The DC Code: § 7-1304.09 Disposition orders by Court.

a

Upon completion of the hearing on a petition filed pursuant to § 7- 1303.04(a), the Court shall order that a respondent shall not be committed to a facility if the Court finds that:

1

The respondent does not have at least a moderate intellectual disability;

2

A respondent 14 years of age or older is competent to refuse commitment; or

3

The respondent is not a resident of the District of Columbia.

b

Only if the Court determines that the conditions set forth in § 7- 1303.04(b) and § 7-1303.06 are satisfied shall it order commitment to a facility consistent with the comprehensive evaluation and individual habilitation plan of the person with an intellectual disability.

c

If the Court determines, pursuant to subsections (a) and (b) of this subsection, that a respondent should not be committed to a facility, the Court may order that the respondent undergo such nonresidential habilitation and care as may be appropriate, necessary, and available, or it may order no habilitation and care.

d

For persons whose admission to facilities has been questioned under § 7- 1303.02, the Court shall enter an appropriate order as set forth under that section.

Historical and Statutory

Prior Codifications 1981 Ed., § 6-1949. 1973 Ed., § 6-1676. Effect of Amendments D.C. Law 14-199, in subsec. (a), substituted "hearing on a petition filed pursuant to § 7-1303.04(a)" for "hearing"; in subsec. (b), substituted "§ 7- 1303.04(b)" for "§ 7-1303.04"; and in subsec. (c), substituted "determines, pursuant to subsections (a) and (b) of this subsection," for "determines". D.C. Law 16-305, in subsec. (b), substituted "the person with mental retardation" for "the mentally retarded person". D.C. Law 19-169 rewrote subsec. (a)(1); and, in subsec. (b), substituted "an intellectual disability" for "mental retardation". Prior to amendment, subsec. (a)(1) read as follows: "(1) The respondent is not at least moderately mentally retarded;" Temporary Amendments of Section For temporary (225 day) amendment of section, see § 505(k) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652). For temporary (225 day) amendment of section, see § 4(c) of Human Services Spending Reduction Temporary Amendment Act of 1995 (D.C. Law 11-29, July 25, 1995, law notification 42 DCR 4002). Emergency Act Amendments For temporary amendment of section, see § 505(k) 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 amendment of section, see § 4(c) of the Human Services Spending Reduction Emergency Amendment Act of 1995 (D.C. Act 11-35, April 11, 1995, 42 DCR 1834) and § 4(c) of the Human Services Spending Reduction Congressional Recess Emergency Amendment Act of 1995 (D.C. Act 11-104, July 21, 1995, 42 DCR 4014). For temporary amendment of section, see § 506(k) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160). For temporary (90 day) amendment of section, see § 2(n) 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(n) 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 legislative history of D.C. Law 11-52, 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 § 7-1304.09 Current through December 11, 2012

Credits

(Mar. 3, 1979, D.C. Law 2-137, § 409, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(k), 42 DCR 3684; Oct. 17, 2002, D.C. Law 14-199, § 2(n), 49 DCR 7647; Apr. 24, 2007, D.C. Law 16-305, § 26(m), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 17(z), 59 DCR 5567.)