reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 13 - Citizens with Intellectual Disabilities › Subchapter III - Commitments › § 7–1303.06. Petition for commitment of individual under 14 years of age filed by parent or guardian. [Repealed]

§ 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 [Repealed]
Repealed.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.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 13 - Citizens with Intellectual Disabilities › Subchapter III - Commitments › § 7–1303.07. Immediate discharge from facility upon request by individual. [Repealed]

§ 7–1303.07. Immediate discharge from facility upon request by individual. [Repealed]
Repealed.
(Mar. 3, 1979, D.C. Law 2-137, § 307, 25 DCR 5094; May 5, 2018, D.C. Law 22-93, § 201(c)(8), 65 DCR 2823.)
Prior Codifications
1981 Ed., § 6-1927.
1973 Ed., § 6-1660.
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.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 13 - Citizens with Intellectual Disabilities › Subchapter III - Commitments › § 7–1303.08. Discharge from commitment upon request by parent or guardian. [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.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 13 - Citizens with Intellectual Disabilities › Subchapter III - Commitments › § 7–1303.10. Discharge from residential care. [Repealed]

§ 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.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 13 - Citizens with Intellectual Disabilities › Subchapter III - Commitments › § 7–1303.11. Payment for habilitation and care. [Repealed]

§ 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.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 13 - Citizens with Intellectual Disabilities › Subchapter III - Commitments › § 7–1303.12. Court hearing required prior to commitment

§ 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.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 13 - Citizens with Intellectual Disabilities › Subchapter III - Commitments › § 7–1303.12a. Placement pending petition and commitment proceedings

§ 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.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 13 - Citizens with Intellectual Disabilities › Subchapter III - Commitments › § 7–1303.13. Effect of determination of incompetency to refuse commitment

§ 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.
(Mar. 3, 1979, D.C. Law 2-137, § 313, 25 DCR 5094; May 5, 2018, D.C. Law 22-93, § 201(c)(15), 65 DCR 2823.)
Prior Codifications
1981 Ed., § 6-1933.
1973 Ed., § 6-1666.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 13 - Citizens with Intellectual Disabilities › Subchapter III - Commitments › § 7–1303.14. Rules and regulations governing respite care. [Repealed]

§ 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.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 13 - Citizens with Intellectual Disabilities › Subchapter IV - Hearing and Review Procedures › § 7–1304.01. Commencement of commitment proceedings; filing of written petition

§ 7–1304.01. Commencement of commitment proceedings; filing of written petition.
Proceedings for the commitment of a person found incompetent in a criminal case shall be commenced by the filing of a written petition by the District with the Court in a manner and form prescribed by the Court. A copy of the petition shall be served on the person, the person's counsel, and the person's guardian, if any.
(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; May 5, 2018, D.C. Law 22-93, § 201(c)(17), 65 DCR 2823.)
Prior Codifications
1981 Ed., § 6-1941.
1973 Ed., § 6-1668.
Section References
This section is referenced in § 7-1304.03 and § 24-531.02.
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”.
The 2012 amendment by D.C. Law 19-169 substituted “an intellectual disability” for “mental retardation” in the second and fourth sentences; and substituted “individual’s advocate for a person with an intellectual disability” for “individual’s mental retardation advocate” in the last sentence.
Emergency Legislation
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).
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.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 13 - Citizens with Intellectual Disabilities › Subchapter IV - Hearing and Review Procedures › § 7–1304.02. Representation by counsel

§ 7–1304.02. Representation by counsel.
Persons who have been committed, or whose commitment is sought pursuant to § 7-1303.04(b-1), have the right to be represented by counsel, retained or appointed by the Court, in any proceeding held before the Court in accordance with this chapter, and they shall be informed by the Court of this right. The Court shall appoint counsel to represent the person. Whenever possible, counsel shall be appointed who has had experience in the intellectual disability area. Counsel appointed to represent persons 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; May 5, 2018, D.C. Law 22-93, § 201(c)(18), 65 DCR 2823.)
Prior Codifications
1981 Ed., § 6-1942.
1973 Ed., § 6-1669.
Section References
This section is referenced in § 7-1304.01.
Effect of Amendments
The 2012 amendment by D.C. Law 19-169 substituted “intellectual disability” for “mental retardation” in the fourth sentence.
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.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 13 - Citizens with Intellectual Disabilities › Subchapter IV - Hearing and Review Procedures › § 7–1304.03. Comprehensive evaluation report and individual habilitation plan required; contents; copies

