District Of Columbia § 16-2304 - Right to counsel; party status.
Full text of District Of Columbia D.C. Code § 16-2304 — Right to counsel; party status., with citation guidance and answers to common questions.
§ 16-2304. Right to counsel; party status.
16-2304A child alleged to be delinquent or in need of supervision is entitled to be represented by counsel at all critical stages of Division proceedings, including the time of admission or denial of allegations in the petition and all subsequent stages. If the child and his parent, guardian, or custodian are financially unable to obtain adequate representation, the child shall be entitled to have counsel appointed for him in accordance with rules established by the Superior Court. In its discretion, the Division may appoint counsel for the child over the objection of the child, his parent, guardian, or other custodian.
When a child is alleged to be neglected or when the termination of the parent and child relationship is under consideration, the parent, guardian, or custodian of the child named in the petition or in a motion to terminate is entitled to be represented by counsel at all critical stages of the proceedings, and, if financially unable to obtain adequate representation, to have counsel appointed in accordance with rules established by the Superior Court of the District of Columbia.
Every report required to be submitted to the Division by this chapter, or otherwise submitted to the Division in any proceeding, shall be served on all counsel and unrepresented parties by mail or by facsimile at the same time it is submitted to the Division.
The Division shall maintain a register of those attorneys who have expressed an interest in being appointed to represent parties or to serve as guardians ad litem in neglect proceedings, and shall attempt insofar as possible to make appointments from the register.
The following individuals, if there are any for the child, and their attorneys, shall be provided notice of, and an opportunity to be heard in, the neglect or termination proceedings:
The child’s current foster parent;
The child’s current preadoptive parent;
The child’s current legal guardian or kinship caregiver;
The child’s therapist; and
A relative or other individual with whom the child is currently placed pursuant to .
In addition to the requirements of subparagraph (A) of this paragraph, if the child has been living with a person other than the parent, the person shall receive notice of the neglect or termination proceedings and, if the child has been with them for 12 months or more, the person may, upon his or her request, be designated a party to the proceedings. If the child has been living with the person less than 12 months, upon the person’s request, the judge may, at his or her discretion, designate the person a party to the proceedings which pertain to the determination of neglected child as defined in . If the parent or other person party to the proceedings is financially unable to obtain adequate representation, counsel shall be appointed according to rules established by the Superior Court of the District of Columbia.
The Superior Court shall in every case involving a neglected child which results in a judicial proceeding, including the termination of the parent and child relationship pursuant to , appoint a guardian ad litem who is an attorney to represent the child in the proceedings. The guardian ad litem shall in general be charged with the representation of the child’s best interest.
Prior to appointment of counsel under this section, the eligibility of a child or other party to be represented by counsel shall be determined by the Division pursuant to rules established by the Superior Court of the District of Columbia.
There are authorized to be appropriated such funds as may be necessary for the administration of this section.
Annotations
Source: official District Of Columbia text · Last verified 2026-08-27
Frequently Asked Questions About District Of Columbia § 16-2304
What does D.C. Code § 16-2304 cover?
Section 16-2304 ("Right to counsel; party status.") is part of the D.C. Code, the codified statutory law of District Of Columbia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite District Of Columbia § 16-2304?
A common citation format is "D.C. Code § 16-2304" (District Of Columbia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of District Of Columbia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the District Of Columbia official source linked on this page or consult a licensed District Of Columbia attorney.
How does District Of Columbia § 16-2304 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in District Of Columbia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in District Of Columbia.