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District of Columbia Official Code 2001 Edition. |
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Division I. Government of District. |
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Title 7. Human Health Care and Safety. |
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Subtitle D. Citizens with Intellectual Disabilities. |
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Chapter 13. Rights of Citizens with Intellectual Disabilities. |
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Subchapter III. Admission, Commitment, Discharge, Transfer, Respite Care.
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(a) Except as provided in subsection (b) of this section, no individual 14 years of age or older who has or is believed to have an intellectual disability shall be committed to a facility if the individual is determined by the Court to be competent to refuse such commitment. For purposes of this chapter, persons 14 years of age and older shall be presumed competent to refuse commitment.
(b) The Court may commit an individual pursuant to § 7-1304.06a irrespective of the individual's competence to refuse such commitment.
(Mar. 3, 1979, D.C. Law 2-137, § 301, 25 DCR 5094; Oct. 17, 2002, D.C. Law 14-199, § 2(b), 49 DCR 7647; Apr. 24, 2007, D.C. Law 16-305, § 26(c), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 17(e), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1921.
1973 Ed., § 6-1654.
Effect of Amendments
D.C. Law 14-199 redesignated the section as subsec. (a); in subsec. (a), substituted "Except as provided in subsection (b) of this section, no individual" for "No individual"; and added subsec. (b).
D.C. Law 16-305, in subsec. (a), substituted "has or is believed to have mental retardation" for "is or is believed to be mentally retarded".
D.C. Law 19-169, in subsec. (a), substituted "an intellectual disability" for "mental retardation".
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(b) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14- 383, June 12, 2002, 49 DCR 5701).
For temporary (90 day) amendment of section, see § 2(b) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-454, July 23, 2002, 49 DCR 8096).
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 7-1301.02.
For Law 14-199, see notes following § 7-1301.03.
For Law 16-305, see notes following § 7-531.01.
For history of Law 19-169, see notes under § 7-761.02.
(a) Any individual 14 years of age or older who has an intellectual disability, may have an intellectual disability, or has been diagnosed with an intellectual disability may apply to a Director of a facility for voluntary admission to that facility for habilitation and care. The Director may admit the individual; provided, that the Director has determined that the individual is at least 14 years of age.
(b) Within 10 days of the admission, the Director shall notify the Court of the admission and shall certify to the Court that a comprehensive evaluation shall be conducted and an individual habilitation plan developed within 30 days of the admission.
(c)(1) The Court shall promptly appoint an appropriate officer to determine whether the individual is competent to admit himself or herself to the facility and whether the admission is voluntary.
(2) The determination of competency shall consider, but not be limited to, an inquiry into the individual's understanding of what habilitation and care will be provided in the facility, and what alternative means of habilitation and care are available from community-based services.
(3) If the officer determines that there is a substantial question regarding either the voluntariness of the admission or the competency of the individual, the officer shall so advise the Court, and the Court shall promptly conduct a hearing in accordance with the procedures established in subchapter IV of this chapter to resolve the issues of competency and/or voluntariness.
(4) If the Court determines that the admission is not voluntary, the Court shall order that the individual be discharged from the facility. If the Court finds that the individual is not competent to admit himself or herself, it may order that that person be discharged if it determines that discharge would be in the individual's best interest, or it may appoint a guardian ad litem to represent the individual in a subsequent hearing to be held promptly to determine the appropriate placement, if any, of the individual. The individual may remain in the facility until the Court hearing unless the Court decides that this would not be in the individual's best interest.
(Mar. 3, 1979, D.C. Law 2-137, § 302, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(d), 42 DCR 3684; Apr. 24, 2007, D.C. Law 16-305, § 26(d), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 17(f), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1922.
1973 Ed., § 6-1655.
Effect of Amendments
D.C. Law 16-305, in subsec. (a), substituted "has mental retardation, may have mental retardation, or has been diagnosed with mental retardation" for "is, may be, or has been diagnosed mentally retarded".
D.C. Law 19-169, in subsec. (a), substituted "an intellectual disability" for "mental retardation".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 505(d) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).
Emergency Act Amendments
For temporary amendment of section, see § 505(d) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197).
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 7-1301.02.
