briefly and in delinquency cases shall include reference to the specific statute or ordinance on which the charge is based; and in delinquency or in need of supervision cases shall include a statement that the child appears to be in need of care or rehabilitation. It is contemplated that the rules of the Superior Court may specify any additional facts and information to be included in petitions but shall not ignore the need for brevity, for simplification, necessitated by the time limit provided for the filing of petitions.

The Corporation Counsel shall file the petition to initiate judicial action by the Family Division. With the single exception provided for in the case of a child who is in custody in section 16-2309, all petitions are to be filed within 5 days after a complaint is referred to the Director of Social Services. Petitions may be amended with leave of the Division on motion of the child or the Corporation Counsel at any time prior to the conclusion of the fact finding hearing, and the court shall give parties notice of the amendment and additional time to prepare their case when necessary.

Section 16-2304 is designed to meet the notice requirements of In re Gault. It applies in all cases except when, at the time the petition is filed, the child is in custody and section 16-2309 requires that there be a detention or shelter care hearing. Under section 16-2304, when a petition is filed, the Division shall set a time for initial appearance and direct the issuance of summonses. A copy of the petition is to be served with the summons, in delinquency or need of supervision cases, upon the child and his spouse (if any) and his parent, guardian, or other custodian; and in neglect cases, upon the parent, guardian, or other custodian. Where appropriate, the Division may order service on other persons such as an older child in a neglect case or a member of the family. The summons must set forth the right to counsel as provided in proposed section 16-2302.

On request of the Corporation Counsel the Division may include in the summons an order that the parent, guardian, or custodian of the child personally appear, and directing the persons having physical custody of the child to bring him to the hearing. If the child should be taken into custody under the criteria of section 16-2306, or may leave or be removed from the jurisdiction, or it appears he will not be brought to the hearing, the Division may endorse on the summons an order that he be taken into custody, whereupon the provisions of sections 16-2306 to 16-2308 shall apply.

Section 16-2305 provides for an initial appearance before a judge no later than 5 days after a petition has been filed. At this appearance the child or parent will be advised of the right to counsel. Counsel may be appointed at this time if not previously retained or appointed. At the appearance the child or parent may admit or deny the allegations (plead), and the Division can schedule the next hearing. The initial appearance is not a probable cause hearing. In cases where a child is in custody there would not be a separate initial appearance, since it would be combined with the detention or shelter care hearing in all cases where, either before or at the time of the initial appearance, a detention or shelter care hearing was required by section 16-2309.

Section 16-2306 describes the circumstances under which a child may be taken into custody. It restates the authority of existing law in

narrower and more specific terms. Custody is authorized (1) when directed by order of the Division endorsed on a summons or issued as a warrant when a child has failed to appear; (2) by a law enforcement officer when he has reasonable grounds to believe that a child has committed a delinquent act; (3) by a law enforcement officer when there are reasonable grounds to believe the child is ill, injured, or in immediate danger from his surroundings and the removal from those surroundings is necessary; and (4) by a law enforcement officer when there are reasonable grounds to believe the child has run away from his parent, guardian or other custodian.

Section 16-2307 restricts the circumstances under which a child may be taken into custody prior to a factfinding hearing on the allegations of the petition. A child is to be taken into custody before adjudication only when clearly necessary. Thus, in the case of a child who is alleged to be delinquent or in need of supervision, he can only be detained where it appears from available information that detention is required (1) to protect the person or property of others or of the child or (2) to secure his presence at the next court hearing. The child may be placed in shelter care unless it appears from available information that shelter care is required (1) to protect the person of the child or (2) because the child has no responsible adult to provide supervision and care for him and the child appears unable to care for himself. It is further provided that the rules of the superior court shall spell out in further detail both the applicable criteria and the procedures for detention in light of the statutory criteria as refined.

Section 19-2308 provides that a person taking a child into custody must release him to his parent, guardian, or custodian upon their promise to bring him before the Division when requested, unless one of the criteria of section 16-2307 exists. If a criterion for detention exists, the child is to be taken to the Director of Social Services, or to a hospital or other medical facility if he appears to require treatment. or diagnosis either for his own health or for evidentiary purposes. Whenever a child is taken into custody, notice of that fact together with the reason for custody must be given promptly to the Corporation Counsel and the child's parent, guardian, or custodian (if known); such notice need not be in writing.

