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Current through October 23, 2012
(a) Upon completion of the hearing on a petition filed pursuant to § 7- 1303.04(a), the Court shall order that a respondent shall not be committed to a facility if the Court finds that:
(1) The respondent does not have at least a moderate intellectual disability;
(2) A respondent 14 years of age or older is competent to refuse commitment; or
(3) The respondent is not a resident of the District of Columbia.
(b) Only if the Court determines that the conditions set forth in § 7- 1303.04(b) and § 7-1303.06 are satisfied shall it order commitment to a facility consistent with the comprehensive evaluation and individual habilitation plan of the person with an intellectual disability.
(c) If the Court determines, pursuant to subsections (a) and (b) of this subsection, that a respondent should not be committed to a facility, the Court may order that the respondent undergo such nonresidential habilitation and care as may be appropriate, necessary, and available, or it may order no habilitation and care.
(d) For persons whose admission to facilities has been questioned under § 7- 1303.02, the Court shall enter an appropriate order as set forth under that section.
(Mar. 3, 1979, D.C. Law 2-137, § 409, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(k), 42 DCR 3684; Oct. 17, 2002, D.C. Law 14-199, § 2(n), 49 DCR 7647; Apr. 24, 2007, D.C. Law 16-305, § 26(m), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 17(z), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1949.
1973 Ed., § 6-1676.
Effect of Amendments
D.C. Law 14-199, in subsec. (a), substituted "hearing on a petition filed pursuant to § 7-1303.04(a)" for "hearing"; in subsec. (b), substituted "§ 7- 1303.04(b)" for "§ 7-1303.04"; and in subsec. (c), substituted "determines, pursuant to subsections (a) and (b) of this subsection," for "determines".
D.C. Law 16-305, in subsec. (b), substituted "the person with mental retardation" for "the mentally retarded person".
D.C. Law 19-169 rewrote subsec. (a)(1); and, in subsec. (b), substituted "an intellectual disability" for "mental retardation". Prior to amendment, subsec. (a)(1) read as follows:
"(1) The respondent is not at least moderately mentally retarded;"
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 505(k) 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(c) 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(k) 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(c) of the Human Services Spending Reduction Emergency Amendment Act of 1995 (D.C. Act 11-35, April 11, 1995, 42 DCR 1834) and § 4(c) 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(k) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).
For temporary (90 day) amendment of section, see § 2(n) 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(n) 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 Law 16-305, see notes following § 7-531.01.
For history of Law 19-169, see notes under § 7-761.02.
