1 TABLE OF CONTENTS Deleted: ¶

2 ¶
TITLE I. DEVELOPMENTAL
3 DEVELOPMENTAL DISABILITIES REFORM ACT OF 2009 DISABILITIES RIGHTS AND
4 SERVICES. 6¶
Sec. 101. Short title. 6¶
5 Sec. 102. Findings and purpose. 6¶
6 Sec. 103. Definitions. 7¶
Sec. 104. Rights. 13¶
7 Sec. 105. Rights of persons formerly
8 committed and former Forest Haven
residents. 15¶
9 Sec. 106. Eligibility. 15¶
10 Sec. 107. Advocate program. 17¶
Sec. 108. Legal services program. 20¶
11 Sec. 109. Support and service
12 planning. 21¶
Sec. 110. Support coordination. 22¶
13 Sec. 111. Supports and services. 24¶
14 Sec. 112. Family support services. 25¶
Sec. 113. Family Support Council. 26¶
15 Sec. 114. Waiting lists. 27¶
16 Sec. 115. Capacity and decision-making
supports; health-care decisions. 29¶
17 _______________________ __ Sec. 116. Independent panel for
18 Chairman Vincent C. Gray Councilmember Tommy Wells administration of psychotropic
medications. 30¶
19 Sec. 117. Complaints; requests for fair
20 hearings. 31¶
Sec. 118. Internal problem resolution
21 A BILL system; appeals of ineligibility. 32¶
22 Sec. 119. Petition for review of agency
action under this act. 34¶
23 _______ Sec. 120. Initiation of action to compel
24 rights; civil remedy; sovereign immunity
barred; defense to action; payment of
25 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA expenses. 35¶
26 Sec. 121. Deprivation of civil rights;
liability; immunity; exceptions. 35¶
27 ______________ Sec. 122. Records. 35¶
28 Sec. 123. Quality standards and
monitoring. 36¶
29 Sec. 124. Reporting and investigation of
30 Chairman Vincent C. Gray introduced the following bill, which was referred to the Committee abuse, neglect, and exploitation. 37¶
Sec. 125. Checks of criminal
31 on _______________. background, abuse and neglect registries,
32 and traffic record. 38¶
Sec. 126. Registry of former employees
33 To identify findings and the intent of the Council regarding District residents with developmental terminated because of substantiated acts
34 disabilities and their families; to establish the rights of District residents with of abuse or neglect and convictions. 42¶
Sec. 127. Services for persons found
35 developmental disabilities; to establish eligibility determination processes and procedures incompetent in a criminal case. 43¶
36 at the Department on Disability Services, Developmental Disabilities Administration and Sec. 128. Court-appointed advocates for
persons found incompetent in a criminal
37 to change eligibility criteria over a 3-year period from a diagnosis of intellectual case. 46¶
38 disability to a diagnosis of developmental disability; to establish a program to provide Sec. 129. Legislative review and
reporting. 48¶
39 advocates to adults who are eligible for services at the Department on Disability Services, Sec. 130. Plain language required; plans
40 Developmental Disabilities Administration; to establish requirements for support and and reports to be made available to the
public. 50¶
41 service planning at the Department on Disability Services, Developmental Disabilities Sec. 131. Rulemaking. 50¶
42 Administration; to identify the duties of support coordinators at the Department on Sec. 132. Comprehensive Developmental
Disabilities Services Task Force. 50¶
43 Disability Services, Developmental Disabilities Administration; to require a Sec. 133. Comprehensive Developmental... [1]
44 comprehensive, coordinated system of supports at services for persons with Deleted: to establish a program to
45 developmental disabilities at the Department on Disability Services, Developmental provide legal services to adults who are
eligible for services at the Department on
46 Disabilities Administration; to require a comprehensive, coordinated system of family Disability Services, Developmental
Disabilities Administration;

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 1 support services at the Department on Disability Services, Developmental Disabilities
2 Administration; to establish a Family Support Council to assist the Department on
3 Disability Services, Developmental Disabilities Administration in providing a
4 comprehensive, coordinated system of family support services; to clarify that adults with
5 developmental disabilities shall be presumed capable of making decisions and to identify
6 the circumstances in which a provider or the Department on Disability Services,
7 Developmental Disabilities Administration may seek the provision of substituted consent;
8 to identify the circumstances in which the Department on Disability Services may
9 establish a waiting list for services at the Developmental Disabilities Administration and
10 to require the Department on Disability Services to report on the waiting list on a
11 quarterly and annual basis; to establish an independent panel to grant, refuse, or withhold
12 consent for administration of psychotropic medications to persons who have been
13 certified as incapacitated to consent to the psychotropic medication and who lack a
14 substituted decision-maker listed in D.C. Official Code § 21-2210(a); to identify general
15 procedures for complaints and requests for hearings under this act and to prohibit
16 retaliation against a person who files a complaint or requests a hearing; to establish a
17 system to resolve complaints against the Department on Disability Services,
18 Developmental Disabilities Administration operated by a problem resolution office
19 within the Department on Disability Services; to provide a process for petition for review
20 of agency action under this act by the Family Court of the Superior Court; to provide the
21 right to initiate action in the Superior Court to compel the rights afforded to persons
22 under this act and to provide the right to a civil remedy; to prohibit deprivation of civil
23 rights on the basis of receipt of services under this act and to establish liability, immunity
24 and exceptions for violations of rights or privileges protected by this act; to require the
25 Department on Disability Services, Developmental Disabilities Administration to
26 maintain records on all persons found eligible for services under this act, to permit
27 sharing of records in certain circumstances and to prohibit unauthorized release of
28 records; to require the Department on Disability Services, Developmental Disabilities
29 Administration to develop and implement a comprehensive quality management and
30 improvement system; to require mandatory reporting of suspected abuse, neglect, and
31 exploitation and to authorize the Department on Disability Services, Developmental
32 Disabilities Administration to investigate reports of alleged abuse, neglect, self-neglect,
33 and exploitation of persons who have been found eligible for services under this act; to
34 require checks of criminal background, abuse and neglect registries, and traffic records
35 for certain employees and certain unsupervised volunteers at the Department on Deleted: all
36 Disability Services, Developmental Disabilities Administration, providers, and the Deleted: all
37 advocate program, and to prohibit any person with one of a list of felony convictions
38 from working on a paid or unpaid basis at the Department on Disability Services,
39 Developmental Disabilities Administration, providers, and the advocate program; to
40 establish a registry of former employees terminated by the Department on Disability
41 Services, Developmental Disabilities Administration, providers, and the advocate
42 program because of substantiated acts of abuse or neglect and convictions; to authorize
43 the commitment of and services for persons who have been found incompetent to stand
44 trial in a criminal case due to intellectual disability; to require the Superior Court to
45 provide advocates for persons who have been found incompetent to stand trial in a
46 criminal case due to intellectual disability and are undergoing or have been committed to

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 1 the care of the Department on Disability Services; to require the Mayor to submit to the
2 Council an annual report on all activities carried out under this act, to conduct a 10-year
3 review of this act, to authorize the Director of the Department on Disability Services to Deleted: and to produce quarterly
reports until October 2010 on all
4 issue rules as necessary to implement the provisions of this act; to establish a substituted consent activities under this
5 Comprehensive Developmental Disability Services Task Force to advise the Department act;
6 on Disability Services on policies, programs, services, and priorities for meeting the Deleted: develop a comprehensive plan
7 current and future community living needs of residents with developmental disabilities for the District to

