4692877 Amending Chapter 8, Career Service, to comply with the Foster Care Yourth Employment Amendment Act

D.C. DEPARTMENT OF HUMAN RESOURCES

 

NOTICE OF PROPOSED RULEMAKING

 

The Director of the D.C. Department of Human Resources, with the concurrence of the City Administrator, pursuant to Mayor’s Order 2008-92, dated June 26, 2008; and in accordance with the provisions of Titles VIII and VIII-A of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §§ 1-608.01 and 1-608.01a (2012 Repl. & 2013 Supp.)), as amended by the Foster Care Youth Employment Amendment Act of 2012 (the Act), effective July 13, 2012 (D.C. Law 19-162; 59 DCR 5713), hereby gives notice of the intent to amend Section 825 (Reserved), of Chapter 8 (Career Service), of Subtitle B, Title 6 (Government Personnel) of the District of Columbia Municipal Regulations (DCMR), upon their approval by the Council of the District of Columbia (Council), and in not less than thirty (30) days from the date of publication of this notice in the D.C. Register. 

 

The provisions allow for a 10-point hiring preference to be awarded to an applicant for a Career Service position, 18 to 21 years of age, who is in foster care or who is within 5 years of leaving foster care. In addition, Section 899 (Definitions) is being amended to add definitions for the terms “foster care,” “foster child” and “ward of the state.”  Upon adoption, these rules will amend Chapter 8, Career Service, of Subtitle B of Title 6 of the DCMR, published at 30 DCR 2555 (May 27, 1983) and amended at 30 DCR 4608 (September 9, 1983), 31 DCR 2715 (June 1, 1984), 32 DCR 1857 (April 5, 1985), 32 DCR 2473 (May 3, 1985), 32 DCR 2953 (May 24, 1985) (Errata), 33 DCR 4299 (July 18, 1986), 35 DCR 1087 (February 19, 1988), 36 DCR 6069 (August 25, 1989), 37 DCR 3952 (June 15, 1990), 37 DCR 7117 (November 9, 1990), 42 DCR 3520 (July 7, 1995), 45 DCR 451 (January 23, 1998), 45 DCR 1641 (March 20, 1998), 47 DCR 2419 (April 7, 2000), 48 DCR 8973 (September 28, 2001), 49 DCR 1859 (March 1, 2002), 49 DCR 6842 (July 19, 2002), 49 DCR 8368 (August 30, 2002), 49 DCR 9298 (October 11, 2002) (Errata), 51 DCR 9706 (October 15, 2004), 51 DCR 10410 (November 12, 2004), 53 DCR 3248 (April 21, 2006), 54 DCR 725 (January 26, 2007); 54 DCR 9556 (October 5, 2007), 55 DCR 7731 (July 18, 2008), 56 DCR 271 (April 3, 2009), 56 DCR 3685 (May 8, 2009), 56 DCR 6162 (August 7, 2009); and 59 DCR 4840 ( May 11, 2012). 

 

The title of Section 825 is changed from “Reserved” to “Foster Care Youth Employment Preference”, and new provisions are added to read as follows:

 

825.1               Pursuant to D.C. Law 19-162, the “Foster Care Youth Employment Amendment Act of 2012,” effective July 13, 2012 (D.C. Act 19-372; 59 DCR 5713, May 25, 2012), a person who applies for competitive employment in the Career Service and who at the time of application is 18 to 21 years of age, is in foster care, or who is within 5 years of leaving foster care, may be awarded a 10-point hiring preference, unless the person declines the preference points.

 

 

 

 

 

825.2               An applicant must meet the following requirements at the time of application to be awarded the hiring preference in accordance with Subsection 825.1:

 

(a)                Be within five (5) years of leaving foster care under the Child and Family Services Agency (CFSA) and is a resident of the District; or

 

(b)               Is currently in the foster care program of CFSA; and

 

(c)                Between the ages of 18 and 21 years of age regardless of residency.

 

825.3               An applicant claiming the hiring preference pursuant to Subsection 825.1 shall:

 

(a)                Submit proof of eligibility for the foster care youth employment preference by submitting a letter or other documentation from CFSA or the Family Court of D.C. Superior Court showing that the applicant is currently in foster care or showing the date the applicant left court supervisor; and

 

(b)               Be eligible to receive any other hiring preference under the District of Columbia Government Comprehensive Merit Personnel Act of 1978 if a bona fide resident of the District.

 

825.4               An employee who applies for a competitive promotion in the Career Services and who at the time of application is 18 to 21 years of age and in foster care, or who is within 5 years of leaving foster care and is a resident of the District of Columbia, may be awarded a hiring preference of ten (10) points, unless the employee declines the preference points.

 

Section 899, “Definitions”, of Chapter 8 of the D.C. Personnel Regulations is amended to add the definitions for the terms “foster care,”  “foster child” and “ward of the state.” 

 

Foster Care - 24 hour substitute care for children placed away from their parents or guardians for whom the Child and Family Services Agency has placement care and responsibility.

 

Foster Child - a child who comes under the jurisdiction of the Superior Court of the District of Columbia pursuant to D.C. Official Code 16-2320, or whose parents’ rights have been relinquished pursuant to D.C. Official Code § 4-1406. Per subsection 825.3(a), an individual claiming the preference may have documentation from CFSA or the Family Court of the D.C. Superior Court that identifies them as a “foster child.”

 

Ward of the State – A person between the age of 18-21 years old who is currently committed to the Mayor as a ward of the District of Columbia or previously deemed a ward within the past five (5) year from the date of application for employment, pursuant to D.C. Official Code § 4-114. Per Subsection 825.3(a), an individual claiming the preference may have documentation from CFSA or the Family Court of the D.C. Superior Court that identifies them as a “ward of the state.”

 

 

Comments on these proposed regulations should be submitted, in writing, within thirty (30) days of the date of the publication of this notice to Eboni Gatewood-Crenshaw, Associate Director, D.C. Department of Human Resources, 441 4^th Street, N.W., Suite 330 South, Washington, D.C. 20001, or via email at [e-mail]. Persons with questions regarding the proposed rulemaking should call [phone]. Additional copies of these proposed rules are available from the above address.