Voluntary admission.
Any individual 14 years of age or older who has an intellectual disability, may have an intellectual disability, or has been diagnosed with an intellectual disability may apply to a Director of a facility for voluntary admission to that facility for habilitation and care. The Director may admit the individual; provided, that the Director has determined that the individual is at least 14 years of age. Within 10 days of the admission, the Director shall notify the Court of the admission and shall certify to the Court that a comprehensive evaluation shall be conducted and an individual habilitation plan developed within 30 days of the admission. The Court shall promptly appoint an appropriate officer to determine whether the individual is competent to admit himself or herself to the facility and whether the admission is voluntary. The determination of competency shall consider, but not be limited to, an inquiry into the individual’s understanding of what habilitation and care will be provided in the facility, and what alternative means of habilitation and care are available from community-based services. If the officer determines that there is a substantial question regarding either the voluntariness of the admission or the competency of the individual, the officer shall so advise the Court, and the Court shall promptly conduct a hearing in accordance with the procedures established in subchapter IV of this chapter to resolve the issues of competency and/or voluntariness. If the Court determines that the admission is not voluntary, the Court shall order that the individual be discharged from the facility. If the Court finds that the individual is not competent to admit himself or herself, it may order that that person be discharged if it determines that discharge would be in the individual’s best interest, or it may appoint a guardian ad litem to represent the individual in a subsequent hearing to be held promptly to determine the appropriate placement, if any, of the individual. The individual may remain in the facility until the Court hearing unless the Court decides that this would not be in the individual’s best interest.
Annotations
Mar. 3, 1979, D.C. Law 2-137, § 302, 25 DCR 5094 Sept. 26, 1995, D.C. Law 11-52, § 506(d), 42 DCR 3684 Apr. 24, 2007, D.C. Law 16-305, § 26(d), 53 DCR 6198 Sept. 26, 2012, D.C. Law 19-169, § 17(f), 59 DCR 5567 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 amendment of section, see § 505(d) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197). For temporary (225 day) amendment of section, see § 505(d) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652). The 2012 amendment by D.C. Law 19-169 substituted “an intellectual disability” for “mental retardation” wherever it appears in (a). D.C. Law 16-305, in subsec. (a), substituted “has mental retardation, may have mental retardation, or has been diagnosed with mental retardation” for “is, may be, or has been diagnosed mentally retarded”. 1973 Ed., § 6-1655. 1981 Ed., § 6-1922. This section is referenced in § 7-1304.02, § 7-1304.09, § 7-1304.13, and § 7-1305.04.
Sourced from the DC Council Open Law Library (public domain).
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