8 and their families; to require the DDS to publish a Comprehensive Developmental Deleted: Comprehensive
Developmental Disability Services Task
9 Disability Services Plan by 24 months after the effective date of this act; to repeal the Force
10 Mentally Retarded Citizens Constitutional Rights and Dignity Act of 1978; to identify the Deleted: 9
11 intent of the Council to provide for a 24-month transition period after the effective date of
Deleted: and to assist the Director of
12 this act; to establish a 24-month transition period during which persons will continue to the Department on Disability Services to
13 be committed to the care of the Department on Disability Services; to prohibit new develop implementing regulations

14 commitments during the transition period and to require the continued commitment of Deleted: 36
15 persons found incompetent to stand trial in a criminal case; to require the Superior Court Deleted: 36
16 and the District to work collaboratively to plan for termination of the 24-month transition Deleted: and which will only end if the
17 period and to require the District to prepare a work plan for termination of the transition District meets certain benchmarks

18 period and conduct a survey to determine the level of need for advocates after the Deleted: 3-year
19 transition period ends; to provide that the commitment of persons to the care of the Deleted: and attorneys
20 Department on Disability Services shall end 24 months after the effective date of this act; Deleted: 3
21 to establish rights for persons who are committed during the transition period; to provide Deleted: years
22 that support planning during the transition period will be conducted in accordance with Deleted: only if the Mayor certifies
23 Title I; to provide a process for residential transfer of persons who are committed during that the District has completed the work
plan, completed the survey, adequately
24 the transition period; to provide a process for persons to request termination of his or her funded for advocates and legal services,
25 commitment during the transition period; to require an annual hearing by the Superior and implemented the internal problem
resolution system required under Title I
26 Court to review each person’s commitment during the transition period; to establish and the Council does not disapprove the
27 procedures for Superior Court hearings under this act during the transition period; to Mayor’s certification and plan
28 require the Superior Court to provide advocates to all persons who are committed to the
29 care of the Department on Disability Services during the transition period; to transfer the
30 functions of the advocate program upon termination of the transition period and to Deleted: ,
31 require the Department on Disability Services to offer any displaced Court employee a
32 right of first refusal by the advocate program established in Title I; to repeal Title I within Deleted: , and to allow the legal
services program established in Title I to
33 6 months after the completion of the transition period; to amend the Department on employ attorneys who were formerly
34 Disability Services Establishment Act to establish the Developmental Disabilities appointed by the Court to represent
persons who were committed to the care
35 Administration and the Rehabilitation Services Administration within the Department on of the Department on Disability Services
36 Disability Services, to authorize the Department on Disability Services to identify and
37 enforce violations of certain sections of Title I, to authorize the Department on Disability
38 Services to make grants and provide one-time cash assistance, and to require the
39 Department on Disability Services by delegation from the Mayor to enter into interstate
40 agreements or compacts to permit checking registries of abuse and neglect maintained by
41 states; to identify the Department on Disability Services, Developmental Disabilities
42 Administration as the lead agency for supports and services for persons with
43 developmental disabilities and their families and to require interagency agreements to
44 facilitate interagency coordination; to amend the People First Respectful Language
45 Modernization Act of 2006 to prohibit use of the term “mental retardation” in all District
46 laws, regulations, and publications and to clarify that where the District previously used

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 1 the term “mental retardation” it shall use the term “intellectual disability”; to amend the Deleted: to require the Mayor to
2 Office of Administrative Hearings Establishment Act of 2001 to add the Department on designate the Department on Disability
Services, Developmental Disabilities
3 Disability Services to the list of agencies for which the Office of Administrative Hearings Administration to investigate reports of
4 adjudicates cases; to amend the Adult Protective Services Act of 1984 to require alleged abuse, neglect, self-neglect, and
exploitation of persons who have been
5 employees of the Department on Disability Services, Developmental Disabilities found eligible for Developmental
6 Administration and providers to report suspected abuse, neglect, and exploitation, and to Disabilities Administration services,
7 require that petitions for guardians filed under this act will be least restrictive to personal Deleted: Sec. 102. Findings and
purpose.¶
8 liberty; to amend Chapter 20 of Title 21 to define “substituted judgment” as taking into (a) The Council finds that:¶
9 account the expressed wishes of the person, to remove references to commitment under (1) District residents with developmental
disabilities have all the civil and legal
10 the Mentally Retarded Citizens Constitutional Rights and Dignity Act of 1978, and to rights enjoyed by all other residents of the
11 permit the Department on Disability Services to petition for removal of a guardian for a District and the United States;¶
(2) For 30 years, the Mentally Retarded
12 person who is receiving services from the agency; to amend the Incompetent Defendants Citizens Constitutional Rights and
13 Criminal Commitment Act of 2004 to make conforming amendments; to amend the State Dignity Act of 1978, effective March 3,
1979 (D.C. Law 2-137; D.C. Official
14 Education Office Establishment Act of 2000 to require the State Education Office to Code § 7-1301.02 et seq.) has required
15 promote coordination between public, public charter schools, and agencies that provide the voluntary admission or involuntary
commitment of persons with
16 supports and services for children and youth with disabilities; to repeal Subtitle H of the developmental disabilities to residential
17 Fiscal Year 2010 Budget Support Act of 2009 (2nd engrossed version). facilities through the Superior Court.
However, this process no longer reflects
18 the structure of the District’s service
19 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That system, the requirements under federal
laws and programs, state and national
20 this act may be cited as the “Developmental Disabilities Reform Act of 2009”. best practices, and contemporary
21 knowledge of the rights, abilities, and
preferences of persons with
22 TITLE I. DEVELOPMENTAL DISABILITIES RIGHTS AND SERVICES. developmental disabilities;¶
23 (3) All District residents benefit when
persons with developmental disabilities
24 Sec. 101. Short title. live with independence and dignity in the
25 This act may be cited as the “Developmental Disabilities Rights and Services Act of most inclusive and most integrated
community setting possible and have the
26 2009”. freedom and opportunity to fully
27 participate in the cultural, economic,
educational, political, and social fabric of
28 their communities;¶
29 Sec. 103. Definitions. (4) Residents with developmental
disabilities are effective advocates who
30 For the purposes of this act: speak up on their own behalf and should
31 (1) “Abuse” has the same meaning as in section 2 of the Adult Protective Services Act of be engaged as active partners by District
government, service providers, and
32 1984, effective March 14, 1985 (D.C. Law 5-156; D.C Official Code § 7-1901). community members;¶
33 (2) “Administrative Procedure Act” or “APA” means Chapter 5 of Title 2. (5) Residents with developmental
disabilities are best able to determine
34 (3) “Advanced practice registered nurse” includes a nurse-practitioner or a clinical nurse their own needs and should be afforded
35 specialist, licensed pursuant to D.C. Official Code § 3-1202.04 and Chapter 59 or Chapter 60 of all the information, opportunities,
support, and reasonable accommodations
36 Title 17 of the District of Columbia Municipal Regulations, who has been certified as a specialist required to make meaningful choices
37 in psychiatry and mental health. about where they live, work, and play
and, to the greatest extent possible, to
38 (4) “Advocate” means a member of the group of advocates appointed by the advocate control the design and delivery of their
39 program pursuant to section 107 or by the Superior Court pursuant to section 128. services; ¶
(6) Residents with developmental
40 (5) “Behavior support plan” means a written plan that, at a minimum: disabilities are capable of making and
41 (A) Identifies challenging or problematic behavior; verbally, nonverbally, and behaviorally
communicating decisions about their
42 (B) States the working hypothesis about the cause of the person’s behavior and personal care, health care, legal matters,
43 uses the working hypothesis as the basis for the selected intervention; financial affairs, business, assets, and all
other aspects of their lives; and¶
44 (C) Identifies strategies to teach or encourage the person to adopt adaptive (7) Families, by far, provide the greatest
45 behavior as an alternative to the challenging or problematic behavior; quantity and, in many instances, quality
of services and support for their family
members with developmental disabilities.¶
(b) The Council therefore declares that... [2]

