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.
Individuals whose admission to a facility under § 7-1303.02 has been questioned on grounds of their competency or the voluntariness of the admission, have the right to be represented by counsel, retained or appointed by the Court, in any proceeding held before the Court in accordance with § 7-1303.02(c), and they shall be informed by the Court of this right. Respondents shall be represented by counsel in any proceeding before the Court, and shall be so informed by the Court. If an individual whose admission is questioned requests the appointment of counsel or if a respondent fails or refuses to obtain counsel, the Court shall appoint counsel to represent the individual or respondent. Whenever possible, counsel shall be appointed who has had experience in the intellectual disability area. Counsel appointed to represent respondents, and counsel appointed to represent individuals whose admission has been questioned but who are unable to pay for such counsel, shall be awarded compensation by the Court for his or her services in an amount determined by the Court to be fair and reasonable.
(Mar. 3, 1979, D.C. Law 2-137, § 402, 25 DCR 5094; Sept. 26, 2012, D.C. Law 19-169, § 17(s), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1942.
1973 Ed., § 6-1669.
Effect of Amendments
D.C. Law 19-169 substituted "intellectual disability" for "mental retardation".
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 7-1301.02.
For history of Law 19-169, see notes under § 7-761.02.
(a) If a petition filed in accordance with § 7-1304.01 is not accompanied by a comprehensive evaluation report based on an evaluation which has been performed within 6 months prior to the hearing and an individual habilitation plan which has been prepared within 30 days of the filing of the petition, the Court shall immediately order that a comprehensive evaluation be conducted and an individual habilitation plan be written.
(b) A written report setting forth the results of the comprehensive evaluation and a copy of the habilitation plan shall be submitted to the Court. The report shall indicate:
(1) Whether or to what degree the individual or respondent has an intellectual disability;
(2) What habilitation is needed; and
(3) The record of habilitation and care, if any.
(c) The individual habilitation plan shall be developed by the same persons who conduct the comprehensive evaluation (except where the comprehensive evaluation has been performed by persons not geographically accessible to the District) working jointly with the person who is the subject of the plan, and such person's parent or guardian who petitioned for the commitment. In cases where the comprehensive evaluation has been performed by persons not geographically accessible to the District, the Court shall designate other appropriate and professionally qualified persons to develop the plan. The plan shall contain the following:
(1) A statement of the nature of the specific strengths, limitations and specific needs of the person who is the subject of the plan;
(2) A description of intermediate and long-range habilitation goals with a projected timetable for their attainment;
(3) A statement of, and an explanation for, the plan of habilitation designed to achieve these intermediate and long-range goals;
(4) A statement of the objective criteria, and an evaluation procedure and schedule for determining whether the goals are being achieved;
(5) A statement of the least restrictive setting for habilitation necessary to achieve the habilitation goals; and
(6) Criteria for release to less restrictive settings for habilitation and living, including criteria for discharge and a projected date for discharge if commitment is recommended by the plan.
(d) A copy of the report and the plan shall be provided to the individual or respondent and his or her counsel, and to the parent or guardian if the petition was filed under § 7-1303.04 or § 7-1303.06, at least 10 days prior to the hearing. If the petition was accompanied by a comprehensive evaluation and plan, copies of the report and plan shall be provided to the respondent and his or her counsel within 3 days of the filing of the petition.
(Mar. 3, 1979, D.C. Law 2-137, § 403, 25 DCR 5094; Apr. 24, 2007, D.C. Law 16-305, § 26(k), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 17(t), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1943.
1973 Ed., § 6-1670.
Effect of Amendments
D.C. Law 16-305 substituted "has mental retardation" for "is mentally retarded".
D.C. Law 19-169, in subsec. (b)(1), substituted "an intellectual disability" for "mental retardation".
Legislative History of Laws
For legislative history of D.C. Law 2-137, 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.
