure that protective services are promptly provided if: (A) After an APS worker conducts an investigation under § 7-1904, the Department determines that an adult is in need of protective services due to abuse, neglect, or exploitation by a third party; (B) The adult in need of protective services, or a person authorized by law or court order to consent to the provision of protective services on behalf of the adult, affirmatively consents to the particular services offered; (C) Reasonable access is not denied by a 3rd person; and (D) The adult in need of protective services, if not indigent and exigent circumstances do not dictate otherwise, agrees to reimburse the District or make a reasonable contribution pursuant to the rules to be issued under § 7- 1909(3). (2) The Department's legal obligation to ensure the provision of protective services shall, except as provided in § 7-1912(c)(1), not exceed 90 days of services for each adult found to be in need of protective services. This 90- day limitation shall begin with the 1st day of services, apply to only those days on which services are actually provided, and include any days on which services are provided under a protection order issued pursuant to § 7-1906 or § 7-1907. The Department's decision to limit services in a particular case to fewer than 90 days, its determination as to the type or level of services provided, and allegations of noncompliance with this chapter are judicially reviewable only in accordance with § 7-1912(c)(1). (a-1) Subject to the availability of resources, the Department may provide protective services if: (1) After an APS worker conducts an investigation under § 7-1904, the Department determines that an adult is in need of protective services due to self-neglect; (2) The adult in need of protective services, or a person authorized by law or court order to consent to the provision of protective services on behalf of the adult, affirmatively consents to the particular services offered; (3) Reasonable access is not denied by a third person; and (4) The adult in need of protective services, if not indigent and exigent circumstances do not dictate otherwise, agrees to reimburse the District or make reasonable contribution pursuant to the rules issued under § 7-1909. (b) If an adult in need of protective services due to abuse, neglect, self-neglect, or exploitation objects to the provision of particular services and it does not manifestly appear to the APS worker that the adult is incapacitated or that the objection is prompted by fear or intimidation instilled by another, the adult shall be entitled to refuse those services and this right of refusal shall be fully respected. (c) In any case under this section involving abuse, neglect, or exploitation by a third party that does not meet the requirements of subsection (a)(1) of this section, the Department or other agency designated by the Mayor may provide protective services only after the Attorney General obtains a protection order pursuant to § 7-1906 or § 7-1907. (c-1) In any case under this section involving self-neglect, if an APS worker has good cause to believe that an adult is incapacitated, the APS worker, the Department, or the Attorney General may: (1) Petition the court for appointment of a guardianship of the adult or a conservatorship of the estate of the adult (or a limited guardianship or conservatorship) under Chapter 20 of Title 21; (2) Make referrals or provide information about the adult and the investigation to the appropriate public or private agencies, and monitor the results of any such referrals, as appropriate; (3) Provide protective services to the extent possible under the circumstances; or (4) Provide protective services when and if a person authorized by law or court order to consent to the provision of protective services on behalf of the adult, affirmatively consents to the particular services offered. (d) In accordance with procedures to be established under § 7-1909(1), the Mayor shall ensure that, when appropriate, an APS worker is accompanied by a police officer while providing protective services. (e) When determining the appropriateness of particular services, the Department or other designated agency shall first consider those protective services that encourage maximum self-determination and are least restrictive of personal liberty. (f) No provision of subsections (a-1) or (c-1) of this section shall be construed to create an entitlement (either direct or implied) on the part of any individual or family to any services under this chapter for an adult who meets the criteria for self-neglect or who is determined to be at risk due to self-neglect.
