Notwithstanding any other provision of law, the Department of Mental Health shall:
Effect of Amendments D.C. Law 16-192, in par. (2), inserted "except that DYRS shall be responsible for the provision of mental health services for youth in custody in DYRS secure facilities" following "Department". D.C. Law 19-171 rewrote par. (15), which formerly read: "(15) Independent of the District of Columbia Office of Contracting and Procurement, exercise procurement authority to carry out the purposes of the Department, including contracting and contract oversight. The Department shall exercise this authority consistent with Unit A of Chapter 3 of Title 2, except with regard to the powers and duties outlined in § 2-301.05(a), (b), (c), and (e);" Temporary Amendments of Section For temporary (225 day) amendment of section, see § 2(b) of Comprehensive Psychiatric Emergency Program Long-Term Ground Lease Temporary Act of 2006 (D.C. Law 16-298, March 6, 2007, law notification 54 DCR 5144). Temporary Addition of Section For temporary (225 day) addition of section, see § 4 of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807). Emergency Act Amendments For temporary (90 day) addition of section, see § 4 of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390). For temporary (90 day) addition of section, see § 4 of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123). For temporary (90 day) addition of section, see § 104 of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947). For temporary (90 day) additions, see §§ 5102, 5113, 5114 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667). For temporary (90 day) amendment of section, see § 5022(b) of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068). For temporary (90 day) amendment of section, see § 5022(b) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845). For temporary (90 day) amendment of section, see § 2(b) of Comprehensive Psychiatric Emergency Program Long-Term Ground Lease Emergency Act of 2006 (D.C. Act 16-529, December 4, 2006, 53 DCR 9833). For temporary (90 day) amendment of section, see § 5022(b) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165). For temporary (90 day) amendment of section, see § 2(b) of Comprehensive Psychiatric Emergency Program Long-Term Ground Lease Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-16, February 20, 2007, 54 DCR 1774). For temporary (90 day) repeal of section 2 of D.C. Law 16-298, see § 2 of Comprehensive Psychiatric Emergency Program Long-Term Ground Lease Emergency Amendment Act of 2007 (D.C. Act 17-80, July 26, 2007, 54 DCR 7636). For temporary (90 day) addition of section, see § 5012 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764). For temporary (90 day) addition of section, see § 5012 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290). Legislative History of Laws For Law 14-56, see notes following § 7-1131.01. For Law 16-192, see notes following § 7-751.16a. For history of Law 19-171, see notes under § 7-242. Miscellaneous Notes Short title of subtitle J of title V of Law 16-33: Section 5101 of D.C. Law 16-33 provided that subtitle J of title V of the act may be cited as the Residential Treatment Centers Placement Act of 2005. Section 5102 of D.C. Law 16-33 provides: "Sec. 5102. Residential treatment centers placement agreement. "(a) The Department of Mental Health ("DMH"), the Children and Family Services Administration ("CFSA"), and the Department of Youth Rehabilitation Services ("DYRS") shall enter into an agreement for DMH to contract for and authorize placements for all children and youth requiring residential treatment center placement, regardless of the fund source for children and youth with emotional or mental disorders. "(b) The agreement shall require DMH, CFSA, and DYRS to plan and contract jointly for evidence-based, effective community alternatives to residential treatment center placements. "(c) All residential treatment center providers who currently are not certified who choose to remain contractors with the District and who meet certification standards shall be certified by DMH.". Short title of subtitle K of title V of Law 16-33: Section 5111 of D.C. Law 16-33 provided that subtitle K of title V of the act may be cited as the Department of Mental Health Retirement Incentive Programs Act of 2005. Sections 5112 to 5114 of D.C. Law 16-33 provide: "Sec. 5112. Definitions. "For the purposes of this act, the term "felony" means an offense that is punishable by a term of imprisonment that exceeds one year or a fine of at least $1,000, or both. "Sec. 5113. Easy out retirement incentive. "(a) Notwithstanding section 1106 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2- 139; D. C. Official Code § 1-611.06) ("CMPA"), if the Council adopts changes to the Career and Excepted Service compensation system under section 1104 of the CMPA that authorize the Mayor to establish a retirement incentive program for certain District employees ("Easy Out Program"), the Department of Mental Health is hereby authorized to offer the cash incentives described in subsection (b) to employees who are eligible to participate in any Easy Out Program approved by the federal Office of Personnel Management and the District of Columbia Office of Personnel for fiscal year 2006, if the Department of Mental Health chooses to participate in