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04. Petition for commitment of individual 14 years of age or older filed by parent or guardian or by the District. (a) Repealed. (a-1)(1) Except as provided in subsection (b-1) of this section, no person shall be newly committed under this chapter on or after May 5, 2018. (2) For a person committed by written petition of a parent or guardian before May 5, 2018, the continued commitment of the person shall be governed by § 7-1304.11(a). (b) Repealed. (b-1) For a person found incompetent in a criminal case, a written petition by the District may be filed with the Court to have the person committed to a facility. Upon the filing of the petition, the Court shall promptly conduct a hearing in accordance with the procedures set forth in subchapter IV of this chapter. (c) The facility, its sponsoring agency, or the Department on Disability Services shall provide a written certification to the Court, before commitment to the facility is ordered, that the habilitation indicated by the individual habitation plan will be implemented. (Mar. 3, 1979, D.C. Law 2-137, § 304, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(e), 42 DCR 3684; Oct. 17, 2002, D.C.

litation indicated by the individual habitation plan will be implemented. (Mar. 3, 1979, D.C. Law 2-137, § 304, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(e), 42 DCR 3684; Oct. 17, 2002, D.C. Law 14-199, § 2(c), 49 DCR 7647; Mar. 14, 2007, D.C. Law 16-264, § 301(c), 54 DCR 818; Apr. 24, 2007, D.C. Law 16-305, § 26(f), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 17(h), 59 DCR 5567; May 5, 2018, D.C. Law 22-93, § 201(c)(5), 65 DCR 2823.) Prior Codifications 1981 Ed., § 6-1924. 1973 Ed., § 6-1657. Section References This section is referenced in § 7-1303.08, § 7-1303.12a, § 7-1304.03, § 7-1304.05, § 7-1304.06a, § 7-1304.07, § 7-1304.09, § 7-1304.11, and § 7-1304.13. Effect of Amendments D.C. Law 14-199, in the section heading, substituted 'guardian or by the District' for 'guardian'; in subsec. (b), substituted 'If, on a petition filed pursuant to subsection (a) of this section, the Court' for 'If the Court'; and added subsec. (b). D.C. Law 16-264, in subsecs. (b)(3) and (c), substituted 'Department on Disability Services' for 'Department of Human Services'. D.C. Law 16-305, in subsec. (a), substituted 'have mental retardation' for 'be mentally retarded'.

(b)(3) and (c), substituted 'Department on Disability Services' for 'Department of Human Services'. D.C. Law 16-305, in subsec. (a), substituted 'have mental retardation' for 'be mentally retarded'. The 2012 amendment by D.C. Law 19-169 substituted 'an intellectual disability' for 'mental retardation' in (a); and substituted 'the individual has at least a moderate intellectual disability' for 'the individual is at least moderately mentally retarded' in (b)(1). Applicability Section 401 of D.C. Law 22-93 provided that the amendments made to this section by Law 22-93 shall apply 90 days after May 5, 2018. Emergency Legislation For temporary amendment of section, see § 505(e) 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 (90 day) amendment of section, see § 2(c) 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(c) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C.

, June 12, 2002, 49 DCR 5701). For temporary (90 day) amendment of section, see § 2(c) 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). For temporary (90 day) amendment of section, see § 301(c) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155). Temporary Legislation For temporary (225 day) amendment of section, see § 505(e) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652). Editor's Notes Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.