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A BILL 1
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26-399 3
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 6
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_________________________ 8
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To amend Chapter 23 of Title 16 of the District of Columbia Official Code to establish an 11
additional permanency pathway that includes a circle of caring adults who provide 12
support and legal relationships for young people ages 16 and older as they transition from 13
foster care to adulthood. 14
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 16
act may be cited as the “Support, Opportunity, Unity, Legal Relationships (SOUL) Amendment 17
Act of 2025”. 18
Sec. 2. Chapter 23 of Title 16 of the District of Columbia Code is amended as follows: 19
(a) The table of contents is amended by adding a new subchapter designation to read as 20
follows: 21
“Subchapter VII. Support, Opportunity, Unity, Legal Relationships. 22
Ҥ 16-2399.21. Definitions. 23
Ҥ 16-2399.22. Selecting SOUL as a Permanency Plan. 24
Ҥ 16-2399.23. Motion to Establish a SOUL Family. 25
Ҥ 16-2399.24. Allocation of Rights and Responsibilities. 26
Ҥ 16-2399.25. SOUL Family Agreement. 27
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Ҥ 16-2399.26. Parties to a SOUL Family Proceeding. 28
Ҥ 16-2399.27. Notice. 29
Ҥ 16-2399.28. Conduct of Hearings. 30
Ҥ 16-2399.29. Adjudicatory Hearings. 31
Ҥ 16-2399.30. Effect of a SOUL Family Order. 32
Ҥ 16-2399.31. Jurisdiction. 33
Ҥ 16-2399.32. SOUL Family Order РFinality, Appeals, Transcripts. 34
Ҥ 16-2399.33. Confidentiality of Records. 35
Ҥ 16-2399.34. Unlawful Disclosure. 36
Ҥ 16-2399.35. Modification of a SOUL family Order. 37
Ҥ 16-2399.36. Subsidy. 38
“§ 16-2399.37. Rules.”. 39
(b) A new subchapter (VII) is added to read as follows: 40
“Subchapter VII. SOUL Permanency Option. 41
Ҥ 16-2399.21. Definitions. 42
“For purposes of this subchapter, the term: 43
“(1) “SOUL Caregiver” means an adult who is not the youth’s birth parent and who is 44
committed to providing housing for the youth, meeting the basic needs of the youth, and holding 45
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rights and taking on responsibilities to care for the youth as specified in the SOUL family 46
agreement. 47
“(2) “Parent and child relationship” is as defined in §16–2352(a-1) 48
“(3) “SOUL” means a permanency plan for a youth in the care and custody of the Agency 49
that allows the youth to establish a legal relationship with a SOUL family, without terminating 50
existing familial legal relationships. 51
“(4) “SOUL Supporter” means an adult who is committed to holding rights and 52
responsibilities to care for the youth as specified in the SOUL family Agreement. 53
“(5) SOUL family” means a legal relationship between a youth, a caregiver and either a 54
caregiver or SOUL supporter. The SOUL family may include additional caregivers and SOUL 55
supporters. 56
“(6) “Youth” means an individual who: 57
“(A) Is sixteen years of age or older; 58
“(B) Has been adjudicated to be neglected pursuant to § 16-2317; and 59
“(C) Is in the care and custody of the Agency. 60
Ҥ 16-2399.22. Selecting SOUL as a Permanency Plan. 61
“(a) Unless the Family Court determines that changing the permanency plan is not in the 62
best interests of the youth, the Family Court, after giving all parties the opportunity to be heard, 63
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shall change the permanency goal to SOUL if the youth requests that the Family Court change 64
their permanency plan to SOUL by: 65
“(1) Appearing in court and making the request on the record; 66
“(2) Submitting a proposed SOUL family form signed by the youth and their legal 67
counsel; 68
“(3) Executing an affidavit signed by both the youth and legal counsel stating the 69
request; or 70
“(4) Filing a motion to change the permanency plan. 71
“(b) If the court determines that changing the permanency plan to SOUL is not in the best 72
interests of the child, the court shall state its basis in writing. 73
Ҥ 16-2399.23. Motion to Establish a SOUL Family. 74
“(a) A SOUL family proceeding shall be initiated by the filing of a motion to establish a 75
SOUL family for a youth with a pending neglect case under § 4–1321.01 et seq. 76
“(b) A motion to establish a SOUL family may only be filed by the youth, with the 77
assistance of a legal counsel, as needed. 78
“(c) A motion to establish a SOUL family shall include: 79
“(1) A description of the proposed SOUL family, identifying each member of the 80
