reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 3 - Transfers to Minors; Uniform Law › § 21–314. Use of custodial property

§ 21–314. Use of custodial property.
(a) A custodian may deliver or pay to the minor or expend for the minor’s benefit as much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to the following:
(1) The duty or the ability of the custodian personally or of another person to support the minor; or
(2) Other income or property of the minor which may be applicable or available for that purpose.
(b) On petition of an interested person or of the minor, if the minor has reached the age of 14 years, the court may order the custodian to deliver or pay to the minor or to expend for the minor’s benefit as much of the custodial property as the court considers advisable for the use and the benefit of the minor.
(c) A delivery, a payment, or an expenditure under this section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor.
(Mar. 12, 1986, D.C. Law 6-87, § 2(a), 33 DCR 278.)
Prior Codifications
1981 Ed., § 21-314.
Editor's Notes
Uniform Law: This section is based upon § 14 of the Uniform Transfers to Minors Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 3 - Transfers to Minors; Uniform Law › § 21–315. Custodian’s expenses; compensation; bond

§ 21–315. Custodian’s expenses; compensation; bond.
(a) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian’s duties.
(b) Except for one who is a transferor under section 21-304, a custodian has a non-cumulative election during each calendar year to charge reasonable compensation for services performed during that year.
(c) Except as provided in section 21-318(f), a custodian need not give a bond.
(Mar. 12, 1986, D.C. Law 6-87, § 2(a), 33 DCR 278.)
Prior Codifications
1981 Ed., § 21-315.
Editor's Notes
Uniform Law: This section is based upon § 15 of the Uniform Transfers to Minors Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 3 - Transfers to Minors; Uniform Law › § 21–316. Exemption of third person from liability

§ 21–316. Exemption of third person from liability.
A third person, in good faith and without a court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge of the third person, shall not be responsible for determining the following:
(1) The validity of the purported custodian’s designation;
(2) The propriety of, or the authority under this chapter for, any act of the purported custodian;
(3) The validity or propriety under this chapter of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or
(4) The propriety of the application of any property of the minor delivered to the purported custodian.
(Mar. 12, 1986, D.C. Law 6-87, § 2(a), 33 DCR 278; Mar. 24, 1998, D.C. Law 12-81, § 14(c), 45 DCR 745.)
Prior Codifications
1981 Ed., § 21-316.
Editor's Notes
Uniform Law: This section is based upon § 16 of the Uniform Transfers to Minors Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 3 - Transfers to Minors; Uniform Law › § 21–317. Liability to third persons

§ 21–317. Liability to third persons.
(a) A claim may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable, if a claim is based on the following:
(1) A contract entered into by a custodian acting in a custodial capacity;
(2) An obligation arising from the ownership or control of custodial property; or
(3) A tort committed during the custodianship.
(b) A custodian is not personally liable in the following circumstances:
(1) On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or
(2) For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.
(c) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.
(Mar. 12, 1986, D.C. Law 6-87, § 2(a), 33 DCR 278; Mar. 24, 1998, D.C. Law 12-81, § 14(d), 45 DCR 745.)
Prior Codifications
1981 Ed., § 21-317.
Section References
This section is referenced in § 21-319.
Editor's Notes
Uniform Law: This section is based upon § 17 of the Uniform Transfers to Minors Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 3 - Transfers to Minors; Uniform Law › § 21–319. Accounting by and determination of liability of custodian

§ 21–319. Accounting by and determination of liability of custodian.
(a) A minor who has reached the age of 14 years, the minor’s guardian of the person or legal representative, an adult member of the minor’s family, a transferor, or a transferor’s legal representative may petition the court for the following:
(1) For an accounting by the custodian or the custodian’s legal representative; or
(2) For a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under section 21-317 to which the minor or the minor’s legal representative was a party.
(b) A successor custodian may petition the court for an accounting by the predecessor custodian.
(c) The court, in a proceeding under this act or in any other proceeding, may require or permit the custodian or the custodian’s legal representative to give an accounting.
(d) If a custodian is removed under section 21-318(f), the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of the instruments required for transfer of the custodial property.
(Mar. 12, 1986, D.C. Law 6-87, § 2(a), 33 DCR 278; Mar. 24, 1998, D.C. Law 12-81, § 14(f), 45 DCR 745.)
Prior Codifications
1981 Ed., § 21-319.
References in Text
“This act,” referred to in subsection (c), is the District of Columbia Uniform Transfers to Minors Act, D.C. Law 6-87 which is codified primarily as § 21-301 et seq.
Editor's Notes
Uniform Law: This section is based upon § 19 of the Uniform Transfers to Minors Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 3 - Transfers to Minors; Uniform Law › § 21–320. Termination of custodianship

§ 21–320. Termination of custodianship.
The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor’s estate upon the earlier of:
(1) The minor reaches 18 years of age, or if the transfer was made as provided in section 21-309(d), the minor reaches 21 years of age, with respect to custodial property transferred under section 21-304 or 21-305;
(2) The minor reaches 18 years of age with respect to custodial property transferred under section 21-306 or 21-307; or
(3) The minor’s death.
(Mar. 12, 1986, D.C. Law 6-87, § 2(a), 33 DCR 278; Feb. 5, 1994, D.C. Law 10-68, § 22, 40 DCR 6311; Apr. 9, 1997, D.C. Law 11-255, § 20(a), 44 DCR 1271; Mar. 24, 1998, D.C. Law 12-81, § 14(g), 45 DCR 745; Apr. 27, 2001, D.C. Law 13-292, § 602(b), 48 DCR 2087.)
Prior Codifications
1981 Ed., § 21-320.
Section References
This section is referenced in § 21-322.
Effect of Amendments
D.C. Law 13-292, in par. (1), inserted “, or if the transfer was made as provided in section 21-309(d), the minor reaches 21 years of age,” following “18 years of age”.
Editor's Notes
Uniform Law: This section is based upon § 20 of the Uniform Transfers to Minors Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 3 - Transfers to Minors; Uniform Law › § 21–321. Applicability