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 1 (D) Considers the potential for environmental or programmatic changes that
2 could have a positive impact on challenging or problematic behaviors; and
3 (E) Addresses the person’s need for additional technological or supervisory
4 assistance to adapt or cope with day to day activities.
5 (6) “Best interests” means promoting personal well-being by assessing:
6 (A) The reason for the proposed action, its risks and benefits, and any alternatives
7 considered and rejected; and
8 (B) The least intrusive, least restrictive, and most normalizing course of action
9 possible to provide for the needs of the person.
10 (7) “Capacity” means the ability, with support, to make and carry out a decision by
11 means of mental ability, behavior, or both regarding the situation or subject matter involved.
12 (8) “Cause injury to others as a result of the person’s intellectual disability” means cause
13 injury to others as a result of deficits in adaptive functioning associated with intellectual
14 disability.
15 (9) “CFSA” means the Child and Family Services Agency established by § 4-1303.01a.
16 (10) “Civil commitment” means the commitment to the care of the DDS, pursuant to a
17 court order, of a person found incompetent in a criminal case at the request of the District.
18 (11) “Complaint” means a description of a person’s dissatisfaction with his or her
19 supports and services, including denials of supports and services, delays in supports and services,
20 failures to provide supports and services, or violations or limitations of rights of the person
21 involving programs, personnel, supports, or services.
22 (12) “Comprehensive assessment” means the comprehensive assessment conducted in Deleted: screening
23 accordance with section 109. Deleted: screening
24 (13) “Court” means the Superior Court of the District of Columbia. Deleted: 6
25 (14) “Crime of violence” has the same meaning as in § 23-1331(4).
26 (15) “Criminal background check” means the investigation of an individual’s criminal
27 history through the record systems of the Federal Bureau of Investigation and the Metropolitan
28 Police Department.
29 (16) “DCPS” means the District of Columbia Public Schools.
30 (17) “DDA” means the Developmental Disabilities Administration, or the successor
31 administration providing supports and services under this act within the Department on Deleted: of
32 Disability Services.
33 (18) “DDS” means the Department on Disability Services established by the Department
34 on Disability Services Establishment Act of 2006, effective March 14, 2007 (D.C. Law 16-264;
35 D.C. Official Code § 7-761.01 et seq.).
36 (19) “Developmental Disabilities State Planning Council” means the District of
37 Columbia Developmental Disabilities State Planning Council, established by Mayor’s Order 98-
38 7, issued on January 21, 1998 (45 DCR 882).
39 (20) (A) “Developmental disability” means, in general, a severe chronic disability of a
40 person that:
41 (1) Is attributable to a physical or mental impairment, other than the sole
42 diagnosis of mental illness, or to a combination of mental and physical impairments;
43 (2) Is manifested before the person attains the age of 22;
44 (3) Is likely to continue indefinitely;
45 (4) Results in substantial functional limitations in 3 or more of the
46 following areas of major life activity:

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 1 (i) Self-care;
2 (ii) Receptive and expressive language;
3 (iii) Learning;
4 (iv) Mobility;
5 (v) Self-direction;
6 (vi) Capacity for independent living; and
7 (vii) Economic self-sufficiency; and
8 (5) Reflects the person’s need for a combination and sequence of special,
9 interdisciplinary, or generic services, individualized supports, or other forms of assistance that
10 are of lifelong or extended duration and are individually planned and coordinated.
11 (B) A person from birth to age 9, inclusive, who has a substantial developmental
12 delay or specific congenital or acquired condition, may be considered to have a developmental
13 disability without meeting 3 or more of the criteria described in clauses (1) through (5) of
14 subparagraph (A) of this paragraph if the person, without supports and services, has a high
15 probability of meeting those criteria later in life.
16 (21) “DHCF” means the Department of Health Care Finance established by the
17 Department of Health Care Finance Establishment Act of 2007, effective February 27, 2008
18 (D.C. Law 17-109; D.C Official Code § 7-771.01 et seq.), and responsible for administering the
19 District’s Medical Assistance Program.
20 (22) “DHS” means the Department of Human Services.
21 (23) “DMH” means the Department of Mental Health established by the Department of
22 Mental Health Establishment Amendment Act of 2001, effective December 18, 2001 (D.C. Law
23 14-56; D.C. Official Code § 7-1131.01 et seq.).
24 (24) “DOH” means the Department of Health.
25 (25) “DSM-IV-TR” means the most recent version of the Diagnostic and Statistical
26 Manual of Mental Disorders.
27 (26) “DSM-IV-TR ‘V’ Codes” means “V” codes as defined in the most recent version of
28 the Diagnostic and Statistical Manual of Mental Disorders.
29 (27) “DYRS” means the Department of Youth Rehabilitation Services established by the
30 Department of Youth Rehabilitation Services Establishment Act of 2004, effective April 12,
31 2005 (D.C. Law 15-335; D.C. Official Code § 2-1515.01 et seq.).
32 (28) “Employee” means an individual who is employed on a full-time, part-time,
33 temporary, or contractual basis by the DDA, a provider, or the advocate program established by
34 section 107.
35 (29) “Exploitation” has the same meaning as in section 2 of the Adult Protective
36 Services Act of 1984, effective March 14, 1985 (D.C. Law 5-156; D.C Official Code § 7-1901).
37 (30) “Family” means:
38 (A) A group of individuals that:
39 (1) Is related by blood, marriage, domestic partnership, adoption, or legal
40 custody; or
41 (2) Considers themselves a family based upon bonds of affection, which,
42 for the purposes of this act, means enduring ties that do not solely depend upon the existence of
43 an economic relationship; or
44 (B) Any other family unit as the DDS may define in rules.

