Code of the District of Columbia

Subchapter I-A. Department of Youth Rehabilitation Services.


Part A. General.

§ 2–1515.01. Definitions.

For the purposes of this subchapter, the term:

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

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

(1B) “Behavioral health assessment” means a more thorough and comprehensive examination by a mental health professional of all behavioral health issues and needs identified during an initial behavioral health screening by which the mental health professional shall identify the type and extent of the behavioral health problem and make recommendations for treatment interventions.

(1C) “Behavioral health screening” means a brief process designed to identify youth who are at risk of having behavioral health disorders that warrant immediate attention, or intervention, or to identify the need for further assessment with a comprehensive examination.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

Effect of Amendments

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

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

Emergency Legislation

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

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

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

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

Short Title

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

Editor's Notes

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

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

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


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

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

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

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

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

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

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

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

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

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


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

Section References

This section is referenced in § 2-1515.03.

Emergency Legislation

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

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

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

Short Title

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

Editor's Notes

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

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

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

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

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

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

“(2) The offense history of the youths;

“(3) The risk profile of the youths;

“(4) The behavioral health issues;

“(5) The substance abuse issues;

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

“(7) The reason for current placement; and

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

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

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

“(1) The name of the centers;

“(2) The location of the centers;

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

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

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

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

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

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

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


§ 2–1515.03. Organization.

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

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

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

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

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

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

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

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


(Apr. 12, 2005, D.C. Law 15-335, § 103, 52 DCR 2025.)

Emergency Legislation

For temporary (90 day) addition, see § 103 of Department of Youth Rehabilitation Services Establishment Emergency Act of 2004 (D.C. Act 15-657, December 29, 2004, 52 DCR 481).

For temporary (90 day) addition, see § 103 of Department of Youth Rehabilitation Services Establishment Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-58, March 17, 2005, 52 DCR 3182).


§ 2–1515.04. Duties.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

Section References

This section is referenced in § 2-1515.05.

Effect of Amendments

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

Applicability

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

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

Emergency Legislation

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

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

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

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

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

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

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

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

Short Title

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

Editor's Notes

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

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


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

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

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

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


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

Effect of Amendments

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

Emergency Legislation

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

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

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

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

Short Title

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

Editor's Notes

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

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

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

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


§ 2–1515.04b. Data collection.

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

(1) Office of the State Superintendent of Education;

(2) Department of Health;

(3) Department of Behavioral Health;

(4) Child and Family Services Agency;

(5) Department of Human Services;

(6) District of Columbia Public Schools; and

(7) Office of the Attorney General.

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


(Apr. 12, 2005, D.C. Law 15-335, § 104b; as added Apr. 4, 2017, D.C. Law 21-238, § 402(c), 63 DCR 15312.)

Applicability

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

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

Emergency Legislation

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

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


§ 2–1515.05. Special authorities of the Department.

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

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

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

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

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

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

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

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

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

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

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

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

(g) The Department may:

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

(A) Child abuse or child neglect;

(B) Rape or sexual assault;

(C) Homicide or felony assault; or

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

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

(A) Fraud;

(B) Burglary;

(C) Drug-related crimes; or

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

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

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

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

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

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

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


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

Section References

This section is referenced in § 2-1515.01.

Effect of Amendments

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

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

Emergency Legislation

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

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

Short Title

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

Editor's Notes

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


§ 2–1515.05a. Juvenile Services Program.

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

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

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

(2) Representation of youth in disciplinary hearings;

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

(4) Legal rights orientations for new residents; and

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

(c) The Department shall provide:

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

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

(A) Telephone calls;

(B) Written correspondence; and

(C) In-person communications; and

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

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

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

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

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


(Apr. 12, 2005, D.C. Law 15-335, § 105a; as added Mar. 10, 2020, D.C. Law 23-66, § 2, 67 DCR 740.)


§ 2–1515.06. Confidentiality of youth records.

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

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

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

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

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

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

(c)(1) Notwithstanding the confidentiality requirements of this section, or any other provision of law, the Chairman of the Committee on Human Services, Members of the Committee on Human Services, and the Mayor, or their designees, shall be permitted to obtain the records pertaining to youth in the custody of the Department regardless of the source of the information contained in those records, when necessary for the discharge of their duties; provided, that the Department data is maintained, transmitted, and stored in a manner to protect the security and privacy of the youth identified and to prevent the disclosure of any of the data or information to any individual, entity, or agency not designated pursuant to subsection (b) of this section.

