Subchapter III. Commitments.

§ 7–1303.01. Competence of individual to refuse commitment.

(a) Repealed.

(b) The Court may commit a person pursuant to § 7-1304.06a irrespective of the person's competence to refuse such commitment.

(Mar. 3, 1979, D.C. Law 2-137, § 301, 25 DCR 5094; Oct. 17, 2002, D.C. Law 14-199, § 2(b), 49 DCR 7647; Apr. 24, 2007, D.C. Law 16-305, § 26(c), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 17(e), 59 DCR 5567; May 5, 2018, D.C. Law 22-93, § 201(c)(2), 65 DCR 2823.)

Prior Codifications

1981 Ed., § 6-1921.

1973 Ed., § 6-1654.

Effect of Amendments

D.C. Law 14-199 redesignated the section as subsec. (a); in subsec. (a), substituted “Except as provided in subsection (b) of this section, no individual” for “No individual”; and added subsec. (b).

D.C. Law 16-305, in subsec. (a), substituted “has or is believed to have mental retardation” for “is or is believed to be mentally retarded”.

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

Applicability

Section 401 of D.C. Law 22-93 provided that the amendments made to this section by Law 22-93 shall apply 90 days after May 5, 2018.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(b) 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(b) 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).

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.

§ 7–1303.02. Voluntary admission. [Repealed]

Repealed.

(Mar. 3, 1979, D.C. Law 2-137, § 302, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(d), 42 DCR 3684; Apr. 24, 2007, D.C. Law 16-305, § 26(d), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 17(f), 59 DCR 5567; May 5, 2018, D.C. Law 22-93, § 201(c)(3), 65 DCR 2823.)

Prior Codifications

1981 Ed., § 6-1922.

1973 Ed., § 6-1655.

Section References

This section is referenced in § 7-1304.02, § 7-1304.09, § 7-1304.13, and § 7-1305.04.

Effect of Amendments

D.C. Law 16-305, in subsec. (a), substituted “has mental retardation, may have mental retardation, or has been diagnosed with mental retardation” for “is, may be, or has been diagnosed mentally retarded”.

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

Applicability

Section 401 of D.C. Law 22-93 provided that the amendments made to this section by Law 22-93 shall apply 90 days after May 5, 2018.

Emergency Legislation

For temporary amendment of section, see § 505(d) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197).

Temporary Legislation

For temporary (225 day) amendment of section, see § 505(d) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).

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.

§ 7–1303.03. Application by individual for out-patient nonresidential habilitation. [Repealed]

Repealed.

(Mar. 3, 1979, D.C. Law 2-137, § 303, 25 DCR 5094; Mar. 14, 2007, D.C. Law 16-264, § 301(b), 54 DCR 818; Apr. 24, 2007, D.C. Law 16-305, § 26(e), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 17(g), 59 DCR 5567; May 5, 2018, D.C. Law 22-93, § 201(c)(4), 65 DCR 2823.)

Prior Codifications

1981 Ed., § 6-1923.

1973 Ed., § 6-1656.

Effect of Amendments

D.C. Law 16-264 substituted “Department on Disability Services” for “Department of Human Services” throughout the section.

D.C. Law 16-305 substituted “has mental retardation, may have mental retardation, or has been diagnosed with mental retardation” for “is, may be, or has been diagnosed mentally retarded”.

The 2012 amendment by D.C. Law 19-169 substituted “an intellectual disability” for “mental retardation” wherever it appears in the section.

Applicability

Section 401 of D.C. Law 22-93 provided that the amendments made to this section by Law 22-93 shall apply 90 days after May 5, 2018.

Emergency Legislation

For temporary (90 day) amendment of section, see § 301(b) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).

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.

§ 7–1303.04. Petition for commitment of individual 14 years of age or older filed by parent or guardian or by the District.

(a) Repealed.

(a-1)(1) Except as provided in subsection (b-1) of this section, no person shall be newly committed under this chapter on or after May 5, 2018.

(2) For a person committed by written petition of a parent or guardian before May 5, 2018, the continued commitment of the person shall be governed by § 7-1304.11(a).

(b) Repealed.

(b-1) For a person found incompetent in a criminal case, a written petition by the District may be filed with the Court to have the person committed to a facility. Upon the filing of the petition, the Court shall promptly conduct a hearing in accordance with the procedures set forth in subchapter IV of this chapter.

(c) The facility, its sponsoring agency, or the Department on Disability Services shall provide a written certification to the Court, before commitment to the facility is ordered, that the habilitation indicated by the individual habitation plan will be implemented.

