draft and that it does not totally reflect what we feel should finally be legislated. We do believe it does better address the issues than the bills under consideration.

Mr. MAZZOLI. Without objection, that bill draft will be made a part of the record at this point.

[The document follows:]

A BILL To establish an agency for the prevention of child abuse in the District of Columbia, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it is the purpose of this act to provide for the protection of abused and neglected children in the District of Columbia by:

(1) establishing a Center for the Prevention of Child Abuse which shall : (a) Treat victims of child abuse and their families utilizing the resources of physicians, social workers, psychiatrists and lawyers in a coordinated effort;

(b) Utilize by contract and other cooperative arrangements public and private resources whenever such resources are found necessary to the adequate prevention or treatment of child abuse;

(c) Recommend to the Commissioner, D.C. City Council, and the public, new or improved facilities, services, or other activities which would be of significant use in the prevention and treatment of child abuse. (2) Requiring certain persons to report instances of child abuse and neglect in accordance with the provisions of this act.

(3) Amending existing statutory definitions of neglect to include children not now adequately protected.

(4) Establishing standards for when parental rights shall be terminated.

(5) Mandating a Protective Services Unit in the Department of Human Resources which will provide specially trained service workers on a 24 hour basis.

(6) Requiring the Commissioner of the District of Columbia to develop a comprehensive plan for the provision of social services to children in the District of Columbia who are, or are in danger of being, neglected, which plan provides for coordination of efforts to prevent and treat child abuse and neglect; preserves the existing family unit of the child whenever possible; prevents the lodging of abused and neglected children in institutions, public or private [for more than 24] hours without a demonstrable medical need; and requires that an individual treatment plan be prepared for each child in the custody of SRA. The plan shall be submitted to City Counsel for public hearings, revisions and promulgation. The Commissioner shall also develop standards and regulations by which services required by this act shall be delivered and to submit these standards and regulations to the City Council for their considerations, revisions and promulgation.

SEC. 2. (a) There is established within the Department of Human Resources (hereinafter DHR) of the District of Columbia a Center for the Prevention and Treatment of Child Abuse (hereinafter in this Act referred to as the "Center") which shall have as its head a full time Director who shall be appointed by the Commissioner of the District of Columbia. The Director is authorized and directed to:

1. Establish, develop and maintain either by contract or directly, a complete program of supportive programs for families who are referred to the Center by the courts or other agencies or who voluntarily request treatment or counselling, so as to prevent or minimize the causes and deleterious effects of child abuse, which programs shall include, but not be limited to, (a) individual and group therapy and counselling; (b) therapeutic crisis nurseries; (c) babysitting services; (d) homemaker services (e) emergency parent services; (f) emergency family shelters; (g) emergency foster homes; (h) 24-hour protective services and (i) emergency medical services.

2. Establish standards and procedures to hire sufficient qualified personnel, and to otherwise administer the Center in a manner consistent with the provisions of this section, and to request sufficient budgetary amounts to fulfill this objective.

3. Coordinate efforts and when appropriate, to contract with other agencies, groups or individuals for specific services or resources so as to have available those services and resources necessary to accomplish the purposes and directives of this act.

4. Establish training and informational programs for Center staff, for the staff of public and private agencies under contract with the Center, and for the community.

5. Recommend each year to the Commissioner and the D.C. City Council ways for improving the prevention and treatment of child abuse in the District of Columbia. These recommendations may include, but are not limited to:

(a) the provision of new services or facilities.

(b) the improvement of existing services, facilities and programs and recommended measures for accomplishing such improvement.

(c) the steps necessary to improve coordination of services including but not limited to changes in legislation, regulation, organization and administration of existing services, facilities of programs.

6. Continually monitor and evaluate all existing programs provided either directly or by contract to facilitate the recommendations for improvement referred to in sub-section 7, supra.

SEC. 2. (b) The Center shall be staffed by personnel who are trained to treat and prevent child abuse or neglect and who are familiar with the available resources in the District of Columbia which might assist in the protection of children and the prevention and elimination of the causes including but not be limited to: (1) psychiatrists including specialists in child psychiatry; (2) clinical psychologists; (3) psychiatric social workers; (4) pediatric consultants; (5) psychiatric nurses; (6) legal consulants; (7) day care specialists; (8) clerical support; and (9) any other trained persons deemed necessary to carry out the mandate of the Center.