For legislative history of D.C. Law 11-52, see Historical and Statutory Notes following § 7-1301.02.
For Law 16-305, see notes following § 7-531.01.
For history of Law 19-169, see notes under § 7-761.02.
Any individual 14 years of age or older who has an intellectual disability, may have an intellectual disability, or has been diagnosed with an intellectual disability may apply to any hospital, clinic or facility, or other community-based service owned or operated by, or under contract with, the District for out-patient nonresidential habilitation. Applications shall be made to the Director of the hospital, clinic, facility or service, or to the Department on Disability Services. If an application is filed with a Director and the Director determines that the particular hospital, clinic, facility or community-based service cannot provide the necessary habilitation, he or she shall refer the individual to the Department on Disability Services, and the Department on Disability Services shall assist the individual in locating a facility, hospital, clinic or service which can provide the necessary habilitation.
(Mar. 3, 1979, D.C. Law 2-137, § 303, 25 DCR 5094; Mar. 14, 2007, D.C. Law 16-264, § 301(b), 54 DCR 818; Apr. 24, 2007, D.C. Law 16-305, § 26(e), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 17(g), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1923.
1973 Ed., § 6-1656.
Effect of Amendments
D.C. Law 16-264 substituted "Department on Disability Services" for "Department of Human Services" throughout the section.
D.C. Law 16-305 substituted "has mental retardation, may have mental retardation, or has been diagnosed with mental retardation" for "is, may be, or has been diagnosed mentally retarded".
D.C. Law 19-169 substituted "an intellectual disability" for "mental retardation".
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 301(b) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 7-1301.02.
For Law 16-264, see notes following § 7-1301.03.
For Law 16-305, see notes following § 7-531.01.
For history of Law 19-169, see notes under § 7-761.02.
(a) A written petition by a parent or guardian may be filed with the Court to have an individual 14 years of age or older, who is or is believed to have an intellectual disability, committed to a facility. Upon the filing of such petition, the Court shall promptly conduct a hearing in accordance with the procedures set forth in subchapter IV of this chapter. If the Court determines that the individual is competent to refuse such commitment and the individual so refuses, the Court shall dismiss the petition and order that the individual not be committed to a facility.
(b) If, on a petition filed pursuant to subsection (a) of this section, the Court determines that the individual is not competent to refuse commitment, the Court shall determine whether to order the commitment. The Court shall order the commitment only if it determines beyond a reasonable doubt that:
(1) Based on a comprehensive evaluation of the individual performed within one year prior to the hearing, the individual has at least a moderate intellectual disability and requires habilitation;
(2) Commitment to a facility is necessary in order for the individual to receive the habilitation indicated by the individual habilitation plan required and defined under § 7-1304.03;
(3) The facility to which commitment is sought, its sponsoring agency, or the Department on Disability Services is capable of providing the required habilitation; and
(4) Commitment to that facility would be the least restrictive means of providing the habilitation.
(b-1) For an individual found incompetent in a criminal case, a written petition by the District may be filed with the Court to have the individual committed to a facility. Upon the filing of the petition, the Court shall promptly conduct a hearing in accordance with the procedures set forth in subchapter IV of this chapter.
(c) The facility, its sponsoring agency, or the Department on Disability Services shall provide a written certification to the Court, before commitment to the facility is ordered, that the habilitation indicated by the individual habitation plan will be implemented.
(Mar. 3, 1979, D.C. Law 2-137, § 304, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(e), 42 DCR 3684; Oct. 17, 2002, D.C. Law 14-199, § 2(c), 49 DCR 7647; Mar. 14, 2007, D.C. Law 16-264, § 301(c), 54 DCR 818; Apr. 24, 2007, D.C. Law 16-305, § 26(f), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 17(h), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1924.
1973 Ed., § 6-1657.
Effect of Amendments
D.C. Law 14-199, in the section heading, substituted "guardian or by the District" for "guardian"; in subsec. (b), substituted "If, on a petition filed pursuant to subsection (a) of this section, the Court" for "If the Court"; and added subsec. (b).
D.C. Law 16-264, in subsecs. (b)(3) and (c), substituted "Department on Disability Services" for "Department of Human Services".