§ 21–321. Applicability.
The District of Columbia Uniform Transfers to Minors Act applies to a transfer within the scope of section 21-302 made after the act’s effective date if the following occurs:
(1) The transfer purports to have been made under District of Columbia Uniform Gifts to Minors Act; or
(2) The instruments by which the transfer purports to have been made uses in substance the designation “as custodian under the Uniform Gifts to Minors Act” or “custodian under the Uniform Transfers to Minors Act” of any other state, and the application of the District of Columbia Uniform Transfers to Minors Act is necessary to validate the transfer.
(Mar. 12, 1986, D.C. Law 6-87, § 2(a), 33 DCR 278; Mar. 24, 1998, D.C. Law 12-81, § 14(h), 45 DCR 745.)
Prior Codifications
1981 Ed., § 21-321.
References in Text
“The act’s effective date,” referred to in the introductory language of subsection (a) of this section, is the effective date of D.C. Law 6-87, March 12, 1986.
Editor's Notes
Uniform Law: This section is based upon § 21 of the Uniform Transfers to Minors Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 3 - Transfers to Minors; Uniform Law › § 21–322. Effect of existing custodianships

§ 21–322. Effect of existing custodianships.
(a) Any transfer of custodial property as now defined in this act made before the effective date of the District of Columbia Uniform Transfers to Minors Act is validated notwithstanding that there was no specific authority in the District of Columbia Uniform Gifts to Minors Act for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made.
(b) This chapter applies to all transfers made before the effective date of the District of Columbia Uniform Transfers to Minors Act in a manner and form prescribed in the District of Columbia Uniform Gifts to Minors Act, except insofar as the application impairs constitutionally vested rights or extends the duration of custodianships existing on the effective date of the District of Columbia Uniform Transfers to Minors Act.
(c) Sections 21-301 and 21-320 with respect to the age of a minor for whom custodial property is held under this act do not apply to custodial property held in a custodianship that terminated because of the minor’s attainment of the age of 18 after the effective date of the District of Columbia Age of Majority Act (July 22, 1976) and before the effective date of the District of Columbia Uniform Transfers to Minors Act.
(Mar. 12, 1986, D.C. Law 6-87, § 2(a), 33 DCR 278.)
Prior Codifications
1981 Ed., § 21-322.
Section References
This section is referenced in § 21-324.
References in Text
“This act,” referred to near the beginning of subsection (a) of this section, is the District of Columbia Uniform Transfers to Minors Act, D.C. Law 6-87.
“The effective date of the District of Columbia Uniform Transfers to Minors Act”, referred to throughout the section, is the effective date of D.C. Law 6-87, March 12, 1986 which is codified primarily as § 21-301 et seq.
Editor's Notes
Uniform Law: This section is based upon § 22 of the Uniform Transfers to Minors Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 3 - Transfers to Minors; Uniform Law › § 21–323. Uniformity of application and construction

§ 21–323. Uniformity of application and construction.
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
(Mar. 12, 1986, D.C. Law 6-87, § 2(a), 33 DCR 278.)
Prior Codifications
1981 Ed., § 21-323.
Editor's Notes
Uniform Law: This section is based upon § 23 of the Uniform Transfers to Minors Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 3 - Transfers to Minors; Uniform Law › § 21–324. Effect of repeal of Uniform Gifts to Minors Act

§ 21–324. Effect of repeal of Uniform Gifts to Minors Act.
To the extent that this chapter by virtue of section 21-322(b) does not apply to transfers made in a manner prescribed in the District of Columbia Uniform Gifts to Minors Act or to the powers, duties, and its immunities conferred by transfers in that manner upon custodians and persons dealing with custodians, the repeal of the District of Columbia Uniform Gifts to Minors Act does not affect those transfers or those powers, duties and immunities.
(Mar. 12, 1986, D.C. Law 6-87, § 2(a), 33 DCR 278.)
Prior Codifications
1981 Ed., § 21-324.
Editor's Notes
Uniform Law: This section is based upon § 27 of the Uniform Transfers to Minors Act.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 5 - Hospitalization of Persons with Mental Illness › Subchapter I - Definitions; Commission on Mental Health › § 21–503. Examinations and hearings; subpoenas; witnesses; place