(Mar. 3, 1979, D.C. Law 2-137, § 304, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(e), 42 DCR 3684; Oct. 17, 2002, D.C. Law 14-199, § 2(c), 49 DCR 7647; Mar. 14, 2007, D.C. Law 16-264, § 301(c), 54 DCR 818; Apr. 24, 2007, D.C. Law 16-305, § 26(f), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 17(h), 59 DCR 5567; May 5, 2018, D.C. Law 22-93, § 201(c)(5), 65 DCR 2823.)

Prior Codifications

1981 Ed., § 6-1924.

1973 Ed., § 6-1657.

Section References

This section is referenced in § 7-1303.08, § 7-1303.12a, § 7-1304.03, § 7-1304.05, § 7-1304.06a, § 7-1304.07, § 7-1304.09, § 7-1304.11, and § 7-1304.13.

Effect of Amendments

D.C. Law 14-199, in the section heading, substituted “guardian or by the District” for “guardian”; in subsec. (b), substituted “If, on a petition filed pursuant to subsection (a) of this section, the Court” for “If the Court”; and added subsec. (b).

D.C. Law 16-264, in subsecs. (b)(3) and (c), substituted “Department on Disability Services” for “Department of Human Services”.

D.C. Law 16-305, in subsec. (a), substituted “have mental retardation” for “be mentally retarded”.

The 2012 amendment by D.C. Law 19-169 substituted “an intellectual disability” for “mental retardation” in (a); and substituted “the individual has at least a moderate intellectual disability” for “the individual is at least moderately mentally retarded” in (b)(1).

Applicability

Section 401 of D.C. Law 22-93 provided that the amendments made to this section by Law 22-93 shall apply 90 days after May 5, 2018.

Emergency Legislation

For temporary amendment of section, see § 505(e) 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 (90 day) amendment of section, see § 2(c) 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(c) 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(c) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).

Temporary Legislation

For temporary (225 day) amendment of section, see § 505(e) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).

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.

§ 7–1303.05. Application by parent or guardian for nonresidential habilitation. [Repealed]

Repealed.

(Mar. 3, 1979, D.C. Law 2-137, § 305, 25 DCR 5094; Mar. 14, 2007, D.C. Law 16-264, § 301(d), 54 DCR 818; Apr. 24, 2007, D.C. Law 16-305, § 26(g), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 17(i), 59 DCR 5567; May 5, 2018, D.C. Law 22-93, § 201(c)(6), 65 DCR 2823.)

Prior Codifications

1981 Ed., § 6-1925.

1973 Ed., § 6-1658.

Effect of Amendments

D.C. Law 16-264 substituted “Department on Disability Services” for “Department of Human Services” throughout the section.

D.C. Law 16-305 substituted “have mental retardation” for “be mentally retarded”.

The 2012 amendment by D.C. Law 19-169 substituted “an intellectual disability” for “mental retardation” in the first sentence.

Applicability

Section 401 of D.C. Law 22-93 provided that the amendments made to this section by Law 22-93 shall apply 90 days after May 5, 2018.

Emergency Legislation

For temporary (90 day) amendment of section, see § 301(d) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).

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.

§ 7–1303.06. Petition for commitment of individual under 14 years of age filed by parent or guardian. [Repealed]

Repealed.

(Mar. 3, 1979, D.C. Law 2-137, § 306, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(f), 42 DCR 3684; Mar. 14, 2007, D.C. Law 16-264, § 301(e), 54 DCR 818; Sept. 26, 2012, D.C. Law 19-169, § 17(j), 59 DCR 5567; May 5, 2018, D.C. Law 22-93, § 201(c)(7), 65 DCR 2823.)

Prior Codifications

1981 Ed., § 6-1926.

1973 Ed., § 6-1659.

Section References

This section is referenced in § 7-1303.08, § 7-1304.03, § 7-1304.09, § 7-1304.11, and § 7-1304.13.

Effect of Amendments

D.C. Law 16-264, in subsecs. (a)(3) and (b), substituted “Department on Disability Services” for “Department of Human Services”.

The 2012 amendment by D.C. Law 19-169 substituted “have an intellectual disability” for “be mentally retarded” in the introductory language of (a); and substituted “the individual has at least a moderate intellectual disability” for “the individual is at least moderately mentally retarded” in (a)(1).

Applicability

Section 401 of D.C. Law 22-93 provided that the amendments made to this section by Law 22-93 shall apply 90 days after May 5, 2018.