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 1 (31) “Family support services” means services, resources, and other forms of assistance
2 that help families to support their members who have developmental disabilities to live in the
3 family home or to maintain family unity.
4 (32) “FBI” means the Federal Bureau of Investigation.
5 (33) “Forest Haven” means the institution established by § 44-1401 and designated
6 “Forest Haven” by § 44-1402.
7 (34) “Human Rights Advisory Committee” or “HRAC” means the committee of the
8 DDA which provides guidance and oversight regarding matters pertaining to the human rights of
9 persons receiving supports and services and reviews allegations of human rights violations, or its
10 successor entity.
11 (35) “ICD-10-CM” means the most recent version of the International Classification of
12 Diseases Code Manual.
13 (36) “Individual support plan” or “ISP” means a document that identifies and authorizes
14 the supports and services to comprehensively meet the person’s assessed needs in accordance
15 with the person’s expressed preferences, goals, and decisions concerning his or her life in the
16 community.
17 (37) “Intellectual disability” or “persons with intellectual disability” means a substantial
18 limitation in capacity that manifests before 18 years of age and is characterized by significantly
19 subaverage intellectual functioning, existing concurrently with 2 or more significant limitations
20 in adaptive functioning.
21 (38) “Interagency Coordinating Council” means the council established by section 503
22 of the Early Intervention Program Establishment Act of 2004, effective April 13, 2005 (D.C.
23 Law 15-353; D.C. Official Code § 7-863.03).
24 (39) “Job applicant” means an individual who has filed a written application for
25 employment with the DDA, a provider, or the advocate program established by section 107.
26 (40) “Medical Assistance Program” and “Medicaid Program” mean the program
27 described in the Medicaid State Plan and administered by the Department of Health Care Finance
28 pursuant to § 1-307.02(b), and Title XIX of the Social Security Act, approved July 30, 1965 (79
29 Stat. 343; 42 U.S.C. § 1396 et seq.).
30 (41) “Mental illness” means a diagnosable mental, behavioral, or emotional disorder
31 (including those of biological etiology) which substantially impairs the mental health of the
32 person or is of sufficient duration to meet diagnostic criteria specified within the DSM-IV-TR or
33 its ICD-10-CM equivalent (and subsequent revisions) with the exception of DSM-IV-TR “V”
34 codes, substance abuse disorders, developmental disorders, or seizure disorders, unless those
35 exceptions co-occur with another diagnosable mental illness.
36 (42) “Minor” means a person under 18 years of age, but does not include a person who is
37 an emancipated minor or who is married.
38 (43) “Most integrated setting” means a setting that enables persons with disabilities to
39 interact with persons without disabilities to the fullest extent possible.
40 (44) “MPD” means the Metropolitan Police Department.
41 (45) “Neglect” has the same meaning as in section 2 of the Adult Protective Services Act
42 of 1984, effective March 14, 1985 (D.C. Law 5-156; D.C Official Code § 7-1901).
43 (46) “Nurse Aide Abuse Registry” means a record, maintained by the District in
44 accordance with section 4211 of the Omnibus Budget Reconciliation Act of 1987, approved
45 December 22, 1987 (101 Stat. 1330-182; 42 U.S.C.S. § 1396r), and 29 DCMR § 3250-3254,

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 1 containing names of individuals who worked as nurse aides and were determined to have abused
2 or neglected, or misappropriated the property of, a nursing home resident.
3 (47) “ODR” means the Office of Disability Rights established by the Disability Rights
4 Protection Act of 2006, effective March 8, 2007 (D.C. Law 16-239; D.C. Official Code § 2-
5 1431.01 et seq.).
6 (48) “Office on Aging” means the Office on Aging established by section 301 of the
7 District of Columbia Act on the Aging, effective October 29, 1975 (D.C. Law 1-24; D.C.
8 Official Code § 7-503.01).
9 (49) “OHR” means the Office of Human Rights established by the Service Improvement
10 and Fiscal Year 2000 Budget Support Act of 1999, effective October 20, 1999 (D.C. Law 13-38;
11 D.C. Official Code § 2-1411.01).
12 (50) “Parent” means:
13 (A) A person’s natural, adoptive, or foster parent; or
14 (B) With respect to a minor, an individual acting in the place of a natural or
15 adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives,
16 or an individual who is legally responsible for the child's welfare.
17 (51) “Person found incompetent in a criminal case” means a person who:
18 (A) Has at least moderate intellectual disability as defined in the DSM-IV-TR;
19 (B) Is charged with a crime of violence or sex offense;
20 (C) Has been found incompetent to stand trial, or to participate in sentencing or
21 transfer proceedings; and
22 (D) Has been found not likely to gain competence in the foreseeable future.
23 (52) “Physical restraint” means any mechanical device, material, or equipment attached
24 or adjacent to a person’s body, or any manual method that the person cannot easily remove and
25 that restricts the person’s freedom of movement or normal access to his or her body.
26 (53) “Prone restraint” means any physical or mechanical restraint that places the person
27 in a face-down position.
28 (54) “Protection and advocacy agency” means the designated state protection and
29 advocacy agency for the District established by the Developmental Disabilities Assistance and
30 Bill of Rights Act of 2000, approved October 30, 2000 (114 Stat. 1712; 42 U.S.C. § 15041 et
31 seq.).
32 (55) “Provider” means an individual or entity that:
33 (A) Is duly licensed or certified to provide supports and services; or
34 (B) Has entered into an agreement with the DDA to provide supports and
35 services.
36 (56) “Psychotropic medication” means a medication prescribed for the treatment of
37 symptoms of mental or emotional disorders or to influence and modify behavior, cognition, or
38 affective state. The term “psychotropic medication” includes the following categories of
39 medications:
40 (A) Antipsychotics or neuroleptics;
41 (B) Antidepressants;
42 (C) Agents for control of mania or depression;
43 (D) Antianxiety agents;
44 (E) Sedatives, hypnotics, or other sleep-promoting drugs; and
45 (F) Psychomotor stimulants.

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 1 (57) “Resident of the District of Columbia” means a person who maintains his or her
2 principal place of abode in the District, including a person who would be a resident of the
3 District of Columbia if the person had not been placed in an out-of-state setting by the District. A
4 person with a developmental disability who is under 21 years of age shall be deemed to be a
5 resident of the District of Columbia if the custodial parent of the person is a resident of the
6 District of Columbia.
7 (58) “Respite services” means temporary supports and services provided to a person who
8 has been found eligible for supports and services under this act, upon application of the person,
9 the person’s parent, the person’s guardian, or a family member of the person, for the temporary
10 relief of such parent, guardian, or family member, who normally provides for supports and
11 services for the person or for the temporary relief of the person.
12 (59) “Respondent” means the person whose civil commitment or continued civil
13 commitment is being sought in any proceeding under this act.
14 (60) “Restraint” means either a physical restraint or a drug that is being used as a
15 restraint.
16 (61) “Restrictive procedure” means a practice that:
17 (A) Limits a person’s movement or ability to function;
18 (B) Interferes with a person’s ability to acquire a desired outcome, object, or
19 activity;
20 (C) Results in the loss of an outcome, object, or activity that a person values; or
21 (D) Requires a person to engage in a behavior that the person would not engage
22 in if given freedom of choice.
23 (62) “Seclusion” means any involuntary confinement of a person alone in a room or an
24 area from which the person is either physically prevented from leaving or from which the person
25 is led to believe he or she cannot leave at will.
26 (63) “Sex offenses” means offenses in Chapter 30 of Title 22, but does not include any
27 offense described in § 22-4016(b).
28 (64) “State Advisory Panel on Special Education” means the State Advisory Panel on
29 Special Education for the District of Columbia, established by Mayor's Order 2007-246, issued
30 on November 13, 2007 (55 DCR 187).
31 (65) “Substituted judgment” means making a decision that conforms as closely as
32 possible with the expressed wishes of the person or with the decision that the person would have
33 made, based upon knowledge of the beliefs, values, and preferences of the person.
34 (66) “Support coordination” means a set of activities that provides a person, and the
35 person’s family where appropriate, with continuous access to assistance as needed to:
36 (A) Plan, obtain, and coordinate supports and services;
37 (B) Review and monitor the delivery of supports and services; and
38 (C) Promptly address issues encountered by the person in community living.
39 (67) “Support coordinator” means an individual designated by the DDA to provide
40 support coordination.
41 (68) “Supports and services” means all supports and services provided, funded,
42 regulated, or coordinated by the DDA for the purpose of meeting the needs of persons with
43 developmental disabilities and their families and helping persons with developmental disabilities
44 achieve the most independent, productive, and typical lives possible.

