The District of Columbia recently enacted D.C. Law 17-21, the “Safe and Stable Homes for Children and Youth Amendment Act of 2007.” The Mayor signed the legislation on July 9, 2007, and the new law became effective on September 20, 2007, following the required Congressional review period.

D.C. Law 17-21 creates a new chapter in Title 16, numbered in the Official District of Columbia Code as Chapter 8A (§§ 16-831.01 through 16-831.13). Chapter 8A establishes the situations where a third party may seek custody of a child. For example, a third party may file for custody when there is parental consent or when that third person has assumed the duties and obligations for which a parent is legally responsible. The new chapter continues on to outline the specific circumstances where the court may take the next step and award custody to that third party.

The legislation recognizes the constitutional rights of parents and creates a rebuttable presumption that custody with the parent is in a child’s best interests. Therefore, third parties are permitted to obtain custody of a child only when the presumption is rebutted by clear and convincing evidence and if the child’s best interests so require. Section 16-831.07 describes the varying findings of fact that may be used to rebut the parental presumption. A child’s best interests are determined by “all relevant factors,” including the child’s needs for continuity of care; the physical, mental, and emotional needs of the child; the quality of the interaction and interrelationship of the child with his or her parents, relatives, or caretakers, including the third party; and, to the extent feasible, the child’s opinion of his or her own best interests.

The legislation also addresses related matters such as temporary relief, termination of parental rights, and modification of third-party custody orders. Read the new chapter in its entirety by visiting the website of the Council of the District of Columbia and following the link to the D.C. Official Code.