SOUL family by name and role; 81
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“(2) A statement explaining why the establishment of the proposed SOUL family 82
is in the youth’s best interest; 83
“(3) Written consents, if any, to the proposed SOUL family; and 84
“(4) A proposed SOUL family agreement that is signed by all parties and meets 85
the requirements of §16-2399.25. 86
“(d) Notwithstanding subsection (c)(4) of this section, the youth may file a motion to 87
establish a SOUL family if all parties do not sign the SOUL family agreement. The motion shall 88
identify the party who does not agree. 89
“(e) The party who does not agree may file a praecipe or addendum alerting the court to 90
the points of disagreement, the reasoning, and the efforts to resolve the disagreement. 91
“(f) If the guardian ad litem does not support the SOUL family agreement as being in the 92
best interest of the youth, the court shall appoint a stated interest attorney to assist the youth with 93
the SOUL family proceeding. The guardian ad litem shall continue to represent the best interest 94
of the youth. 95
Ҥ 16.2399.24. Allocation of Rights and Responsibilities. 96
“(a) Unless the court specifies otherwise, one or more SOUL caregivers shall maintain 97
physical custody of the youth until they are 18 years of age. 98
“(b) The SOUL family shall determine the allocation of the following legal custody rights 99
amongst the members of the SOUL family until the youth is 18 years of age: 100
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“(1) Access to information related to the youth’s education; 101
“(2) The right to make educational decisions when a decision by a parent is 102
required by law, regulation, or policy; 103
“(3) Access to information related to the youth’s physical or mental health; 104
“(4) Consent to health care when consent of a parent is required by law, 105
regulation, or policy; 106
“(5) Authorize release of information when consent of a parent is required by law, 107
regulation, or policy; 108
“(6) Make financial decisions when a decision by a parent is required by law, 109
regulation, or policy; 110
“(7) Consent to social and school activities of the child; and 111
“(8) Consent to military enlistment. 112
“(c) Rights specified in subsection (b) of this section that are not allocated to a member of 113
the SOUL family shall remain with the incumbent rights holder, including the youth’s birth 114
parents and any other such individual(s) or agency who held rights at the time the youth entered 115
into the SOUL family agreement, until the youth is 18 years of age. 116
“(d) Notwithstanding subsection (b) of this section, the youth retains all existing legal 117
rights or capacity to make education, medical, or financial decisions for themselves. 118
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“(e) The SOUL family shall determine the allocation of the following responsibilities 119
concerning the youth amongst the SOUL family. 120
“(1) Provide housing; 121
“(2) Provide food, clothing, transportation, and meet any other basic needs of the 122
youth; 123
“(3) Provide support for the youth’s education; 124
“(4) Support the youth’s physical and mental health and well-being; 125
“(5) Offer the youth guidance and consistent support through challenges; and 126
“(6) Support the development of financial management, problem-solving, and 127
independent living skills by the youth. 128
“(f) If a SOUL family has more than one caregiver, a lead SOUL caregiver shall be 129
designated. If there is a disagreement concerning the rights and responsibilities concerning the 130
youth or any other aspect related to the care of the youth, the lead SOUL caregiver shall make 131
the final decision if the youth is less than 18 years of age. 132
Ҥ 16.2399.25. SOUL Family Agreement. 133
“(a) The process for developing the proposed SOUL family Agreement shall be youth-134
driven, with support, guidance, and structure from the Agency. 135
“(b) The proposed SOUL family Agreement shall include: 136
“(1) The allocation of rights and responsibilities among the SOUL family; 137
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“(2) Designation of a lead SOUL caregiver, if there is more than one SOUL 138
caregiver; 139
“(3) A statement that the SOUL caregiver or lead SOUL caregiver, if there is 140
more than one SOUL caregiver, shall make the final decision if members of the SOUL family 141
are in disagreement concerning the rights and responsibilities listed in § 16-2399.24, or any other 142