6		D.C. Code § 7-1906 Provisional protection order.	(a) If requested by the Department, either on its own behalf or on behalf of another public or private agency designated by the Mayor, the Attorney General shall promptly conduct a factual inquiry and, if legally supportable, file a petition in court for a provisional protection order. That petition shall state, insofar as the facts can be ascertained with reasonable diligence: (1) The name, age, physical description, and location of the adult determined by the Department to be in need of protective services; (2) Whether the adult and any other person(s) expected to be a party to the proceeding are indigent and therefore entitled to the appointment of counsel under subsection (b) of this section; (3) Facts to substantiate that the adult is in need of protective services; (4) The particular protective services or other relief sought to remedy or substantially reduce the likelihood of abuse, neglect, self-neglect, or exploitation by another; and (5) Depending on the circumstances, facts to substantiate that: (A) Failure of the adult in need of protective services to either object or affirmatively consent to those services does not constitute a knowing and voluntary decision to refuse services, but rather is the result of the adult's inability to consent due to extreme physical or mental impairment or incapacity; (B) The adult in need of protective services has objected to the provision of those services out of fear or intimidation instilled by another; or (C) Reasonable access to the adult in need of protective services has been denied by a 3rd person. (b) Unless continued by the court, a nonjury hearing shall be held on a petition for a provisional protection order within 15 days (excluding Saturdays, Sundays, and legal holidays) after it is filed with the court. The Attorney General shall ensure that, at least 10 days (excluding Saturdays, Sundays, and legal holidays) before the hearing, notice of the hearing date and a copy of the petition are served on the adult in need of protective services and, if applicable and ascertainable with reasonable diligence, the person(s) allegedly responsible for the abuse, neglect, or exploitation, for using fear or intimidation to coerce the adult's objection to the provision of services, or for denying an APS worker reasonable access to the adult. Notice shall be effected by personal service, substitute service on a person of suitable age and discretion at the usual place of abode or employment of the person to be notified, or registered or certified mail. Pursuant to rules to be established by the court, subpoenas shall issue directing the appearance of persons whose presence at the hearing is essential to the relief sought in the petition. The adult in need of protective services and any other person on whom notice is served under this subsection shall have the right to retain counsel, and if indigent, to have counsel promptly appointed by the court upon the Attorney General's filing of a petition under subsection (a) of this section. Every effort shall be made to secure the presence of the adult in need of protective services at the hearing; failure of the adult to appear shall be explained by his or her counsel to the satisfaction of the court. All parties to the proceeding may present evidence and cross-examine witnesses. Testimony of the person(s) allegedly responsible for the abuse, neglect, or exploitation, and the fruits of that testimony, shall be inadmissible as evidence in a subsequent criminal trial except in a prosecution for perjury or false statement. (c) The court shall maintain a register of lawyers who have expressed an interest in representing indigent persons entitled to the appointment of counsel under subsection (b) of this section, and shall attempt insofar as possible to make appointments from this register. Publicly funded or pro bono legal services shall be considered and given priority by the court. If such services are unavailable, compensation for appointed counsel shall be at the hourly rate established pursuant to § 11-2604(a), and, unless expressly waived by the court, shall be subject to a maximum amount of $750 per proceeding. Counsel shall also be reimbursed for expenses reasonably incurred. Compensation for investigative, expert, and other services shall be in accordance with § 11-2605. This subsection shall be implemented pursuant to procedures established by the court. (d) If the court finds that the Attorney General has proven the averments in the petition by a preponderance of the evidence, it may: (1) Direct any person to refrain from abusing, neglecting, exploiting, directly or indirectly interfering with the provision of services to, residing with, or otherwise contacting the adult in need of protective services; (2) Direct a caregiver to fulfill his, her, or its legal or contractual responsibilities, or to refrain from inadequately carrying out voluntarily assumed responsibilities; (3) Direct the Mayor to petition for the appointment of a conservator or guardian; (4) Direct the Mayor to provide specified or unspecified protective services, including at night and on weekends if necessary; provided, that the court shall not direct the Mayor to provide a type of service not otherwise made available by the District government; (5) Direct the Mayor, a caregiver, or, when appropriate, another party to the proceeding to remove the adult in need of protective services to a hospital, nursing home, community residence facility, hospice, or other appropriate facility (except a facility or part of a facility that has as its principal purpose the diagnosis and treatment of mental illnesses and disorders), so long as the placement is the least restrictive setting available in which the adult's needs can be adequately met; (6) Direct any person to pay or reimburse the District, in accordance with § 7-1910, for relief granted under paragraph (4) or (5) of this subsection; or (7) Direct any combination of the above. (e) When granting relief under subsection (d)(3) through (5) of this section, the court shall first consider those remedies that encourage maximum self-determination and are least restrictive of personal liberty. In so doing, the court shall adopt a strong, rebuttable presumption in favor of home care over institutionalization. Secondarily, the court shall inquire about and take into consideration potential expense to the District. (f) The court may modify or rescind a provisional protection order upon the motion of any party to the original proceeding and for good cause shown. Except as provided in subsection (g) of this section, a provisional protection order granting the relief in subsection (d)(4) or (5) of this section shall remain effective as to that relief for such period up to 45 calendar days as the court may specify, except that on the motion of any party to the original proceeding and for good cause shown, the court may grant a single extension for a period not to exceed an additional 45 calendar days. This 90-day time limitation may not be circumvented by the attempted issuance of a new order or reissuance of the original order before or after the extension period has expired. Relief granted under subsection (d)(1) through (3) and (6) of this section shall remain effective for such period as the court may specify. (g) When determining the duration of a provisional protection order that directs the Mayor to provide protective services, the court shall take into account the number of days, if any, that the District has already provided services pursuant to § 7-1905(a) or § 7-1907, and in no event shall the issuance of a protection order result in the District's being required to provide more than 90 days of services in any particular case.
7		D.C. Code § 7-1907 Ex parte temporary protection order.	(a) If a petition filed in accordance with § 7-1906(a) is supported by affidavit and alleges the existence of an immediate, substantial risk of life-threatening harm to an adult who the Department has determined is in need of protective services, the court may, upon a finding of probable cause and in accordance with § 7-1906(e), grant any relief listed in § 7-1906(d) immediately and without a hearing by issuing an ex parte temporary protection order. The Attorney General shall ensure that, within 48 hours after the issuance of such an order, notice of the hearing date and copies of the petition, supporting affidavit(s), and order are served on the same parties and in the same manner described in § 7-1906(b). (b) An ex parte temporary protection order shall remain effective for such period as the court may specify until a hearing is held and the petition for a provisional protection order granted or denied pursuant to § 7-1906. The court may modify or rescind an ex parte temporary protection order upon the motion of any person and for good cause shown.
8		D.C. Code § 7-1908 Qualified immunity for person reporting alleged abuse.	Any person who reports an alleged case of abuse, neglect, self-neglect, or exploitation pursuant to § 7-1903 shall be immune from civil or criminal liability for so reporting if he, she, or it has acted in good faith.
9		D.C. Code § 7-1909 Rules.	(a) The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue rules deemed necessary to carry out the purposes of this chapter. These rules shall at a minimum include procedures to ensure: (1) The effective coordination of investigative efforts by the police and the Department and the availability of police assistance should it be required, pursuant to §§ 7-1904(a) and 7-1905(d); (2) The effective coordination of interdepartmental resources and actions when a report made to the Department alleges that an individual, facility, or agency licensed by the District of Columbia is responsible for the abuse, neglect, or exploitation of an impaired adult; (3) That, unless exigent circumstances dictate otherwise, nonindigent adults in need of protective services and persons legally responsible for providing any or all of the services provided or contracted for by the District reimburse the District for, or make a reasonable contribution toward, the cost of providing those services; (4) The effective coordination of interdepartmental resources and actions when the Department seeks records or documents in the possession of another agency, including exempting the Department from payment of any and all fees otherwise required to obtain a record if the request is made in the course of an investigation or of the provision of protective services by the Department, and ensuring that requests for records or documents by the Department are given high priority by other governmental agencies; and (5) The effective coordination of interdepartmental resources and actions, providing for expedited access to governmental services on behalf of an adult in need of protective services, and ensuring that requests for such services are given high priority by other governmental agencies. (b) Within 60 days of March 8, 2006, the Mayor shall issue rules necessary to implement the provisions of D.C. Law 16-67.