§ 7–1304.03. Comprehensive evaluation report and individual habilitation plan required; contents; copies.
(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 person 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 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.
(d) A copy of the report and the plan shall be provided to the person and his or her counsel, 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 person 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; May 5, 2018, D.C. Law 22-93, § 201(c)(19), 65 DCR 2823.)
Prior Codifications
1981 Ed., § 6-1943.
1973 Ed., § 6-1670.
Section References
This section is referenced in § 7-1303.04, § 7-1303.06, § 7-1304.06a, § 7-1305.04, and § 21-2041.
Effect of Amendments
D.C. Law 16-305 substituted “has mental retardation” for “is mentally retarded”.
The 2012 amendment by D.C. Law 19-169 substituted “an intellectual disability” for “mental retardation” in (b)(1).
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.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 13 - Citizens with Intellectual Disabilities › Subchapter IV - Hearing and Review Procedures › § 7–1304.04. Payment for independent comprehensive evaluation and habilitation plan. [Repealed]

§ 7–1304.04. Payment for independent comprehensive evaluation and habilitation plan. [Repealed]
Repealed.
(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; May 5, 2018, D.C. Law 22-93, § 201(c)(20), 65 DCR 2823.)
Prior Codifications
1981 Ed., § 6-1944.
1973 Ed., § 6-1671.
Effect of Amendments
The 2012 amendment by D.C. Law 19-169 substituted “an intellectual disability” for “mental retardation.”
Emergency Legislation
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).
Temporary Legislation
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).
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.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 13 - Citizens with Intellectual Disabilities › Subchapter IV - Hearing and Review Procedures › § 7–1304.05. Hearing conducted promptly

§ 7–1304.05. Hearing conducted promptly.
(a) Repealed.
(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(m), 49 DCR 7647; May 5, 2018, D.C. Law 22-93, § 201(c)(21), 65 DCR 2823.)
Prior Codifications
1981 Ed., § 6-1945.
1973 Ed., § 6-1672.
Section References
This section is referenced in § 7-1304.06a.
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 Legislation
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).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 13 - Citizens with Intellectual Disabilities › Subchapter IV - Hearing and Review Procedures › § 7–1304.06. Hearings conducted in informal manner; procedural rights at hearing

§ 7–1304.06. Hearings conducted in informal manner; procedural rights at hearing.
Except as provided in § 7-1304.06a, hearings shall be conducted in as informal a manner as may be consistent with orderly procedure. Persons who have been committed, or whose commitment is sought pursuant to § 7-1303.04(b-1), 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 person may be waived only if the Court finds that the person has knowingly and voluntarily waived his or her right to be present, or if the Court determines that the person 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; May 5, 2018, D.C. Law 22-93, § 201(c)(22), 65 DCR 2823.)
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”.
The 2012 amendment by D.C. Law 19-169 substituted “physical disability” for “physically handicapping condition” at the end of the last sentence.
Emergency Legislation
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).
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.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 13 - Citizens with Intellectual Disabilities › Subchapter IV - Hearing and Review Procedures › § 7–1304.07. Standard of proof

§ 7–1304.07. Standard of proof.
(a) Repealed.
(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 person whose commitment is sought 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; May 5, 2018, D.C. Law 22-93, § 201(c)(24), 65 DCR 2823.)
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).
The 2012 amendment by D.C. Law 19-169 substituted “an intellectual disability” for “mental retardation” in (b).
Emergency Legislation
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).
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.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 13 - Citizens with Intellectual Disabilities › Subchapter IV - Hearing and Review Procedures › § 7–1304.08. Hearings closed to public; request for open hearing

§ 7–1304.08. Hearings closed to public; request for open hearing.
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.)
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”.
The 2012 amendment by D.C. Law 19-169 substituted “an intellectual disability” for “mental retardation.”
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.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 13 - Citizens with Intellectual Disabilities › Subchapter IV - Hearing and Review Procedures › § 7–1304.09. Disposition orders by Court. [Repealed]