A multidisciplinary approach shall be used by the Center in working with individual families, utilizing where appropriate the personnel of other public or private agencies in the District of Columbia metropolitan area.

SEC. 2. (c) The Center shall maintain an intake function for non-emergency cases and in conjunction with the separate Protective Services unit mandated in Sec. 6, supra., shall maintain a 24-hour intake unit for emergency cases. SEC. 2. (d) Where children or their families have voluntarily presented themselves to the Center for care or treatment, only in those instances where it is determined that the family situation cannot provide the child with the safe development of his physical, mental, and emotional health shall the Center report the case to the police or recommend to the Corporation Counsel of the District of Columbia that a petition alleging abuse or neglect be filed. However all such cases shall be reported to the central registry established by Section 7 of this Act.

SEC. 2. (e) Once a petition alleging neglect by reason of abuse has been filed in the District of Columbia Superior Court, the in-court function of the Center shall be provided by the Social Services Division of the District of Columbia Superior Court who shall, after consultation with the Center, transmit for initial and dispositional hearings appropriate recommendations to the Court with respect to custody or conditions of release of the subject of the petition.

SEC. 2. (f) To facilitate prompt and effective care and treatment of abused children and their families, whenever the Metropolitan Police Department receives a report of alleged child abuse pursuant to D.C. Code § 2-161 et seq. as amended in Sec. 3 infra and whenever the Protective Services unit mandated in Sec. 6 infra discovers a situation in which the potential for abuse is high, they shall immediately report the case to the Center and transmit to it copies of all official reports and any other pertinent information in addition to taking whatever action they deem appropriate.

2(g) Cases reported to the Center as alleged abuse cases which are later determined to be cases involving neglect but not abuse shall be referred to the Protective Service Unit mandated in Sec. 6 infra.

SEC. 3. The Act of November 6. 1966 (relating to the reporting of certain physical abuses of children) (D.C. Code § 2-161)

1 The Group was unable to agree and are not in possession of the information necessary to determine whether the Center should be housed in a single facility or be provided fully in several community locations.

(1) The first section of such Act (D.C. Code sec. 2-161) is amended to read as follows:

"The purpose of this Act is to provide for the protection of abused or neglected children as defined in section 2301 (9) of title 16 of the District of Columbia Code. Any medical personnel and certain persons involved in child care in the District of Columbia, including persons licensed under the Healing Arts Practices Act, District of Columbia, 1928, who become aware of such cases, shall report them in accordance with the provisions of this section thereby causing the services of the District of Columbia to be brought to bear in a coordinated effort to protect the health and welfare of these children, to prevent further abuses, and to preserve family life whenever possible."

(2) Section 2 of such Act (D.C. Code, sec. 2-161) is amended to read as follows:

"SEC. 2. (a) Notwithstanding section 307 of title 14 of the District of Columbia Code, all medical personnel and certain persons in child care in the District of Columbia, including persons licensed under the Healing Arts Practice Act, District of Columbia, 1928, who see a child under the age of 18 for examination, care or treatment and who have reason to believe said child is:

(i) abused or has suffered physical harm due to neglect as defined in section 2301 (9) of title 16 of the District of Columbia Code shall report such injury or harm to a specially designated nonuniformed unit of the Metropolitan Police Dept. of the District of Columbia except as provided in section 2(d) of this Act.

(ii) otherwise neglected as defined in section 2301 (9) of title 16 of the District of Columbia Code shall report such neglect to the protective services unit mandated in section 7 of this Act.

(b) Any person in the District of Columbia other than a medical person or person involved in child care who has reason to believe a child is being abused or neglected as defined in section 2301 (9) of title 16 of the District of Columbia Code may report such neglect to the appropriate agency in accordance with the provisions of this Act."

(3) SEC. 3 of such Act (D.C. Code, sec. 2-163) is amended to read as follows: "SEC. 3. An oral report shall be made immediately by telephone or otherwise, and followed as soon thereafter as possible by a report in writing, to the appropriate agency. Such reports shall contain the names and addresses of the child concerned and his parents or other persons responsible for his care, if known; the child's age; the nature and extent of the harm or injuries of the child (including any evidence of previous injuries); and shall include such other information which the person making such report believes helpful in establishing the cause of the harm or injury and the identity of the person who may have caused such harm or injury."