Emergency Legislation

For temporary amendment of section, see § 505(f) 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 (90 day) amendment of section, see § 301(e) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).

Temporary Legislation

For temporary (225 day) amendment of section, see § 505(f) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).

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.

§ 7–1303.07. Immediate discharge from facility upon request by individual. [Repealed]

Repealed.

§ 7–1303.08. Discharge from commitment upon request by parent or guardian. [Repealed]

Repealed.

(Mar. 3, 1979, D.C. Law 2-137, § 308, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(g), 42 DCR 3684; Oct. 17, 2002, D.C. Law 14-199, § 2(d), 49 DCR 7647; Sept. 26, 2012, D.C. Law 19-169, § 17(k), 59 DCR 5567; May 5, 2018, D.C. Law 22-93, § 201(c)(9), 65 DCR 2823.)

Prior Codifications

1981 Ed., § 6-1928.

1973 Ed., § 6-1661.

Effect of Amendments

D.C. Law 14-199 substituted “§ 7-1303.04(b)” for “§ 7-1303.04”.

The 2012 amendment by D.C. Law 19-169 substituted “individual” for “customer” or variants wherever it appears in the section; and substituted “advocate for a person with an intellectual disability” for “mental retardation advocate” in the first sentence.

Applicability

Section 401 of D.C. Law 22-93 provided that the amendments made to this section by Law 22-93 shall apply 90 days after May 5, 2018.

Emergency Legislation

For temporary amendment of section, see § 505(g) 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 (90 day) amendment of section, see § 2(d) 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(d) 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).

Temporary Legislation

For temporary (225 day) amendment of section, see § 505(g) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).

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.

§ 7–1303.09. Transfer of individual from one facility to another.

(a) The Department on Disability Services may recommend to the Court that an individual committed to the facility be transferred to another facility if the Department on Disability Services determines that it would be beneficial and consistent with the habilitation needs of the individual to do so. Notice of the recommendation shall be served on the individual, the individual’s counsel, the individual’s parent or guardian who petitioned for the commitment and the individual’s advocate for a person with an intellectual disability, if one has been appointed. If the proposed transfer is determined by the Court to be a transfer to a more restrictive facility, a mandatory hearing shall be conducted promptly in accordance with the procedures established in subchapter IV of this chapter. If the Court determines that the proposed transfer would be to a less restrictive facility, a Court hearing shall be held only if the individual, the individual’s parent or guardian, or, in the case of an individual committed under § 7-1304.06a, the District requests a hearing by petitioning the Court in writing within 10 days of being notified by the Court of its determination. The hearing shall be held promptly following the request for the hearing. In deciding whether to authorize the transfer, the Court shall consider whether the proposed facility can provide the necessary habilitation and whether it would be the lease restrictive means of providing such habilitation. In the case of an individual committed under § 7-1304.06a, the Court shall also consider whether the proposed placement can provide sufficient supervision or security to prevent the individual from causing injury to others as a result of the individual’s intellectual disability. Due consideration shall be given to the relationship of the individual to his or her family, guardian, or friends so as to maintain relationships and encourage visits beneficial to the relationship.

(b) Repealed.

(c) Nothing in this section shall be construed to prohibit transfer of an individual to a health care facility without prior Court approval in an emergency situation when the life of the individual is in danger. In such circumstances, consent of the individual, or parent or guardian who sought the commitment shall be obtained prior to the transfer. In the event the individual cannot consent and there is no person who can be reasonably contacted, such transfer may be made upon the authorization of the Department on Disability Services, with notice promptly given to the parent or guardian. Consent of the individual, parent, or guardian is not required if the District sought commitment. The parent, guardian, counsel for the individual, and advocate for a person with an intellectual disability shall be notified promptly of the transfer.

(Mar. 3, 1979, D.C. Law 2-137, § 309, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(h), 42 DCR 3684; Apr. 9, 1997, D.C. Law 11-255, § 14(a), 44 DCR 1271; Oct. 17, 2002, D.C. Law 14-199, § 2(e), 49 DCR 7647; Mar. 14, 2007, D.C. Law 16-264, § 301(f), 54 DCR 818; Sept. 26, 2012, D.C. Law 19-169, § 17(l), 59 DCR 5567; May 5, 2018, D.C. Law 22-93, § 201(c)(10), 65 DCR 2823.)

Prior Codifications

1981 Ed., § 6-1929.

1973 Ed., § 6-1662.

Effect of Amendments

D.C. Law 14-199 rewrote the section.

