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Volume 68 · 247

Public Law 83–393

To amend the Act of April 22, 1944, which regulates the placement of children in family homes in the District of Columbia.

Approved June 8, 1954

Statutory text

AN ACT

To amend the Act of April 22, 1944, which regulates the placement of children in family homes in the District of Columbia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That section 3 of the Act entitled “An Act to regulate the placing of children in family homes, and for other purposes”, approved April 22, 1944 (32 D. C.

58 Stat. 193.

Code, sec. 783), is amended to read as follows:

“Sec. 3.

Within sixty days after the date of the enactment of section

Committee to formulate standards, etc.

12 of this Act, the Commissioners shall appoint, after consultation with the Department of Public Welfare, a committee to formulate and adopt rules and regulations, subject to the approval of the Commissioners, prescribing standards of placement, care, and services to be required of child-placing agencies, pursuant to the intent and purposes of this Act. The committee shall be composed of two representatives of the Department of Public Welfare of the District of Columbia, one of whom shall act as chairman, a member of the staff of the Department of Health of the District of Columbia, two representatives from each of the charitable organizations of the District of Columbia licensed to place children in family homes, a member of the legal profession, and a member of the medical profession. The

Terms of office.

terms of office of each member of the committee shall be three years, except that—

“(1)

the terms of office of the members first taking office shall expire, as designated by the Commissioners at the time of appointment, approximately one-third at the end of one year, approximately one-third at the end of two years, and approximately one-third at the end of three years, after the date of the enactment of section 12;

“(2)

any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term; and

“(3)

upon the expiration of his term of office a member shall continue to serve until his successor is appointed and has qualified.

The rules and regulations prescribing standards of placement, care, and services to be required of child-placing agencies shall be reviewed by the committee annually and, subject to the approval of the Commissioners, may be amended when deemed necessary.”

Sec. 2.

The last paragraph of section 4 of such Act is amended by

D. C. Code 32–784.

striking out “from the date of the passage of this Act”.

Sec. 3.

The last paragraph of section 5 of such Act is amended to

D. C. Code 32–785.

read as follows:

“Records which are deemed confidential shall not be available for

Confidential records.

inspection by nor disclosed to any person, firm, corporation, association, or public agency, except that such records shall be available for inspection by authorities authorized by law to license child-placing agencies. Such records shall not be subject to judicial subpena in collateral proceedings, except that the licensed child-placing agency and the Commissioners, in accordance with rules and regulations promulgated hereunder, may make such records, or any information contained in such records, available (1) when the Commissioners or such agency determines that any information contained in such records shall promote or protect the interest and welfare of any child the Commissioners or such agency has served, and (2) for the purpose of research if adequate safeguards are taken against the disclosure or publication in any manner of the identity of any person contained in such records.”

Sec. 4.

Such Act is amended by inserting immediately after section 5 the following new section:

“Sec. 5A.

Notwithstanding the provisions of this Act, the Commissioners

Nonresident children.

are authorized to enter into agreements with any person, firm, corporation, association, or public agency licensed or authorized by a State or country for the care and placement of minors, permitting such person, firm, corporation, association, or public agency to place nonresident children in foster or adopting homes in the District of Columbia. The Commissioners shall act pursuant to regulations

D. C. Code 32–783.

D. C. Code 32–786.

promulgated as provided in section 3 of this Act.”

Sec. 5.

(a)

Section 6 of such Act is amended by striking out the second sentence thereof and inserting in lieu thereof the following new sentence: “Minority of a natural parent shall not be a bar to such parent’s relinquishment to a licensed agency. Any relinquishment of parental rights other than by court order as provided above, may be revoked upon the written consent of all the parties to said relinquishment and any such relinquishment may be transferred from one licensed child-placing agency to another licensed child-placing agency, in which case the second agency shall assume all the rights and duties of the first agency. For the purposes of this section, ‘licensed child-placing agency’ shall mean any child-placing agency licensed pursuant to this Act or any child-placing agency licensed or authorized by another State or country for the care and placement of minors. Such transfer or relinquishment shall be filed in the Office of the Clerk of the United States District Court for the District of Columbia, as hereinafter provided in this section.”

(b)

Section 6 of such Act is further amended by inserting “(a)” after “Sec. 6.” and by adding at the end thereof the following new subsection:

“(b)

The Commissioners or their designated agents are empowered to accept permanent care and guardianship of any child by a legally executed relinquishment of parental rights and when vested with such parental rights shall exercise them in the same manner as prescribed herein for a licensed child-placing agency. Such parental relinquishment taken by the Commissioners or their designated agents shall be subject to the same rights and requirements as to form, transfer, and disposition as are prescribed herein for a licensed child-placing agency.”

Sec. 6.

Such Act is amended by adding at the end thereof the following new section:

“Sec. 12.

Neither the Commissioners nor any child-placing agency

Service charges.

Restrictions.

authorized to perform services in connection with placing a child in a family home for adoption may make or receive any charge or compensation whatsoever for such services, except that a licensed child-placing agency which is organized and operated exclusively for religious or charitable purposes and no part of the net earnings of which can inure to the benefit of any private shareholder or individual, may be allowed to charge adoptive parents, within prescribed limits, for such services an amount not to exceed the average costs incurred; such average costs and prescribed limits to be determined in accordance with rules and regulations promulgated by the committee created

D. C. Code 32–783.

by section 3. Inability of adoptive applicants to pay for all or any part of such costs shall not be a disqualifying factor in determining whether applicants are suitable parents for the child.”

Sec. 7.

The amendments made by this Act shall take effect four

Effective date.

months after the date of its enactment, except that the amendment made by the first section shall take effect on the date of the enactment of this Act.

Approved June 8, 1954.

Parsed from the official Statutes at Large USLM XML in 68.xml