D.C. Law 16-305, in subsec. (a), substituted "have mental retardation" for "be mentally retarded".
D.C. Law 19-169, in subsec. (a), substituted "an intellectual disability" for "mental retardation"; and, in subsec. (b)(1), substituted "the individual has at least a moderate intellectual disability" for "the individual is at least moderately mentally retarded".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 505(e) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).
Emergency Act Amendments
For temporary amendment of section, see § 505(e) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197).
For temporary (90 day) amendment of section, see § 2(c) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14- 383, June 12, 2002, 49 DCR 5701).
For temporary (90 day) amendment of section, see § 2(c) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-454, July 23, 2002, 49 DCR 8096).
For temporary (90 day) amendment of section, see § 301(c) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 7-1301.02.
For legislative history of D.C. Law 11-52, see Historical and Statutory Notes following § 7-1301.02.
For Law 14-199, see notes following § 7-1301.03.
For Law 16-264, see notes following § 7-1301.03.
For Law 16-305, see notes following § 7-531.01.
For history of Law 19-169, see notes under § 7-761.02.
Any parent or guardian may apply on behalf of an individual under 14 years of age who is or is believed to have an intellectual disability to any hospital, clinic, facility or community-based service owned or operated by, or under contract with, the District for nonresidential habilitation. Applications shall be made to the Director of the hospital, clinic, or service, or to the Department on Disability Services. If an application is filed with a Director and the Director determines that the particular hospital, clinic, facility or community-based service cannot provide the necessary habilitation, he or she shall refer the parent or guardian to the Department on Disability Services, and the Department on Disability Services shall assist the parent or guardian in locating a facility, hospital, clinic or service which can provide the required habilitation.
(Mar. 3, 1979, D.C. Law 2-137, § 305, 25 DCR 5094; Mar. 14, 2007, D.C. Law 16-264, § 301(d), 54 DCR 818; Apr. 24, 2007, D.C. Law 16-305, § 26(g), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 17(i), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1925.
1973 Ed., § 6-1658.
Effect of Amendments
D.C. Law 16-264 substituted "Department on Disability Services" for "Department of Human Services" throughout the section.
D.C. Law 16-305 substituted substituted "have mental retardation" for "be mentally retarded"..
D.C. Law 19-169 substituted "an intellectual disability" for "mental retardation".
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 301(d) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 7-1301.02.
For Law 16-264, see notes following § 7-1301.03.
For Law 16-305, see notes following § 7-531.01.
For history of Law 19-169, see notes following § 7-761.02.
(a) A parent or guardian may file a written petition with the Court to have an individual under 14 years of age who is or is believed to have an intellectual disability committed to a facility. The Court shall promptly conduct a hearing in accordance with the procedures set forth in subchapter IV of this chapter to determine whether the Court shall order the commitment. The Court shall order such commitment only if it determines beyond a reasonable doubt that:
(1) Based on a comprehensive evaluation of the individual performed within one year prior to the hearing, the individual has at least a moderate intellectual disability and requires habilitation;
(2) Commitment to a facility is necessary in order for the individual to receive the habilitation indicated by the individual habilitation plan required under § 7-1304.03;
(3) The facility to which commitment is sought, its sponsoring agency, or the Department on Disability Services is capable of providing the required habilitation; and
(4) Commitment to that facility would be the least restrictive means of providing the habilitation.
(b) The facility, its sponsoring agency, or the Department on Disability Services shall provide a written statement to the Court, before commitment to the facility is ordered, that the habilitation indicated by the individual's habilitation plan will be implemented.
(Mar. 3, 1979, D.C. Law 2-137, § 306, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(f), 42 DCR 3684; Mar. 14, 2007, D.C. Law 16-264, § 301(e), 54 DCR 818; Sept. 26, 2012, D.C. Law 19-169, § 17(j), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1926.
1973 Ed., § 6-1659.
Effect of Amendments
D.C. Law 16-264, in subsecs. (a)(3) and (b), substituted "Department on Disability Services" for "Department of Human Services".