aspect related to the care of the youth under the age of 18; 143
“(4) A summary of the financial responsibilities and expectations of the youth and 144
the SOUL family members, including how the subsidy funds may be distributed; 145
“(5) A description of any resources or ongoing supports the Agency agrees to 146
provide to support the SOUL family; 147
“(6) Information regarding Agency, District, state, federal or other public benefit 148
programs that the youth may: 149
“(A) Be eligible for if they remained committed to the legal custody of the 150
Agency; and 151
“(B) Retain eligibility for after closure of the neglect case. 152
“(7) Details regarding how establishing the SOUL family and the payment of the 153
subsidy may impact the eligibility of the youth and their SOUL family members for other public 154
benefits; and 155
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“(8) Any other agreements or terms identified by the youth or SOUL family 156
members as being important to having shared expectations of how the SOUL family shall work. 157
“(c) The proposed SOUL family agreement shall be signed by: 158
“(1) The youth; 159
“(2) All SOUL family members acknowledging their agreement to the SOUL 160
family agreement including the allocation of rights and responsibilities with respect to the youth; 161
“(3) The guardian ad litem, acknowledging that they have provided legal advice 162
and counseling to the youth and the proposed SOUL family agreement serves the youth’s best 163
interest; and 164
“(4) The Agency, acknowledging their agreement to the subsidy provisions and to 165
any additional commitments named; and 166
“(d) At any time between the filing of this motion and the issuance of a final order 167
establishing the SOUL family, the Family Court or any party to the SOUL family agreement may 168
request an amendment to the proposed SOUL family agreement. 169
Ҥ 16-2399.26. Parties to a SOUL Family Proceeding. 170
“(a) The parties to a SOUL family proceeding shall include: 171
“(1) The youth; 172
“(2) The youth’s parent, provided they retain legal rights; 173
“(3) All proposed SOUL caregivers; 174
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“(4) The District of Columbia, including the Child and Family Services Agency 175
and the Office of the Attorney General; and 176
“(5) The guardian ad litem. 177
“(b) A proposed SOUL Supporter shall be provided notice of, and an opportunity to be 178
heard in the SOUL Family proceedings. 179
“(c) The Agency may, upon request, provide support for a SOUL caregiver to access 180
legal representation. 181
“(d) The Family Court may, at its discretion, join other parties on its own motion or in 182
response to a motion for joinder or intervention. 183
Ҥ 16-2399.27. Notice. 184
“(a) When a motion to establish a SOUL family is filed, the Family Court shall promptly 185
set a time for an adjudicatory hearing and shall cause notice thereof to be given to all parties. 186
“(b) The Family Court shall direct the issuance to and personal service upon the youth’s 187
parents of a summons and a copy of the motion to establish a SOUL family. 188
“(c) When it is appropriate to the proper disposition of the case, the Family Court may 189
direct the service of a summons upon other persons. 190
“(d) If personal service under this section cannot be effected, then notice shall be made 191
constructively pursuant to rules of the Superior Court of the District of Columbia. 192
Ҥ 16-2399.28. Conduct of Hearings. 193
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“(a) All hearings and proceedings conducted pursuant to this subchapter shall be held by 194
a judge, without a jury. 195
“(b) All hearings and proceedings conducted pursuant to this subchapter shall be recorded 196
by appropriate means. 197
“(c) Except in hearings to declare a person in contempt of Family Court, the general 198
public shall be excluded from hearings and proceedings arising pursuant to this subchapter. Only 199
persons necessary to such hearings and proceedings shall be admitted, but the Family Court may, 200
pursuant to rules of the Superior Court of the District of Columbia, admit such other persons as 201
having a proper interest in the case or the work of the Division on the condition that they refrain 202
from divulging information identifying the child involved in the proceedings or members of their 203
family. 204
“(d) To enable participation by the youth and all members of the proposed SOUL family, 205
the Family Court and the Agency will work closely with these parties to schedule any hearings or 206
proceedings. 207
