§ 7-1303.01. Competence of individual to refuse commitment.

Current through October 23, 2012

(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.

                
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(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.