§ 16-831-01

01. Definitions. For the purposes of this chapter, the term: (1) 'De facto parent' means an individual: (A) Who: (i) Lived with the child in the same household at the time of the child’s birth or adoption by the child’s parent; (ii) Has taken on full and permanent responsibilities as the child’s parent; and (iii) Has held himself or herself out as the child’s parent with the agreement of the child’s parent or, if there are 2 parents, both parents; or (B) Who: (i) Has lived with the child in the same household for at least 10 of the 12 months immediately preceding the filing of the complaint or motion for custody; (ii) Has formed a strong emotional bond with the child with the encouragement and intent of the child’s parent that a parent-child relationship form between the child and the third party; (iii) Has taken on full and permanent responsibilities as the child’s parent; and (iv) Has held himself or herself out as the child’s parent with the agreement of the child’s parent, or if there are 2 parents, both parents. (2) 'Intrafamily offense' shall have the same meaning as provided in § 16-1001(8).

herself out as the child’s parent with the agreement of the child’s parent, or if there are 2 parents, both parents. (2) 'Intrafamily offense' shall have the same meaning as provided in § 16-1001(8). (3) 'Legal custody' means legal responsibility for a child, including the right to: (A) Make decisions regarding the child’s health, education, and general welfare; (B) Access the child’s educational, medical, psychological, dental, or other records; and (C) Speak with and obtain information regarding the child from school officials, health care providers, counselors, or other persons interacting with the child. (4) 'Physical custody' means a child’s living arrangements. The term 'physical custody' includes a child’s residency or visitation schedule. (5) 'Third party' means a person other than the child’s parent or de facto parent. (Sept. 20, 2007, D.C. Law 17-21, § 2(b), 54 DCR 6835; Mar. 25, 2009, D.C. Law 17-353, § 217(b), 56 DCR 1117; Mar. 25, 2009, D.C. Law 17-368, § 4(f), 56 DCR 1338.) Effect of Amendments D.C. Law 17-353 validated a previously made technical correction in the section designation. D.C. Law 17-368, in par. (2), substituted '§ 16-1001(8)' for '§ 16-1001(5)'.

R 1338.) Effect of Amendments D.C. Law 17-353 validated a previously made technical correction in the section designation. D.C. Law 17-368, in par. (2), substituted '§ 16-1001(8)' for '§ 16-1001(5)'. Emergency Legislation For temporary (90 day) addition, see § 2(b) of Safe and Stable Homes for Children and Youth Emergency Amendment Act of 2007 (D.C. Act 17-69, July 9, 2007, 54 DCR 6826).