Petition for commitment of individual under 14 years of age filed by parent or guardian.
A parent or guardian may file a written petition with the Court to have an individual under 14 years of age who is or is believed to have an intellectual disability committed to a facility. The Court shall promptly conduct a hearing in accordance with the procedures set forth in subchapter IV of this chapter to determine whether the Court shall order the commitment. The Court shall order such commitment only if it determines beyond a reasonable doubt that: Based on a comprehensive evaluation of the individual performed within one year prior to the hearing, the individual has at least a moderate intellectual disability and requires habilitation; Commitment to a facility is necessary in order for the individual to receive the habilitation indicated by the individual habilitation plan required under § 7-1304.03; The facility to which commitment is sought, its sponsoring agency, or the Department on Disability Services is capable of providing the required habilitation; and Commitment to that facility would be the least restrictive means of providing the habilitation. The facility, its sponsoring agency, or the Department on Disability Services shall provide a written statement to the Court, before commitment to the facility is ordered, that the habilitation indicated by the individual’s habilitation plan will be implemented.
Annotations
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 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 § 301(e) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155). 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 (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). 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). D.C. Law 16-264, in subsecs. (a)(3) and (b), substituted “Department on Disability Services” for “Department of Human Services”. 1973 Ed., § 6-1659. 1981 Ed., § 6-1926. This section is referenced in § 7-1303.08, § 7-1304.03, § 7-1304.09, § 7-1304.11, and § 7-1304.13.
Sourced from the DC Council Open Law Library (public domain).
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