§ 7-1305.13. Initiation of action to compel rights; civil remedy; sovereign immunity barred; defense to action; payment of expenses.

Current through October 23, 2012

(a) Any interested party shall have the right to initiate an action in the Court to compel the rights afforded persons with intellectual disabilities under this chapter.

(b) Any individual shall have the right to a civil remedy in an amount not less than $25 per day from the Director or the District of Columbia, separately or jointly, for each day in which said individual at a facility is not provided a program adequate for habilitation and normalization pursuant to the individual's individual habilitation plan, unless the District is unable to pay the cost of recommended services because available funds appropriated for the purposes of this chapter are insufficient to pay the costs.

(d) The good faith belief that an habilitation program was professionally indicated shall be a defense to an action under subsection (b) of this section, despite the program's apparent ineffectiveness. In such circumstances, the habilitation program shall be modified to one appropriate for the individual within 5 days of a Court's decision that the program is inappropriate.

(e) Reasonable attorneys' fees and Court costs shall be available for actions brought under this section.

                
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(Mar. 3, 1979, D.C. Law 2-137, § 513, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(x), 42 DCR 3684; Apr. 24, 2007, D.C. Law 16-305, § 26(p), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 17(rr), 59 DCR 5567.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 6-1973.

1973 Ed., § 6-1693.

Effect of Amendments

D.C. Law 16-305, in subsec. (a), substituted "persons with mental retardation" for "mentally retarded persons".

D.C. Law 19-169 substituted "individual" for "customer" throughout the section; and, in subsec. (a), substituted and "individual disabilities" for "mental retardation"; and, in subsec. (b), substituted "individual's" for "customer's".

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 505(x) 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(h) 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 § 4(h) of the Human Services Spending Reduction Emergency Amendment Act of 1995 (D.C. Act 11-35, April 11, 1995, 42 DCR 1834) and § 4(h) 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 § 402(k) of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217) and § 506(x) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).

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 16-305, see notes following § 7-531.01.

For history of Law 19-169, see notes under § 7-761.02.