§ 7–1304.09. Disposition orders by Court. [Repealed]
Repealed.
(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; May 5, 2018, D.C. Law 22-93, § 201(c)(25), 65 DCR 2823.)
Prior Codifications
1981 Ed., § 6-1949.
1973 Ed., § 6-1676.
Section References
This section is referenced in § 7-1304.11.
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”.
The 2012 amendment by D.C. Law 19-169 rewrote (a)(1), which formerly read: “The respondent is not at least moderately mentally retarded”; and substituted “an intellectual disability” for “mental retardation” in (b).
Emergency Legislation
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).
Temporary Legislation
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).
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.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 13 - Citizens with Intellectual Disabilities › Subchapter IV - Hearing and Review Procedures › § 7–1304.10. Appeal of commitment order

§ 7–1304.10. Appeal of commitment order.
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.)
Prior Codifications
1981 Ed., § 6-1950.
1973 Ed., § 6-1677.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 13 - Citizens with Intellectual Disabilities › Subchapter IV - Hearing and Review Procedures › § 7–1304.12. Payment of costs and expenses

§ 7–1304.12. Payment of costs and expenses.
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.)
Prior Codifications
1981 Ed., § 6-1952.
1973 Ed., § 6-1679.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 13 - Citizens with Intellectual Disabilities › Subchapter V - Rights of Persons with Intellectual Disabilities › § 7–1305.02. Living conditions; teaching of skills

§ 7–1305.02. Living conditions; teaching of skills.
Persons shall be provided with the least restrictive and most normal living conditions possible. Persons with intellectual disabilities found incompetent in a criminal case shall be provided with the least restrictive and most normal living conditions possible consistent with preventing the person from causing injury to others as a result of the person’s intellectual disability. This standard shall apply to dress, grooming, movement, use of free time, and contact and communication with the community, including access to services outside of the institution or residential facility. Persons shall be taught skills that help them learn how to effectively utilize their environment and how to make choices necessary for daily living and, in the case of a person committed under § 7-1304.06a, to refrain from committing crimes of violence or sex offenses.
(Mar. 3, 1979, D.C. Law 2-137, § 502, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(n), 42 DCR 3684; Oct. 17, 2002, D.C. Law 14-199, § 2(q), 49 DCR 7647; Sept. 26, 2012, D.C. Law 19-169, § 17(ee), 59 DCR 5567; May 5, 2018, D.C. Law 22-93, § 201(c)(29), 65 DCR 2823.)
Prior Codifications
1981 Ed., § 6-1962.
1973 Ed., § 6-1682.
Effect of Amendments
D.C. Law 14-199 rewrote the section which had read as follows: “Customers shall be provided with the least restrictive and most normal living conditions possible. This standard shall apply to dress, grooming, movement, use of free time, and contact and communication with the community, including access to services outside of the institution or residential facility. Customers shall be taught skills that help them learn how to effectively utilize their environment and how to make choices necessary for daily living.”
The 2012 amendment by D.C. Law 19-169 substituted “Individuals” for “Customers” in the first and last sentences; and substituted “intellectual disability” for “mental retardation” twice in the second sentence.
Emergency Legislation
For temporary amendment of section, see § 505(n) 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(q) 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(q) 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(n) 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.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 13 - Citizens with Intellectual Disabilities › Subchapter V - Rights of Persons with Intellectual Disabilities › § 7–1305.03. Least restrictive conditions