9
 1 (69) “Transfer proceedings” means the proceedings pursuant to § 16-2307 to transfer an
2 individual less than 18 years of age from Family Court to Criminal Court in the Superior Court
3 of the District of Columbia to face adult criminal charges.
4 (70) “University Center for Excellence in Developmental Disabilities” or “UCEDD”
5 means the designated state university center for excellence in developmental disabilities
6 education, research, and service for the District established by the Developmental Disabilities
7 Assistance and Bill of Rights Act of 2000, approved October 30, 2000 (114 Stat. 1719; 42 U.S.C.
8 § 15061 et seq.).
9 (71) “Unsupervised” means an employee or volunteer who is not under the direct
10 supervision, at all times, of an employee or a volunteer who has received a current, satisfactory
11 criminal background check.
12 (72) “Volunteer” means an individual who works without any monetary or any other
13 financial compensation for the DDA, a provider, or the advocate program established by section
14 107.
15 (73) “Volunteer applicant” means an individual who has made an affirmative effort
16 through a written application or a verbal request to serve in a volunteer position with the DDA, a
17 provider, or the advocate program established by section 107.
18
19 Sec. 104. Rights.
20 (a) Persons with developmental disabilities shall be presumed to have legal capacity and
21 shall have all the civil and legal rights guaranteed all other persons by the Constitution and laws
22 of the United States and of the District.
23 (b) A person who has been found eligible for supports and services under this act shall
24 have rights including the following:
25 (1) A right to receive supports and services in the least restrictive, most inclusive
26 and most integrated setting. Supports and services shall be directed toward the achievement of
27 the most independent, productive, and typical lives possible;
28 (2) A right to personal liberty, dignity, respect, and privacy;
29 (3) A right to be free from abuse, neglect, and exploitation;
30 (4) A right to receive supports and services promptly;
31 (5) A right to exercise control and choice over personal living arrangements,
32 relationships with people in the community, education, employment, leisure, recreation, the
33 pursuit of a personal future, the selection of a support coordinator, the selection and
34 implementation of supports and services, and all other aspects of daily life;
35 (6) A right to all information, opportunities, supports, and reasonable
36 accommodations needed to exercise control and to freely make and express choices through
37 verbal, nonverbal, and behavioral means;
38 (7) A right to receive information in writing and in any other method or language
39 needed to maximize the person’s understanding and communication;
40 (8) A right to access all information obtained and records prepared by the DDS or
41 a provider that relate to the person, including records prepared in the course of determining
42 eligibility, providing supports and services, conducting quality reviews, and addressing
43 grievances; and
44 (9) A right to voice complaints, concerns, and suggestions without interference or
45 fear of reprisal.

10
 1 (c) The right of persons who have been found eligible for supports and services under
2 this act to exercise choice and control in their own lives requires that all public and private
3 agencies receiving District funds for the purpose of serving persons with developmental
4 disabilities shall:
5 (1) Respect the choices made by the person;
6 (2) Afford the person all information, opportunities, supports, and reasonable
7 accommodations needed to freely make and express choices and exercise control in all aspect of
8 daily life;
9 (3) Communicate with the person in writing and in any other method or language
10 needed to maximize the person’s understanding and communication;
11 (4) Insure that the person can voice complaints, concerns, and suggestions
12 without interference or fear of reprisal;
13 (5) Seek to resolve complaints and concerns in a timely fashion; and
14 (6) Provide and require that all employees complete initial and annual training on
15 the rights of persons with developmental disabilities.
16 (d) All public and private agencies receiving District funds for the purpose of serving
17 persons with developmental disabilities shall provide the person who is receiving supports or
18 services with information regarding:
19 (1) The person’s rights under this act, including grievance rights and contact
20 information for the advocate program established by section 107, the problem resolution office Deleted: the legal services program
established by section 108,
21 established by section 118, the protection and advocacy agency, any external advocacy agency
22 designated by the DDA, and the abuse and neglect hotline; and
23 (2) Supports and services provided by the DDA.
24 (e) Unless a person consents or unless exigent circumstances exist, the District shall not
25 change the provider, type, frequency, or location of any support or service without providing
26 advance notice and the opportunity to request a fair hearing, file a complaint pursuant to section
27 118, or request a review of agency action pursuant to section 119. The District must prove by
28 clear and convincing evidence that such a change is appropriate and in the best interests of the
29 person.
30 (f) The following procedures are prohibited:
31 (1) Any procedure that is used as a means of coercion, discipline, or retaliation,
32 or that is used solely for the convenience of staff;
33 (2) Any restrictive procedure for managing or changing behavior that is not part
34 of a behavior support plan;
35 (3) Deliberate infliction of pain;
36 (4) Denial of food or liquids that are a part of the person’s nutritionally adequate
37 diet;
38 (5) Behavioral treatment strategies that are not supported by empirical evidence
39 or that cause undue pain, trauma, or deprivation of rights;
40 (6) Forced exercise;
41 (7) Noxious, painful, or aversive stimuli used to manage or change behavior;
42 (8) Standing orders and as-needed orders for psychotropic medications;
43 (9) Prone restraint, standing orders for restraint, and physical management
44 strategies not included as part of a District-approved physical management approach; and
45 (10) Seclusion.

11
 1 (g) The DDS shall identify and take appropriate enforcement action regarding violations
2 of subsections (c), (d), and (f) of this section.
3 (h) In accordance with the District of Columbia Administrative Procedure Act, approved
4 October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), the Director of the DDS
5 shall issue regulations to implement this section, which shall include:
6 (1) Definitions, standards, and procedures to implement subsections (e) and (f) of
7 this section; and
8 (2) Standards for restrictive procedures, in accordance with best practices. Deleted: and recommendations by the
Council on Quality Leadership
9
10 Sec. 105. Rights of persons formerly committed and former Forest Haven residents.
11 (a) No person who prior to the effective date of this act was committed to a facility
12 pursuant to the Mentally Retarded Citizens Constitutional Rights and Dignity Act of 1978,
13 effective March 3, 1979 (D.C. Law 2-137; D.C. Official Code § 7-1301.01 et seq.) shall be
14 denied supports and services suited to the person’s needs, regardless of the person’s age or the
15 degree or type of the person’s disability. The DDA shall provide such a person with supports and
16 services that will maximize the person’s human abilities, enhance the person’s ability to cope
17 with the person’s environment, and create a reasonable opportunity for progress toward the goal
18 of independent living.
19 (b) No person who is a former resident of Forest Haven shall be denied supports and
20 services suited to the person’s needs, regardless of the person’s age or the degree or type of the
21 person’s disability. The DDA shall provide such a person with supports and services that will
22 maximize the person’s human abilities, enhance the person’s ability to cope with the person’s
23 environment, and create a reasonable opportunity for progress toward the goal of independent
24 living.
25
26 Sec. XXX. Rights subject to availability of appropriated funds and availability of Formatted: Normal, Indent: First
line: 0.5"
27 supports and services under Comprehensive Developmental Disabilities Services Plan;
28 contribution to cost of care.
29
30 (c) Notwithstanding any other provision of this act, the rights of District residents with
31 intellectual and other developmental disabilities to supports and services suited to the person’s
32 needs, regardless of the person’s age or the degree or type of the person’s disability, are subject
33 to the availability of appropriated funds to carry out the purposes of this act and the availability
34 of such supports and services in accordance with the Comprehensive Developmental Disabilities
35 Services Plan under section 133 of this act.
36
37 (d) A person with an intellectual or developmental disability, the estate of a person with Formatted: Normal, Indent: First
line: 0.5"
38 an intellectual or developmental disability, or the father or mother of a minor child with an
39 intellectual or developmental disability, who receives supports and services from the DDS
40 pursuant to this act, shall participate in the cost of such supports and services and pay to the DDS
41 such costs, to the extent determined able to make such payments. The Mayor may examine,
42 under oath, the person, the executor of the estate, or the mother or father of a minor child to
43 ascertain the ability to pay the full costs or contribution to the costs of supports and services of
44 the person with an intellectual or developmental disability. The Mayor may seek to enforce this
45 provision by filing a civil action in the Superior Court.
46

