Unregulated Custody Transfers of Adopted Children - District of Columbia

Date: August 2022

Definitions

This issue is not addressed in the statutes reviewed.

Prohibited or Required Actions Regarding Custody

Citation: Ann. Code §§ 4-1405; 21-2301

No person other than the parent, guardian, or relative within the third degree, and no firm, corporation, association, or agency, other than a licensed child-placing agency, may place or arrange or assist in placing or arranging for the placement of a child under age 16 in a family home or for adoption. Any licensed child-placing agency may accept children for placement in family homes and shall have and maintain care, custody, and control of any such child until returned to the person from whom received or until responsibility for the child is transferred to another child welfare agency or terminated by the order of a court of competent jurisdiction.

The parent of a child may create a revocable custodial power of attorney that grants to another person any of the parent's rights and responsibilities regarding the care, physical custody, and control of the child, including the ability to do any of the following:

  • Enroll the child in school
  • Obtain from the school educational and behavioral information about the child
  • Consent to all school-related matters regarding the child
  • Consent to medical, psychological, or dental treatment for the child

The custodial power of attorney may not grant authority to consent to the marriage or adoption of the child.

The custodial power of attorney shall not affect the rights of the parent of the child in any proceeding concerning custody of the child or the allocation of parental rights and responsibilities for the care of the child.

Exceptions

This issue is not addressed in the statutes reviewed.

Consequences

This issue is not addressed in the statutes reviewed.