{"data":{"id":"us-dc/d.c.-code-16-4805","jurisdiction":"us-dc","citation":"D.C. Code § 16-4805","heading":"Petition for approval of standby guardianship.","body":"(a)\nA petition for court approval of a designation under this chapter may be made at any time by filing with the Court the petition and a copy of the designation.\n(1)\nIf the triggering event has not occurred at or before the time of filing, only the designator may file the petition.\n(2)\nIf the triggering event has occurred at or before the time of filing, the standby guardian or alternate standby guardian named in the designation may file the petition.\n\n(b)\nThe petitioner shall state in the petition, under oath, the following:\n(1)\nThe name and address of the designator;\n(2)\nThe name, address, telephone number, and date of birth of the standby guardian who will obtain or has obtained custody of the child and any alternate standby guardian designated in the designation;\n(3)\nThat the authority of the standby guardian shall become effective upon the earliest occurrence of any one of the following events:\n(A)\nThe designator’s debilitation, with the designator’s acknowledgement of debilitation and written consent to commencement of the standby guardianship;\n(B)\nDetermination of incapacity of the designator;\n(C)\nThe designator’s death; or\n(D)\nAn adverse immigration action against the designator.\n(4)\nA statement that the designator experienced an adverse immigration action or suffers from a chronic condition caused by injury, disease, or illness from which, to a reasonable degree of probability, the designator may not recover, and the basis for the statement, such as the date and source of medical diagnosis, without requiring the identification of the injury, disease, or illness in question;\n(5)\nIf incapacity is the triggering event, a determination of the designator’s incapacity, signed and dated by the attending clinician;\n(6)\nIf debilitation is the triggering event, the designator’s acknowledgement of the debilitation and consent to commencement of the standby guardianship, signed and dated by the designator;\n(7)\nIf death is the triggering event, the certificate of death for the designator;\n(7A)\nIf an adverse immigration action is the triggering event, documentation demonstrating that an adverse immigration action occurred;\n(8)\nThe full name and date of birth of the child who is the subject of the designation;\n(9)\nThe name and address of any other parent of the child whose identity and whereabouts are known to the petitioner or can be reasonably ascertained;\n(10)\nConsent of the other parent, or a statement of any known reasons why that parent is not assuming or should not assume responsibility for the child;\n(11)\nWhether there is any prior judicial history regarding custody of the child or any pending litigation regarding custody of the child;\n(12)\nA brief statement as to why the granting of the petition would be in the best interest of the child who is the subject of the designation;\n(13)\nThe names and addresses of all persons who have lived with the child who is the subject of the designation for the 5 years immediately preceding the date the petition was filed or since the child’s birth, if the child is less than 5 years old at the time the petition was filed; and\n(14)\nA request that the court approve the designation.\n\n(c)\nThe standby guardian petitioning the court shall attach to the petition the following documentation or provide an explanation, under oath, as to why such documents are not attached:\n(1)\nA copy of the designation;\n(2)\nProof of the triggering event;\n(3)\nThe child’s birth certificate;\n(4)\nProof of notice of the petition and hearing, as required by this chapter; and\n(5)\nConsent of the other parent, or a statement of any known reasons why that parent is not assuming or should not assume responsibility for the child.\n\n(d)\nIf filed after the triggering event, the petition shall be filed as soon as practicable after the occurrence of the triggering event, but in no event later than 90 days after the triggering event.\n\n(d-1)\nExcept by order of the Court, no records in an action filed on or after July 31, 2019, over which the Court has jurisdiction under this section shall be open to inspection by anyone other than the parties or authorized Court staff. The Court, upon a proper showing of reasonable grounds, may furnish certified copies of the records, or portions thereof, to the parties.\n\n(e)\nThe authority of the standby guardian shall cease upon his or her failure to file the petition within 90 days, but shall recommence upon the filing of the petition.","path":["Title 16. Particular Actions, Proceedings and Matters. [Enacted title]","Chapter 48. Standby Guardianship."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-4805","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"31fa33de332a2cfbdd46ea4a571ca6edd303824bae18d9b3ce019e52b579fdeb","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-16-4804","next":"us-dc/d.c.-code-16-4806"},"notice":"GroundRules: Original legal text. Not legal advice."}