12
 1 Sec. 106. Eligibility.
2 (a) A request for the DDA to determine eligibility for supports and services shall be
3 made by the person, who may be accompanied and supported in making the request by any
4 individual that the person chooses. For a minor, the request for eligibility determination may be
5 initiated by a parent or guardian. A request for eligibility determination is not:
6 (1) A health-care decision subject to Chapter 22 of Title 21; or
7 (2) A decision that requires an adult person to be represented by a guardian,
8 advocate, family member, counsel, or other representative. Deleted: comprehensive screening
9 (b) For a period of 12 months after the effective date of this act, a person shall be eligible Deleted: (c) For a period of between
10 for supports and services under this act if the person: 12 months and 24 months after the
effective date of this act, a person shall be
11 (1) Is a resident of the District of Columbia; and eligible for supports and services under
12 (2) Has an eligibility determination that finds that an intellectual disability that this act if the person:¶
(1) Is a resident of the District of
13 also meets the definition of a developmental disability is present. Columbia; and¶
14 (c) Beginning 12 months after the effective date of this act, a person shall be eligible for (2) Has a comprehensive screening that
finds that:¶
15 supports and services under this act if the person: (A) An intellectual disability that also
16 (1) Is a resident of the District of Columbia; and meets the definition of a developmental
disability is present; or ¶
17 (2) Has an eligibility determination that finds that a developmental disability is (B) The person meets other eligibility
18 present; criteria that have been established
through rulemaking by the Director of the
19 (3) The developmental disability that is present has been established through DDS.¶
20 rulemaking by the Director of the DDS as eligible for supports and services under this act and in Deleted: d
21 accordance with the Comprehensive Developmental Disabilities Services Plan; and Deleted: 24
22 (4) The person meets other eligibility criteria that have been established through
Deleted: comprehensive screening
23 rulemaking by the Director of the DDS in accordance with the Comprehensive Developmental
Deleted: or, if the person is under the
24 Disabilities Services Plan. age of 22, has a comprehensive screening
25 (d) Beginning 12 months after the effective date of this act, a person under the age of 22 that finds that:
26 may be eligible for supports and services under this act if the person meets the criteria of Deleted: (A) A developmental
disability is present; or ¶
27 subsection (c) of this section, notwithstanding whether the scope of his or her functional (B) A disability is present that is
28 limitations is inconclusive or whether it can be determined that the developmental disability will attributable to a physical or mental
impairment, other than the sole diagnosis
29 continue indefinitely. of mental illness, or to a combination of
30 (e) Within 30 calendar days of receiving a request for eligibility determination, the DDA mental and physical impairments, but the
scope of functional limitations is
31 shall assemble the necessary information or conduct the necessary assessments to determine inconclusive or it cannot be determined
32 eligibility in accordance with this act and the Comprehensive Developmental Disabilities whether the disability will continue
indefinitely. ¶
33 Services Plan. A professional experienced in assessing intellectual and other developmental
34 disabilities shall conduct the eleigibity determination process. The eligibity determination Formatted: Indent: First line: 1"

35 process shall elicit information directly from the person and, with the person’s consent, Formatted: Indent: First line: 0.5"
36 individuals who know the person well, and shall include the use of standardized assessment Deleted: complete a comprehensive
screening of the person.
37 tools. The eligibity determination process shall:
38 (1) Determine the nature, scope, and expected duration of the person’s disability; Deleted: comprehensive

39 (2) Identify whether the person: Deleted: screening

40 (A) Has executed or could execute a durable power of attorney in Deleted: comprehensive screening
41 accordance with D.C. Official Code § 21-2205; or Deleted: comprehensive screening
42 (B) Has an individual reasonably available, mentally capable, and willing Deleted: (2) Identify the type and
43 to provide substituted consent pursuant to D.C. Official Code § 21-2210. intensity of support needs in functional
life areas;¶
44 (f) For the purpose of eligibility determination, the DDA shall accept information from (3) Identify the potential need for
45 sources outside the DDA that establishes residency or helps complete any part of the eligibity assistive technology; and¶
Deleted: 4
Deleted: comprehensive screening

13
 1 determination process required under subsection (d) of this section. Upon authorization by the Deleted: paragraphs (1) through (4) of
2 person, the DDA shall gather such information on behalf of the person.
3 (g) Within 10 business days of receiving documentation of residency and completing the
4 eligibility determination, the DDA shall make an eligibility determination and shall provide the Deleted: comprehensive screening
5 person and any individual identified by the person with a letter stating the determination of
6 eligibility, the legal and factual basis for the determination including citation of the applicable
7 law or policy, and a contact person at the DDA. The letter shall be accompanied by:
8 (1) A description of the person’s rights under this act;
9 (2) Telephone numbers for the protection and advocacy agency, any external
10 advocacy agency designated by the DDA, and any sources for obtaining counsel and advocates;
11 (3) If the DDA has found the person to be eligible:
12 (A) Information on the supports and services provided by the DDA;
13 (B) Information on the person’s right to file a complaint or request a
14 hearing under this act and how to file a complaint or request a hearing;
15 (C) Dates, times, and locations of upcoming orientation sessions and
16 trainings on rights, supports and services, and grievances under this act;
17 (D) A description of the ISP process and how to select or change a
18 support coordinator; and
19 (E) Telephone numbers for the advocate program established by section
20 107, the problem resolution office established by section 118, and the abuse and neglect hotline; Deleted: the legal services program
established by section 108,
21 and
22 (4) If the DDA has found the person to be ineligible, information on the person’s
23 right to appeal a denial of eligibility and how to file an appeal.
24 (h) If the DDA finds the person is not eligible, the DDA shall use the information
25 gathered during the eligibility determination process to refer and connect the person to other Deleted: comprehensive screening
26 agencies.
27 (i) If the DDA finds the person is not eligible, the person or any individual chosen by the
28 person may:
29 (1) Appeal a denial of eligibility in accordance with the procedures established
30 by section 118. An appeal may include a request for a new eligibility determination conducted by Deleted: comprehensive screening
31 a professional who is different from the professional who conducted the original eligibility Deleted: comprehensive screening
32 determination process; and
33 (2) Request a new eligibility determination if new information becomes available
34 regarding the person’s diagnosis, age of onset of the disability, severity of the disability, or
35 residency. A denial of a request for a new eligibility determination may be appealed using the
36 same procedures for appealing a denial of eligibility established by section 118.
37 (j) An assessment required for a eligibility determination under this section shall be at Deleted: comprehensive screening
38 the District’s expense if the cost of the assessment cannot otherwise be paid by a federal, local,
39 or private insurance program. Seeking third-party payment for an assessment shall not delay the
40 completion of the screening or eligibility determination.
41 (k) The DDA may provide supports and services prior to the completion of the eligibility Deleted: comprehensive screening
42 determination and eligibility determination:
43 (A) If the person is homeless or at imminent risk of becoming homeless as these
44 terms are defined in section 2 (18) and (23) of the Homeless Services Reform Act of 2005,
45 effective October 22, 2005 (D.C. Law 16-35; D.C. Official Code § 4-752.01(18) and (23));

