Title 7 — Human Health Care and Safety.

[Repealed or reserved.]

(a) It is the intent of the Council of the District of Columbia to: (1) Assure that residents of the District of Columbia with intellectual disabilities shall have all the civil and legal rights enjoyed by all other citizens of the District of Columbia and the United States; (2) …

As used in this chapter: (1) “Admission” means the voluntary entrance by an individual with an intellectual disability into an institution or residential facility. (1A) “Advanced practice registered nurse” includes a nurse-practitioner or clinical nurse specialist, licensed pursu…

Repealed Repealed.

(a) Except as provided in subsection (b) of this section, no individual 14 years of age or older who has or is believed to have an intellectual disability shall be committed to a facility if the individual is determined by the Court to be competent to refuse such commitment. For …

(a) Any individual 14 years of age or older who has an intellectual disability, may have an intellectual disability, or has been diagnosed with an intellectual disability may apply to a Director of a facility for voluntary admission to that facility for habilitation and care. The…

Any individual 14 years of age or older who has an intellectual disability, may have an intellectual disability, or has been diagnosed with an intellectual disability may apply to any hospital, clinic or facility, or other community-based service owned or operated by, or under co…

(a) A written petition by a parent or guardian may be filed with the Court to have an individual 14 years of age or older, who is or is believed to have an intellectual disability, committed to a facility. Upon the filing of such petition, the Court shall promptly conduct a heari…

Any parent or guardian may apply on behalf of an individual under 14 years of age who is or is believed to have an intellectual disability to any hospital, clinic, facility or community-based service owned or operated by, or under contract with, the District for nonresidential ha…

(a) A parent or guardian may file a written petition with the Court to have an individual under 14 years of age who is or is believed to have an intellectual disability committed to a facility. The Court shall promptly conduct a hearing in accordance with the procedures set forth…

Any individual 14 years of age or older who is admitted to a facility shall have the right to immediate discharge from the facility upon written request to the Director of the facility.

Individuals committed pursuant to § 7-1303.04(b) or § 7-1303.06 shall be discharged if the parent or guardian who petitioned for the commitment requests the individual’s release in writing to the Court and the Court determines, based on consultation with the individual, his or he…

(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 i…

(a) The Director shall discharge any resident admitted or committed pursuant to this subchapter if, in the judgment of the Director, the results of a comprehensive evaluation, which shall be performed at least annually, indicate that residential care is no longer advisable. In th…

(a) A person with an intellectual disability, or the father, mother, spouse, or adult child of a person with an intellectual disability, who receives habilitation, care, or both from the District pursuant to this chapter, shall pay to the District the costs of habilitation, care,…

Except as provided in § 7-1303.12a, no person with an intellectual disability shall be committed to a facility under this chapter prior to the Court hearing required under this subchapter.

(a) In the case of an individual found incompetent in a criminal case, the District shall have no more than 30 days from the date on which the finding is made that the individual is incompetent and not likely to gain competence in the foreseeable future in which to file a petitio…

A determination by the Court under this subchapter that an individual 14 years of age or older is incompetent to refuse commitment shall not be relevant to a determination of the individual’s competency with respect to other matters not considered by the Court.

(a) The Department on Disability Services shall promulgate rules and regulations governing the provision of respite care for persons with intellectual disabilities. These shall provide that periods of respite care shall not exceed 42 days in a 12-month period without specific aut…

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 in…

Individuals whose admission to a facility under § 7-1303.02 has been questioned on grounds of their competency or the voluntariness of the admission, have the right to be represented by counsel, retained or appointed by the Court, in any proceeding held before the Court in accord…

(a) If a petition filed in accordance with § 7-1304.01 is not accompanied by a comprehensive evaluation report based on an evaluation which has been performed within 6 months prior to the hearing and an individual habilitation plan which has been prepared within 30 days of the fi…

If the respondent demonstrates that a comprehensive evaluation of a person with an intellectual disability failed to comply substantially with accepted professional standards and that sound professional judgment was not exercised in the performance of the evaluation, the court, u…

(a) The hearing in commitment proceedings shall be conducted promptly after filing of the petition pursuant to § 7-1303.04(a). (b) A status hearing shall be held promptly after filing of the petition pursuant to § 7-1303.04(b-1).