the Easy Out Program. "(b) The Department of Mental Health may offer a retirement incentive of up to 50% of an employee's annual rate of base pay, based on the employee's salary or pay schedule in effect on October 1, 2005, not to exceed $25,000, to be paid within one year of the employee's retirement. "(c) Retirement incentive payments shall be prorated in the case of a part-time employee. "(d) Retirement incentive payments shall not be considered basic pay for computing retirement entitlement, insurance entitlement, any category of premium pay entitlement, lump-sum leave, or any other entitlement that is computed on basic pay. "(e) No incentive payment shall be paid to: "(1) An employee who is a reemployed annuitant under the provisions of 5 U.S.C. § 8344; "(2) An employee who is in a critical position as defined by the Department of Mental Health; "(3) An employee who is under indictment or who is charged by information with or who has been convicted of a felony, or who has pled guilty or has been convicted after a plea of nolo contendere to a felony, related to his or her employment duties; provided, that any employee who is ultimately acquitted or cleared of any charge that caused his or her ineligibility shall be eligible for all benefits as if that employee had never been indicted for or charged by information with a felony; or "(4) An employee who, based on conduct related to his or her employment duties, has been convicted of a misdemeanor, or who has pled guilty or has been convicted after a plea of nolo contendere to a misdemeanor; provided, that any employee who is ultimately acquitted or cleared of any charge that caused his or her ineligibility shall be eligible for all benefits as if that employee had never been charged with a misdemeanor. "(f) An employee who receives an incentive payment under the Easy Out Program shall not be eligible for reemployment with the District government for 5 years from the date of retirement, and shall not be hired or retained as a sole source consultant or personal services contractor for 5 years from the date of retirement. "Sec. 5114. Early out retirement incentive. "(a) Notwithstanding section 1106 of the CMPA, if the Council adopts changes to the Career and Excepted Service compensation system under section 1104 of the CMPA that authorize the Mayor to establish a retirement incentive program for certain District employees ("Early Out Program"), the Department of Mental Health is hereby authorized to offer the cash incentives described in subsection (b) to employees who are eligible to participate in any Early Out Program approved by the federal Office of Personnel Management and the District of Columbia Office of Personnel for fiscal year 2006, if the Department of Mental Health chooses to participate in the Early Out Program. "(b) The Department of Mental Health may offer a retirement incentive of up to 50% of an employee's annual rate of base pay, based on the employee's salary or pay schedule in effect on October 1, 2005 not to exceed $25,000, to be paid within one year of the employee's retirement. "(c) Retirement incentive payments shall be prorated in the case of a part-time employee. "(d) Retirement incentive payments shall not be considered basic pay for computing retirement entitlement, insurance entitlement, any category of premium pay entitlement, lump-sum leave, or any other entitlement that is computed on basic pay. "(e) No incentive payment shall be paid to: "(1) An employee who is a reemployed annuitant under the provisions of 5 U.S.C. § 8344; "(2) An employee who is in a critical position as defined by the Department of Mental Health; "(3) An employee who is under indictment or who is charged by information with or who has been convicted of a felony, or who has pled guilty or has been convicted after a plea of nolo contendere to a felony, related to his or her employment duties; provided, that any employee who is ultimately acquitted or cleared of any charge that caused his or her ineligibility shall be eligible for all benefits as if that employee had never been indicted for or charged by information with a felony; or "(4) An employee who, based on conduct related to his or her employment duties, has been convicted of a misdemeanor, or who has pled guilty or has been convicted after a plea of nolo contendere to a misdemeanor; provided, that any employee who is ultimately acquitted or cleared of any charge that caused his or her ineligibility shall be eligible for all benefits as if that employee had never been charged with a misdemeanor. "(f) An employee who receives an incentive payment under the Early Out Program shall not be eligible for reemployment with the District government for 5 years from the date of retirement, and shall not be hired or retained as a sole source consultant or personal services contractor for 5 years from the date of retirement." Short title: Section 5011 of D.C. Law 19-168 provided that subtitle B of title V of the act may be cited as "Reporting Requirements Act of 2012". For Department of Mental Health reporting requirements to Council, see § 5012 of D.C. Law 19-168. DC CODE § 7-1131.04 Current through December 11, 2012
(Dec. 18, 2001, D.C. Law 14-56, § 104, 48 DCR 7674; Mar. 2, 2007, D.C. Law 16-192, § 5022(b), 53 DCR 6899; Sept. 26, 2012, D.C. Law 19-171, § 210, 59 DCR 6190.)