Code of the District of Columbia

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

(a) Repealed.

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

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

(b) Repealed.

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

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


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

Prior Codifications

1981 Ed., § 6-1924.

1973 Ed., § 6-1657.

Section References

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

Effect of Amendments

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

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

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

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

Applicability

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

Emergency Legislation

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

For temporary (90 day) amendment of section, see § 2(c) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14-383, June 12, 2002, 49 DCR 5701).

For temporary (90 day) amendment of section, see § 2(c) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-454, July 23, 2002, 49 DCR 8096).

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

Temporary Legislation

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

Editor's Notes

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