14
 1 (B) If there is an expectation that the person is in imminent danger or will be
2 subject to abuse or neglect if the person does not receive supports or services; or
3 (C) Pursuant to court order, if the person has been found incompetent in a
4 criminal case.
5 (l) In accordance with the District of Columbia Administrative Procedure Act, approved
6 October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), the Director of the DDS
7 shall issue regulations to implement this section which shall include guidance on information
8 which the DDA will accept for the purposes of eligibility determination if written documentation
9 of the age of onset of a person’s disability is not available.
10
11 Sec. 107. Advocate program.
12 (a) There is established an advocate program within the District to provide trained
13 advocates to assist persons age 18 or older who have been found eligible for supports and
14 services under this act to navigate the DDA service system and to lead meaningful, fully
15 integrated lives in the community.
16 (b) The District shall operate the advocate program through a grant or contract with one
17 or more qualified private, community-based, nonprofit corporations, organizations, or consortia
18 of organizations, with offices located in the District. Each grantee, contractor, and advocate
19 under the program shall be independent of any public or private agency that provides supports
20 and services pursuant to section 111 or section 112. The process for awarding a grant or contract
21 for the advocate program shall include participation by 2 or more persons with developmental
22 disabilities or family members of persons with developmental disabilities. Deleted: ,
23 (c) The advocate program shall: Deleted: , or representatives of
24 (1) Provide paid or volunteer advocates to persons with developmental community-based organizations that work
with District residents with
25 disabilities age 18 or older who have been found eligible for supports and services under this act; developmental disabilities
26 (2) Ensure that all advocates complete a pre-employment screening, a criminal
27 background check, and a training course; and
28 (3) Engage in outreach and education to inform persons with developmental
29 disabilities age 18 or older who have been found eligible for supports and services under this act
30 about the opportunity to have an advocate.
31 (d) Within 5 business days after the DDA has found a person who is age 18 or older
32 eligible for supports and services pursuant to section 106, the DDA shall notify the advocate
33 program and shall provide the advocate program with information on how to contact the person.
34 (e) Upon notification by the DDA that the DDA has found a person eligible for supports
35 and services pursuant to section 106 or upon receiving a request for an advocate, the advocate
36 program shall:
37 (1) Within 10 business days, meet with the person and determine if the person
38 desires the services of an advocate; and
39 (2) Within 20 business days, determine if the person meets the selection criteria
40 established by the Annual Statement of Objectives and Priorities pursuant to subsection (n) of
41 this section.
42 (f) Upon determination that a person desires the services of an advocate and meets the
43 selection criteria established by the Annual Statement of Objectives and Priorities pursuant to
44 subsection (n) of this section, the advocate program shall assign an advocate to the person. The
45 advocate program may assign an advocate for an indefinite period or on a basis limited by
46 duration, scope, or both.

15
 1 (g) Upon determination that a person does not desire the services of an advocate or does
2 not meet the selection criteria established by the Annual Statement of Objectives and priorities
3 pursuant to subsection (n) of this section, the advocate program may refer the person to another Deleted: to the legal services program
established by section 108,
4 source of advocates, or to any organization which the advocate program believes may help the
5 person meet his or her needs, preferences, and goals.
6 (h) A person may reject the services of an advocate and shall be so advised by the
7 advocate program. If a person who has rejected the services of an advocate at any time
8 withdraws the rejection, the advocate program shall meet with the person pursuant to subsection
9 (e) of this section.
10 (i) A person may at any time request and receive a change in the person’s assigned
11 advocate within 21 calendar days after the person makes the request, unless the advocate
12 program shows that the requested change would cause significant difficulty or expense.
13 (j) An advocate shall have the following powers and duties with respect to the person to
14 whom the advocate has been assigned, except as the advocate program may limit the advocate’s
15 powers and duties by duration, scope, or both:
16 (1) To inform the person of the his or her rights under this act and to support the
17 person to exercise his or her rights, including through referral to legal services;
18 (2) To become and remain personally acquainted with the person and to maintain
19 sufficient contact with the person to know of the person’s needs, preferences, goals, and
20 communication methods;
21 (3) To advocate on the basis of the expressed preferences of the person or, if the
22 person’s preferences cannot be determined, to advocate on the basis of the person’s best
23 interests;
24 (4) To support the person in such a manner as to encourage self-reliance and to
25 enable the person to exercise rights, to communicate needs, preferences, and goals, and to
26 participate to the greatest extent possible in the planning and delivery of supports and services,
27 including supporting the person in filing complaints and requesting legal representation; and
28 (5) If the person has been certified as incapacitated to make a health-care
29 decision pursuant to § 21-2204 and no other no individual in a prior class is reasonably available,
30 mentally capable, and willing to act pursuant to §21-2210, to grant, refuse, or withdraw consent
31 on behalf of the person with respect to the provision of any health-care service, treatment, or
32 procedure consistent with the provisions of Chapter 22 of Title 21 of the District of Columbia
33 Official Code.
34 (k) Unless a person objects, an advocate shall:
35 (1) Receive notice and have the right to participate in all meetings, conferences,
36 or other proceedings relating to any matter affecting provision of supports and services to the
37 person to whom the advocate has been assigned, including the ISP, any complaints and
38 complaint resolution processes under this act, and any petitions and hearings before the Court
39 related to the person’s rights, supports, and services;
40 (2) Have access to all records, reports, and documents relating to the person to
41 whom the advocate has been assigned which are maintained by a provider, the District, or the
42 Court;
43 (3) Have access to all personnel and providers responsible for providing supports
44 and services to the person to whom the advocate has been assigned; and
45 (4) Consult with the person’s family, providers, and others concerned with the
46 person’s supports and services.

