§ 7–1305.14. Deprivation of civil rights; public or private employment; retention of rights; liability; immunity; exceptions.

(a) No person shall be deprived of any civil right, or public or private employment, solely by reason of his or her having received services, voluntarily or involuntarily, for an intellectual or developmental disability.

(b) Any person who has been admitted or committed to a facility under the provisions of this chapter retains all rights not specifically denied him or her under this chapter, including rights of habeas corpus.

(c) Any person who violates or abuses any rights or privileges protected by this chapter shall be liable for damages as determined by law, for Court costs and for reasonable attorneys’ fees. Any person who acts in good faith compliance with the provisions of this chapter shall be immune from civil or criminal liability for actions in connection with evaluation, admission, commitment, habilitative programming, education or discharge of a resident. However, this section shall not relieve any person from liability for acts of negligence, misfeasance, nonfeasance, or malfeasance.

(Mar. 3, 1979, D.C. Law 2-137, § 514, 25 DCR 5094; Sept. 26, 2012, D.C. Law 19-169, § 17(ss), 59 DCR 5567; May 18, 2022, D.C. Law 24-117, § 3(b)(4), 69 DCR 002653.)

Prior Codifications

1981 Ed., § 6-1974.

1973 Ed., § 6-1694.

Effect of Amendments

The 2012 amendment by D.C. Law 19-169 substituted “an intellectual disability” for “mental retardation” in (a).

Applicability

Section 7139 of D.C. Law 24-167 amended section 4 of D.C. Law 24-117 removing the applicability provision impacting this section. Therefore the amendment of this section by section 3(b)(4) of Law 24-117 has been implemented.

Applicability of D.C. Law 24-117: § 4 of D.C. Law 24-117 provided that the change made to this section by § 3(b)(4) of D.C. Law 24-117 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Editor's Notes

Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.