Whenever a child is taken to the Director of Social Services, the Director must review the need for custody prior to the admission of the child to the place of detention or shelter care. If they are not satisfied that grounds for custody exist the child must be released to his parent, guardian, or custodian. If the child is not released, the Director is to advise him of his right to counsel under section 16-2302. When a child has been released on the promise of his parent, guardian, or custodian that he will appear, the Division may issue a custody warrant for the child if he fails to appear.

This section specifically contemplates that the Director of Social Services, or his authorized representative, will be physically available at the place or places of detention or shelter care in order to make the required review of the decision to detain a child before he is actually placed in a detention or shelter care facility. Similarly it is contemplated that for the Director to make an intelligent review of the decision to detain a child it will be necessary for him to have access to the records of the Family Division to determine if the Division

has any prior information about the child in question. Court rules should specify the procedures for compliance with this section.

The provision for diagnostic examination as well as medical treatment serves both a health and an evidentiary purpose. If a child can be taken to a medical facility only for obvious physical illness, the danger that other serious illness or injury may go undetected is increased. Experienced personnel may be aware that certain reactions in a diabetic produce behavior which can be mistaken for drunkenness but which actually requires prompt diagnosis and treatment to prevent serious danger to health. It is preferable to take a child directly to a health facility to determine the cause of his behavior in such instances than to take him to the detention home and risk serious illness.

The provision for diagnosis for evidentiary purposes is particularly important where the physical evidence will certainly disappear with the passage of time-rape and drug cases being obvious examples. It can be equally important where the child is a victim of a criminal act. Section 16-2309 requires that if a child is not released as provided in section 16-2308 to his parent but is kept in custody he shall be given a court hearing on his detention not later than the next day (exclud ing Sundays) after he has been taken into custody or transferred from another court pursuant to D.C. Code, section 11-1103. The hearing itself will encompass the functions of an initial appearance (see sec. 16-2305) but will also involve a determination of probable cause as well as of the need for detention. For good cause shown, the determination of probable cause only may be postponed for a maximum of 5 days. If the detention or shelter care hearing is not commenced within the time limit specified, the child is entitled to be released from custody upon motion by or on his behalf.

Prompt notice of the hearing is to be given to the parent, guardian or custodian and the child and his spouse (if any) if delinquency or need of supervision is alleged. If neglect is alleged, notice is to be given to the child, and to his parent, guardian, or custodian named in the petition if he can be found. The petition must be filed prior to the hearing, and counsel for the child, or also for the parent, guardian, or custodian in neglect cases, is entitled to a copy of the petition before the hearing begins.

At the beginning of the hearing the judge must advise the parties of the contents of the petition and of the right to counsel. At this time counsel shall be appointed unless counsel has already entered his appearance in the case. The child, or in neglect cases the parent, will be given an opportunity to admit or deny the allegations of the petition if he has not previously done so at an initial appearance. When counsel announces he is ready, the judge will hear evidence presented by the Corporation Counsel as to whether there is probable cause to believe the allegation in the petition and whether the child should be placed or continued in detention or shelter care. The child or parent may also present evidence and be heard. After hearing the judge will either release the child or continue the detention. In either case he must set forth in writing the reasons for his decision.

If the child is released the judge may set any one or more of the following conditions: (1) placement in the custody of the parent or under the supervision of an individual or agency; (2) restriction on

the child's travel, activities or place of abode; (3) any other condition necessary to assure the child's appearance at hearing or his protection from harm (including a requirement that he return to the physical custody of the parent after certain hours, i.e., a curfew). Such an order is subject to amendment or modification at any time.

If a child is held in detention and his parent guardian or custodian did not have notice of the hearing, the Division may, in the interest of justice, conduct a new hearing as to be provided by court rules. The judge who holds the detention hearing will not be permitted to conduct the factfinding hearing (trial) if the parent or child objects.