Ҥ 16-2399.29. Adjudicatory Hearings. 208
“(a) An adjudicatory hearing on the motion to establish a SOUL family shall be 209
scheduled to occur within 90 days following the filing of the motion. 210
“(b) The Family Court shall begin the adjudicatory hearing by determining whether all 211
parties are present and whether proper notice of the hearing has been given. 212
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“(1) If a parent has been given proper notice but fails to appear, the Family Court 213
may proceed in the parent’s absence. 214
“(2) The Family Court may not proceed without the youth or any of the members 215
of the proposed SOUL family. 216
“(c) Each party shall have the right to present evidence, to be heard on his or her own 217
behalf, and to cross-examine witnesses called by another party. The Family Court may direct the 218
Agency to submit a summary report or provide testimony establishing that the Agency 219
completed background and safety checks and addressed any safety-related concerns. 220
“(d) The moving party, the youth, shall have the burden of proving by a preponderance of 221
the evidence that the proposed SOUL family is in the youth’s best interest. 222
“(e) In considering whether to grant the motion to establish the proposed SOUL family, 223
the Family Court shall take into account all relevant, material, and competent evidence presented 224
at the adjudicatory hearing. Neither the spouse or domestic partner privilege nor the physician-225
client or mental health professional-client privilege shall be a ground for excluding evidence. 226
“(f) In its determination of whether to grant the motion to establish the proposed SOUL 227
family, the Family Court shall consider whether the proposed SOUL family is in the youth’s best 228
interest, based on the following factors: 229
“(1) The youth’s need for a stable and permanent home, adequate care that meets 230
their specific needs, and consistent and reliable caregivers; 231
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“(2) The physical, mental, and emotional health of all individuals involved to the 232
degree that each affects the welfare of the youth, the decisive consideration being the physical, 233
mental, and emotional needs of the youth; 234
“(3) The quality of interaction and interrelationship of the youth with their 235
parent(s), siblings, relatives, caregivers, and the proposed SOUL family members; 236
“(4) The terms of the proposed SOUL family agreement, including whether: 237
“(A) The allocation of rights and responsibilities amongst the members of 238
the proposed SOUL family is feasible and reasonable, considering the circumstances of the youth 239
and all members of the SOUL family; 240
“(B) The fulfillment of the proposed SOUL family agreement ensures the 241
youth has a stable home and their basic needs are met; and 242
“(C) The fulfillment of the proposed SOUL family agreement promotes 243
the youth’s well-being and growth toward independent adulthood; 244
“(5) The youth’s opinion of their own best interests in the matter; and 245
“(6) The impact on the youth of remaining in the care and custody of the Agency. 246
“(g) The Family Court may modify the proposed SOUL family agreement to more fully 247
support the best interests of the youth if all parties to the SOUL family agreement consent to the 248
modifications. 249
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“(h) At any time between the filing of this motion and the issuance of a final order 250
establishing the SOUL family, the Family Court or any party to the SOUL family agreement may 251
request amendments to the proposed SOUL family agreement. 252
“(i) After considering all of the evidence presented, and after making a determination 253
based upon a preponderance of the evidence that the proposed SOUL family is in the youth’s 254
best interest, the Family Court shall issue an order establishing the proposed SOUL family and 255
closing the neglect case, however the Family Court may not issue the order establishing the 256
proposed SOUL family until the following circumstances are met: 257
“(1) The youth has been living in the proposed SOUL family arrangement for at 258
least 6 months; and 259
“(2) The youth requests case closure. 260
“(j) If the Family Court determines, upon a party’s request or at its own discretion, that 261
additional time or evidence is necessary to determine whether the proposed SOUL family is in 262
the youth’s best interest, the Family Court may continue the adjudicatory hearing at a later date. 263
