§ 7-1303.08. Discharge from commitment upon request by parent or guardian.

Current through October 23, 2012

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.

                
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(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.