If the respondent demonstrates that a comprehensive evaluation of a person with an intellectual disability failed to comply substantially with accepted professional standards and that sound professional judgement was not exercised in the performance of the evaluation, the court, upon a motion of the respondent, may order an independent comprehensive evaluation of the person or an individual habilitation plan at the District's expense if the person is unable to pay.
(Mar. 3, 1979, D.C. Law 2-137, § 404, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(j), 42 DCR 3684; Sept. 26, 2012, D.C. Law 19-169, § 17(u), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1944.
1973 Ed., § 6-1671.
Effect of Amendments
D.C. Law 19-169 substituted "an intellectual disability" for "mental retardation".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 4(b) 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(b) of the Human Services Spending Reduction Emergency Amendment Act of 1995 (D.C. Act 11-35, April 11, 1995, 42 DCR 1834) and § 4(b) 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(j) 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 history of Law 19-169, see notes under § 7-761.02.
(a) The hearing in commitment proceedings shall be conducted promptly after filing of the petition pursuant to § 7-1303.04(a).
(b) A status hearing shall be held promptly after filing of the petition pursuant to § 7-1303.04(b-1).
(Mar. 3, 1979, D.C. Law 2-137, § 405, 25 DCR 5094; Oct, 17, 2002, D.C. Law 14-199, 2(j), 49 DCR 7647.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1945.
1973 Ed., § 6-1672.
Effect of Amendments
D.C. Law 14-199 designated subsec. (a), and in that subsection, substituted "petition pursuant to § 7-1303.04(a)" for "petition"; and added subsec. (b).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(j) 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(j) 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.
Except as provided in § 7-1304.06a, hearings shall be conducted in as informal a manner as may be consistent with orderly procedure. Individuals whose admission has been questioned or respondents have the right to be present during hearings and to testify, but shall not be compelled to testify, and shall be so advised by the Court. They shall have the right to call witnesses and present evidence, and to cross-examine opposing witnesses. The presence of the respondent may be waived only if the Court finds that the respondent has knowingly and voluntarily waived his or her right to be present, or if the Court determines that the respondent is unable to be present by virtue of his or her physical disability.
(Mar. 3, 1979, D.C. Law 2-137, § 406, 25 DCR 5094; Oct. 17, 2002, D.C. Law 14-199, § 2(k), 49 DCR 7647; Sept. 26, 2012, D.C. Law 19-169, § 17(v), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1946.
1973 Ed., § 6-1673.
Effect of Amendments
D.C. Law 14-199 substituted "Except as provided in § 7-1304.06a, hearings" for "Hearings".
D.C. Law 19-169 substituted "physical disability" for "physically handicapping condition".
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(k) 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) addition of § 7-1304.06a, see § 2(l) 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(k) 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).
For temporary (90 day) addition of § 7-1304.06a, see § 2(l) 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 history of Law 19-169, see notes under § 7-761.02.
(a) For a commitment hearing on a petition filed pursuant to § 7-1303.04(b-1), an individual found incompetent in a criminal case may demand a jury trial, and shall be so informed of this right. The demand shall be made at the status hearing held pursuant to § 7-1304.05(b). If a timely demand for jury trial is not made, the Court shall serve as the factfinder at the hearing. A hearing by the Court or jury shall be accorded with all reasonable speed.
(b) The comprehensive evaluation report and individual habilitation plan required by § 7-1304.03 shall be completed prior to the hearing.
(c) The individual found incompetent in a criminal case shall have the right to be present during the trial or hearings and to testify, but shall not be compelled to testify, and shall be so advised by the Court. The individual shall have the right to be represented by counsel, retained or appointed by the Court, in any hearing or trial, and shall be so informed by the Court of this right. The individual shall have the right to call witnesses and present evidence, and to cross-examine opposing witnesses.