§ 7–1305.03. Least restrictive conditions.
(a) Persons shall have a right to the least restrictive conditions necessary and available to achieve the purposes of habilitation. To this end, the residential facility shall move persons from:
(1) More to less structured living;
(2) Larger to smaller facilities;
(3) Larger to smaller living units;
(4) Group to person residence;
(5) Segregated to integrated community living; or
(6) Dependent to independent living.
(b) If at any time the Director decides that a person should be transferred out of the facility to a less restrictive environment, he or she shall immediately notify the Court pursuant to section 309. Notice shall be provided to the person, the person’s counsel, the person’s advocate for a person with an intellectual disability, if one has been appointed, and the person’s parent or guardian who petitioned for the commitment.
(Mar. 3, 1979, D.C. Law 2-137, § 503, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(o), 42 DCR 3684; Sept. 26, 2012, D.C. Law 19-169, § 17(ff), 59 DCR 5567; May 5, 2018, D.C. Law 22-93, § 201(c)(30), 65 DCR 2823.)
Prior Codifications
1981 Ed., § 6-1963.
1973 Ed., § 6-1683.
Effect of Amendments
The 2012 amendment by D.C. Law 19-169 rewrote the section.
Emergency Legislation
For temporary amendment of section, see § 505(o) 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(f) of the Human Services Spending Reduction Emergency Amendment Act of 1995 (D.C. Act 11-35, April 11, 1995, 42 DCR 1834) and § 4(f) 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(c) of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217) and § 506(o) 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(o) 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(f) of Human Services Spending Reduction Temporary Amendment Act of 1995 (D.C. Law 11-29, July 25, 1995, law notification 42 DCR 4002).
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.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 13 - Citizens with Intellectual Disabilities › Subchapter V - Rights of Persons with Intellectual Disabilities › § 7–1305.06. Prohibited psychological therapies

§ 7–1305.06. Prohibited psychological therapies.
No psychosurgery, convulsive therapy, experimental treatment or behavior modifications program involving aversive stimuli or deprivation of rights set forth in this subchapter shall be administered to any resident.
(Mar. 3, 1979, D.C. Law 2-137, § 506, 25 DCR 5094.)
Prior Codifications
1981 Ed., § 6-1966.
1973 Ed., § 6-1686.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 13 - Citizens with Intellectual Disabilities › Subchapter V - Rights of Persons with Intellectual Disabilities › § 7–1305.08. Sterilization

§ 7–1305.08. Sterilization.
No person served at a facility shall be sterilized by any employee of a facility or by any other person acting at the direction of, or under the authorization of, the Director or any other employee of a facility.
(Mar. 3, 1979, D.C. Law 2-137, § 508, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(s), 42 DCR 3684; Sept. 26, 2012, D.C. Law 19-169, § 17(mm), 59 DCR 5567; May 5, 2018, D.C. Law 22-93, § 201(c)(37), 65 DCR 2823.)
Prior Codifications
1981 Ed., § 6-1968.
1973 Ed., § 6-1688.
Effect of Amendments
The 2012 amendment by D.C. Law 19-169 substituted “individual served at” for “customer of.”
Emergency Legislation
For temporary amendment of section, see § 505(s) 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(s) 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.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 13 - Citizens with Intellectual Disabilities › Subchapter V - Rights of Persons with Intellectual Disabilities › § 7–1305.09. Experimental research

§ 7–1305.09. Experimental research.
Persons shall have a right not to be subjected to experimental research without the express and informed consent of the person, or if the person cannot give informed consent, of the person’s parent or guardian. Such proposed research shall first have been reviewed and approved by the Department on Disability Services before such consent shall be sought. Prior to such approval, the Department shall determine that such research complies with the principles of the statement on the use of human subjects for research of the American Association on Mental Deficiency and with the principles for research involving human subjects required by the United States Department of Health and Human Services for projects supported by that agency.
(Mar. 3, 1979, D.C. Law 2-137, § 509, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(t), 42 DCR 3684; Mar. 14, 2007, D.C. Law 16-264, § 301(l), 54 DCR 818; Sept. 26, 2012, D.C. Law 19-169, § 17(nn), 59 DCR 5567; May 5, 2018, D.C. Law 22-93, § 201(c)(38), 65 DCR 2823.)
Prior Codifications
1981 Ed., § 6-1969.
1973 Ed., § 6-1689.
Effect of Amendments
D.C. Law 16-264 substituted “Department on Disability Services” for “Department of Human Services”.
The 2012 amendment by D.C. Law 19-169 substituted “individual” for “customer” or variants wherever it appears in the first sentence.
Emergency Legislation
For temporary amendment of section, see § 505(t) 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(l) 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(t) 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.