Commencement of commitment proceedings; filing of written petition.
Proceedings for the commitment of an individual pursuant to subchapter III of this chapter shall be commenced by the filing of a written petition with the Court in the manner and form prescribed by the Court. The petition may be filed by a parent or guardian with respect to an individual who is or is believed to have an intellectual disability. If filed by the parent or guardian, a copy of the petition shall be served on the respondent and on his or her counsel, retained or appointed pursuant to § 7-1304.02. The petition may be filed by the District in the case of an individual with an intellectual disability found incompetent in a criminal case. If filed by the District, a copy of the petition shall be served on the individual, the individual’s counsel, the individual’s parent or guardian, and the individual’s advocate for a person with an intellectual disability.
Annotations
Mar. 3, 1979, D.C. Law 2-137, § 401, 25 DCR 5094 Oct. 17, 2002, D.C. Law 14-199, § 2(i), 49 DCR 7647 Apr. 24, 2007, D.C. Law 16-305, § 26(j), 53 DCR 6198 Sept. 26, 2012, D.C. Law 19-169, § 17(r), 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(i) 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(i) 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 the second and fourth sentences; and substituted “individual’s advocate for a person with an intellectual disability” for “individual’s mental retardation advocate” in the last sentence. D.C. Law 16-305 substituted “have mental retardation” for “be mentally retarded”. D.C. Law 14-199 added the last sentence. 1973 Ed., § 6-1668. 1981 Ed., § 6-1941. This section is referenced in § 7-1304.03 and § 24-531.02.
Sourced from the DC Council Open Law Library (public domain).
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