Standard of proof.
If the petition was filed pursuant to § 7-1303.04(a), the parent or guardian, or his or her counsel if so represented, shall present evidence which shows beyond a reasonable doubt that the respondent is not competent to refuse commitment. If the petition was filed pursuant to § 7-1303.04(b-1), the District shall present clear and convincing evidence that shows that the respondent is likely to cause injury to others as a result of an intellectual disability if allowed to remain at liberty.
Annotations
Mar. 3, 1979, D.C. Law 2-137, § 407, 25 DCR 5094 Oct. 17, 2002, D.C. Law 14-199, § 2(m), 49 DCR 7647 Sept. 26, 2012, D.C. Law 19-169, § 17(x), 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(m) 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(m) 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 (b). D.C. Law 14-199 designated subsec. (a), and in that subsection, substituted “§ 7-1303.04(a)” for “§ 7-1303.04”; and added subsec. (b). 1973 Ed., § 6-1674. 1981 Ed., § 6-1947.
Sourced from the DC Council Open Law Library (public domain).
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