§ 21–503. Examinations and hearings; subpoenas; witnesses; place.
(a) The Commission shall examine alleged mentally ill persons, inquire into their affairs and the affairs of persons who may be legally liable for their support, and make reports and recommendations to the court.
(b) Except as otherwise provided by this chapter, the Commission may conduct its examinations and hearings either at the courthouse or elsewhere at its discretion. The court may issue subpoenas at the request of the Commission returnable before the Commission, for the appearance of the alleged mentally ill person, witnesses, and persons who may be liable for his support. Commission members who are psychiatrists or qualified psychologists, are competent and compellable witnesses at any trial, hearing or other proceeding conducted pursuant to this chapter and the physician- or psychologist-patient privilege is not applicable.
(Sept. 14, 1965, 79 Stat. 752, Pub. L. 89-183, § 1; Feb. 24, 1984, D.C. Law 5-48, § 11(a)(5), 30 DCR 5778; Apr. 30, 1988, D.C. Law 7-104, § 6(e), 35 DCR 147; Apr. 4, 2003, D.C. Law 14-283, § 2(e), 50 DCR 917; Dec. 10, 2004, 118 Stat. 3473, Pub. L. 108-450, § 3.)
Prior Codifications
1981 Ed., § 21-503.
1973 Ed., § 21-503.
Effect of Amendments
Pub. L. 108-450, in subsec. (b), substituted “Commission members who are psychiatrists or qualified psychologists” for “The Commission, or any of the members thereof,”
Emergency Legislation
For temporary (90 day) amendment of section applicable upon enactment of certain legislation by the United States Congress, see §§ 2(e) and 3 of Mental Health Civil Commitment Emergency Act of 2002 (D.C. Act 14-546, December 12, 2002, 50 DCR 199).
For temporary (90 day) amendment of section, see § 2(e) of Mental Health Civil Commitment Congressional Review Emergency Act of 2003 (D.C. Act 15-41, March 24, 2003, 50 DCR 2784).
Editor's Notes
Applicability of §§ 2(d), (e), (l)(2), (n), (r)(3) and (4), (t), and (u) of Law 14-283: Section 3 of Law 14-283 provided that section 2(d), (e), (l)(2), (n), (r)(3) and (4), (t), and (u) shall apply upon the enactment of legislation by the United States Congress that states the following: “Notwithstanding any other law, section 2(d), (e), (l)(2), (r)(3) and (4), (t), and (u) of the Mental Health Civil Commitment Act of 2002, adopted by the Council of the District of Columbia, is enacted into law.”
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 5 - Hospitalization of Persons with Mental Illness › Subchapter II - Voluntary and Nonprotesting Hospitalization › § 21–513. Hospitalization of nonprotesting persons

§ 21–513. Hospitalization of nonprotesting persons.
A friend or relative of a person believed to have a mental illness may apply on behalf of that person to the admitting psychiatrist or the admitting qualified psychologist of a hospital by presenting the person, together with a referral from a practicing physician or qualified psychologist. For the purpose of examination and treatment, a private hospital may accept a person so presented and referred, and a public hospital shall accept a person so presented and referred, if, in the judgment of the admitting psychiatrist or the admitting qualified psychologist, the need for examination and treatment is indicated on the basis of the person’s mental condition and the person signs a statement at the time of the admission stating that he does not object to hospitalization. The statement shall contain in simple, nontechnical language the fact that the person is to be hospitalized and a description of the right to release set out in section 21-514 . The admitting psychiatrist or the admitting qualified psychologist may admit a person so presented, without referral from a practicing physician or qualified psychologist, if the need for an immediate admission is apparent to the admitting psychiatrist or the admitting qualified psychologist upon preliminary examination.
(Sept. 14, 1965, 79 Stat. 753, Pub. L. 89-183, § 1; Feb. 24, 1984, D.C. Law 5-48, § 11(a)(7), 30 DCR 5778; Apr. 24, 2007, D.C. Law 16-305, § 35(a)(2), 53 DCR 6198.)
Prior Codifications
1981 Ed., § 21-513.
1973 Ed., § 21-513.
Section References
This section is referenced in § 21-514.
Effect of Amendments
D.C. Law 16-305 substituted “have” for “be suffering from”.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 5 - Hospitalization of Persons with Mental Illness › Subchapter II - Voluntary and Nonprotesting Hospitalization › § 21–514. Release of patients hospitalized under section 21-513

§ 21–514. Release of patients hospitalized under section 21-513.
Unless proceedings for hospitalization under court order have been initiated under subchapter IV of this chapter, a hospital, upon the written request of a patient hospitalized pursuant to section 21-513 , shall immediately release him.
(Sept. 14, 1965, 79 Stat. 753, Pub. L. 89-183, § 1.)
Prior Codifications
1981 Ed., § 21-514.
1973 Ed., § 21-514.
Section References
This section is referenced in § 21-513.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 5 - Hospitalization of Persons with Mental Illness › Subchapter III - Emergency Hospitalization › § 21–524. Determination and order of court