“(k) A youth’s parent or individual(s) who previously held parental rights at the time the 264
youth entered into the foster care system may object to the transfer of any rights they hold 265
under law and have those objections duly considered by the Family Court and addressed 266
in written findings. 267
Ҥ 16-2399.30. Effect of a SOUL family Order. 268
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“(a) A final order establishing a SOUL family shall incorporate the entirety of the SOUL 269
family Agreement. 270
“(b) The entry of a SOUL family order closes the neglect case. 271
“(c) The entry of a SOUL family order does not terminate the parent and child 272
relationship, including: 273
“(1) The right of the child to inheritance; 274
“(2) The parents’ right to consent to the child’s adoption prior to the child 275
attaining the age of 18; 276
“(3) The parents’ right to determine the child’s religious affiliation prior to the 277
child attaining the age of 18; 278
“(4) The parents’ right to visit or contact the child (except as limited by the 279
Family Court) prior to the child attaining the age of 18; and 280
“(5) The parents’ responsibility to provide financial, medical, and other support 281
for the child.” 282
“(d) Notwithstanding subsection (a) of this section, the government or the youth through 283
their legal counsel may move to terminate the parent and child relationship, pursuant to § 16-284
2354(a). 285
Ҥ16-2399.31. Jurisdiction. 286
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“(a) Subject to subsection (b) of this section, the Family Court shall have jurisdiction to 287
enter a SOUL family order and shall retain jurisdiction to modify a SOUL family order until the 288
youth reaches 21 years of age; provided, that when the youth reaches 18 years of age, the youth 289
consents and the Family Court finds it is in the best interest of the youth. 290
“(b) A youth who exits foster care to a SOUL family may not reenter foster care after age 291
18. 292
Ҥ 16.2399.32. SOUL Family Order РFinality, Appeals, Transcripts. 293
“(a) Every SOUL family order shall be in writing and shall recite the findings upon 294
which such order is based, including findings pertaining to the Family Court’s jurisdiction. 295
“(b) Except as otherwise expressly provided by law, the entry of a SOUL family order 296
shall be final. 297
“(c) In all appeals from decisions of the Family Court with respect to a SOUL family 298
order under this subchapter, the youth shall be identified only by initials in all transcripts, briefs, 299
and other papers filed, and all necessary steps, as prescribed by rules of the District of Columbia 300
Court of Appeals, shall be taken to protect the identity of the youth. 301
“(d) Upon the filing of a motion and supporting affidavit stating that they are financially 302
unable to purchase a transcript, a party who has filed notice of appeal or of interlocutory appeal 303
of an order under this subchapter shall be furnished, at no cost or at such part of cost as they are 304
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able to pay, so much of the transcript as is necessary to prepare adequately and support the 305
appeal. 306
“(e) An appeal does not operate to stay the order, judgment, or decree appealed from, but 307
whenever the case is properly before the appellate Family Court, that Family Court, on 308
application and hearing, may order otherwise if suitable provision is made in the order for the 309
care and custody of the youth. 310
Ҥ 16-2399.33. Confidentiality of Records. 311
“The provisions of §16-2332 and § 16-2333 shall apply to all records and files that are 312
created pursuant to proceedings under this subchapter. 313
Ҥ 16-2399.34. Unlawful Disclosure. 314
“Whoever willfully discloses, receives, makes use of, or knowingly permits the use of 315
information concerning a youth or other person in violation of § 16-2393 shall be guilty of a 316
misdemeanor and upon conviction thereof shall be fined not more than the amount set forth in § 317
22-3571.01 or imprisoned for not more than 90 days, or both. A violation of this section shall be 318
prosecuted by the Office of the Attorney General of the District of Columbia. 319
Ҥ 16-2399.35. Modification of a SOUL Family Order. 320
“(a) The youth may move the Family Court to modify a SOUL family order to: 321
“(1) Add or remove members of the SOUL family; 322
“(2) Revise the allocation of rights and responsibilities; or 323
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“(3) Amend the terms of the SOUL family Agreement. 324