D.C. Law 16-264, in subsecs. (a) and (c), substituted “Department on Disability Services” for “Department of Human Services”.

The 2012 amendment by D.C. Law 19-169 substituted “advocate for a person with an intellectual disability” for “mental retardation advocate” in the second sentence of (a) and in the last sentence of (c); and substituted “intellectual disability” for “mental retardation” in the next to last sentence of (a).

Applicability

Section 401 of D.C. Law 22-93 provided that the amendments made to this section by Law 22-93 shall apply 90 days after May 5, 2018.

Emergency Legislation

For temporary amendment of section, see § 505(h) and (i) 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 (90 day) amendment of section, see § 2(e) 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(e) 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(f) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).

Temporary Legislation

For temporary (225 day) amendment of section, see § 505(h), (i)) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).

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.

§ 7–1303.10. Discharge from residential care. [Repealed]

Repealed.

(Mar. 3, 1979, D.C. Law 2-137, § 310, 25 DCR 5094; Oct. 17, 2002, D.C. Law 14-199, § 2(f), 49 DCR 7647; Sept. 26, 2012, D.C. Law 19-169, § 17(m), 59 DCR 5567; May 5, 2018, D.C. Law 22-93, § 201(c)(11), 65 DCR 2823.)

Prior Codifications

1981 Ed., § 6-1930.

1973 Ed., § 6-1663.

Effect of Amendments

D.C. Law 14-199 rewrote the section which had read as follows: “§ 7-1303.10. Discharge from residential care. ‘The Director shall discharge any resident admitted or committed pursuant to this subchapter if, in the judgment of the Chief Program Director, the results of a comprehensive evaluation, which shall be performed at least annually, indicate that residential care is no longer advisable. If the resident, the resident’s parent or guardian, the resident’s counsel, or the mental retardation advocate objects to the discharge, he or she may file a petition with the Court requesting a hearing in accordance with the procedures set forth in subchapter IV of this chapter. The resident shall not be discharged prior to the hearing.’ ”

The 2012 amendment by D.C. Law 19-169 substituted “intellectual disability” for “mental retardation” in the second sentence of (a); and substituted “advocate for a person with an intellectual disability” for “mental retardation advocate” in the first and second sentences of (b).

Applicability

Section 401 of D.C. Law 22-93 provided that the amendments made to this section by Law 22-93 shall apply 90 days after May 5, 2018.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(f) 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(f) 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).

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.

§ 7–1303.11. Payment for habilitation and care. [Repealed]

Repealed.

(Mar. 3, 1979, D.C. Law 2-137, § 311, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(i), 42 DCR 3684; Sept. 14, 2011, D.C. Law 19-21, § 5002(a), 58 DCR 6226; Sept. 26, 2012, D.C. Law 19-169, § 17(n), 59 DCR 5567; May 5, 2018, D.C. Law 22-93, § 201(c)(12), 65 DCR 2823.)

Prior Codifications

1981 Ed., § 6-1931.

1973 Ed., § 6-1664.

Effect of Amendments

D.C. Law 19-21 added subsec. (d).

The 2012 amendment by D.C. Law 19-169 substituted “an intellectual disability” for “mental retardation” wherever it appears in the section.

Applicability

Section 401 of D.C. Law 22-93 provided that the amendments made to this section by Law 22-93 shall apply 90 days after May 5, 2018.

Emergency Legislation

For temporary amendment of section, see § 505(j) 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(a) of the Human Services Spending Reduction Emergency Amendment Act of 1995 (D.C. Act 11-35, April 11, 1995, 42 DCR 1834) and § 4(a) 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(i) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).

Temporary Legislation

For temporary (225 day) amendment of section, see § 505(j) 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(a) of Human Services Spending Reduction Temporary Amendment Act of 1995 (D.C. Law 11-29, July 25, 1995, law notification 42 DCR 4002).

Short Title

Short title: Section 5001 of D.C. Law 19-21 provided that subtitle A of title V of the act may be cited as “Intellectual Disability Services Medicaid Maximization Reform Amendment Act of 2011”.

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.

§ 7–1303.12. Court hearing required prior to commitment.

Except as provided in § 7-1303.12a, no person with an intellectual disability shall be committed under this chapter prior to the Court hearing required under this subchapter.

(Mar. 3, 1979, D.C. Law 2-137, § 312, 25 DCR 5094; Oct. 17, 2002, D.C. Law 14-199, § 2(g), 49 DCR 7647; Apr. 24, 2007, D.C. Law 16-305, § 26(h), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 17(o), 59 DCR 5567; May 5, 2018, D.C. Law 22-93, § 201(c)(13), 65 DCR 2823.)