§ 21–524. Determination and order of court.
(a) Within a period of 24 hours after the court receives a petition for hospitalization of a person for emergency observation and diagnosis, filed by the administrator of a hospital or chief clinical officer of the Department pursuant to section 21-523, the court shall:
(1) order the hospitalization; or
(2) order the person’s immediate release.
(b) The court, in making its determination under this section, shall consider the written reports of the agent, officer, physician or qualified psychologist who made the application under section 21-522, the certificate of the examining psychiatrist or examining qualified psychologist which accompanied it, and any other relevant information.
(Sept. 14, 1965, 79 Stat. 754, Pub. L. 89-183, § 1; Feb. 24, 1984, D.C. Law 5-48, § 11(a)(10), 30 DCR 5778; Apr. 4, 2003, D.C. Law 14-283, § 2(k), 50 DCR 917.)
Prior Codifications
1981 Ed., § 21-524.
1973 Ed., § 21-524.
Section References
This section is referenced in § 21-525, § 21-526, and § 21-527.
Effect of Amendments
D.C. Law 14-283, in subsec. (a), substituted “administrator of a hospital or chief clinical officer of the Department” for “administrator of a hospital”.
Emergency Legislation
For temporary (90 day) amendment of section, see § 2(j) of Mental Health Commitment Emergency Amendment Act of 2002 (D.C. Act 14-265, January 30, 2002, 49 DCR 1450).
For temporary (90 day) amendment of section, see § 2(k) of Mental Health Civil Commitment Emergency Act of 2002 (D.C. Act 14-546, December 12, 2002, 50 DCR 199).
For temporary (90 day) amendment of section, see § 2(j) of Mental Health Commitment Congressional Review Emergency Act of 2002 (D.C. Act 14-350, April 24, 2002, 49 DCR 4417).
For temporary (90 day) amendment of section, see § 2(k) of Mental Health Civil Commitment Congressional Review Emergency Act of 2003 (D.C. Act 15-41, March 24, 2003, 50 DCR 2784).
Temporary Legislation
Section 2(j) of D.C. Law 14-131, in subsec. (a), substituted “administrator of a hospital or chief clinical officer of the Department” for “administrator of a hospital”.
Section 5(b) of D.C. Law 14-131 provided that the act shall expire after 225 days of its having taken effect.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 5 - Hospitalization of Persons with Mental Illness › Subchapter III - Emergency Hospitalization › § 21–525. Hearing by court

§ 21–525. Hearing by court.
The court shall grant a hearing to a person whose continued hospitalization is ordered under section 21-524 , if he requests the hearing. The hearing shall be held within 24 hours after receipt of the request.
(Sept. 14, 1965, 79 Stat. 754, Pub. L. 89-183, § 1.)
Prior Codifications
1981 Ed., § 21-525.
1973 Ed., § 21-525.
Law Review and Journal Commentaries Camouflaged Legitimacy: Civil Commitment, Property Rights, and Legal Isolation. Valerie L. Collins, 52 Howard Law Journal 407 (2009).
Section References
This section is referenced in § 21-526 and § 24-531.07.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 5 - Hospitalization of Persons with Mental Illness › Subchapter III - Emergency Hospitalization › § 21–528. Detention of person pending judicial proceedings

§ 21–528. Detention of person pending judicial proceedings.
Notwithstanding any other provision of this subchapter, the administrator of a hospital in which a person is hospitalized under this subchapter may, if judicial proceedings for his hospitalization have been commenced under subchapter IV of this chapter, detain the person in the hospital during the course of the judicial proceedings.
(Sept. 14, 1965, 79 Stat. 754, Pub. L. 89-183, § 1.)
Prior Codifications
1981 Ed., § 21-528.
1973 Ed., § 21-528.
Effect of Amendments
D.C. Law 14-283 substituted “commitment” for “hospitalization”.
Emergency Legislation
For temporary (90 day) addition of applicability provision of § 2(d), (k)(2), (m), (q)(3) and (4), (s), and (t) of D.C. Act 14-265, see § 4 of Mental Health Commitment Emergency Amendment Act of 2002 (D.C. Act 14-265, January 30, 2002, 49 DCR 1450).
For temporary (90 day) repeal of section, see § 2(m) of Mental Health Commitment Emergency Amendment Act of 2002 (D.C. Act 14-265, January 30, 2002, 49 DCR 1450).
For temporary (90 day) repeal of section, see § 2(m) of Mental Health Commitment Congressional Review Emergency Act of 2002 (D.C. Act 14-350, April 24, 2002, 49 DCR 4417).
For temporary (90 day) repeal of section applicable upon the enactment of certain legislation by the United States Congress, see §§ 2(n) and 3 of Mental Health Civil Commitment Emergency Act of 2002 (D.C. Act 14-546, December 12, 2002, 50 DCR 199).
For temporary (90 day) repeal of section, see §§ 2(n) and (3) of Mental Health Civil Commitment Congressional Review Emergency Act of 2003 (D.C. Act 15-41, March 24, 2003, 50 DCR 2784).
Temporary Legislation
Section 2(m) of D.C. Law 14-131 repealed this section.
For applicability of § 2(m) of D.C. Law 14-131, see note following § 21-502.
Section 5(b) of D.C. Law 14-131 provided that the act shall expire after 225 days of its having taken effect.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 5 - Hospitalization of Persons with Mental Illness › Subchapter IV - Commitment Under Court Order › § 21–542. Hearing by Commission; presence and rights of person affected; hearing regarding liability

