(a)(1) Except as provided in paragraph (2) of this subsection, neither the Mayor nor a child-placing agency authorized to perform services in connection with placement of a child in a family home for adoption may make or receive any charge or compensation for these services.

(2) A child-placing agency may charge an adoptive parent a reasonable fee if the child-placing agency is operating in the District of Columbia exclusively for religious purposes or as a nonprofit organization, pursuant to section 501(c) of the Internal Revenue Code of 1986, approved August 16, 1954 (68A Stat. 163; 26 U.S.C. § 501(c)), and no part of its net earnings inure to the benefit of any private shareholder or individual.

(b)(1) A child-placing agency providing domestic or international adoption services that is authorized to charge a fee pursuant to subsection (a) of this section shall develop a sliding-fee scale based on the per capita income of the applicant and provide each applicant with:

(A) Its fee and refund policy;

(B) An estimate of the agency’s maximum fee for specific services;

(C) Information regarding available public and private subsidies;

(D) Its sliding income fee scale; and

(E) A complete list of the services that it will provide at each stage of the adoption process.

(2) If a child-placing agency that charges a fee fails to implement and to maintain a sliding-fee scale as required by this subchapter, or rules issued pursuant to this subchapter, the failure shall be grounds for suspension or revocation of its license.

(b-1) In addition to the fee set forth in subsection (b) of this section, a child-placing agency providing domestic or international adoption services that is authorized to charge a fee pursuant to subsection (a) of this section may charge an adoptive parent reasonable fees, but not more than the actual cost, for the following:

(A) Customary and reasonable legal expenses of the child-placing agency;

(B) Costs of locating an absent birthparent;

(C) Foster care expenses incurred by the child-placing agency for a period not to exceed 120 days of foster care;

(D) The living expenses of the birthmother, including food, shelter, and clothing;

(E) Transportation costs to obtain medical services, adoption- related services, or costs associated with any required court appearance related to the adoption, including food and lodging expenses;

(F) Expenses for adoption counseling or counseling for the birthparents by an independent mental health professional;

(G) The birthmother’s legal, hospital, and medical expenses;

(H) Legal fees and costs in connection with contested adoption proceedings;

(I) Expenses incurred by the child-placing agency in connection with an adoption dissolution and alternative placement of a child; and

(J) Expenses incurred by the child-placing agency in obtaining the documents required to complete the homestudy assessment.

(c) Except for a reasonable, nonrefundable administrative fee, a child-placing agency shall not retain the fee paid by an adoptive parent unless the child-placing agency has provided the service.

(d)(1) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of this section, including the process for suspension and revocation of the license required to maintain a child-placing agency.

(2) No later than May 31, 2015, the Mayor shall issue rules to implement the provisions of subsection (b-1) of this section.

(Apr. 22, 1944, ch. 174, § 12; June 8, 1954, 68 Stat. 248, ch. 273, § 6; Apr. 23, 1980, D.C. Law 3-59, § 2(a), 27 DCR 983; Sept. 24, 2010, D.C. Law 18-230, § 201(e), 57 DCR 6951; Sept. 26, 2012, D.C. Law 19-171, § 34, 59 DCR 6190; May 2, 2015, D.C. Law 20-269, § 2(b), 62 DCR 1551.)

1981 Ed., § 32-1011.

1973 Ed., § 32-790.

D.C. Law 18-230 rewrote the section.

The 2012 amendment by D.C. Law 19-171 validated the paragraph designations in (b)(1).

The 2015 amendment by D.C. Law 20-269 added (b-1).

For temporary provisions requiring, on an emergency basis, criminal background investigations for individuals residing in foster family homes or other homes in which children are placed by order, see §§ 2-15 of the Criminal Background Investigation for the Protection of Children Emergency Act of 1998 (D.C. Act 12-431, September 4, 1998, 45 DCR 5915), and §§ 2-15 of the Criminal Background Investigation for the Protection of Children Legislative Review Emergency Act of 1998 (D.C. Act 12-503, January 27, 1999, 45 DCR 8134).

For temporary (90 day) amendment of section, see § 2 of Private Adoption Fee Emergency Amendment Act of 2009 (D.C. Act 18-252, December 17, 2009, 57 DCR 36).

Section 2 of D.C. Law 18-114 rewrote the section to read as follows:

“Sec. 12. (a) Neither the Mayor nor a child-placing agency authorized to perform services in connection with placement of a child in a family home for adoption may make or receive any charge or compensation for these services; except, that a child-placing agency that is operating in the District of Columbia exclusively for religious purposes or as a nonprofit organization pursuant to section 501(c) of the Internal Revenue Code of 1986, approved August 16, 1954 (68A Stat. 163; 26 U.S.C. § 501(c)), and no part of its net earnings inure to the benefit of any private shareholder or individual, may charge an adoptive parent a reasonable fee.

“(b)(1) A child-placing agency providing domestic or international adoption services that is authorized to charge a fee pursuant to subsection (a) of this section shall develop a sliding fee scale based on the per capita family income size of the applicant and provide each applicant with:

“(A) Its fee and refund policy;

“(B) An estimate of the agency’s maximum fee for specific services;

“(C) Information regarding available public and private subsidies;

“(D) Its sliding fee scale; and

“(E) A complete list of the services that it will provide at each stage of the adoption process.

“(2) The failure of a child-placing agency that charges a fee to implement and to maintain a sliding fee scale as required by this section shall be grounds for suspension or revocation of its license. The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules to implement the provisions of this paragraph.

“(c) Except for a reasonable, nonrefundable administrative fee, a child-placing agency shall not retain the fee paid by an adoptive parent unless the child-placing agency has provided the service.”

Section 4(b) of D.C. Law 18-114 provided that the act shall expire after 225 days of its having taken effect.