Zoning commission approves emergency action to align youth residential definition with CFSA rules

The Zoning Commission voted 5-0 to take emergency action and set down a proposed text amendment from the District of Columbia Child and Family Services Agency (CFSA) that would change the zoning definition of “youth residential care home” to reflect CFSA practice of treating some foster youth up to age 20 as children.

Office of Planning senior staff Maxine Brown Roberts told the commission the amendment would change Subtitle B §100.2 to allow that “children to age 20 years are in the custody of CFSA” for the purposes of licensing and zoning. She said the amendment would align zoning with CFSA licensing and the Department of Buildings’ historic practice and would not be inconsistent with the Comprehensive Plan.

The change responds to a 2023 shift in Department of Buildings permitting, Brown Roberts said: DOB stopped issuing permits for individuals over 18, which means facilities that need permits to house foster youth older than 18 can no longer obtain them. Brown Roberts said eight currently licensed facilities across Wards 4, 5, 6 and 7 have licenses that expire in 2025 and therefore need regulatory alignment to remain licensed.

Commissioners flagged outreach and timing concerns but supported emergency action to avoid a licensing gap. Commissioner Wright said she supported the amendment and the Office of Planning’s alternative language, and urged that the applicant demonstrate additional community outreach before the public hearing. Wright added she was concerned about timing: “There are a couple of properties that do have young people up to age 21 that will expire in April,” and said that risk supported emergency action.

Vice Chair Miller said the amendment would “bring our zoning regulations into conformity with what the policy of the district government has been,” and referenced the underlying Youth Residential Facilities Act cited by parties. Chair Anthony Hood and other commissioners said they wanted to avoid leaving residents or facilities uncovered while the regulatory process proceeded.

The commission’s motion did not specify a substitute for the applicant’s exact phrasing; Office of Planning had proposed language replacing a regulatory cross-reference with a direct statement that the definition applies to children in CFSA custody up to age 20. The commission recorded the roll-call vote as 5–0–0 to approve emergency action and set the petition down as a rulemaking.

The commission directed that a public hearing be scheduled as soon as practicable and that CFSA continue community outreach prior to that hearing.