D.C. Law 19-169, in the lead-in language of subsec. (a), substituted "have an intellectual disability" for "be mentally retarded"; and, in subsec. (a), substituted "the individual has at least a moderate intellectual disability" for "the individual is at least moderately mentally retarded".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 505(f) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).
Emergency Act Amendments
For temporary amendment of section, see § 505(f) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197).
For temporary (90 day) amendment of section, see § 301(e) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 7-1301.02.
For legislative history of D.C. Law 11-52, see Historical and Statutory Notes following § 7-1301.02.
For Law 16-264, see notes following § 7-1301.03.
For history of Law 19-169, see notes under § 7-761.02.
Any individual 14 years of age or older who is admitted to a facility shall have the right to immediate discharge from the facility upon written request to the Director of the facility.
(Mar. 3, 1979, D.C. Law 2-137, § 307, 25 DCR 5094.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1927.
1973 Ed., § 6-1660.
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 7-1301.02.
Individuals committed pursuant to § 7-1303.04(b) or § 7-1303.06 shall be discharged if the parent or guardian who petitioned for the commitment requests the individual's release in writing to the Court and the Court determines, based on consultation with the individual, his or her counsel and the individual's advocate for a person with an intellectual disability, if one has been appointed, that the individual consents to such release. Such individuals also shall be discharged upon their own request when they have gained competence to make such a decision and have reached their 14th birthday. A hearing may be conducted pursuant to provisions of subchapter IV of this chapter to determine the question of competence.
(Mar. 3, 1979, D.C. Law 2-137, § 308, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(g), 42 DCR 3684; Oct. 17, 2002, D.C. Law 14-199, § 2(d), 49 DCR 7647; Sept. 26, 2012, D.C. Law 19-169, § 17(k), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1928.
1973 Ed., § 6-1661.
Effect of Amendments
D.C. Law 14-199 substituted "§ 7-1303.04(b)" for "§ 7-1303.04".
D.C. Law 19-169 substituted "individuals" for "customers", "individual's" for "customer's", "individuals" for "customers", and "advocate for a person with an intellectual disability" for "mental retardation advocate".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 505(g) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).
Emergency Act Amendments
For temporary amendment of section, see § 505(g) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197).
For temporary (90 day) amendment of section, see § 2(d) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14- 383, June 12, 2002, 49 DCR 5701).
For temporary (90 day) amendment of section, see § 2(d) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-454, July 23, 2002, 49 DCR 8096).
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 7-1301.02.
For legislative history of D.C. Law 11-52, see Historical and Statutory Notes following § 7-1301.02.
For Law 14-199, see notes following § 7-1301.03.
For history of Law 19-169, see notes under § 7-761.02.
(a) The Department on Disability Services may recommend to the Court that an individual committed to the facility be transferred to another facility if the Department on Disability Services determines that it would be beneficial and consistent with the habilitation needs of the individual to do so. Notice of the recommendation shall be served on the individual, the individual's counsel, the individual's parent or guardian who petitioned for the commitment and the individual's advocate for a person with an intellectual disability, if one has been appointed. If the proposed transfer is determined by the Court to be a transfer to a more restrictive facility, a mandatory hearing shall be conducted promptly in accordance with the procedures established in subchapter IV of this chapter. If the Court determines that the proposed transfer would be to a less restrictive facility, a Court hearing shall be held only if the individual, the individual's parent or guardian, or, in the case of an individual committed under § 7-1304.06a, the District requests a hearing by petitioning the Court in writing within 10 days of being notified by the Court of its determination. The hearing shall be held promptly following the request for the hearing. In deciding whether to authorize the transfer, the Court shall consider whether the proposed facility can provide the necessary habilitation and whether it would be the lease restrictive means of providing such habilitation. In the case of an individual committed under § 7-1304.06a, the Court shall also consider whether the proposed placement can provide sufficient supervision or security to prevent the individual from causing injury to others as a result of the individual's intellectual disability. Due consideration shall be given to the relationship of the individual to his or her family, guardian, or friends so as to maintain relationships and encourage visits beneficial to the relationship.
(b) An individual admitted to a facility can be transferred to another facility if the individual consents to the transfer.
