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Current through October 23, 2012
Proceedings for the commitment of an individual pursuant to subchapter III of this chapter shall be commenced by the filing of a written petition with the Court in the manner and form prescribed by the Court. The petition may be filed by a parent or guardian with respect to an individual who is or is believed to have an intellectual disability. If filed by the parent or guardian, a copy of the petition shall be served on the respondent and on his or her counsel, retained or appointed pursuant to § 7-1304.02. The petition may be filed by the District in the case of an individual with an intellectual disability found incompetent in a criminal case. If filed by the District, a copy of the petition shall be served on the individual, the individual's counsel, the individual's parent or guardian, and the individual's advocate for a person with an intellectual disability.
(Mar. 3, 1979, D.C. Law 2-137, § 401, 25 DCR 5094; Oct. 17, 2002, D.C. Law 14-199, § 2(i), 49 DCR 7647; Apr. 24, 2007, D.C. Law 16-305, § 26(j), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 17(r), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1941.
1973 Ed., § 6-1668.
Effect of Amendments
D.C. Law 14-199 added the last sentence.
D.C. Law 16-305 substituted "have mental retardation" for "be mentally retarded".
D.C. Law 19-169 substituted "have an intellectual disability" for "have mental retardation", "with an intellectual disability" for "with mental retardation", and "individual's advocate for a person with an intellectual disability" for "individual's mental retardation advocate".
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(i) 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(i) 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.