10		D.C. Code § 7-1910 Payment or reimbursement for cost of protective services.	(a) In implementing § 7-1909(3), the Mayor may establish a sliding scale based on one's ability to pay. No adult in need of protective services shall be denied those services because he or she is unable to pay for them or because a person (other than the adult) who is legally responsible for providing any or all of the services refuses to reimburse the District or contribute to their cost. The Attorney General may, either as part of a proceeding for a protection order or in an independent court action, seek an order directing the adult in need of protective services or person(s) legally responsible for those services to pay or reimburse the District for so much of the cost of providing protective services under this chapter as he or she is reasonably able to afford. The court, however, may not direct an adult in need of protective services to pay or reimburse the District for any of the cost of providing those services if the court orders the services over the continued objection of the adult after finding that the objection has been prompted by fear or intimidation instilled by another. (b) The Attorney General may, either as part of a proceeding for a protection order or in an independent court action, seek an order directing the person(s) responsible for an adult's abuse, neglect, or exploitation to pay or reimburse the District for all or part of the costs associated with conducting the investigation, appointing counsel, and providing protective services in that particular case. In so doing, the Attorney General shall have the burden of proving a person's responsibility for abuse, neglect, or exploitation by a preponderance of the evidence. Testimony of the defendant(s), and the fruits of that testimony, shall be inadmissible as evidence in a subsequent criminal trial except in a prosecution for perjury or false statement.
11		D.C. Code § 7-1911 Waiver of privilege.	Any professional covered by the privilege established in § 14-307, who has or had as his or her client or patient the adult alleged or determined to be in need of protective services may be required, without the consent of that adult or his or her legal representative, to testify or otherwise disclose confidential information in any court proceeding held pursuant to this chapter if the judge determines that the privilege should be waived in the interest of justice.
12		D.C. Code § 7-1912 Penalties; enforcement.	(a)(1) Any person required to report under § 7-1903(a)(1) who willfully fails to do so shall be guilty of a misdemeanor and, upon conviction, subject to a fine not exceeding $300. (2) Any person who willfully makes a report under § 7-1903 containing information that he or she knows to be false shall be guilty of a misdemeanor and, upon conviction, subject to a fine not exceeding $1,000. (3) Any person who willfully discloses, receives, uses, or permits the use of a report, investigative information, or other data in violation of § 7-1903(d) shall be guilty of a misdemeanor and, upon conviction, subject to a fine not exceeding $1,000. (4) Any person who, because of a report made under § 7-1903 or testimony given in support of the allegations contained in such a report, retaliates against any other person by taking action that adversely affects the latter's rights, privileges, living arrangement, or terms of employment shall be civilly liable for any damages caused by that retaliation and, in addition, subject to punitive damages not exceeding $5,000. (5) Any health-care administrator or health professional licensed in the District who willfully fails to make a report required by § 7-1903(a)(1), or willfully makes a report under § 7-1903 containing information that he or she knows to be false, shall be guilty of unprofessional conduct and subject to any sanction available to the governmental board, commission, or other authority responsible for his or her licensure. (b) Criminal prosecutions brought under subsection (a) of this section shall be in the Superior Court of the District of Columbia by information signed by the Attorney General. (c)(1) Any person who is aggrieved by a violation of this chapter, or who is acting on or in behalf of a person aggrieved by a violation of this chapter, may maintain an action in court to enjoin the continuation of that violation or the commission of any future violation. In any such action that challenges the adequacy of protective services provided under § 7-1905(a), the court may direct the Mayor to provide additional or different services only upon a finding of bad-faith noncompliance. Should such a finding be made, days on which, in the opinion of the court, the services provided were grossly inadequate shall not be counted against the 90-day limitation in § 7- 1905(a)(2). Actions brought under this paragraph shall, commensurate with the exigency of the circumstances alleged, be expedited pursuant to procedures to be established by the court. (2) No right to monetary relief shall lie against the District for a violation of this chapter. Denial of such a right, however, shall in no way be construed to limit or impede any other action for monetary relief that might be available pursuant to other federal or District law.