(d) If the Court or jury finds that the individual does not have an intellectual disability or that the individual is not likely to cause injury to others as a result of the individual's intellectual disability if allowed to remain at liberty, the Court shall dismiss the petition. If the Court or jury finds that the individual has an intellectual disability and is likely to cause injury to others as a result of the individual's intellectual disability if allowed to remain at liberty, the Court shall order commitment to DDS for placement in a facility that would be the least restrictive means of providing the habilitation indicated by the individual habilitation plan required under § 7-1304.03 and of preventing the individual from causing injury to others as a result of the individual's intellectual disability.
(Mar 3, 1979, D.C. Law 2-137, § 406a, as added Oct. 17, 2002, D.C. Law 14-199, § 2(l), 49 DCR 7647; Mar. 14, 2007, D.C. Law 16-264, § 301(i), 54 DCR 818; Apr. 24, 2007, D.C. Law 16-305, § 27, 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 17(w), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 16-264, in subsec. (d), substituted "DDS" for "MRDDA".
D.C. Law 16-305, in subsec. (d), substituted "does not have mental retardation" for "is not mentally retarded" and "has mental retardation" for "is mentally retarded".
D.C. Law 19-169, in subsec. (d), substituted "have an intellectual disability" for "have mental retardation", "individual's intellectual disability" for "individual's mental retardation", and "has an intellectual disability" for "has mental retardation".
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 301(i) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).
Legislative History of Laws
For Law 14-199, see notes following § 7-1301.03.
For Law 16-264, 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.
(a) If the petition was filed pursuant to § 7-1303.04(a), the parent or guardian, or his or her counsel if so represented, shall present evidence which shows beyond a reasonable doubt that the respondent is not competent to refuse commitment.
(b) If the petition was filed pursuant to § 7-1303.04(b-1), the District shall present clear and convincing evidence that shows that the respondent is likely to cause injury to others as a result of an intellectual disability if allowed to remain at liberty.
(Mar. 3, 1979, D.C. Law 2-137, § 407, 25 DCR 5094; Oct. 17, 2002, D.C. Law 14-199, 2(m), 49 DCR 7647; Sept. 26, 2012, D.C. Law 19-169, § 17(x), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1947.
1973 Ed., § 6-1674.
Effect of Amendments
D.C. Law 14-199 designated subsec. (a), and in that subsection, substituted "§ 7-1303.04(a)" for "§ 7-1303.04"; and added subsec. (b).
D.C. Law 19-169, in subsec. (b), substituted "an intellectual disability" for "mental retardation".
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(m) 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(m) 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 history of Law 19-169, see notes under § 7-761.02.
Hearings shall be closed to the public unless the person with an intellectual disability, or his or her counsel, requests that a hearing be open to the public.
(Mar. 3, 1979, D.C. Law 2-137, § 408, 25 DCR 5094; Apr. 24, 2007, D.C. Law 16-305, § 26(l), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 17(y), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1948.
1973 Ed., § 6-1675.
Effect of Amendments
D.C. Law 16-305 substituted "the person with mental retardation" for "the mentally retarded person".
D.C. Law 19-169 substituted "an intellectual disability" for "mental retardation".
Legislative History of Laws
For legislative history of D.C. Law 2-137, 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.
(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.
Any commitment order of the Court may be appealed in a like manner as other civil actions.
(Mar. 3, 1979, D.C. Law 2-137, § 410, 25 DCR 5094.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1950.
1973 Ed., § 6-1677.
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 7-1301.02.
(a) Any decision of the Court ordering commitment of a person with an intellectual disability to a facility pursuant to § 7-1304.09 shall be reviewed in a Court hearing annually. The individual with an intellectual disability shall be discharged unless there is a finding of the following:
(1) The Court determines that the individual with an intellectual disability has benefited from the habilitation;
(2) The facility pursuant to § 7-1304.09, its sponsoring agency, or the Department on Disability Services demonstrates that continued residential habilitation is necessary for the habilitation program;
(3) The person with an intellectual disability is a resident of the District of Columbia; and
(4) The person meets the requirements for commitment in §§ 7-1303.04(b) and 7-1303.06(a).
