Title 7, Human Health Care and Safety.

(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…

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

(a) In the case of a person 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 person is incompetent and not likely to gain competence in the foreseeable future in which to file a petition pursuan…

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

Proceedings for the commitment of a person found incompetent in a criminal case shall be commenced by the filing of a written petition by the District with the Court in a manner and form prescribed by the Court. A copy of the petition shall be served on the person, the person's c…

Persons who have been committed, or whose commitment is sought pursuant to § 7-1303.04(b-1), have the right to be represented by counsel, retained or appointed by the Court, in any proceeding held before the Court in accordance with this chapter, and they shall be informed by the…

(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…

(a) Repealed. (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. Persons who have been committed, or whose commitment is sought pursuant to § 7-1303.04(b-1), have the right to be present during hearings and to te…

(a) For a commitment hearing on a petition filed pursuant to § 7-1303.04(b-1), a person 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 timel…

(a) Repealed. (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 person whose commitment is sought is likely to cause injury to others as a result of an intellectual disability if allowed to rem…

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.

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

(a)(1) Any decision of the Court ordering commitment of a person with an intellectual disability, other than a decision of the Court ordering commitment of a person found incompetent in a criminal case to DDS pursuant to § 7-1304.06a, that was issued before May 5, 2018, shall be …

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 have been committed, and persons whose commitment is sought under § 7-1303.04(b-1), shall have the assistance of an advocate for a person with an intellectual disability in every proceeding and at each stage in such proceedings unde…

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

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

(a) Persons 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 persons from: (1) More to less structured living; (2) Larger to smaller facilities; (3) Larger to s…

(a)(1) Before each person's commitment under this chapter, the person shall receive, pursuant to § 7-1304.03, a comprehensive evaluation or screening and an individual habilitation plan. (2) All individual habilitation plans shall include: (A) Current information on whether the p…

(a) Subject to restrictions by a physician for good cause, each person 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 the…

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 person shall be given services pursuant to this chapter absent the person’s informed consent. In seeking informed consent, the …

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

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

(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 person…

No person 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.

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

(a) Mistreatment, neglect or abuse in any form of any person 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 a person from seriously injuring himself or …

(a) No person 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 performance …

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

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

(a) No person shall be deprived of any civil right, or public or private employment, solely by reason of his or her having received services, voluntarily or involuntarily, for an intellectual or developmental disability. (b) Any person who has been admitted or committed to a faci…

If a person is committed by the Court to DDS pursuant to this chapter or committed by the Court to the Department of Mental Health pursuant to subchapter IV of Chapter 5 of Title 21, or if a person is temporarily placed with DDS pursuant to § 7-1303.12a during the pendency of com…

Should any provision of this chapter be declared to be unconstitutional or beyond the statutory authority of the Council, the remaining provisions of this chapter shall remain in effect.

Individuals currently deemed eligible and receiving services under this subchapter shall not have their eligibility altered or impacted by the Developmental Disability Eligibility Reform Amendment Act of 2022 ([, passed on 2nd reading on March 1, 2022 (Enrolled version of Bill 24…

There is hereby authorized to be appropriated such District funds as may be necessary and available to implement the provisions of this chapter, including funds for the development, and the support, of community-based services for persons with intellectual or developmental disabi…

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this chapter.

Nothing herein shall be construed to extend or diminish the authority or responsibility of the D.C. Board of Education vested pursuant to Title 38 of the District of Columbia Official Code and applicable federal laws and regulations.

This chapter shall take effect pursuant to the provisions of § 1-206.02(c)(1). With respect to persons who are residents in facilities on the effective date of this chapter, the provisions of the chapter will take effect immediately, with the exception of the admission and commit…