§ 21–542. Hearing by Commission; presence and rights of person affected; hearing regarding liability.
(a) The Commission shall promptly examine a person alleged to be mentally ill after the filing of a petition under section 21-541 and shall thereafter promptly hold a hearing on the issue of his mental illness. The hearing shall be conducted in a manner consistent with orderly procedure and in a physical setting not likely to have a harmful effect on the mental health of the person named in such petition. In conducting the hearing, the Commission shall hear testimony of any person whose testimony may be relevant and shall receive all relevant evidence which may be offered. A person with respect to whom a hearing is held under this section may, in his discretion, be present at the hearing, to testify, and to present and cross-examine witnesses.
(b) The Commission shall also hold a hearing in order to determine liability under the provisions of section 21-586 for the expenses of commitment of the alleged mentally ill person, if it is determined that he is mentally ill and should be committed as provided under this chapter. The hearing may be conducted separately from the hearing on the issue of mental illness. If conducted separately, it may be conducted by the Chairman of the Commission alone.
(Sept. 14, 1965, 79 Stat. 755, Pub. L. 89-183, § 1; Apr. 4, 2003, D.C. Law 14-283, § 2(q), 50 DCR 917.)
Prior Codifications
1981 Ed., § 21-542.
1973 Ed., § 21-542.
Section References
This section is referenced in § 21-526, § 21-544, § 21-545.01, and § 24-531.07.
Effect of Amendments
D.C. Law 14-283, in subsec. (a), substituted “a manner” for “as informal a manner as may be”; and in subsec. (b), substituted “commitment” for “hospitalization” and substituted “committed” for “hospitalized”.
Emergency Legislation
For temporary (90 day) amendment of section, see § 2(p) of Mental Health Commitment Emergency Amendment Act of 2002 (D.C. Act 14-265, January 30, 2002, 49 DCR 1450).
For temporary (90 day) amendment of section, see § 2(p) of Mental Health Commitment Congressional Review Emergency Act of 2002 (D.C. Act 14-350, April 24, 2002, 49 DCR 4417).
For temporary (90 day) amendment of section, see § 2(q) of Mental Health Civil Commitment Emergency Act of 2002 (D.C. Act 14-546, December 12, 2002, 50 DCR 199).
For temporary (90 day) amendment of section, see § 2(q) of Mental Health Civil Commitment Congressional Review Emergency Act of 2003 (D.C. Act 15-41, March 24, 2003, 50 DCR 2784).
Temporary Legislation
Section 2(p) of D.C. Law 14-131, in subsec. (b), in the first sentence, substituted “commitment” for “hospitalization”, and “committed” for “hospitalized”.
Section 5(b) of D.C. Law 14-131 provided that the act shall expire after 225 days of its having taken effect.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 5 - Hospitalization of Persons with Mental Illness › Subchapter IV - Commitment Under Court Order › § 21–549. Preservation of other rights to release

§ 21–549. Preservation of other rights to release.
Nothing in this chapter prohibits a person from exercising a right presently available to him for obtaining release from confinement, including the right to petition for a writ of habeas corpus.
(Sept. 14, 1965, 79 Stat. 757, Pub. L. 89-183, § 1; Apr. 4, 2003, D.C. Law 14-283, § 2(y), 50 DCR 917.)
Prior Codifications
1981 Ed., § 21-549.
1973 Ed., § 21-549.
Effect of Amendments
D.C. Law 14-283 substituted “Nothing in this chapter prohibits” for “ Sections 21-546 to 21-548 do not prohibit”.
Emergency Legislation
For temporary (90 day) amendment of section, see § 2(x) of Mental Health Commitment Emergency Amendment Act of 2002 (D.C. Act 14-265, January 30, 2002, 49 DCR 1450).
For temporary (90 day) amendment of section, see § 2(x) of Mental Health Commitment Congressional Review Emergency Act of 2002 (D.C. Act 14-350, April 24, 2002, 49 DCR 4417).
For temporary (90 day) amendment of section, see § 2(y) of Mental Health Civil Commitment Emergency Act of 2002 (D.C. Act 14-546, December 12, 2002, 50 DCR 199).
For temporary (90 day) amendment of section, see § 2(y) of Mental Health Civil Commitment Congressional Review Emergency Act of 2003 (D.C. Act 15-41, March 24, 2003, 50 DCR 2784).
Temporary Legislation
Section 2(x) of D.C. Law 14-131 substituted “Nothing in this chapter prohibits” for “ Sections 21-546 to 21-548 do not prohibit”.
Section 5(b) of D.C. Law 14-131 provided that the act shall expire after 225 days of its having taken effect.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 5 - Hospitalization of Persons with Mental Illness › Subchapter IV - Commitment Under Court Order › § 21–550. Surety

§ 21–550. Surety.
The court in its discretion may require a petitioner under this subchapter to file an undertaking with surety to be approved by the court in such amount as the court deems proper, conditioned to save harmless the respondent by reason of costs incurred, including attorney’s fees, if any, and damages suffered by the respondent, as a result of any action under this subchapter.
(Sept. 14, 1965, 79 Stat. 757, Pub. L. 89-183, § 1.)
Prior Codifications
1981 Ed., § 21-550.
1973 Ed., § 21-550.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 5 - Hospitalization of Persons with Mental Illness › Subchapter V - Right to Communication; Exercise of Other Rights › § 21–561. Mail privileges; censored mail; return to sender; visiting hours