(a-1) Any decision of the Court ordering commitment of an individual found incompetent in a criminal case to DDS pursuant to § 7-1304.06a shall be reviewed in a court hearing annually. The individual shall not be discharged if the Court finds that the individual is likely to cause injury to others as a result of his or her intellectual disability if allowed to regain his or her liberty.
(b) If an individual with an intellectual disability is discharged in accordance with the provisions of subsection (a) or subsection (a-1) of this section but continues to evidence the need for habilitation and care, it shall be the responsibility of the Department on Disability Services to arrange for suitable services for the person.
(Mar. 3, 1979, D.C. Law 2-137, § 411, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(l), 42 DCR 3684; Apr. 9, 1997, D.C. Law 11-255, § 14(b), 44 DCR 1271; Oct. 17, 2002, D.C. Law 14-199, § 2(o), 49 DCR 7647; Mar. 14, 2007, D.C. Law 16-264, § 301(j), 54 DCR 818; Apr. 24, 2007, D.C. Law 16- 305, § 26(n), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 17(aa), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1951.
1973 Ed., § 6-1678.
Effect of Amendments
D.C. Law 14-199, in subsec. (a), substituted "facility pursuant to § 7-1304.09" for "facility"; added subsec. (a-1); and in subsec. (b), substituted "subsection (a) or subsection (a-1) of this section" for "subsection (a)(1) of this section".
D.C. Law 16-264, in subsecs. (a) and (b), substituted "Department on Disability Services" for "Department of Human Services"; and, in subsec. (a-1), substituted "DDS" for "MRDDA".
D.C. Law 16-305, in subsec. (a), substituted "person with mental retardation" for "mentally retarded person"; and throughout the rest of the section, substituted "individual with mental retardation" for "mentally retarded individual".
D.C. Law 19-169 substituted "with mental retardation" for "with an intellectual disability" ; and, in subsec. (a-1), substituted "his or her intellectual disability" for "his or her mental retardation".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 505(l) 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(d) 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(l) 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(d) of the Human Services Spending Reduction Emergency Amendment Act of 1995 (D.C. Act 11-35, April 11, 1995, 42 DCR 1834) and § 4(d) 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(b) of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217) and § 506(l) 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(o) 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(o) 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).
For temporary (90 day) amendment of section, see § 301(j) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).
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 legislative history of D.C. Law 11-255, see Historical and Statutory Notes following § 7-1303.09.
For Law 14-199, see notes following § 7-1301.03.
For Law 16-264, 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.
Costs and expenses of all proceedings held under this chapter shall be paid as follows:
(1) To expert witnesses designated by the Court, an amount determined by the Court;
(2) To attorneys appointed under this chapter, fees as authorized under the Criminal Justice Act (§ 11-2601 et seq.);
(3) To other witnesses, the same fees and mileage as for attendance at Court to be paid upon the approval of the Court.
(Mar. 3, 1979, D.C. Law 2-137, § 412, 25 DCR 5094.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1952.
1973 Ed., § 6-1679.
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 7-1301.02.
(a) Persons with intellectual disabilities who admit themselves to a facility under § 7-1303.02, and persons with an intellectual disability whose commitment is sought under § 7-1303.04 or § 7-1303.06, shall have the assistance of an advocate for a person with an intellectual disability in every proceeding and at each stage in such proceedings under this chapter.
(b) Upon receipt of the petition for commitment or notification of admission as provided in §§ 7-1303.02, 7-1303.04, and 7-1303.06, the Court shall appoint a qualified advocate for a person with an intellectual disability selected from a list of such advocates it maintains.
(c) Advocates for a person with an intellectual disability shall have the following powers and duties:
(1) To inform persons subject to the procedures set forth in this chapter of their rights;
(2) To consult with the person, his or her family and others concerned with his or her habilitation and well being;
(3) To ensure by all means, including case referral to legal services, agencies and other practicing lawyers, that the person is afforded all rights under the law; and
(4) To guide and assist the person in such a manner as to encourage self-reliance and enable the person to participate to the greatest extent possible in decisions concerning his or her habilitation plan, and the services to be provided under this plan.
