Program participation and procedures

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(a) If, at any time, a participant is subject to an order or is involved in an action of a tribunal, OVSJG shall notify the relevant tribunal of the participant's certification.

(b)(1) No person shall be compelled to disclose a participant's actual address during any proceeding before a tribunal unless the tribunal finds, based upon clear and convincing evidence, that:

(A) A party will suffer material harm without disclosure of the participant's actual address;

(B) The harm to the participant is substantially outweighed by the material harm to the party requesting disclosure of the participant's actual address;

(C) There are no alternatives to disclosure of the participant's actual address that would address the material harm; and

(D) The disclosure is narrowly tailored in both scope and manner to disclose the minimum amount of participant information necessary to address the material harm.

(2) A tribunal may seal the portion of any record that contains a participant's actual address.

(c) Nothing in this subchapter, including the fact that a person is a participant, shall affect an existing or future order relating to the allocation of custody, parental responsibilities, or parenting time.

(d) Participation in the Program shall not constitute evidence of a covered offense.

(e) Whenever the laws of the District provide a participant a legal duty to act within a prescribed period of 10 days or less after the service of a notice or other paper upon the participant, and the notice or paper is served upon the participant by mail pursuant to this subchapter, 5 days shall be added to the prescribed period.

(July 3, 2018, D.C. Law 22-118, § 107, 65 DCR 5064.)

Applicability

Section 7035 of D.C. Law 22-168 repealed § 301 of D.C. Law 22-118 removing the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-118 has been given effect.

Applicability of D.C. Law 22-118: § 301 of D.C. Law 22-118 provided that the creation of this section by § 107 of D.C. Law 22-118 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


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