Section 16-2310 specifies the type of detention or shelter care to be used for each category of child before the Family Division. Prior to disposition, a child alleged to be neglected may be placed only in a foster home, group home, youth shelter or other home for nondelinquents, or a shelter care (nonsecure) facility designated by the Division. He may not be placed in a detention home for allegedly delinquent children or those alleged to be in need of supervision. A child alleged to be in need of supervision may be placed prior to disposition in a foster home, group home, youth center or other home for allegedly delinquent children, or a detention (secure) facility for allegedly delinquent children or children alleged to be in need of supervision. He may not be detained in such a (secure) facility if he would be mixing with children adjudicated delinquent, except on specific order of the Division. A child who is alleged to be delinquent may be detained prior to disposition at any place a child alleged to be in need of supervision could be detained. No child may be detained in a jail or other adult facility except under the following circumstances: (1) If he is transferred for trial as an adult he may be transferred to an adult facility; and (2) if he is alleged to be delinquent, is 16 or over, and is beyond the control of the juvenile detention authorities and a menace to the other children, he may be transferred to an adult facility provided he is kept separate from adults. If a child is first taken to a jail or adult facility (such as when his age is unknown at the time of arrest) he is to be immediately transferred either to the Director of Social Services or directly to the detention home.

This section also provides that any child may be temporarily transferred to a medical facility for care and if ordered by the Division, any child may be temporarily transferred to a facility for mental or physical examination.

Section 16-2311 permits counsel for a child alleged to be delinquent or in need of supervision and the Corporation Counsel, prior to adjudication and with the Division's consent, to enter into an agreement for a form of "pretrial probation." On motion of the Corporation Counsel, the Division would enter a consent decree suspending the proceedings and placing the child under supervision for a 6-month period subject to specific terms and conditions to be established by rule of court. The child could be discharged from supervision prior to the expiration of the decree by the Director of Social Services. The decree could also be extended by the Division, after notice and hearing, for an additional 6 months. If the child meets all the terms and conditions of the decree, the petition against him must be dismissed without adjudication. If he does not, or a new petition is filed against him, the Corporation Counsel could, after consultation with the Director of Social Services, reinstate

the original petition and proceed to adjudication and disposition. The consent decree procedure is available only if the child has counsel and neither the child or the Corporation Counsel object.

Section 16-2312 authorizes the Division to order the physical or mental examination of a child any time after the petition has been filed upon motion by the Corporation Counsel or counsel for the child. Examinations are to be performed on an outpatient basis wherever possible, but if necessary a child may be committed to a medical facility or institution for a period up to 30 days. For good cause shown, the Division shall extend commitment for additional periods of not more than 30 days. Only two such extensions are permitted.

If as a result of an examination the Division determines that a child alleged to be delinquent is incompetent to participate in the proceedings by reason of mental illness or substantial retardation, the Division is to suspend further proceedings and the Corporation Counsel shall initiate civil commitment proceedings under chapter 5 or 11 of title 21, D.C. Code. The exception to this rule is when a motion for transfer for criminal prosecution has been filed under D.C. Code, section 11-1104 and the Division finds a child alleged to be delinquent is incompetent to participate in the transfer proceedings by reason of mental illness. In such a case the child is to be confined to a suitable hospital or facility until his competency is restored, if, prior to his turning 21, it appears he will not regain his competency the Corporation Counsel shall initiate civil commitment proceedings under chapter 5 of title 21, D.C. Code.

If a child alleged to be in need of supervision or neglected is found to be incompetent, the Division must suspend further proceedings, whereupon the Corporation Counsel may initiate commitment proceedings under chapter 5 or 11 of title 21, D.C. Code.

The results of a physical or mental examination are admissable at civil commitment proceedings, transfer hearings or dispositional hearings. They may be admitted into evidence at factfinding hearings only in determining a material fact, such as physical or mental capacity to do a certain act or physical condition of a child alleged to have been beaten, but not for the purpose of establishing a defense of noninvolvement by reason of insanity.

If a child is found to be neglected, the Division may also order the physical or mental examination of the parent, guardian or custodian for use at a dispositional hearing to determine his ability to care for the child.

Section 16-2313 provides for the Division to hear and adjudicate all petitions without a jury and describes the role of the Corporation Counsel in representing the District with respect to all petitions filed. It requires that only competent material and relevant evidence be admitted at factfinding hearings but permits material and relevant evidence to be admitted at detention, transfer, and dispositional hearings even though not competent (e.g., hearsay). It also requires that all hearings be recorded and that the general public be excluded from all but contempt proceedings. The Division may, however, pursuant to court rule permit interested parties (such as the press or researchers) to be admitted if they agree not to identify the child or members of his family. The Division may also temporarily exclude a child from any proceedings other than a factfinding hearing if it is in his own best