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The DC Code: § 7-1304.01 Commencement of commitment proceedings; filing of written petition.

Index7 Human Health Care and Safety. (Refs & Annos)

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.

Historical and Statutory

Prior Codifications 1981 Ed., § 6-1941. 1973 Ed., § 6-1668. Effect of Amendments D.C. Law 14-199 added the last sentence. D.C. Law 16-305 substituted "have mental retardation" for "be mentally retarded". D.C. Law 19-169 substituted "have an intellectual disability" for "have mental retardation", "with an intellectual disability" for "with mental retardation", and "individual's advocate for a person with an intellectual disability" for "individual's mental retardation advocate". Emergency Act Amendments 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). 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). Legislative History of Laws For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 7-1301.02. For Law 14-199, see notes following § 7-1301.03. For Law 16-305, see notes following § 7-531.01. For history of Law 19-169, see notes under § 7-761.02. DC CODE § 7-1304.01 Current through December 11, 2012

Credits

(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.)