13		D.C. Code § 7-1913 Reporting to Council.	The Mayor shall submit to the Council an annual report on this chapter, which shall at a minimum include the following: (1) A description of the specific actions taken to implement this chapter, including the staffing pattern and budget of the responsible administrative unit; (2) An analysis by fiscal year of: (A) The number of cases reported, investigations conducted, and reports substantiated; (B) The characteristics of both substantiated and unsubstantiated cases, including a breakdown by age, impairment, individual reporting, police involvement, services refused, and type of abuse, neglect, or exploitation involved; (C) The number of cases referred to court, the reasons for referral, their outcome, and associated court costs; (D) The type, amount, and cost of protective services provided; (E) The percentage of cost reimbursed by or recouped from 3rd parties; (F) The status of substantiated cases at the end of 90 days of services, and the average number of days of services per case; (G) The effectiveness with which government agencies and private organizations collaborate to investigate cases and administer protective services, including any proposals to improve coordination of efforts; and (H) The resources needed by the Department to conduct investigations and provide services as authorized by and required under this chapter; and (3) Any recommendations for amendments to this chapter.
14		D.C. Code § 21-2401.01 Short title.	This chapter may be cited as the "Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act".
15		D.C. Code § 21-2401.02 Definitions.	For the purposes of this chapter, the term: (1) "Adult" means an individual who has attained 18 years of age. (2) "Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed under §§ 21-2001 to 21-2077. (3) "Guardian" means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under §§ 21- 2001 to 21-2077. (4) "Guardianship order" means an order appointing a guardian. (5) "Guardianship proceeding" means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued. (6) "Incapacitated person" means an adult for whom a guardian has been appointed. (7) "Party" means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding. (8) "Person," except in the term "incapacitated person" or "protected person", means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (9) "Protected person" means an adult for whom a protective order has been issued. (10) "Protective order" means an order appointing a conservator or other order related to management of an adult's property. (11) "Protective proceeding" means a judicial proceeding in which a protective order is sought or has been issued. (12) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (13) "Respondent" means an adult for whom a protective order or the appointment of a guardian is sought. (14) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. (15) "Superior Court" means the Superior Court of the District of Columbia.
16		D.C. Code § 21-2401.03 International application of chapter.	The Superior Court may treat a foreign country as if it were a state for the purpose of applying this subchapter and Subchapters II, III, and V [of this chapter].
17		D.C. Code § 21-2401.04 Communication between courts.	(a) The Superior Court may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b) of this section, the court shall make a record of the communication. The record may be limited to the fact that the communication occurred. (b) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.
18		D.C. Code § 21-2401.05 Cooperation between courts.	(a) In a guardianship or protective proceeding in the District of Columbia, the Superior Court may request the appropriate court of another state to do any of the following: (1) Hold an evidentiary hearing; (2) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state; (3) Order that an evaluation or assessment be made of the respondent; (4) Order any appropriate investigation of a person involved in a proceeding; (5) Forward to the Superior Court a certified copy of the transcript or other record of a hearing under paragraph (1) of this subsection or any other proceeding, any evidence otherwise produced under paragraph (2) of this subsection, and any evaluation or assessment prepared in compliance with an order under paragraph (3) or (4) of this subsection; (6) Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person; or (7) Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R.§ 164.504. (b) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a) of this section, the Superior Court has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
19		D.C. Code § 21-2401.06 Taking testimony in another state.	(a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in the District of Columbia for testimony taken in another state. The Superior Court, on its own motion, may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken. (b) In a guardianship or protective proceeding, the Superior Court may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. The Superior Court shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony. (c) Documentary evidence transmitted from another state to the Superior Court by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule.