Except as provided in § 7-1304.06a, hearings shall be conducted in as informal a manner as may be consistent with orderly procedure. Individuals whose admission has been questioned or respondents have the right to be present during hearings and to testify, but shall not be compel…

(a) For a commitment hearing on a petition filed pursuant to § 7-1303.04(b-1), an individual found incompetent in a criminal case may demand a jury trial, and shall be so informed of this right. The demand shall be made at the status hearing held pursuant to § 7-1304.05(b). If a …

(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 pursuan…

Hearings shall be closed to the public unless the person with an intellectual disability, or his or her counsel, requests that a hearing be open to the public.

(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 …

Any commitment order of the Court may be appealed in a like manner as other civil actions.

(a) Any decision of the Court ordering commitment of a person with an intellectual disability to a facility pursuant to § 7-1304.09 shall be reviewed in a Court hearing annually. The individual with an intellectual disability shall be discharged unless there is a finding of the f…

Costs and expenses of all proceedings held under this chapter shall be paid as follows: (1) To expert witnesses designated by the Court, an amount determined by the Court; (2) To attorneys appointed under this chapter, fees as authorized under the Criminal Justice Act (§ 11-2601 …

(a) Persons with an intellectual disability who admit themselves to a facility under § 7-1303.02, and persons with an intellectual disability whose commitment is sought under § 7-1303.04 or § 7-1303.06, shall have the assistance of an advocate for a person with an intellectual di…

(a) To the extent that appropriated funds are available to carry out the purposes of this chapter, no District resident with an intellectual disability shall be denied habilitation, care, or both suited to the person’s needs regardless of the person’s age, degree of intellectual …

Individuals shall be provided with the least restrictive and most normal living conditions possible. Individuals with intellectual disabilities found incompetent in a criminal case shall be provided with the least restrictive and most normal living conditions possible consistent …

(a) Individuals shall have a right to the least restrictive conditions necessary and available to achieve the purposes of habilitation. To this end, the residential facility shall move individuals from: (1) More to less structured living; (2) Larger to smaller facilities; (3) Lar…

(a)(1) Prior to each individual’s commitment under this chapter, the individual shall receive, pursuant to § 7-1304.03, a comprehensive evaluation or screening and an individual habilitation plan. Within 30 days of an individual’s admission pursuant to § 7-1303.02, the individual…

(a) Subject to restrictions by a physician for good cause, each individual has the right to receive visitors of his or her own choosing daily. Hours during which visitors may be received shall be limited only in the interest of effective treatment and the reasonable efficiency of…

No psychosurgery, convulsive therapy, experimental treatment or behavior modifications program involving aversive stimuli or deprivation of rights set forth in this subchapter shall be administered to any resident.

(a) Except in accordance with the procedures described in subsections (b) and (c) of this section, in § 21-2212, or as otherwise provided by law, no DDS individual shall be given services pursuant to this chapter absent the individual’s informed consent. In seeking informed conse…

(a) The DDS Administrator shall establish an independent panel to review all proposals to administer psychotropic medications to individuals made pursuant to § 7-1305.06a(c)(2) and in accordance with the administrative procedures established by DDS in accordance with subchapter I…

(a) By April 15, 2009, the DDS shall complete a psychotropic medication review for all individuals served by DDS. (b) By October 17, 2008, the DDS shall establish written procedures, which shall include timelines and shall identify responsible entities or individuals, for promptl…

Repealed Repealed.

(a) It shall be the policy of the District government to ensure that all persons who become incapable of making or communicating health-care decisions for themselves have available health-care decision-makers. In addition, it shall be the policy of DDS to ensure that every indivi…

No individual served at a facility shall be sterilized by any employee of a facility or by any other person acting at the direction of, or under the authorization of, the Director or any other employee of a facility.

Individuals shall have a right not to be subjected to experimental research without the express and informed consent of the individual, or if the individual cannot give informed consent, of the individual’s parent or guardian. Such proposed research shall first have been reviewed…

(a) Mistreatment, neglect or abuse in any form of any individual shall be prohibited. The routine use of all forms of restraint shall be eliminated. Physical or chemical restraint shall be employed only when absolutely necessary to prevent an individual from seriously injuring hi…

(a) No individual shall be compelled to perform labor which involves the operation, support, or maintenance of the facility or for which the facility is under contract with an outside organization. Privileges or release from the facility shall not be conditional upon the performa…

(a) Complete records for each individual shall be maintained and shall be readily available to professional persons and to the staff workers who are directly involved with the particular individual and to the Department on Disability Services without divulging the identity of the…

(a) Any interested party shall have the right to initiate an action in the Court to compel the rights afforded persons with intellectual disabilities under this chapter. (b) Any individual shall have the right to a civil remedy in an amount not less than $25 per day from the Dire…