“(b) The youth’s parent or any individual(s) who previously held parental rights at 325
the time the youth entered into the foster care system may move the Family Court to 326
modify a SOUL family order if the youth is under the age of 18 and there is a substantial 327
and material change in the youth’s circumstances. 328
“(c) Notice of a motion to modify a SOUL family order shall be personally served on all 329
parties, including any proposed additional members of the SOUL family. If personal service 330
under this section cannot be effected, then notice shall be made constructively pursuant to rules 331
of the Superior Court of the District of Columbia. 332
“(d) The Family Court may issue an order of reference directing the Mayor to file a report 333
and recommendation regarding the proposed modification of the SOUL family order within 45 334
days of the filing date of the motion. 335
“(e) A SOUL family order may be modified if the Family Court finds, by a 336
preponderance of the evidence, that it is in the youth’s best interests to modify the SOUL family 337
order. 338
“(f) The Family Court shall hold an adjudicatory hearing before modifying a SOUL 339
family order and shall, at the conclusion of the hearing, enter a written order reciting the findings 340
upon which such order is based, including findings pertaining to the Family Court’s jurisdiction. 341
Ҥ 16-2399.36. Subsidy. 342
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“(a) The Mayor may make subsidy payments to members of the SOUL family, 343
irrespective of their state of residence, pursuant to this section. 344
“(b) Members of the SOUL family who may be eligible for subsidy payments under this 345
section are limited to: 346
“(1) The SOUL caregiver or SOUL caregivers who provide housing for the youth; 347
and 348
“(2) The youth. 349
“(c) The Agency, the youth, and the SOUL caregivers must enter into a subsidy payment 350
agreement that will be incorporated into the SOUL family Agreement. 351
“(d) Subsidy payments shall be allocated as follows: 352
“(1) If the youth is 18 years and 6 months old or younger, the subsidy shall be 353
paid to the SOUL caregiver or SOUL caregivers who are providing housing; 354
“(2) If the youth is older than 18 years and 6 months, half of the subsidy shall be 355
paid to the youth, and the remaining half shall be paid to the SOUL caregiver or SOUL 356
caregivers who are providing housing. 357
“(3) The SOUL caregiver may choose to decline all or part of the subsidy, and 358
that portion shall be paid directly to the youth. 359
“(e) Notwithstanding subsection (d) of this section, the youth may at any time request the 360
Agency to pay the entire subsidy to the youth. The Agency shall comply with this request if the 361
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youth is 18 years of age or older and can establish that they are not residing with a SOUL 362
caregiver. 363
“(f) Eligibility for subsidy payments under this section shall continue until the youth 364
reaches 21 years of age. 365
“(g) The Agency shall disseminate information to prospective members of the SOUL 366
family as to eligibility for subsidy under this section. 367
“(h) SOUL family subsidies shall be subject to the availability of appropriations. Nothing 368
in this section shall be construed to create an entitlement to a SOUL family subsidy for any 369
person. 370
Ҥ 16-2399.37. Rules. 371
“Within 120 days of the effective date of this subchapter, the Mayor, pursuant to Title I 372
of the District of Columbia Administrative Procedure 23 Act, approved October 21, 1968 (82 373
Stat. 1204; D.C. Official Code § 2-501 et. seq.), shall issue rules to implement the provisions of 374
this act.”. 375
Sec. 3. Conforming Amendment. 376
(a) Chapter 23 of Title 16 of the District of Columbia Official Code is amended as 377
follows: 378
(1) § 16–2323(c) is amended by adding a new paragraph (5) to read as follows: 379
“(5) Placed with a SOUL family.”. 380
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Sec. 4. Fiscal impact statement. 381
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 382
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 383
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 384
Sec. 5. Effective date. 385
This act shall take effect following approval by the Mayor (or in the event of veto by the 386
Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 387
90 days, as provided for emergency acts of the Council of the District of Columbia in section 388
412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 389
36 D.C. Official Code § 1-204.12(a)). 390