20		D.C. Code § 21-2402.01 Definitions; significant connection factors.	(a) For the purposes of this subchapter, the term: (1) "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf. (2) "Home state" means: (A) The state in which the respondent was physically present, including any period of temporary absence, for at least 6 consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or (B) If none, the state in which the respondent was physically present, including any period of temporary absence, for at least 6 consecutive months ending within the 6 months prior to the filing of the petition. (3) "Significant-connection state" means a state, other than the home state, with which a respondent has a significant connection, other than mere physical presence, and in which substantial evidence concerning the respondent is available. (b) In determining under §§ 21-2402.03 and 21-2403.01(e) whether a respondent has a significant connection with a particular state, the Superior Court shall consider: (1) The location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding; (2) The length of time the respondent at any time was physically present in the state and the duration of any absence; (3) The location of the respondent's property; and (4) The extent to which the respondent has ties to the state, such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services.
21		D.C. Code § 21-2402.02 Jurisdiction; Exclusive basis.	This subchapter provides the exclusive jurisdictional basis for the Superior Court to appoint a guardian or issue a protective order for an adult.
22		D.C. Code § 21-2402.03 Jurisdiction.	The Superior Court has jurisdiction to appoint a guardian or issue a protective order for a respondent if: (1) The District of Columbia is the respondent's home state; (2) On the date the petition is filed, the District of Columbia is a significant-connection state and: (A) The respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because the District of Columbia is a more appropriate forum; or (B) The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the Superior Court makes the appointment or issues the order: (i) A petition for an appointment or order is not filed in the respondent's home state; (ii) An objection to the Superior Court's jurisdiction is not filed by a person required to be notified of the proceeding; and (iii) The Superior Court concludes that it is an appropriate forum under the factors set forth in § 21-2402.06; (3) The District of Columbia does not have jurisdiction under either paragraph (1) or (2) of this subsection, the respondent's home state and all significant-connection states have declined to exercise jurisdiction because the District is the more appropriate forum, and jurisdiction in the District is consistent with Title 11 and the Constitution of the United States; or (4) The requirements for special jurisdiction under § 21-2402.04 are met.
23		D.C. Code § 21-2402.04 Special jurisdiction.	(a) Even if the Superior Court lacks jurisdiction under § 21-2402.03, the court has special jurisdiction to do any of the following: (1) Appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in the District of Columbia; (2) Issue a protective order with respect to real or tangible personal property located in the District of Columbia; (3) Appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to § 21-2403.01. (b) If a petition for the appointment of a guardian in an emergency is brought in the District of Columbia and the District was not the respondent's home state on the date the petition was filed, the Superior Court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
24		D.C. Code § 21-2402.05 Exclusive and continuing jurisdiction.	Except as otherwise provided in § 21-2402.04, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
25		D.C. Code § 21-2402.06 Appropriate forum.	(a) Even if the Superior Court has jurisdiction under § 21-2402.03 to appoint a guardian or issue a protective order, the court may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. (b) If the Superior Court declines to exercise its jurisdiction under subsection (a) of this section, it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state. (c) In determining whether it is an appropriate forum, the Superior Court shall consider all relevant factors, including: (1) Any expressed preference of the respondent; (2) Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation; (3) The length of time the respondent was physically present in or was a legal resident of this or another state; (4) The distance of the respondent from the court in each state; (5) The financial circumstances of the respondent's estate; (6) The nature and location of the evidence; (7) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence; (8) The familiarity of the court of each state with the facts and issues in the proceeding; and (9) If an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.
26		D.C. Code § 21-2402.07 Jurisdiction declined by reason of conduct.	(a) If at any time the Superior Court determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: (1) Decline to exercise jurisdiction; (2) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or (3) Continue to exercise jurisdiction after considering: (A) The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction; (B) Whether it is a more appropriate forum than the court of any other state under the factors set forth in § 21-2402.06(c); and (C) Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of § 21-2402.03. (b) If the Superior Court determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney's fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against the District of Columbia or a governmental subdivision, agency, or instrumentality of the District unless authorized by law other than this chapter.