(c) Nothing in this section shall be construed to prohibit transfer of an individual to a health care facility without prior Court approval in an emergency situation when the life of the individual is in danger. In such circumstances, consent of the individual, or parent or guardian who sought the commitment shall be obtained prior to the transfer. In the event the individual cannot consent and there is no person who can be reasonably contacted, such transfer may be made upon the authorization of the Department on Disability Services, with notice promptly given to the parent or guardian. Consent of the individual, parent, or guardian is not required if the District sought commitment. The parent, guardian, counsel for the individual, and advocate for a person with an intellectual disability shall be notified promptly of the transfer.
(Mar. 3, 1979, D.C. Law 2-137, § 309, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(h), 42 DCR 3684; Apr. 9, 1997, D.C. Law 11-255, § 14(a), 44 DCR 1271; Oct. 17, 2002, D.C. Law 14-199, § 2(e), 49 DCR 7647; Mar. 14, 2007, D.C. Law 16-264, § 301(f), 54 DCR 818; Sept. 26, 2012, D.C. Law 19-169, § 17(l), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1929.
1973 Ed., § 6-1662.
Effect of Amendments
D.C. Law 14-199 rewrote the section which had read as follows:
"§ 7-1303.09. Transfer of customer from one facility to another.
"(a) The Department of Human Services may recommend to the Court that a customer committed to the facility be transferred to another facility if the Department of Human Services determines that it would be beneficial and consistent with the habilitation needs of the customer to do so. Notice of the recommendation shall be served on the customer, the customer's counsel, the customer's parent or guardian who petitioned for the commitment and the customer's mental retardation advocate, if one has been appointed. If the proposed transfer is determined by the Court to be a transfer to a more restrictive facility, a mandatory hearing shall be conducted promptly in accordance with the procedures established in subchapter IV of this chapter. If the Court determines that the proposed transfer would be to a less restrictive facility, a Court hearing shall be held only if the customer or his or her parent or guardian requests a hearing by petitioning the Court in writing within 10 days of being notified by the Court of its determination. The hearing shall be held promptly following the request for the hearing. In deciding whether to authorize the transfer, the Court shall consider whether the proposed facility can provide the necessary habilitation and whether it would be the least restrictive means of providing such habilitation. Due consideration shall be given to the relationship of the customer to his or her family, guardian or friends so as to maintain relationships and encourage visits beneficial to the relationship.
"(b) A customer admitted to a facility can be transferred to another facility if the customer consents to the transfer.
"(c) Nothing in this section shall be construed to prohibit transfer of a customer to a health care facility without prior Court approval in an emergency situation when the life of the customer is in danger. In such circumstances, consent of the customer, or parent or guardian who sought the commitment shall be obtained prior to the transfer. In the event the customer cannot consent and there is no person who can be reasonably contacted, such transfer may be made upon the authorization of the Department of Human Services, with notice promptly given to the parent or guardian."
D.C. Law 16-264, in subsecs. (a) and (c), substituted "Department on Disability Services" for "Department of Human Services".
D.C. Law 19-169 substituted "advocate for a person with an intellectual disability" for "mental retardation advocate"; and substituted "result of the individual's intellectual disability" for "result of the individual's mental retardation".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 505(h), (i)) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).
Emergency Act Amendments
For temporary amendment of section, see § 505(h) and (i) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197).
For temporary (90 day) amendment of section, see § 2(e) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14- 383, June 12, 2002, 49 DCR 5701).
For temporary (90 day) amendment of section, see § 2(e) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-454, July 23, 2002, 49 DCR 8096).
For temporary (90 day) amendment of section, see § 301(f) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 7-1301.02.
For legislative history of D.C. Law 11-52, see Historical and Statutory Notes following § 7-1301.02.
Law 11-255, the "Second Technical Amendments Act of 1996," was introduced in Council and assigned Bill No. 11-905, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 7, 1996, and December 3, 1996, respectively. Signed by the Mayor on December 24, 1996, it was assigned Act No. 11-519 and transmitted to both Houses of Congress for its review. D.C. Law 11-255 became effective on April 9, 1997.
For Law 14-199, see notes following § 7-1301.03.
For Law 16-264, see notes following § 7-1301.03.
For history of Law 19-169, see notes under § 7-761.02.
