{"data":{"id":"us-dc/d.c.-code-16-2354","jurisdiction":"us-dc","citation":"D.C. Code § 16-2354","heading":"Motions.","body":"(a)\nExcept as provided by subsection (b)(3) of this section, a motion for the termination of the parent and child relationship may be filed by the District government or by the child through his or her legal representative.\n\n(b)\nA motion for the termination of the parent and child relationship:\n(1)\nMay be filed when the child who is the subject of the motion has been adjudicated neglected at least 6 months prior to the filing of the motion and the child is in the court-ordered custody of a department, agency, institution, or person other than the parent;\n(2)\nMay be filed immediately when, despite reasonable efforts, the parent could not be located for the fact finding hearing and during the period from the child’s removal from the home to the fact finding hearing; and\n(3)\nExcept as provided in subsections (c) and (g) of this section, shall be filed by the District government if:\n(A)\nThe child has been in court-ordered custody under the responsibility of the District for 15 of the most recent 22 months;\n(B)\nThe Division has determined the child to be abandoned;\n(C)\nA court of competent jurisdiction has determined that the parent has:\n(i)\nCommitted murder of a child sibling or another child;\n(ii)\nCommitted voluntary manslaughter of a child sibling or another child;\n(iii)\nAided or abetted, attempted, conspired, or solicited to commit such a murder or such a voluntary manslaughter; or\n(iv)\nCommitted a felony assault that has resulted in serious bodily injury to the child who is the subject of the petition, a child sibling, or another child; or\n(D)\nThe Division has determined the child to be subject to intentional and severe mental abuse.\n\n(c)\nThe District government shall seek to be joined as a party to a motion filed by the child if any of the factors in subsection (b)(3) of this section apply and the child has filed an adoption petition.\n\n(d)\nA motion for termination of the parent and child relationship shall include but not be limited to:\n(1)\nThe name, sex, date and place of birth, and current placement of the child;\n(2)\nThe name and title of the petitioner;\n(3)\nThe name and address of the child’s parent;\n(4)\nA plain and concise statement of the facts and opinions on which the termination of the parent and child relationship is sought;\n(5)\nA specification as to the health of the child;\n(6)\nA statement as to the general prospects for or the barriers, if any, to the adoption of the child; and\n(7)\nA statement as to the various efforts taken by the moving party to locate the parent of the child.\n\n(e)\nWhen any facts required pursuant to subsection (d) of this section are not known to the moving party, if he or she shall so state in the motion, or on a motion by any party, for good cause shown, the judge may direct the filing of a bill of particulars to inform the moving party of the precise nature of the allegations contained in the motion for the termination of the parent and child relationship.\n\n(f)\nThe Agency shall take steps to identify, recruit, process, and approve a qualified family for an adoption concurrently with the District government’s filing of the motion or its joinder to the petition.\n\n(g)\nThe District government need not file a motion if the Agency determines and has documented in the case plan that:\n(1)\nThe child is being cared for by an approved kinship caregiver and adoption is not the child’s permanency plan;\n(2)\nA compelling reason for determining that filing such a motion would not be in the best interest of the child; or\n(3)\nThe District has not offered or provided to the family of the child, consistent with the time period in the case plan, such services as the District deems necessary for the safe return of the child to the child’s home, if reasonable efforts are required to be made with respect to the child pursuant to § 4-1301.09a.","path":["Title 16. Particular Actions, Proceedings and Matters. [Enacted title]","Chapter 23. Family Division [Family Court] Proceedings.","Subchapter III. Proceedings Regarding the Termination of Parental Rights of Certain Neglected Children."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-2354","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"88153b1b88d3504cae1490c09127ceeb83ba40e7a077695f5a83f06d0b873c44","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-16-2353","next":"us-dc/d.c.-code-16-2355"},"notice":"GroundRules: Original legal text. Not legal advice."}