27		D.C. Code § 21-2402.08 Notice of proceeding.	If a petition for the appointment of a guardian or issuance of a protective order is brought in the District of Columbia and the District was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of the District, notice of the petition shall be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice shall be given in the same manner as notice is required to be given in the District.
28		D.C. Code § 21-2402.09 Proceedings in more than one state.	Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in the District of Columbia under § 21-2402.04(a)(1) or (2), if a petition for the appointment of a guardian or issuance of a protective order is filed in the District and in another state and neither petition has been dismissed or withdrawn, the following rules apply: (1) If the Superior Court has jurisdiction under § 21-2402.03, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to § 21-2402.03 before the appointment or issuance of the order. (2) If the Superior Court does not have jurisdiction under § 21-2402.03, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the Superior Court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the Superior Court shall dismiss the petition unless the court in the other state determines that the Superior Court is a more appropriate forum.
29		D.C. Code § 21-2403.01 Transfer of guardianship or conservatorship to another state.	(a) A guardian or conservator appointed in the District of Columbia may petition the Superior Court to transfer the guardianship or conservatorship to another state. (b) Notice of a petition under subsection (a) of this section shall be given to the persons that would be entitled to notice of a petition in the District of Columbia for the appointment of a guardian or conservator. (c) On the Superior Court's own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the petition, the Superior Court shall hold a hearing on a petition filed pursuant to subsection (a) of this section. (d) The Superior Court shall issue a provisional order granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the Superior Court is satisfied that the guardianship will be accepted by the court in the other state and the Superior Court finds that: (1) The incapacitated person is physically present in or is reasonably expected to move permanently to the other state; (2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person; and (3) Plans for care and services for the incapacitated person in the other state are reasonable and sufficient. (e) The Superior Court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the Superior Court is satisfied that the conservatorship will be accepted by the court of the other state and the Superior Court finds that: (1) The protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state, considering the factors in § 21-2402.01(b); (2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and (3) Adequate arrangements will be made for management of the protected person's property. (f) The Superior Court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of: (1) A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to § 21-2403.02; and (2) The documents required to terminate a guardianship or conservatorship in the District of Columbia.
30		D.C. Code § 21-2403.02 Accepting guardianship or conservatorship transferred from another state.	a) To confirm transfer of a guardianship or conservatorship transferred to the District of Columbia under provisions similar to § 21-2403.01, the guardian or conservator shall petition the Superior Court to accept the guardianship or conservatorship. The petition shall include a certified copy of the other state's provisional order of transfer. (b) Notice of a petition under subsection (a) of this section shall be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and the District of Columbia. The notice shall be given in the same manner as notice is required to be given in the District. (c) On the Superior Court's own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the proceeding, the Superior Court shall hold a hearing on a petition filed pursuant to subsection (a) of this section. (d) The Superior Court shall issue a provisional order granting a petition filed under subsection (a) of this section unless: (1) An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person; or (2) The guardian or conservator is ineligible for appointment in the District of Columbia. (e) The Superior Court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in the District of Columbia upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to § 21-2403.01 transferring the proceeding to the District. (f) Not later than 90 days after issuance of a final order accepting transfer of a guardianship or conservatorship, the Superior Court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of the District of Columbia. (g) In granting a petition under this section, the Superior Court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated or protected person's incapacity and the appointment of the guardian or conservator. (h) The denial by the Superior Court of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in the District of Columbia under §§ 21-2001 to 21-2077 if the Superior Court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.
31		D.C. Code § 21-2404.01 Registration of guardianship orders.	If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in the District of Columbia, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in the District by filing as a foreign judgment in the Superior Court certified copies of the order and letters of office.
