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The DC Code: § 7-1303.09 Transfer of individual from one facility to another.

Index7 Human Health Care and Safety. (Refs & Annos)
a
The Department on Disability Services may recommend to the Court that an individual committed to the facility be transferred to another facility if the Department on Disability Services determines that it would be beneficial and consistent with the habilitation needs of the individual to do so. Notice of the recommendation shall be served on the individual, the individual's counsel, the individual's parent or guardian who petitioned for the commitment and the individual's advocate for a person with an intellectual disability, if one has been appointed. If the proposed transfer is determined by the Court to be a transfer to a more restrictive facility, a mandatory hearing shall be conducted promptly in accordance with the procedures established in subchapter IV of this chapter. If the Court determines that the proposed transfer would be to a less restrictive facility, a Court hearing shall be held only if the individual, the individual's parent or guardian, or, in the case of an individual committed under § 7-1304.06a, the District requests a hearing by petitioning the Court in writing within 10 days of being notified by the Court of its determination. The hearing shall be held promptly following the request for the hearing. In deciding whether to authorize the transfer, the Court shall consider whether the proposed facility can provide the necessary habilitation and whether it would be the lease restrictive means of providing such habilitation. In the case of an individual committed under § 7-1304.06a, the Court shall also consider whether the proposed placement can provide sufficient supervision or security to prevent the individual from causing injury to others as a result of the individual's intellectual disability. Due consideration shall be given to the relationship of the individual to his or her family, guardian, or friends so as to maintain relationships and encourage visits beneficial to the relationship.
b
An individual admitted to a facility can be transferred to another facility if the individual consents to the transfer.
c
Nothing in this section shall be construed to prohibit transfer of an individual to a health care facility without prior Court approval in an emergency situation when the life of the individual is in danger. In such circumstances, consent of the individual, or parent or guardian who sought the commitment shall be obtained prior to the transfer. In the event the individual cannot consent and there is no person who can be reasonably contacted, such transfer may be made upon the authorization of the Department on Disability Services, with notice promptly given to the parent or guardian. Consent of the individual, parent, or guardian is not required if the District sought commitment. The parent, guardian, counsel for the individual, and advocate for a person with an intellectual disability shall be notified promptly of the transfer.

Historical and Statutory

Prior Codifications 1981 Ed., § 6-1929. 1973 Ed., § 6-1662. Effect of Amendments D.C. Law 14-199 rewrote the section which had read as follows: "§ 7-1303.09. Transfer of customer from one facility to another. "(a) The Department of Human Services may recommend to the Court that a customer committed to the facility be transferred to another facility if the Department of Human Services determines that it would be beneficial and consistent with the habilitation needs of the customer to do so. Notice of the recommendation shall be served on the customer, the customer's counsel, the customer's parent or guardian who petitioned for the commitment and the customer's mental retardation advocate, if one has been appointed. If the proposed transfer is determined by the Court to be a transfer to a more restrictive facility, a mandatory hearing shall be conducted promptly in accordance with the procedures established in subchapter IV of this chapter. If the Court determines that the proposed transfer would be to a less restrictive facility, a Court hearing shall be held only if the customer or his or her parent or guardian requests a hearing by petitioning the Court in writing within 10 days of being notified by the Court of its determination. The hearing shall be held promptly following the request for the hearing. In deciding whether to authorize the transfer, the Court shall consider whether the proposed facility can provide the necessary habilitation and whether it would be the least restrictive means of providing such habilitation. Due consideration shall be given to the relationship of the customer to his or her family, guardian or friends so as to maintain relationships and encourage visits beneficial to the relationship. "(b) A customer admitted to a facility can be transferred to another facility if the customer consents to the transfer. "(c) Nothing in this section shall be construed to prohibit transfer of a customer to a health care facility without prior Court approval in an emergency situation when the life of the customer is in danger. In such circumstances, consent of the customer, or parent or guardian who sought the commitment shall be obtained prior to the transfer. In the event the customer cannot consent and there is no person who can be reasonably contacted, such transfer may be made upon the authorization of the Department of Human Services, with notice promptly given to the parent or guardian." D.C. Law 16-264, in subsecs. (a) and (c), substituted "Department on Disability Services" for "Department of Human Services". D.C. Law 19-169 substituted "advocate for a person with an intellectual disability" for "mental retardation advocate"; and substituted "result of the individual's intellectual disability" for "result of the individual's mental retardation". Temporary Amendments of Section For temporary (225 day) amendment of section, see § 505(h), (i)) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652). Emergency Act Amendments For temporary amendment of section, see § 505(h) and (i) 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 (90 day) amendment of section, see § 2(e) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14- 383, June 12, 2002, 49 DCR 5701). For temporary (90 day) amendment of section, see § 2(e) 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 § 301(f) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155). Legislative History of Laws For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 7-1301.02. For legislative history of D.C. Law 11-52, see Historical and Statutory Notes following § 7-1301.02. Law 11-255, the "Second Technical Amendments Act of 1996," was introduced in Council and assigned Bill No. 11-905, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 7, 1996, and December 3, 1996, respectively. Signed by the Mayor on December 24, 1996, it was assigned Act No. 11-519 and transmitted to both Houses of Congress for its review. D.C. Law 11-255 became effective on April 9, 1997. For Law 14-199, see notes following § 7-1301.03. For Law 16-264, see notes following § 7-1301.03. For history of Law 19-169, see notes under § 7-761.02. DC CODE § 7-1303.09 Current through December 11, 2012

Credits

(Mar. 3, 1979, D.C. Law 2-137, § 309, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(h), 42 DCR 3684; Apr. 9, 1997, D.C. Law 11-255, § 14(a), 44 DCR 1271; Oct. 17, 2002, D.C. Law 14-199, § 2(e), 49 DCR 7647; Mar. 14, 2007, D.C. Law 16-264, § 301(f), 54 DCR 818; Sept. 26, 2012, D.C. Law 19-169, § 17(l), 59 DCR 5567.)