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Current through October 23, 2012
(a) It is the intent of the Council of the District of Columbia to:
(1) Assure that residents of the District of Columbia with intellectual disabilities shall have all the civil and legal rights enjoyed by all other citizens of the District of Columbia and the United States;
(2) Secure for each resident of the District of Columbia with intellectual disability, regardless of ability to pay, such habilitation as will be suited to the needs of the person, and to assure that such habilitation is skillfully and humanely provided with full respect for the person's dignity and personal integrity and in a setting least restrictive of personal liberty;
(3) Encourage and promote the development of the ability and potential of each person with an intellectual disability in the District to the fullest possible extent, no matter how severe his or her degree of disability;
(4) Promote the economic security, standard of living and meaningful employment of persons with intellectual disabilities;
(5) Maximize the assimilation of persons with mental retardation into the ordinary life of the community in which they live; and
(6) Provide a mechanism for the identification of persons with mental retardation at the earliest age possible.
(b) To accomplish these purposes, the Council of the District of Columbia finds and declares that the design and delivery of care and habilitation services for persons with mental retardation shall be directed by the principles of normalization, and therefore:
(1) Community-based services and residential facilities that are least restrictive to the personal liberty of the individual shall be established for persons with mental retardation at each stage of life development;
(2) The use of institutionalization shall be abated to the greatest extent possible;
(3) Whenever care in an institution or residential facility is required, it shall be in the least restrictive setting; and
(4) Individuals placed in institutions shall be transferred to community or home environments whenever possible, consistent with professional diagnoses and recommendations.
(Mar. 3, 1979, D.C. Law 2-137, § 102, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(a), 42 DCR 3684; Apr. 24, 2007, D.C. Law 16-305, § 26(a), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 17(c), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1901.
1973 Ed., § 6-1651.
Effect of Amendments
D.C. Law 16-305, in subsec. (a)(3), substituted "person with mental retardation" for "mentally retarded person"; and substituted "persons with mental retardation" for "mentally retarded persons" throughout the section.
D.C. Law 19-169, in pars. (1) and (4), substituted "intellectual disabilities" for "mental retardation"; in par. (3), substituted "an intellectual disability" for "mental retardation".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 505(a) 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(a) 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) provisions directing implementation of Medicaid waiver conversion, see § 3002 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).
For temporary (90 day) amendment of section, see § 3002 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).
Legislative History of Laws
Law 2-137, the "Mentally Retarded Citizens Constitutional Rights and Dignity Act of 1978," was introduced in Council and assigned Bill No. 2-108, which was referred to the Committee on Human Resources and Aging. The Bill was adopted on first and second readings on September 19, 1978 and October 3, 1978, respectively. Signed by the Mayor on November 8, 1978, it was assigned Act No. 2-297 and transmitted to both Houses of Congress for its review.
Law 11-52, the "Omnibus Budget Support Act of 1995," was introduced in Council and assigned Bill No. 11-218, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on April 19, 1995, and June 6, 1995, respectively. Signed by the Mayor on July 13, 1995, it was assigned Act No. 11-94 and transmitted to both Houses of Congress for its review. D.C. Law 11-52 became effective on September 26, 1995.
Law 13-172, the "Fiscal Year 2001 Budget Support Act of 2000," was introduced in Council and assigned Bill No. 13-679, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 18, 2000, and June 6, 2000, respectively. Signed by the Mayor on June 26, 2000, it was assigned Act No. 13-375 and transmitted to both Houses of Congress for its review. D.C. Law 13-172 became effective on October 19, 2000.
For Law 16-305, see notes following § 7-531.01.
For history of Law 19-169, see notes under § 7-761.02.
Miscellaneous Notes
Section 3002 of D.C. Law 13-172 provides:
"The Department of Human Services and the Department of Health shall coordinate the full implementation of the Medicaid Home and Community Based Waiver and abolish the Community Residential Facilities for the Mentally Retarded and Developmentally Disabled ('MRDD') level of care and convert all MRDD clients previously served by Community Residential Facilities ('CRF') for the Mentally Retarded and Developmentally Disabled to the Home and Community Based Waiver. The Mayor shall submit quarterly reports to the Council detailing the progress of the implementation of the Medicaid Home and Community Based Waiver."
Establishment--D.C. Mental Retardation and Developmental Disabilities Administration (MRDDA) Fatality Review Committee, see Mayor's Order 2001-27, February 14, 2001 (48 DCR 2180).
Section 35 of D.C. Law 19-169 provides:
"Sec. 35. No provision of this act shall impair any right or obligation existing under law."
Delegation of Authority
Delegation of Authority to the Administration of the Mental Retardation and Developmental Disabilities Administration and Requirements for Inter-Agency Cooperation, see Mayor's Order 2006-101, July 26, 2006 (53 DCR 6393).