(a) The Director shall discharge any resident admitted or committed pursuant to this subchapter if, in the judgment of the Director, the results of a comprehensive evaluation, which shall be performed at least annually, indicate that residential care is no longer advisable. In the case of an individual committed under § 7-1304.06a, the Director shall also consider whether the individual would be likely to cause injury to others as a result of his or her intellectual disability if the individual were to be discharged from residential care.
(b) Notice of the proposed discharge under subsection (a) of this section shall be served on the resident, the resident's parent or guardian, the resident's counsel, the advocate for a person with an intellectual disability, and, in the case of an individual committed under § 7-1304.06a, the District at least 30 days prior to the proposed discharge. If the resident, the resident's parent or guardian, the resident's counsel, the advocate for a person with an intellectual disability, or, in the case of an individual committed under § 7-1304.06a, the District objects to the discharge, he or she, or the District, may file a petition with the Court requesting a hearing in accordance with the procedures set forth in subchapter IV of this chapter. Any objecting party shall file the petition requesting a hearing with the Court within 10 days of receiving the notice. The hearing, if one is requested, shall be held on or before the discharge date. The resident shall not be discharged prior to the hearing.
(Mar. 3, 1979, D.C. Law 2-137, § 310, 25 DCR 5094; Oct. 17, 2002, D.C. Law 14-199, § 2(f), 49 DCR 7647; Sept. 26, 2012, D.C. Law 19-169, § 17(m), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1930.
1973 Ed., § 6-1663.
Effect of Amendments
D.C. Law 14-199 rewrote the section which had read as follows:
"§ 7-1303.10. Discharge from residential care.
"The Director shall discharge any resident admitted or committed pursuant to this subchapter if, in the judgment of the Chief Program Director, the results of a comprehensive evaluation, which shall be performed at least annually, indicate that residential care is no longer advisable. If the resident, the resident's parent or guardian, the resident's counsel, or the mental retardation advocate objects to the discharge, he or she may file a petition with the Court requesting a hearing in accordance with the procedures set forth in subchapter IV of this chapter. The resident shall not be discharged prior to the hearing."
D.C. Law 19-169, in subsec. (a), substituted "intellectual disability" for "mental retardation"; and, in subsec. (b), substituted "advocate for a person with an intellectual disability" for "mental retardation advocate".
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(f) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14- 383, June 12, 2002, 49 DCR 5701).
For temporary (90 day) amendment of section, see § 2(f) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-454, July 23, 2002, 49 DCR 8096).
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 7-1301.02.
For Law 14-199, see notes following § 7-1301.03.
For history of Law 19-169, see notes under § 7-761.02.
(a) A person with an intellectual disability, or the father, mother, spouse, or adult child of a person with an intellectual disability, who receives habilitation, care, or both from the District pursuant to this chapter, shall pay to the District the costs of habilitation, care, or both received by the person with an intellectual disability if the person with an intellectual disability, or the father, mother, spouse, or adult child of the person with an intellectual disability, or the estate of the person with an intellectual disability is able to pay the costs of habilitation, care, or both received.
(b) If any person made liable by subsection (a) of this section does not pay the costs of habilitation, care, or both received by the person with an intellectual disability, the court shall issue to the liable person a citation to show cause why that person should not be adjudged to pay a portion or all of the expenses of habilitation, care, or both of the person with an intellectual disability. The citation shall be served at least 10 days before the show cause hearing. If, upon the hearing, it appears to the court that the person made liable by subsection (a) of this section does not have sufficient resources to pay the full costs of habilitation, care, or both received by the person with an intellectual disability, the court may order the payment of a reasonable amount of the costs of habilitation, care, or both received based on the liable person's resources. The court may order the liable person to make payments quarterly, monthly, or at any other interval deemed appropriate by the court. The order may be enforced against any property of the liable person as if the order were an order for temporary alimony in a divorce case.
(c) The Mayor may examine, under oath, the father, mother, spouse, adult child, and the executor of the estate of the person with an intellectual disability who receives habilitation, care, or both if the person lives in the District of Columbia, to ascertain the person's ability, or the ability of the estate, to pay the full costs or contribute to the costs of habilitation, care, or both of the person with an intellectual disability.