(d) The advocate for a person with an intellectual disability shall receive notice and shall have the right to participate in all meetings, conferences or other proceedings relating to any matter affecting provision of services to the person including, but not limited to, comprehensive evaluation, habilitation plan, petition and hearings for commitment and for periodic review of the commitment.
(e) The advocate for a person with an intellectual disability shall have access to all records, reports and documents affecting his or her client.
(f) The advocate for a person with an intellectual disability shall have access to all personnel and facilities responsible for providing care or services to his or her client and shall be permitted to visit and communicate with his or her client in private, and at any reasonable time without prior notice; provided, that he or she shows reasonable cause for visiting at times other than visiting hours.
(g) The advocate for a person with an intellectual disability shall be a person with training and experience in the field of intellectual disability.
(h) Advocates shall be provided directly by the Court or by a contract with individuals or organizations including local associations for individuals with intellectual disabilities; however, the Court shall ensure that contracts and other arrangements for selection and provision of advocates provide that each advocate for a person with an intellectual disability shall be independent of any public or private agency which provides services to persons subject to this chapter.
(i) In the selection, training and development of the advocacy provision of this section, the Court shall explore and seek out potential sources of funding at the federal and District levels.
(j) Advocates shall be provided with facilities, supplies, and secretarial and other support services sufficient to enable them to carry out their duties under this chapter.
(k) All communication between advocates and their clients shall remain confidential and privileged as if between attorney and client.
(l) The Court shall promulgate such rules amplifying and clarifying this section as it deems necessary.
(m) Persons with intellectual disabilities subject to this chapter may knowingly reject the services of an advocate for a person with an intellectual disability and shall be so advised by the Court. Advocates whose services have been rejected by the person with an intellectual disability shall not have the rights set forth in subsections (c), (d), (e), (f) and (j) of this section.
(n) If so authorized by the Court, the advocate for a person with an intellectual disability shall be permitted to grant, refuse, or withdraw consent on behalf of his or her client with respect to the provision of any health-care service, treatment, or procedure, consistent with the provisions of Chapter 22 of Title 21.
(Mar. 3, 1979, D.C. Law 2-137, § 413, 25 DCR 5094; Apr. 24, 2007, D.C. Law 16-305, § 26(o), 53 DCR 6198; Oct. 22, 2008, D.C. Law 17-249, § 5(b), 55 DCR 9206; Sept. 26, 2012, D.C. Law 19-169, § 17(bb), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1953.
1973 Ed., § 6-1680.
Effect of Amendments
D.C. Law 16-305, in subsecs. (a) and (m), substituted "persons with mental retardation" for "mentally retarded persons".
D.C. Law 17-249 added subsec. (n).
D.C. Law 19-169 rewrote the section, which formerly read:
"(a) Persons with mental retardation who admit themselves to a facility under § 7-1303.02, and persons with mental retardation whose commitment is sought under § 7-1303.04 or § 7-1303.06, shall have the assistance of a mental retardation advocate in every proceeding and at each stage in such proceedings under this chapter.
"(b) Upon receipt of the petition for commitment or notification of admission as provided in §§ 7-1303.02, 7-1303.04, and 7-1303.06, the Court shall appoint a qualified mental retardation advocate selected from a list of such advocates it maintains.
"(c) Mental retardation advocates shall have the following powers and duties:
"(1) To inform persons subject to the procedures set forth in this chapter of their rights;
"(2) To consult with the person, his or her family and others concerned with his or her habilitation and well being;
"(3) To ensure by all means, including case referral to legal services, agencies and other practicing lawyers, that the person is afforded all rights under the law; and
"(4) To guide and assist the person in such a manner as to encourage self-reliance and enable the person to participate to the greatest extent possible in decisions concerning his or her habilitation plan, and the services to be provided under this plan.
