Code of the District of Columbia

§ 7–2036. Powers and duties of the Mayor.

(a)(1) The Mayor shall promulgate all rules necessary to implement the provisions of this subchapter, including the following:

(A) Minimum standards of operation of a child development facility concerning staff qualification, requirements and training, facility size, staff-child ratios and group size, program design and equipment requirements, safety and health standards, care for children with special needs, nutrition standards, and record keeping requirements;

(B) Administrative procedures for hearings consistent with the requirements of § 2-509, unless otherwise provided in this subchapter;

(C) Allowance for a child development facility to operate on a 24-hour basis so long as no child, infant, or toddler will be under the care of the child development facility for more than 18 consecutive hours in a 24-hour period, or appropriate hours as provided by rule; and

(D) The establishment of a fee schedule to recover the costs of regulating child development facilities pursuant to this subchapter.

(2) The rules required to be promulgated pursuant to this section shall be submitted to the Council for a 30-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, by resolution, within this 30-day review period, the proposed rules shall be deemed approved.

(b) The Mayor may conduct investigations and inspections needed to ensure compliance with this subchapter. In this regard, the Mayor may administer oaths, examine witnesses, and issue subpoenas to compel attendance and testimony of witnesses and the production of books, records, and other documents needed to enforce this subchapter. In case of contumacy or refusal to obey a subpoena, the Superior Court of the District of Columbia, at the request of the Mayor, shall issue an order requiring the contumacious person to appear and testify or produce books, papers, or other evidence bearing on the hearing. Failure to obey the court’s order shall be punishable as contempt of court.

(c) The Mayor shall maintain and make available to the public information concerning:

(1) The application, licensure, and renewal requirements and procedures; and

(2) An official register of currently licensed child development facilities.

(Apr. 13, 1999, D.C. Law 12-215, § 7, 46 DCR 274; Aug. 1, 2017, D.C. Law 22-10, § 2, 64 DCR 5608.)

Prior Codifications

1981 Ed., § 6-3626.

Emergency Legislation

For temporary addition of subchapter, see notes to § 7-2031.

Temporary Legislation

See notes to § 7-2031.

Delegation of Authority

Delegation of authority pursuant to D.C. Law 12-215, the “Child Development Facilities Regulation Act of 1998”, see Mayor’s Order 99-199, December 24, 1999 ( 46 DCR 10569).

Delegation of Authority to Conduct Investigations of Unusual Incident Reports Submitted by Childcare Providers and any Other Person(s) or Entity(s) on Behalf of the Early Care and Education Administration for a Period Not to Exceed Ninety (90) Days from the Effective Date of this Order, see Mayor’s Order 2009-12, February 4, 2009 ( 56 DCR 2031).

Delegation of Authority pursuant to D.C. Law 12-215, the Child Development Facilities Regulation Act of 1998, as amended, see Mayor’s Order 2009-130, July 16, 2009 ( 56 DCR 6883).