(d)(1) Notwithstanding any other provision of this chapter, effective January 1, 2012, a person with an intellectual disability who is otherwise eligible to receive supports and services from the District pursuant to this chapter must either pay the full cost of such supports and services directly to the provider or become District Medicaid-eligible and maintain District Medicaid eligibility in order to receive supports and services under this chapter from a District Medicaid-eligible provider. This requirement shall not apply to a person:
(A) Who is a former resident of Forest Haven;
(B) Whose needs cannot reasonably be met by a District Medicaid provider;
(C) Who is eligible for enrollment in the D.C. Healthcare Alliance; or
(D) Whose representative payee for the purposes of Social Security benefits is the Department of Disability Services or a provider agency who is contracted with the District to provide supports and services for that person, if the reason the person lost Medicaid eligibility is due to a failure by the representative payee.
(2) The Department of Disability Services shall work with and support the person to become District Medicaid-eligible and to maintain District Medicaid eligibility, and the person and his or her representatives, estate, or both shall fully cooperate in such efforts.
(Mar. 3, 1979, D.C. Law 2-137, § 311, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(i), 42 DCR 3684; Sept. 14, 2011, D.C. Law 19-21, § 5002(a), 58 DCR 6226; Sept. 26, 2012, D.C. Law 19-169, § 17(n), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1931.
1973 Ed., § 6-1664.
Effect of Amendments
D.C. Law 19-21 added subsec. (d).
D.C. Law 19-169 substituted "an intellectual disability" for "mental retardation".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 505(j) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).
For temporary (225 day) amendment of section, see § 4(a) of Human Services Spending Reduction Temporary Amendment Act of 1995 (D.C. Law 11-29, July 25, 1995, law notification 42 DCR 4002).
Emergency Act Amendments
For temporary amendment of section, see § 505(j) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197).
For temporary amendment of section, see § 4(a) of the Human Services Spending Reduction Emergency Amendment Act of 1995 (D.C. Act 11-35, April 11, 1995, 42 DCR 1834) and § 4(a) of the Human Services Spending Reduction Congressional Recess Emergency Amendment Act of 1995 (D.C. Act 11-104, July 21, 1995, 42 DCR 4014).
For temporary amendment of section, see § 506(i) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 7-1301.02.
For legislative history of D.C. Law 11-52, see Historical and Statutory Notes following § 7-1301.02.
For history of Law 19-21, see notes under § 7-731.
For history of Law 19-169, see notes under § 7-761.02.
Miscellaneous Notes
Short title: Section 5001 of D.C. Law 19-21 provided that subtitle A of title V of the act may be cited as "Intellectual Disability Services Medicaid Maximization Reform Amendment Act of 2011".
Except as provided in § 7-1303.12a, no person with an intellectual disability shall be committed to a facility under this chapter prior to the Court hearing required under this subchapter.
(Mar. 3, 1979, D.C. Law 2-137, § 312, 25 DCR 5094; Oct. 17, 2002, D.C. Law 14-199, § 2(g), 49 DCR 7647; Apr. 24, 2007, D.C. Law 16-305, § 26(h), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 17(o), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1932.
1973 Ed., § 6-1665.
Effect of Amendments
D.C. Law 14-199 substituted "Except as provided in § 7-1303.12a, no" for "No".
D.C. Law 16-305 substituted "person with mental retardation" for "mentally retarded person".
D.C. Law 19-169 substituted "an intellectual disability" for "mental retardation".
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(g) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14- 383, June 12, 2002, 49 DCR 5701).
For temporary (90 day) addition of § 7-1303.12a, see § 2(h) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14-383, June 12, 2002, 49 DCR 5701).
For temporary (90 day) amendment of section, see § 2(g) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-454, July 23, 2002, 49 DCR 8096).
For temporary (90 day) addition of § 7-1303.12a, see § 2(h) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-454, July 23, 2002, 49 DCR 8096).
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 7-1301.02.
For Law 14-199, see notes following § 7-1301.03.
For Law 16-305, see notes following § 7-531.01.
For history of Law 19-169, see notes under § 7-761.02.