§ 21–561. Mail privileges; censored mail; return to sender; visiting hours.
(a) A person hospitalized in a public or private hospital pursuant to this chapter, or committed under sections 21-545, 21-545.01, or 21-548, may exercise the right to communicate with others as set forth in the Mental Health Consumers’ Rights Protection Act of 2001, effective December 18, 2001 (D.C. Law 14-56; D.C. Official Code § 7-1231.01 et seq.).
(b) Repealed.
(c) This section does not prohibit the administrator of a hospital from making reasonable rules regarding visitation hours.
(Sept. 14, 1965, 79 Stat. 758, Pub. L. 89-183, § 1; Feb. 24, 1984, D.C. Law 5-48, § 11(a)(15), 30 DCR 5778; Apr. 4, 2003, D.C. Law 14-283, § 2(aa), 50 DCR 917.)
Prior Codifications
1981 Ed., § 21-561.
1973 Ed., § 21-561.
Effect of Amendments
D.C. Law 14-283 rewrote subsecs. (a) and (c); and repealed subsec. (b).
Emergency Legislation
For temporary (90 day) amendment of section, see § 2(z) of Mental Health Commitment Emergency Amendment Act of 2002 (D.C. Act 14-265, January 30, 2002, 49 DCR 1450).
For temporary (90 day) amendment of section, see § 2(z) of Mental Health Commitment Congressional Review Emergency Act of 2002 (D.C. Act 14-350, April 24, 2002, 49 DCR 4417).
For temporary (90 day) amendment of section, see § 2(aa) of Mental Health Civil Commitment Emergency Act of 2002 (D.C. Act 14-546, December 12, 2002, 50 DCR 199).
For temporary (90 day) amendment of section, see § 2(aa) of Mental Health Civil Commitment Congressional Review Emergency Act of 2003 (D.C. Act 15-41, March 24, 2003, 50 DCR 2784).
Temporary Legislation
Section 2(z) of D.C. Law 14-131 repealed subsec. (b) and rewrote subsecs. (a) and (c) to read as follows:
“(a) A person hospitalized in a public or private hospital pursuant to this chapter, or committed under sections 21-545, 21-545.01, or 21-548, may exercise the right to communicate with others as set forth in the Mental Health Consumers’ Rights Protection Act of 2001, effective December 18, 2001 (D.C. Law 14-56; 48 DCR 7674).”
“(c) This section does not prohibit the administrator of a hospital from making reasonable rules regarding visitation hours.”
References in Text
Section 21-545.01, referred to in subsec. (a), is enacted only upon enactment of certain legislation by the United States Congress.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 5 - Hospitalization of Persons with Mental Illness › Subchapter V - Right to Communication; Exercise of Other Rights › § 21–563. Use of restraints or seclusion; record of use

§ 21–563. Use of restraints or seclusion; record of use.
A person who is hospitalized in a public or private hospital pursuant to this chapter has the right to be free from seclusion and restraint of any form that is not medically necessary or that is used as a means of coercion, discipline, convenience, or retaliation by staff, pursuant to the Mental Health Consumers’ Rights Protection Act of 2001, effective December 18, 2001 (D.C. Law 14-56; D.C. Official Code § 7-1231.01 et seq.).
(Sept. 14, 1965, 79 Stat. 758, Pub. L. 89-183, § 1; Feb. 24, 1984, D.C. Law 5-48, § 11(a)(17), 30 DCR 5778; Apr. 4, 2003, D.C. Law 14-283, § 2(cc), 50 DCR 917.)
Prior Codifications
1981 Ed., § 21-563.
1973 Ed., § 21-563.
Effect of Amendments
D.C. Law 14-283 rewrote the section which had read as follows: “§ 21-563. Use of mechanical restraints; record of use. A mechanical restraint may not be applied to a patient hospitalized in a public or private hospital for a mental illness unless the use of restraint is prescribed by a physician or qualified psychologist. If so prescribed, the restraint shall be removed whenever the condition justifying its use no longer exists. A use of a mechanical restraint, together with the reasons therefor, shall be made a part of the medical record of the patient.”
Emergency Legislation
For temporary (90 day) amendment of section, see § 2(bb) of Mental Health Commitment Emergency Amendment Act of 2002 (D.C. Act 14-265, January 30, 2002, 49 DCR 1450).
For temporary (90 day) amendment of section, see § 2(bb) of Mental Health Commitment Congressional Review Emergency Act of 2002 (D.C. Act 14-350, April 24, 2002, 49 DCR 4417).
For temporary (90 day) amendment of section, see § 2(cc) of Mental Health Civil Commitment Emergency Act of 2002 (D.C. Act 14-546, December 12, 2002, 50 DCR 199).
For temporary (90 day) amendment of section, see § 2(cc) of Mental Health Civil Commitment Congressional Review Emergency Act of 2003 (D.C. Act 15-41, March 24, 2003, 48 DCR 2784).
Temporary Legislation
Section 2(bb) of D.C. Law 14-131 amended this section to read as follows: “§ 21-563. Use of restraints or seclusion; record of use. A person who is hospitalized in a public or private hospital pursuant to this chapter has the right to be free from seclusion and restraint of any form that is not medically necessary or that is used as a means of coercion, discipline, convenience, or retaliation by staff, pursuant to the Mental Health Consumers’ Rights Protection Act of 2001, effective December 18, 2001 (D.C. Law 14-56; D.C. Official Code § 7-1231.01 et seq.).”
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 5 - Hospitalization of Persons with Mental Illness › Subchapter V - Right to Communication; Exercise of Other Rights › § 21–565. Statement of release and adjudication procedures and of other rights

§ 21–565. Statement of release and adjudication procedures and of other rights.
Upon the admission of a person to a hospital under a provision of this chapter, the administrator shall deliver to him, and to his spouse, domestic partner, parents, or other nearest known adult relative, a written statement outlining in simple, nontechnical language all release procedures provided by this chapter, setting out all rights accorded to patients by this chapter, and describing procedures provided by law for adjudication of incompetency and appointment of trustees or committees for the hospitalized person.
(Sept. 14, 1965, 79 Stat. 759, Pub. L. 89-183, § 1; Sept. 12, 2008, D.C. Law 17-231, § 22(e), 55 DCR 6758.)
Prior Codifications
1981 Ed., § 21-565.
1973 Ed., § 21-565.
Effect of Amendments
D.C. Law 17-231 substituted “spouse, domestic partner” for “spouse”.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 5 - Hospitalization of Persons with Mental Illness › Subchapter VI - Miscellaneous Provisions › § 21–581. Proceedings instituted by Mayor of the District of Columbia