(2) A Member of the Committee on Human Services shall notify the Chairman of the Committee on Human Services upon requesting a record pursuant to paragraph (1) of this subsection.

(d) Notwithstanding the confidentiality requirements of this section, or any other provision of law, the Metropolitan Police Department is authorized to obtain records pertaining to youth in the custody of the Department, other than juvenile case records as defined in § 16-2331 and juvenile social records as defined in § 16-2332, for the purpose of investigating a crime allegedly involving a youth in the custody of the Department. The confidentiality of any information disclosed to the Metropolitan Police Department pursuant to this subsection shall be maintained pursuant to § 16-2333.


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

Effect of Amendments

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

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

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

Emergency Legislation

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

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

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

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

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

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

Temporary Legislation

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

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

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

Mayor's Orders

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

Delegation of Authority

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


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

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

(1) The number of applications submitted for Medicaid;

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

(3) The amount of money obtained from Medicaid.


(Apr. 12, 2005, D.C. Law 15-335, § 106a; as added Sept. 14, 2011, D.C. Law 19-21, § 5064, 58 DCR 6226; Sept. 26, 2012, D.C. Law 19-171, §§ 22, 23, 59 DCR 6190.)

Effect of Amendments

The 2012 amendment by D.C. Law 19-171 clarified that D.C. Law 19-21, § 5064, added D.C. Law 15-335, § 106a; and substituted “the Department shall” for “DYRS shall” in the introductory language.


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

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

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


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

Emergency Legislation

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

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

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

Temporary Legislation

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


§ 2–1515.08. Transfers.

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

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

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

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

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

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

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

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

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

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

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


(Apr. 12, 2005, D.C. Law 15-335, § 108, 52 DCR 2025.)

Emergency Legislation

For temporary (90 day) addition, see § 108 of Department of Youth Rehabilitation Services Establishment Emergency Act of 2004 (D.C. Act 15-657, December 29, 2004, 52 DCR 481).

For temporary (90 day) addition, see § 108 of Department of Youth Rehabilitation Services Establishment Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-58, March 17, 2005, 52 DCR 3182).


§ 2–1515.09. Delegation and redelegation of authority.

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


(Apr. 12, 2005, D.C. Law 15-335, § 109, 52 DCR 2025.)

Emergency Legislation

For temporary (90 day) addition, see § 109 of Department of Youth Rehabilitation Services Establishment Emergency Act of 2004 (D.C. Act 15-657, December 29, 2004, 52 DCR 481).

For temporary (90 day) addition, see § 109 of Department of Youth Rehabilitation Services Establishment Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-58, March 17, 2005, 52 DCR 3182).


§ 2–1515.10. Repealer.

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


(Apr. 12, 2005, D.C. Law 15-335, § 110, 52 DCR 2025.)

Emergency Legislation

For temporary (90 day) addition, see § 110 of Department of Youth Rehabilitation Services Establishment Emergency Act of 2004 (D.C. Act 15-657, December 29, 2004, 52 DCR 481).

For temporary (90 day) addition, see § 110 of Department of Youth Rehabilitation Services Establishment Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-58, March 17, 2005, 52 DCR 3182).


Part B. Limitations on the Use of Restraints.

§ 2–1515.51. Definitions.

For the purposes of this part, the term:

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

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

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

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

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

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

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


(Apr. 12, 2005, D.C. Law 15-335, § 151; as added July 25, 2015, D.C. Law 20-280, § 101(b), 62 DCR 1495.)


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

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

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

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

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

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

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


(Apr. 12, 2005, D.C. Law 15-335, § 152; as added July 25, 2015, D.C. Law 20-280, § 101(b), 62 DCR 1495; Apr. 4, 2017, D.C. Law 21-238, § 402(d), 63 DCR 15312.)


§ 2–1515.53. Reporting requirements.

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

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


(Apr. 12, 2005, D.C. Law 15-335, § 153; as added July 25, 2015, D.C. Law 20-280, § 101(b), 62 DCR 1495.)


§ 2–1515.54. Notice requirements.

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

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

(A) All medical staff;

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

(C) Other staff as the Administrator deems appropriate; and

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


(Apr. 12, 2005, D.C. Law 15-335, § 154; as added July 25, 2015, D.C. Law 20-280, § 101(b), 62 DCR 1495.)