32		D.C. Code § 21-2404.02 Registration of protective orders.	If a conservator has been appointed in another state and a petition for a protective order is not pending in the District of Columbia, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in the District by filing as a foreign judgment in the Superior Court certified copies of the order and letters of office and of any bond.
33		D.C. Code § 21-2404.03 Effect of registration.	(a) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in the District of Columbia all powers authorized in the order of appointment except as prohibited under the laws of the District, including maintaining actions and proceedings in the District and, if the guardian or conservator is not a resident of the District, subject to any conditions imposed upon nonresident parties. (b) The Superior Court may grant any relief available under this chapter and other law of the District of Columbia to enforce a registered order.
34		D.C. Code § 21-2405.01 Uniformity of application and construction.	In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
35		D.C. Code § 21-2405.02 Relation to Electronic Signatures in Global and National Commerce Act.	This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 464; 15 U.S.C. § 7001 et seq.), but does not modify, limit, or supersede section 101(c) of that act (15 U.S.C. § 7001(c)) or authorize electronic delivery of any of the notices described in section 103(b) of that act (15 U. S.C. § 7003(b)).
36		D.C. Code § 21-2405.03 Transitional provision.	(a) This chapter applies to guardianship and protective proceedings begun on or after [November 25, 2008]. (b) Subchapters I, III, and IV [of this chapter] and §§ 21-2405.01 and 21-2405.02 apply to proceedings begun before [November 25, 2008], regardless of whether a guardianship or protective order has been issued.
37		D.C. Code § 22-931 Short Title.	This chapter may be cited as the "Criminal Abuse and Neglect of Vulnerable Adults Act of 2000".
38		D.C. Code § 22-932 Definitions.	For the purpose of this chapter "vulnerable adult" means a person 18 years of age or older who has a physical or mental condition which substantially impairs the person from adequately providing for his or her own care or protection.
39		D.C. Code § 22-933 Criminal Abuse of a Vulnerable Adult.	A person is guilty of criminal abuse of a vulnerable adult if that person intentionally or knowingly: (1) Inflicts or threatens to inflict physical pain or injury by hitting, slapping, kicking, pinching, biting, pulling hair or other corporal means; (2) Uses repeated or malicious oral or written statements that would be considered by a reasonable person to be harassing or threatening; or (3) Imposes unreasonable confinement or involuntary seclusion, including but not limited to, the forced separation from other persons against his or her will or the directions of any legal representative.
40		D.C. Code § 22-934 Criminal Negligence.	A person who knowingly, willfully or through a wanton, reckless or willful indifference fails to discharge a duty to provide care and services necessary to maintain the physical and mental health of a vulnerable adult, including but not limited to providing adequate food, clothing, medicine, shelter, supervision and medical services, that a reasonable person would deem essential for the well-being of the vulnerable adult is guilty of criminal negligence.
41		D.C. Code § 22-935 Exception.	A person shall not be considered to commit an offense of abuse or neglect under this chapter for the sole reason that he provides or permits to be provided treatment by spiritual means through prayer alone in accordance with a religious method of healing, in lieu of medical treatment, to the vulnerable adult to whom he has a duty of care with the express consent or in accordance with the practice of the vulnerable adult.
42		D.C. Code § 22-936 Penalties.	(a) A person who commits the offense of criminal abuse or criminal neglect of a vulnerable person shall be subject to a fine not more than the amount set forth in § 22-3571.01, imprisoned for not more than 180 days, or both. (b) A person who commits the offense of criminal abuse or criminal neglect of a vulnerable adult which causes serious bodily injury or severe mental distress shall be subject to a fine of not more than the amount set forth in § 22-3571.01, imprisoned up to 10 years, or both. (c) A person who commits the offense of criminal abuse or criminal neglect of a vulnerable adult which causes permanent bodily harm or death shall be subject to a fine of not more than the amount set forth in § 22-3571.01, imprisoned up to 20 years, or both.