§ 21–581. Proceedings instituted by Mayor of the District of Columbia.
Proceedings instituted by the Mayor of the District of Columbia to determine the mental condition of an alleged indigent mentally ill person or a person alleged to be mentally ill, with homicidal or otherwise dangerous tendencies, shall be according to the provisions of subchapter IV of this chapter.
(Sept. 14, 1965, 79 Stat. 759, Pub. L. 89-183, § 1; July 29, 1970, 84 Stat. 567, Pub. L. 91-358, title I, § 150(c)(5)(A); Mar. 24, 1998, D.C. Law 12-81, § 14(k), 45 DCR 745.)
Prior Codifications
1981 Ed., § 21-581.
1973 Ed., § 21-581.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 5 - Hospitalization of Persons with Mental Illness › Subchapter VI - Miscellaneous Provisions › § 21–583. Physicians, psychiatrists and qualified psychologists as witnesses

§ 21–583. Physicians, psychiatrists and qualified psychologists as witnesses.
A physician, psychiatrist or qualified psychologist making application or conducting an examination under this chapter is a competent and compellable witness at any trial, hearing or other proceeding conducted pursuant to this chapter and the physician- or psychologist-patient privilege is not applicable.
(Sept. 14, 1965, 79 Stat. 760, Pub. L. 89-183, § 1; Feb. 24, 1984, D.C. Law 5-48, § 11(a)(19), 30 DCR 5778.)
Prior Codifications
1981 Ed., § 21-583.
1973 Ed., § 21-583.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 5 - Hospitalization of Persons with Mental Illness › Subchapter VI - Miscellaneous Provisions › § 21–584. Witness fees

§ 21–584. Witness fees.
Witnesses subpoenaed under the provisions of this chapter shall be paid the same fees and mileage as are paid to other witnesses in the court.
(Sept. 14, 1965, 79 Stat. 760, Pub. L. 89-183, § 1; July 29, 1970, 84 Stat. 567, Pub. L. 91-358, title I, § 150(c)(6); Mar. 24, 1998, D.C. Law 12-81, § 14(l), 45 DCR 745.)
Prior Codifications
1981 Ed., § 21-584.
1973 Ed., § 21-584.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 5 - Hospitalization of Persons with Mental Illness › Subchapter VI - Miscellaneous Provisions › § 21–585. Confinement in jail prohibited

§ 21–585. Confinement in jail prohibited.
A person apprehended, detained, or hospitalized under any provision of this chapter may not be confined in jail or in a penal or correctional institution.
(Sept. 14, 1965, 79 Stat. 760, Pub. L. 89-183, § 1.)
Prior Codifications
1981 Ed., § 21-585.
1973 Ed., § 21-585.
Section References
This section is referenced in § 21-589.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 5 - Hospitalization of Persons with Mental Illness › Subchapter VI - Miscellaneous Provisions › § 21–587. Veterans’ Administration and military hospital facilities

§ 21–587. Veterans’ Administration and military hospital facilities.
This chapter does not require the admission of a person to a Veterans’ Administration or military hospital facility unless the person is otherwise eligible for care and treatment in the facility.
(Sept. 14, 1965, 79 Stat. 760, Pub. L. 89-183, § 1.)
Prior Codifications
1981 Ed., § 21-587.
1973 Ed., § 21-587.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 5 - Hospitalization of Persons with Mental Illness › Subchapter VI - Miscellaneous Provisions › § 21–588. Forms

§ 21–588. Forms.
All applications and certificates for the hospitalization of a person in the District of Columbia under this chapter shall be made on forms approved by the Commission on Mental Health and furnished by it.
(Sept. 14, 1965, 79 Stat. 760, Pub. L. 89-183, § 1.)
Prior Codifications
1981 Ed., § 21-588.
1973 Ed., § 21-588.
Section References
This section is referenced in § 21-589.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 5 - Hospitalization of Persons with Mental Illness › Subchapter VI - Miscellaneous Provisions › § 21–589. Persons hospitalized prior to September 15, 1964

§ 21–589. Persons hospitalized prior to September 15, 1964.
(a) Subject to subsection (b) of this section, the provisions of sections 21-546 to 21-551, subchapter V of this chapter and sections 21-585 and 21-588 apply to a person, who, on or after January 1, 1966, is a patient in a hospital in the District of Columbia by reason of having been declared insane or of unsound mind pursuant to a court order entered in a noncriminal proceeding prior to September 15, 1964.
(b) A request made by a patient referred to in subsection (a) of this section for an examination authorized by section 21-546 may be made on April 15, 1966, by the patient, or his attorney, legal guardian, spouse, parent, or other nearest adult relative, and not more frequently than every six months thereafter.
(Sept. 14, 1965, 79 Stat. 761, Pub. L. 89-183, § 1.)
Prior Codifications
1981 Ed., § 21-589.
1973 Ed., § 21-589.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 5 - Hospitalization of Persons with Mental Illness › Subchapter VI - Miscellaneous Provisions › § 21–591. Offenses and penalties

