§ 16–2399.02. Guardianship petition.

(a) A vulnerable youth or proposed guardian may file a petition with the Family Court to appoint a guardian under this subchapter. The petition shall name the proposed guardian and describe why:

(1) The appointment is in the best interests of the vulnerable youth;

(2) Reunification of the vulnerable youth with one or both parents is not viable due to abuse, neglect, abandonment, or a similar basis under District law; and

(3) It is not in the best interests of the vulnerable youth to be returned to the vulnerable youth's or vulnerable youth's previous parents' country of nationality or country of last habitual residence.

(b) The court shall determine whether it is in the vulnerable youth's best interests that a guardian be appointed by considering:

(1) The vulnerable youth's need for continuity of care and caretakers, and for timely integration into a stable home, taking into account the differences in the development and the concept of time of youth of different ages and nationalities;

(2) The physical, mental, and emotional health of all individuals involved to the degree that each affects the welfare of the vulnerable youth, the decisive consideration in regard to this factor being the physical, mental, and emotional needs of the vulnerable youth;

(3) Access to stability, safety, supports or services to remedy the impacts of prior abuse, abandonment, neglect, or a similar basis under District law;

(4) The quality of the interaction and interrelationship of the vulnerable youth with his or her parents, siblings, relatives, and caretakers, including the proposed guardian; and

(5) The vulnerable youth's opinion of their own best interest.