(a) In the case of an individual found incompetent in a criminal case, the District shall have no more than 30 days from the date on which the finding is made that the individual is incompetent and not likely to gain competence in the foreseeable future in which to file a petition pursuant to § 7- 1303.04(b-1). For extraordinary cause shown, the Court may extend the period of time within which the petition must be filed.
(b) In the case of an individual found incompetent in a criminal case prior to October 17, 2002, the District shall have 60 days following October 17, 2002, in which to file a petition pursuant to § 7-1303.04(b-1) for commitment of an individual who is committed pursuant to § 7-1303.04(a), or of an individual whom the Court, within 365 days prior to October 17, 2002, found incompetent and not likely to gain competency in the foreseeable future.
(c) While awaiting the District's decision pursuant to subsection (a) of this section and during the pendency of any resultant commitment proceedings, the Court may order the individual placed with DDS for placement in a setting that DDS preliminarily determines can provide habilitation services consistent with the individual's needs and supervision or security sufficient to prevent the individual from causing injury to others as a result of his or her an intellectual disability.
(d) If the Court or DDS places the person in a setting that does not meet the definition of a facility contained in § 7-1301.03(13), the hearing pursuant to § 7-1304.06a shall commence no later than 90 days from the date on which the finding is made that the individual is incompetent and not likely to gain competence in the foreseeable future. If the hearing does not commence before the expiration of the 90-day time period, the Court shall place the individual with the DDS for placement in a facility that does satisfy § 7-1301.03(13) and that DDS preliminarily determines can provide habilitation services consistent with the individual's needs and supervision or security sufficient to prevent the individual from causing injury to others as a result of the individual's an intellectual disability.
(Mar. 3, 1979, D.C. Law 2-137, § 312a, as added Oct. 17, 2002, D.C. Law 14-199, § 2(h), 49 DCR 7647; Mar. 14, 2007, D.C. Law 16-264, § 301(g), 54 DCR 818; Sept. 26, 2012, D.C. Law 19-169, § 17(p), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 16-264 substituted "DDS" for "MRDDA" throughout the section.
D.C. Law 19-169 substituted "an intellectual disability" for "mental retardation".
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 301(g) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).
Legislative History of Laws
For Law 14-199, see notes following § 7-1301.03.
For Law 16-264, see notes following § 7-1301.03.
For history of Law 19-169, see notes under § 7-761.02.
A determination by the Court under this subchapter that an individual 14 years of age or older is incompetent to refuse commitment shall not be relevant to a determination of the individual's competency with respect to other matters not considered by the Court.
(Mar. 3, 1979, D.C. Law 2-137, § 313, 25 DCR 5094.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1933.
1973 Ed., § 6-1666.
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 7-1301.02.
(a) The Department on Disability Services shall promulgate rules and regulations governing the provision of respite care for persons with intellectual disabilities. These shall provide that periods of respite care shall not exceed 42 days in a 12-month period without specific authorization by the Court after a hearing conducted in accordance with subchapter IV of this chapter.
(b) Should any person be detained for respite care for a period exceeding 42 days in a 12-month period without specific authorization by the Court after a hearing conducted in accordance with subchapter IV of this chapter, he or she shall be promptly discharged.
(Mar. 3, 1979, D.C. Law 2-137, § 314, 25 DCR 5094; Mar. 14, 2007, D.C. Law 16-264, § 301(h), 54 DCR 818; Apr. 24, 2007, D.C. Law 16-305, § 26(i), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 17(q), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1934.
1973 Ed., § 6-1667.
Effect of Amendments
D.C. Law 16-264, in subsec. (a), substituted "Department on Disability Services" for "Department of Human Services".
D.C. Law 16-305, in subsec. (a), substituted "persons with mental retardation" for "mentally retarded persons".
D.C. Law 19-169 substituted "an intellectual disabilities" for "mental retardation".
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 301(h) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 7-1301.02.
For Law 16-264, see notes following § 7-1301.03.
For Law 16-305, see notes following § 7-531.01.
For history of Law 19-169, see notes under § 7-761.02.
References in Text
The Department of Human Resources was replaced by the Department of Human Services pursuant to Reorganization Plan No. 2 of 1979, dated February 21, 1980.
