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The DC Code: § 7-1304.07 Standard of proof.

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

Historical and Statutory

Prior Codifications 1981 Ed., § 6-1947. 1973 Ed., § 6-1674. Effect of Amendments 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). D.C. Law 19-169, in subsec. (b), substituted "an intellectual disability" for "mental retardation". Emergency Act Amendments 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). 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). 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 history of Law 19-169, see notes under § 7-761.02. DC CODE § 7-1304.07 Current through December 11, 2012

Credits

(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.)