§ 21–591. Offenses and penalties.
Whoever:
(1) without probable cause for believing a person to be mentally ill:
(A) causes or conspires with or assists another person to cause the hospitalization, under this chapter, of the person first referred to; or
(B) executes a petition, application, or certificate pursuant to this chapter, by which he secures or attempts to secure the apprehension, hospitalization, detention, or restraint of the person first referred to;
(2) causes or conspires with or assists another person to cause the denial to a person of a right accorded to him by this chapter; or
(3) being a physician, psychiatrist or qualified psychologist, knowingly makes a false certificate or application pursuant to this chapter as to the mental condition of a person —
shall be fined not more than the amount set forth in [§ 22-3571.01] or imprisoned not more than three years, or both.
(Sept. 14, 1965, 79 Stat. 761, Pub. L. 89-183, § 1; Feb. 24, 1984, D.C. Law 5-48, § 11(a)(20), 30 DCR 5778; June 11, 2013, D.C. Law 19-317, § 282, 60 DCR 2064.)
Prior Codifications
1981 Ed., § 21-591.
1973 Ed., § 21-591.
Effect of Amendments
The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in [§ 22-3571.01]” for “not more than $5,000” in the last line.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 282 of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).
Editor's Notes
Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 5 - Hospitalization of Persons with Mental Illness › Subchapter VI - Miscellaneous Provisions › § 21–592. Return to hospital of an escaped mentally ill person

§ 21–592. Return to hospital of an escaped mentally ill person.
When a person has been ordered confined in a hospital or institution for the mentally ill pursuant to this chapter and has left such hospital or institution without authorization or has failed to return as directed, the court which ordered confinement shall, upon the request of the administrator of such hospital or institution, order the return of such person to such hospital or institution.
(July 29, 1970, 84 Stat. 568, Pub. L. 91-358, title I, § 150(c)(7)(A).)
Prior Codifications
1981 Ed., § 21-592.
1973 Ed., § 21-592.
Cross References
Fugitives from welfare institutions, reward for apprehension, see § 24-201.27.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 7 - Property of Mentally Ill Persons. [Repealed] › § 21–701. Definition [Repealed]

§ 21–701. Definition [Repealed]
Repealed.
(Feb. 28, 1987, D.C. Law 6-204, § 3, 34 DCR 632.)
Prior Codifications
1981 Ed., §§ 21-701 to 21-706.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 7 - Property of Mentally Ill Persons. [Repealed] › § 21–702. Property subject to liens [Repealed]

§ 21–702. Property subject to liens [Repealed]
Repealed.
(Feb. 28, 1987, D.C. Law 6-204, § 3, 34 DCR 632.)
Prior Codifications
1981 Ed., §§ 21-701 to 21-706.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 7 - Property of Mentally Ill Persons. [Repealed] › § 21–703. Property subject to executory contract [Repealed]

§ 21–703. Property subject to executory contract [Repealed]
Repealed.
(Feb. 28, 1987, D.C. Law 6-204, § 3, 34 DCR 632.)
Prior Codifications
1981 Ed., §§ 21-701 to 21-706.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 7 - Property of Mentally Ill Persons. [Repealed] › § 21–704. Contract for sale by adult in behalf of himself and mentally ill person [Repealed]

§ 21–704. Contract for sale by adult in behalf of himself and mentally ill person [Repealed]
Repealed.
(Feb. 28, 1987, D.C. Law 6-204, § 3, 34 DCR 632.)
Prior Codifications
1981 Ed., §§ 21-701 to 21-706.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 7 - Property of Mentally Ill Persons. [Repealed] › § 21–705. Ancillary guardian of nonresident mentally ill person [Repealed]

§ 21–705. Ancillary guardian of nonresident mentally ill person [Repealed]
Repealed.
(Feb. 28, 1987, D.C. Law 6-204, § 3, 34 DCR 632.)
Prior Codifications
1981 Ed., §§ 21-701 to 21-706.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 7 - Property of Mentally Ill Persons. [Repealed] › § 21–706. Suits by ancillary guardian [Repealed]

§ 21–706. Suits by ancillary guardian [Repealed]
Repealed.
(Feb. 28, 1987, D.C. Law 6-204, § 3, 34 DCR 632.)
Prior Codifications
1981 Ed., §§ 21-701 to 21-706.
2023 District of Columbia Code › Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title] › Chapter 9 - Persons with Mental Illness Found in Certain Federal Reservations › § 21–901. Definition

§ 21–901. Definition.
As used in this chapter, “mental illness” has the same meaning as that given to the term by section 21-501 .
(Sept. 14, 1965, 79 Stat. 763, Pub. L. 89-183, § 1; Sept. 26, 2012, D.C. Law 19-169, § 21(d)(2), 59 DCR 5567.)
Prior Codifications
1981 Ed., § 21-901.
1973 Ed., § 21-901.
Effect of Amendments
The 2012 amendment by D.C. Law 19-169 substituted “mental illness” for “mentally ill person.”
Cross References
Superior of the District of Columbia, civil jurisdiction, see § 11-921.
U.S. District Court for the District of Columbia, civil jurisdiction, see § 11-501.
Editor's Notes
The 2012 amendment by Section 21(d)(1) of D.C. Law 19-169 substituted “Persons with Mental Illness” for “Mentally Ill Persons” in the chapter heading.
Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.