(4) SEC. 4 of such Act (D.C. Code, sec. 2-164) is amended to read as follows: "SEC. 4. Any. person, hospital or institution participating in good faith in the making of a report pursuant to this subchapter shall have immunity from liability, civil or criminal, that might otherwise be incurred or imposed wth respect to the making of such report. Any person who in good faith provides evidence pursuant to an investigation or a judicial proceeding involving such report shall have the same immunity."

(5) SEC. 5 of such Act (D.C. Code. sec. 2-165) s amended to read as follows: "SEC. 5. Notwithstanding the provisions of sections 306 and 307 of title 14 of the District of Columbia Code, no privilege between husband and wife or between any professional person (except lawyer and client), including but not limited to physicians, ministers, hospitals, and clinics, and a child, his parents, guardian or custodian shall constitute grounds for excluding evidence in any proceeding in the Family Division of the Superior Court of the District of Columbia concerning the welfare of such child."

(6) Such Act is amended by adding at the end thereof the following:

"SEC. 7. Any person required to make a report under this Act who willfully fails to make such report shall be fined not more than $1,000, or imprisoned for not longer than 30 days, or both. Violations of this Act shall be prosecuted by the Corporation Counsel in the name of the District of Columbia." "SEC. 8. For the purposes of this Act

"(a) The term 'medical personnel' includes a physician, surgeon, dentist, resident, intern, registered nurse, practical nurse, psychiatrist, psychologist, chiropractor, coroner, and medical examiner."

"(b) The term 'certain persons involved in child care' includes school officials, teachers, social services wrokers, day care center workers, or any other child or foster care worker."

(7) The Director of the Department of Human Resources shall develop and maintain a confidential central registry of all cases of alleged child abuse reported in the District of Columbia under the provisions of the Act of November 6, 1966, as amended by this Act, and shall coordinate and cooperate with State and local agencies in the development of a regional and/or national register of cases of alleged child abuse. The confidential central registry developed by the Director shall be maintained on a 24-hour basis, and the Director shall establish procedures to insure the accuracy of information filed in such registry, and for restricting access to such registry to medical personnel investigating child abuse, Corporation Counsel, members of the specially designated nonuniform division of the Metropolitan Police force, persons employed by the Center, and parents, children, or other persons reported to the registry and their counsel. The Director shall also maintain a record of each instance where information from the central registry is released showing the date of such release, and the purpose for which, and the person to whom, such data was released. Notice shall be given each person reported in the registry within 3 days of the filing of said report. Data shall not be transmitted from the central registry to other jurisdictions without the consent of the persons reported unless the receiving jurisdiction has comparable safeguards on the use and dissemination of such data.

SEC. 4. (a) Section 2301 (9) of Title 16 of the District of Columbia Code is amended to read as follows:

"(9) The term 'neglected child' means a child—

"(A) who has been abandoned: whose parent, guardian, custodian, or other person acting in loco parentis, inflicts or recklessly allows to be inflicted upon such child physical injury or sexual abuse, or who is injured while in the custody of his parent, guardian, custodian, or other person acting in loco parentis and they can give no satisfactory explanation for the injury;

"(B) who is without proper parental care or maintenance, subsistence medical or surgical care, education as required by law, or other care necessary for his physical, mental, or emotional health, and the deprivation is not due to the lack of financial means of his parents, guardian, custodian, or other person acting in loco parentis;

"(C) whose parent, guardian, custodian, or other person acting in loco parents is unable to discharge his responsibilities to and for the child because of incarceration, hospitalization, or other physical or mental incapacity and has made no suitable arrangements for said child; or

"(D) who has been placed for care or adoption in violation of law; or “(E) who is in danger of being without proper parental care or maintenance, and whose sibling is neglected or has been neglected as defined in subsections A-D."

SEC. 5. (a) The first sentence of section 2304 (b) of Title 16 of the District of Columbia Code is amended by inserting "or when termination of parental rights is sought" immediately after "neglect,". The last sentence of 2304 (b) of Title 16 of the District of Columbia Code is stricken and replaced by, "The Division shall in all cases appoint separate counsel to represent the child."

