(a) After a motion for transfer has been filed, or after the Division has made findings pursuant to section 16-2317(c) sustaining the allegations of a petition and, in neglect cases, the conclusion that the child is neglected, the Division shall direct that a predisposition study and report to the Division be made by the Director of Social Services or a qualified agency designated by the Division concerning the child, the child’s family, the child’s environment, and other matters relevant to the need for treatment or disposition of the case. The predisposition report shall include, and take into consideration, any victim impact statement submitted by the victim and the victim’s immediate family members, the Director of Social Services, or by the Corporation Counsel. Except in connection with a hearing on a transfer motion, no predisposition study or report shall be furnished to or considered by the Division prior to completion of the factfinding hearing.
(b) The social investigation and plan for the family prepared pursuant to section 109 of the Prevention of Child Abuse and Neglect Act of 1977 shall satisfy the requirements of subsection (a) of this section. Such investigation and plan shall be made available to all counsel in the proceedings at least five (5) days prior to the date of trial; provided, however, that the investigation and plan shall not be furnished to or considered by the court prior to the completion of the fact-finding hearing.
(1) The report to the Division in neglect cases shall include, but not be limited to, the following information:
(A) the specific harms intervention is designed to alleviate;
(B) the plans for alleviating these harms including specific services, the proposed providers of the services recommended and the actions the parent, guardian, or custodian should take to alleviate these harms, including but not limited to parenting classes and family counseling if the Division orders either service.
(C) the estimated time in which the goals of intervention may be achieved or in which it will be known that the goals may not be achieved; and
(D) the criteria to be used to determine that intervention is no longer necessary; and,
(2) If the removal of the child from his parent, guardian, or custodian is recommended, the report shall also include:
(A) the recommended type of placement;
(B) the reasons why the child cannot be protected in his or her home;
(C) the likely harm the child will suffer as a result of the separation from his or her parent, guardian, or custodian and recommended steps to be taken to minimize this harm; and
(D) the plans for maintaining contact between the parent and child through visitation rights in order to maximize the parent-child relationship consistent with the well-being of the child.
(d) Following Court Social Services's or the Office of the Attorney General's notice to the Division of its recommendation to commit a child to the Department of Youth Rehabilitation Services ("Department"), and the Department receiving such notice, the Department shall:
(1) For a child detained or in shelter care pending the disposition hearing:
(A) Within 10 days (excluding Sundays and legal holidays), perform a validated risk and needs assessment;
(B) Prior to the predisposition meeting required by subparagraph (C) of this paragraph, make reasonable efforts to notify the child, the child's attorney, the child's parent, guardian, or custodian, a Department representative, a Court Social Services representative, a Child and Family Services Agency representative, if relevant, and any other individual requested by the Department, of the date, time, and location of the predisposition meeting;
(C) Convene a predisposition meeting to review the validated risk and needs assessment and any information on the child that the Department deems necessary, including evaluations, to begin the development of an individualized rehabilitation plan for the child; provided, that in the event that there are court ordered evaluations that have not been conducted and which the Department has not received prior to the convening of the predisposition meeting, the Department may delay the convening of the predisposition meeting until receipt of the evaluations; and
(D) No later than 2 days (excluding Sundays and legal holidays) before the dispositional hearing, provide the completed individualized rehabilitation plan to the Division, the Office of the Attorney General, Court Social Services, the child, the child's attorney, and the child's parent, guardian, or custodian.
(2) For a child in the community pending the disposition hearing:
(A) Within 10 days (excluding Sundays and legal holidays), perform a validated risk and needs assessment;
(B) No later than 5 days (excluding Sundays and legal holidays) before the predisposition meeting required by subparagraph (C) of this paragraph, make reasonable efforts to notify the child, the child's attorney, the child's parent, guardian, or custodian, a Department representative, a Court Social Services representative, a Child and Family Services Agency representative, if relevant, and any other individual requested by the Department, of the date, time, and location of the predisposition meeting;
(C) Within 25 days (excluding Sundays and legal holidays) or when all court ordered evaluations have been conducted and received by the Department, convene a predisposition meeting to review the validated risk and needs assessment and any information on the child that the Department deems necessary, including evaluations, to begin the development of an individualized rehabilitation plan for the child; and
(D) No later than 2 days (excluding Sundays and legal holidays) before the dispositional hearing, provide the completed individualized rehabilitation plan to the Division, the Office of the Attorney General, Court Social Services, the child, the child's attorney, and the child's parent, guardian, or custodian.
(d-1) For a validated risk and needs assessment required by subsection (d) of this section, the Department shall use a culturally and gender-informed instrument that identifies and evaluates:
(1) The static and dynamic risk factors that inform the likelihood that the child will continue to engage in delinquent acts or criminal offenses over a specific period of time;
(2) The protective factors relating to the child or their environment that reduce the likelihood that the child will continue to engage in delinquent acts or criminal offenses over a specific period of time;
(3) The criminogenic and non-criminogenic needs factors that, if identified, targeted, and properly treated, reduce the likelihood that the child will continue to engage in delinquent acts or criminal offenses over a specific period of time; and
(4) Any other factors that may bear on the nature, duration, components, and objectives of an individualized rehabilitation plan.
(e) At the predisposition meeting required by subsection (d) of this section, the Department shall:
(1) Allow the child, the child's attorney, the child's parent, guardian, or custodian, the Department representative, a Court Social Services representative, a Child Family Services Agency representative, if relevant, and any other individual requested by the Department an opportunity to participate; and
(2) Review all pertinent circumstances in the child's background and shared by participants to begin the development of the individualized rehabilitation plan.
(f) When a child has been adjudicated delinquent and a dispositional order has been entered by the Division under §§ 16-2317 and 16-2320 transferring legal custody of a child to the Department, or a change in placement has been made pursuant to Chapter 12 of Title 29 of the District of Columbia Municipal Regulations (29 DCMR § 1200 et seq. ) or any other provision of law, the Department shall implement the individualized rehabilitation plan required by subsection (d) of this section upon placement.
(g) The Division may, on its own motion, on the motion of any party, or at the request of the Department, for good cause shown, extend the time periods set forth in subsections (d) and (f) of this section for completion of the validated risk and needs assessment and the individualized rehabilitation plan.