Prior Codifications

1981 Ed., § 6-1932.

1973 Ed., § 6-1665.

Effect of Amendments

D.C. Law 14-199 substituted “Except as provided in § 7-1303.12a, no” for “No”.

D.C. Law 16-305 substituted “person with mental retardation” for “mentally retarded person”.

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

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(g) 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 § 7-1303.12a, see § 2(h) 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(g) 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 § 7-1303.12a, see § 2(h) 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).

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.

§ 7–1303.12a. Placement pending petition and commitment proceedings.

(a) In the case of a person found incompetent in a criminal case, the District shall have no more than 30 days from the date on which the finding is made that the person is incompetent and not likely to gain competence in the foreseeable future in which to file a petition pursuant to § 7-1303.04(b-1). For extraordinary cause shown, the Court may extend the period of time within which the petition must be filed.

(b) Repealed.

(c) While awaiting the District’s decision pursuant to subsection (a) of this section and during the pendency of any resultant commitment proceedings, the Court may order the person placed with DDS for placement in a setting that DDS preliminarily determines can provide habilitation services consistent with the person’s needs and supervision or security sufficient to prevent the person from causing injury to others as a result of his or her intellectual disability.

(d) If the Court or DDS places the person in a setting that does not meet the definition of a facility contained in § 7-1301.03(13), the hearing pursuant to § 7-1304.06a shall commence no later than 90 days from the date on which the finding is made that the person is incompetent and not likely to gain competence in the foreseeable future. If the hearing does not commence before the expiration of the 90-day time period, the Court shall place the person with the DDS for placement in a facility that does satisfy § 7-1301.03(13) and that DDS preliminarily determines can provide habilitation services consistent with the person’s needs and supervision or security sufficient to prevent the person from causing injury to others as a result of the person’s intellectual disability.

(Mar. 3, 1979, D.C. Law 2-137, § 312a; as added Oct. 17, 2002, D.C. Law 14-199, § 2(h), 49 DCR 7647; Mar. 14, 2007, D.C. Law 16-264, § 301(g), 54 DCR 818; Sept. 26, 2012, D.C. Law 19-169, § 17(p), 59 DCR 5567; May 5, 2018, D.C. Law 22-93, § 201(c)(14), 65 DCR 2823.)

Section References

This section is referenced in § 7-1303.12, § 7-1305.15, and § 24-531.07.

Effect of Amendments

D.C. Law 16-264 substituted “DDS” for “MRDDA” throughout the section.

The 2012 amendment by D.C. Law 19-169 substituted “intellectual disability” for “mental retardation” at the end of (c) and (d).

Emergency Legislation

For temporary (90 day) amendment of section, see § 301(g) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).

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.

§ 7–1303.13. Effect of determination of incompetency to refuse commitment.

A determination by the Court under this subchapter that a person 14 years of age or older is incompetent to refuse commitment shall not be relevant to a determination of the person's competency with respect to other matters not considered by the Court.

§ 7–1303.14. Rules and regulations governing respite care. [Repealed]

Repealed.

(Mar. 3, 1979, D.C. Law 2-137, § 314, 25 DCR 5094; Mar. 14, 2007, D.C. Law 16-264, § 301(h), 54 DCR 818; Apr. 24, 2007, D.C. Law 16-305, § 26(i), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 17(q), 59 DCR 5567; May 5, 2018, D.C. Law 22-93, § 201(c)(16), 65 DCR 2823.)

Prior Codifications

1981 Ed., § 6-1934.

1973 Ed., § 6-1667.

Effect of Amendments

D.C. Law 16-264, in subsec. (a), substituted “Department on Disability Services” for “Department of Human Services”.

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

The 2012 amendment by D.C. Law 19-169 substituted “intellectual disabilities” for “mental retardation” in the first sentence of (a).

Cross References

Mental health information, refusal or limitation on disclosures, see § 7-1202.06.

Rights of mentally retarded citizens, discharge following requests by parent, guardian or person committed, hearings, see § 7-1303.08.

Rights of mentally retarded citizens, effective date of chapter, see § 7-1306.05.

Emergency Legislation

For temporary (90 day) amendment of section, see § 301(h) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).

References in Text

The Department of Human Resources was replaced by the Department of Human Services pursuant to Reorganization Plan No. 2 of 1979, dated February 21, 1980.

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.