Competence of individual to refuse commitment.
Except as provided in subsection (b) of this section, no individual 14 years of age or older who has or is believed to have an intellectual disability shall be committed to a facility if the individual is determined by the Court to be competent to refuse such commitment. For purposes of this chapter, persons 14 years of age and older shall be presumed competent to refuse commitment. The Court may commit an individual pursuant to § 7-1304.06a irrespective of the individual’s competence to refuse such commitment.
Annotations
Mar. 3, 1979, D.C. Law 2-137, § 301, 25 DCR 5094 Oct. 17, 2002, D.C. Law 14-199, § 2(b), 49 DCR 7647 Apr. 24, 2007, D.C. Law 16-305, § 26(c), 53 DCR 6198 Sept. 26, 2012, D.C. Law 19-169, § 17(e), 59 DCR 5567 Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law. For temporary (90 day) amendment of section, see § 2(b) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-454, July 23, 2002, 49 DCR 8096). For temporary (90 day) amendment of section, see § 2(b) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14-383, June 12, 2002, 49 DCR 5701). The 2012 amendment by D.C. Law 19-169 substituted “an intellectual disability” for “mental retardation” in (a). D.C. Law 16-305, in subsec. (a), substituted “has or is believed to have mental retardation” for “is or is believed to be mentally retarded”. D.C. Law 14-199 redesignated the section as subsec. (a); in subsec. (a), substituted “Except as provided in subsection (b) of this section, no individual” for “No individual”; and added subsec. (b). 1973 Ed., § 6-1654. 1981 Ed., § 6-1921.
Sourced from the DC Council Open Law Library (public domain).
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