"(d) The mental retardation advocate shall receive notice and shall have the right to participate in all meetings, conferences or other proceedings relating to any matter affecting provision of services to the person including, but not limited to, comprehensive evaluation, habilitation plan, petition and hearings for commitment and for periodic review of the commitment.
"(e) The mental retardation advocate shall have access to all records, reports and documents affecting his or her client.
"(f) The mental retardation advocate shall have access to all personnel and facilities responsible for providing care or services to his or her client and shall be permitted to visit and communicate with his or her client in private, and at any reasonable time without prior notice; provided, that he or she shows reasonable cause for visiting at times other than visiting hours.
"(g) The mental retardation advocate shall be a person with training and experience in the field of mental retardation.
"(h) Advocates shall be provided directly by the Court or by a contract with individuals or organizations including local associations for consumers of mental retardation services; however, the Court shall ensure that contracts and other arrangements for selection and provision of advocates provide that each mental retardation advocate shall be independent of any public or private agency which provides services to persons subject to this chapter.
"(i) In the selection, training and development of the advocacy provision of this section, the Court shall explore and seek out potential sources of funding at the federal and District levels.
"(j) Advocates shall be provided with facilities, supplies, and secretarial and other support services sufficient to enable them to carry out their duties under this chapter.
"(k) All communication between advocates and their clients shall remain confidential and privileged as if between attorney and client.
"(l) The Court shall promulgate such rules amplifying and clarifying this section as it deems necessary.
"(m) Persons with mental retardation subject to this chapter may knowingly reject the services of a mental retardation advocate and shall be so advised by the Court. Advocates whose services have been rejected by the person with mental retardation shall not have the rights set forth in subsections (c), (d), (e), (f) and (j) of this section.
"(n) If so authorized by the Court, the mental retardation advocate shall be permitted to grant, refuse, or withdraw consent on behalf of his or her client with respect to the provision of any health-care service, treatment, or procedure, consistent with the provisions of Chapter 22 of Title 21."
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 4(b) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2005 (D.C. Law 16-46, February 9, 2006, law notification 53 DCR 1454).
For temporary (225 day) amendment of section, see § 4(b) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2006 (D.C. Law 16-194, March 2, 2007, law notification 54 DCR 2492).
For temporary (225 day) amendment of section, see § 4(b) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Temporary Amendment Act of 2007 (D.C. Law 17-100, February 2, 2008, law notification 55 DCR 3407).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 4(b) of Health-Care Decisions for Persons with Mental Retardation and Developmental Disabilities Emergency Amendment Act of 2005 (D.C. Act 16-190, October 28, 2005, 52 DCR 10021).
For temporary (90 day) amendment of section, see § 4(b) of Health-Care Decisions for Persons with Mental Retardation and Development Disabilities Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-262, January 26, 2006, 53 DCR 795).
For temporary (90 day) amendment of section, see § 4(b) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Amendment Act of 2006 (D.C. Act 16-480, September 25, 2006, 53 DCR 7940).
For temporary (90 day) amendment of section, see § 4(b) of Health-Care Decisions for Persons with Developmental Disabilities Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-566, December 19, 2006, 53 DCR 10272).
For temporary (90 day) amendment of section, see § 4(b) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Act of 2007 (D.C. Act 17-161, October 18, 2007, 54 DCR 10932).
For temporary (90 day) amendment of section, see § 4(b) of Health-Care Decisions for Persons with Developmental Disabilities Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-245, January 23, 2008, 55 DCR 1230).
For temporary (90 day) amendment, see § 5(b) of Health-Care Decisions for Persons with Developmental Disabilities Emergency Act of 2008 (D.C. Act 17-492, August 4, 2008, 55 DCR 9167).
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 7-1301.02.
For Law 16-305, see notes following § 7-531.01.
For Law 17-249, see notes following § 7-1203.03.
For history of Law 19-169, see notes under § 7-761.02.