2304 (c) (1). Nothwithstanding any privileges granted under the laws of the District of Columbia, except lawyer-client privilege, counsel for the parties in any proceeding pending before the Family Division of Superior Court shall be given access to and the ability to copy any and all social, psychiatric and medical records pertaining to the child and his immediate family prior to the hearing on the merits.

(c) (2). Access to records in the custody of agencies of the District of Columbia shall be granted upon the presentation of an affidavit by counsel stating that the case is pending.

(c) (3). Records in the custody of private agencies may be obtained by agree. ment between counsel for the child and the agency, by subpoena, or by other order of the Court and shall be delivered at a time and place convenient to the parties.

b. Section 16-2319 of the District of Columbia Code is amended as follows: "b. Whenever the recommendation in the Pre-disposition report is that the child be committed to the custody of the Department of Human Resources, the

report shall state specifically what community alternatives are available to provide the care and treatment required for the child and why these community alternatives are inappropriate, what agency facility has been chosen, and why it is the most suitable placement.

“c. Whenever the recommendation in the Pre-disposition report is that the child be committed to the custody of the Department of Human Resources, the report shall state specifically the type of treatment that the commitment shall provide, the plans for reintegrating the child into the community, and with respect to neglected children, the plan for reunifying the family or otherwise securing the child's right to a permanent home placement."

(c) Section 2322 of title 16 of the District of Columbia Code is amended by inserting at the end thereof the following: After a dispositional order vesting legal custody of a child adjudicated neglected pursuant to § 16-2301 (9) in a department, agency or institution, a hearing shall be held, after proper notice to the parents, their attorneys, and the child's attorney, (a) within 6 months in the case of a child under 12 months of age, (b) within 1 year in the case of a child between 1 and 6, and (c) within 2 years in the case of a child 7 or older, and semiannually thereafter at which the department, agency or institution shall show cause why the parental rights should not be terminated by the Division for the purposes of seeking an adoptive placement for the child. If the conditions which led to an adjudication of neglect have not improved, it must be presumed to be in the best interest of the child that parental rights be terminated unless substantial and conclusive evidence to the contrary is presented at the hearing. The court in considering evidence to rebut the presumption shall consider, among other factors:

(1) the preservation of continuity of care and caretakers for the child: (2) the quality of the interaction and interrelationship of the child with his parent or parents, siblings, custodians or other caretakers:

(3) the child's own determination, to the extent feasible, of his or her own best interests in the matter:

(4) the mental and physical health of all individuals involved.

(d) A request for the termination of parental rights may also be incorporated in a petition for neglect brought pursuant to section 2301 (9).

(e) Where an order for permanent termination of parental rights has been entered pursuant to this section, the department, agency or institution to whom the child has been committed shall be responsible for seeking prompt adoptive placement of the child and shall report to the Division within six months of the order terminating parental rights upon its efforts to secure an adoptive placement. If the adoption proceedings have not been initiated within a year of the order terminating parental rights, the department, agency or institution to which the child was committed shall report annually on all efforts made to secure an adoptive placement for the child.

SEC. 6 (a) To assure skilled, effective handling of all neglect cases involving District children, the Commissioner shall maintain by public agency or by contract with a private agency a distinct and separate Protective Service Unit for children (which may function through several neighborhood centers, )

(b) The Unit shall be staffed by specially trained workers whose duties shall be to carry no more than 25 neglect and/or preneglect cases (families). These workers shall be supervised by professionally trained social workers with experience in Protective Services for children.

(c) The Protective Service Unit and the Abuse Center shall jointly operate a 24 hour emergency intake Unit which shall be staffed by specially trained and professionally supervised personnel and is authorized and directed to:

(i) Receive reports of neglect or abuse of children in the District of Columbia and to investigate these reports immediately.

(ii) Determine what emergency services are appropriate to the situation and to initiate necessary emergency action, including but not limited to: (a) Dispatching emergency caretakers to enter homes and provide care for children who are without supervision.

(b) Requesting police action under D.C. Section 16-2309.

(iii) Determine whether to, and where necessary, to refer cases to Corporation Counsel for the filing of neglect petitions.

(iv) When a case has been referred to Corporation Counsel for the filing of a petition of neglect, the unit shall upon the request of Corporation Counsel transfer reports and other relevant data to the Youth Division of the Metropolitan Police Department for Investigation.