Today, the Council of the District of Columbia gave unanimous approval of the “Safe and Stable Homes for Children and Youth Act of 2007.” This first vote provides preliminary approval and Council will hold its final vote in July before sending it to the Mayor for signature.

The “Safe and Stable Homes for Children and Youth Act of 2007” was the first bill introduced by Councilmember Wells, together with Councilmembers Mendelson and Catania, and was co-sponsored by Councilmembers Brown, Cheh, Gray and Schwartz. In the 5 months since its introduction, the bill has had extensive hearings before both the Council’s Human Services and Public Safety and Judiciary Committees -- both giving their approval of the proposal.

“I am very proud to have this bill pass first reading,” Councilmember Wells explained. “By restoring these caregivers’ legal standing in custody proceedings, and protecting the rights of parents, we place the focus of the inquiry back where it should be – on the child’s best interests.”

While the bill is a highly technical, dealing with such matters as legal standing, standards of evidence and presumptions, it nevertheless deals with an important issue of direct concern to many District residents, and particularly to the welfare of many District children. The bill was triggered by a decision of the D.C. Court of Appeals (W.D. v. C.S.M.) that was widely construed as forbidding custody actions by 3rd parties (i.e., persons who are not parents). Under this ruling, the many children in D.C. who are being cared for by grandparents, other relatives, step-parents, God-parent or someone else fully committed to raising the child, would be denied the stability that comes from a custody order. The bill rectifies that problem while carefully protecting the rights of parents to provide for the upbringing of their children.

Added Mr. Wells, “By restoring legal standing to these caregivers in custody proceedings, while protecting the rights of parents, this bill will enable more children to live in safe and stable homes.”

“We’ve struck the appropriate balance between protecting parents’ rights and recognizing the vital role that grandparents and other caregivers play in the lives of our District youth,” stated At-Large Councilmember Phil Mendelson.

The final bill incorporated many recommendations from child welfare advocates and has the support of both the Children’s Law Center and the Legal Aid Society of the District of Columbia.