(a) Whenever a child, other than a child transferred for criminal prosecution pursuant to section 16-2307, who is called as a witness refuses on the basis of the privilege against self-incrimination to testify or provide other information in or ancillary to a delinquency proceeding brought under this chapter in the Family Division, and the person presiding over the proceeding communicates to the witness an order issued under subsection (c) of this section, the witness may not refuse to comply with the order on the basis of the privilege against self-incrimination. However, no testimony or other information compelled under the order (or any information directly or indirectly derived from such testimony or other information) may be used against the witness except in a proceeding for perjury, giving a false statement, or otherwise failing to comply with the order.
(b) The Corporation Counsel may request an order under subsection (c) of this section when the testimony or other information may be necessary to the public interest, and the child called as a witness has refused or is likely to refuse to testify or provide other information on the basis of the privilege against self-incrimination.
(c) When any child, other than a child transferred for criminal prosecution pursuant to section 16-2307, has been or may be called to testify or provide other information in or ancillary to a delinquency proceeding brought under this chapter in the Family Division, and the Corporation Counsel has made a request under subsection (b) of this section, the judge presiding over the proceeding shall issue an order requiring the child to give testimony or provide other information which was refused on the basis of the privilege against self-incrimination. An order issued pursuant to this subsection shall become effective as provided in subsection (a) of this section.
(May 21, 1994, D.C. Law 10-118, § 2, 41 DCR 1637.)
1981 Ed., § 16-2339.
Structure District of Columbia Code
Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]
Chapter 23 - Family Division [Family Court] Proceedings
Subchapter I - Proceedings Regarding Delinquency, Neglect, or Need of Supervision
§ 16–2301.01. References deemed to refer to Family Court of the Superior Court
§ 16–2302. Transfer of criminal matters to Family Division
§ 16–2303. Retention of jurisdiction
§ 16–2304. Right to counsel; party status
§ 16–2305. Petition; contents; amendment
§ 16–2305.02. Preliminary probation conferences; adjustment process
§ 16–2306. Service of summons and petition
§ 16–2307. Transfer for criminal prosecution
§ 16–2309. Taking into custody
§ 16–2310. Criteria for detaining children
§ 16–2310.01. Separation of young children detained prior to a hearing
§ 16–2311. Release or delivery to Family Division [Family Court]
§ 16–2312. Detention or shelter care hearing; intermediate disposition
§ 16–2313. Place of detention or shelter
§ 16–2315. Physical and mental examinations
§ 16–2316. Conduct of hearings; evidence
§ 16–2317. Hearings, findings; dismissal
§ 16–2318. Order of adjudication noncriminal
§ 16–2319. Predisposition study and report
§ 16–2320. Disposition of child who is neglected, delinquent, or in need of supervision
§ 16–2321. Disposition of child with mental illness or a substantial intellectual disability
§ 16–2322. Limitation of time on dispositional orders
§ 16–2323. Review of dispositional orders
§ 16–2324. Vacation, termination of orders
§ 16–2325. Support of committed child
§ 16–2325.01. Participation order
§ 16–2325.02. Report on failure of respondents to appear in delinquency cases
§ 16–2326. Court costs and expenses
§ 16–2326.01. Compensation of attorneys in neglect and termination of parental rights proceedings
§ 16–2327. Probation revocation; disposition
§ 16–2328. Interlocutory appeals
§ 16–2329. Finality of judgments; appeals; transcripts
§ 16–2331. Juvenile case records; confidentiality; inspection and disclosure
§ 16–2332. Juvenile social records; confidentiality; inspection and disclosure
§ 16–2333. Police and other law enforcement records
§ 16–2333.01. Permitted disclosures of juvenile information
§ 16–2333.02. Juvenile Abscondence Review Committee
§ 16–2334. Fingerprint records
§ 16–2335.02. Sealing of records on ground of actual innocence
§ 16–2336. Unlawful disclosure of records; penalties
§ 16–2337. Additional powers of the Director of Social Services
§ 16–2338. Emergency medical treatment
§ 16–2339. Immunity for juveniles who are witnesses in juvenile proceedings
§ 16–2340. Rights of victims or eyewitnesses in delinquency proceedings