16
 1 (l) The advocate to whom information about a person has been released under subsection Deleted: Sec. 108. Legal services
program.¶
2 (k) of this section shall be prohibited from using or releasing the information except in the proper (a) There is established a legal services
3 performance of his or her duties. program within the District to provide
legal representation to persons age 18 or
4 (m) All communication between an advocate and the person to whom the advocate has older who have been found eligible for
5 been assigned shall remain confidential and privileged as if between counsel and client. supports and services under this act to
help such persons to obtain quality
6 (n) By September 30 of each year the advocate program shall publish an Annual supports and services and to exercise
7 Statement of Objectives and Priorities (“Annual Statement”) for the coming fiscal year. The their rights under this act. ¶
(b) The District shall operate the legal
8 Annual Statement shall describe and explain the priorities and selection criteria for the advocate services program through a grant or
9 program’s individual advocacy caseload and the outcomes which the program will seek to contract with one or more qualified
private, community-based, nonprofit
10 accomplish. Priorities established by the Annual Statement shall serve as the basis for the corporations, organizations, or consortia
11 advocate program to determine which cases are selected in a given fiscal year. The advocate of organizations, with offices located in
the District. Each grantee, contractor, and
12 program shall have the authority to turn down a request for an advocate when the request is counsel shall be independent of any
13 outside the scope of the Annual Statement, but shall inform a person that this is the basis for public or private agency that provides
supports and services pursuant to section
14 turning the person down. 111 or section 112. The process for
15 (o) By August 15 of each year the advocate program shall transmit a draft Annual awarding a grant or contract for the legal
services program shall include
16 Statement for the coming fiscal year to the Mayor and Council, shall post the draft Annual participation by 2 or more persons with
17 Statement on the advocate program’s web site, and shall work in collaboration with the DDA to developmental disabilities, family
members of persons with developmental
18 disseminate notice of the draft Annual Statement to persons age 18 and older who have been disabilities, or representatives of
19 found eligible for supports and services under this act. The advocate program shall obtain community-based organizations that work
with District residents with
20 comment on the draft Annual Statement from the public, the Family Support Council established developmental disabilities. ¶
21 by section 113, the Developmental Disabilities State Planning Council, the protection and (c) Upon receiving a request for legal
services, the legal services program shall:¶
22 advocacy agency, and the UCEDD. (1) Within 10 business days, meet with
23 (p) The District shall fund the advocate program at $500,000 for the first fiscal year after the person and determine if the person
desires legal representation; and¶
24 the effective date of this act, and thereafter shall increase funding above $500,000 per fiscal year (2) Within 20 business days, determine if
25 to levels that permit the advocate program to achieve the objectives established by this section. the person meets the selection criteria
established by the Annual Statement of
26 Objectives and Priorities pursuant to
27 subsection (i) of this section. ¶
(d) Upon determination that a person
28 Sec. 109. Support and service planning. desires legal representation and meets the
29 (a) All supports and services shall be voluntary. A person who has been found eligible selection criteria established by the
Annual Statement of Objectives and
30 for supports and services under this act shall be afforded all information, opportunities, supports, Priorities pursuant to subsection (i) of this
31 and reasonable accommodations needed to exercise control and to freely make and express section, the legal services program shall
assign counsel to represent the person. ¶
32 choices through verbal, nonverbal, and behavioral means. A person’s way of communicating (e) Upon determination that a person
33 with others is not grounds for deciding that he or she is incapable of making choices about his or does not desire legal representation or
does not meet the selection criteria
34 her supports and services. A request to receive a support or service is not: established by the Annual Statement of
35 (1) A health-care decision subject to Chapter 22 of Title 21; or Objectives and priorities pursuant to
subsection (i) of this section, the legal
36 (2) A decision that requires an adult person to be represented by a guardian, services program may refer the person to
37 advocate, family member, counsel, or other representative. the advocate program established by
section 107, to another source of legal
38 (b) Each person who has been found eligible for supports and services under this act services, or to any organization which the
39 pursuant to section 106 shall have an ISP within 60 days of enrollment into supports and legal services program believes may help
the person meet his or her needs,
40 services. preferences, and goals. ¶
41 (c) The initial ISP shall be based on a comprehensive assessment, which shall include (f) Counsel appointed to represent a
person under this section shall not be
42 the use of standardized assessment tools. The comprehensive assessment shall: precluded from representing the person in
43 (1) Determine the nature, scope, and expected duration of the person’s disability; any proceeding under this act including
any proceeding before the Office of... [3]
44 (2) Identify the type and intensity of support needs in functional life areas;
Deleted: the comprehensive screening
45 (3) Identify the potential need for assistive technology; and process completed for eligibility
46 (4) Identify whether the person: determination as set forth in section 106.
Formatted: Indent: Left: 0.5"

17
 1 (A) Has executed or could execute a durable power of attorney in
2 accordance with D.C. Official Code § 21-2205; or
3 (B) Has an individual reasonably available, mentally capable, and willing
4 to provide substituted consent pursuant to D.C. Official Code § 21-2210.
5 (d) The ISP shall include: Deleted: ¶
6 (1) A description of the person’s strengths, needs, interests, preferences,
7 communication methods, capacities, disabilities, relationships, and natural supports;
8 (2) A description of opportunities for the person to learn of and exercise his or
9 her rights;
10 (3) A description of the person’s resources including income, assets, insurance,
11 and any other benefits, supports, and services from public or private sources;
12 (4) Information on whether the person has an advocate;
13 (5) Information on whether the person:
14 (A) Has executed or could execute a durable power of attorney in
15 accordance with D.C. Official Code § 21-2205. A current durable power of attorney shall be
16 included in the ISP. In the absence of a durable power of attorney, the ISP shall include
17 documentation that the person has been offered an opportunity to execute a durable power of
18 attorney pursuant to D.C. Official Code § 21-2205 and has declined; or
19 (B) Has an individual reasonably available, mentally capable, and willing
20 to provide substituted consent pursuant to D.C. Official Code § 21-2210;
21 (6) A description of short-range, intermediate-range, and long-range service and
22 support outcomes chosen by the person, a projected timetable for outcome attainment, and
23 measurable objectives that constitute progress toward the identified outcomes;
24 (7) A detailed list of supports and services to be provided and the amount,
25 frequency, and duration of each support and service necessary to address the person’s needs,
26 preferences, and outcomes. The list of supports and services shall include identification and
27 justification of all mental health services, including psychotropic medications, behavior support
28 plans, and any other psychiatric treatments;
29 (8) A list of the persons or entities responsible for arranging or furnishing each Deleted: providers that will furnish
30 support and service;
31 (9) An explanation of monitoring procedures, including timelines and designation
32 of persons or agencies responsible for regular monitoring of the ISP; and
33 (10) If appropriate, recommendations for supports and services that the person
34 wishes to explore in the future.
35 (e) The DDA and any person or entity listed in subsection (d)(8) of this section shall be Deleted: agencies listed in the ISP
36 responsible for ensuring that a person’s ISP is implemented.
37 Deleted: (f) In accordance with the
District of Columbia Administrative
38 (g) Nothing in this section shall be construed as requiring any adult person to execute a Procedure Act, approved October 21,
39 durable power of attorney for health care or to have a guardian. 1968 (82 Stat. 1204; D.C. Official Code §
2-501 et seq.), the Director of the DDS
40 shall issue rules for developing and
41 Sec. 110. Support coordination. implementing ISPs in accordance with
this section. Rulemaking shall be
42 (a) A person who has been found eligible and enrolled into supports and services under informed by best and emerging practices
43 this act shall be assigned a support coordinator to help design the person’s ISP, with the or the standards for practice established
by The Council on Quality and
44 participation of any individual the person chooses. Leadership.
45 (b) A person may request a new support coordinator at any time. By no later than 21 Deleted: for
46 calendar days after the person makes the request, the DDA shall provide the person with a new
Deleted: choose

18
 1 support coordinator. Before providing the person with a new support coordinator the DDA may Deleted: , unless the DDA provides
clear and convincing evidence that the
2 first attempt to informally resolve the person’s dissatisfaction with his or her support coordinator. requested change would cause significant
3 (c) The DDA shall notify the person within 3 business days if the person’s support difficulty or expense
4 coordinator becomes temporarily or permanently unavailable to work with the person. Deleted: one
5 (d) The support coordinator shall help the person to:
6 (1) Understand the person’s rights under this act;
7 (2) Identify and communicate the person’s needs, preferences, and outcomes;
8 (3) Select supports and services to meet the person’s needs, preferences, and
9 outcomes and maximize the person’s ability to exercise the person’s rights;
10 (4) Visit, evaluate, and choose resources to meet the person’s needs, preferences, Deleted: among potential providers
11 and outcomes;
12 (5) Develop the ISP;
13 (6) Review and monitor the delivery of supports and services; and
14 (7) Address issues encountered by the person in community living. Deleted: Promptly a
15 (e) The support coordinator shall notify the Office of the Attorney General if he or she
16 believes that:
17 (1) A guardian of an adult person is failing to conform as closely as possible to a
18 standard of substituted judgment or to include the person in the decision-making process to the
19 maximum extent of the person’s ability, pursuant to section 21-2047(a)(6) or 21-2047b(b)(2); or
20 (2) An advocate appointed by the Court is failing to perform the duties of an
21 advocate required under this act.
22 (f) The support coordinator shall develop and implement the ISP within 60 calendar days
23 afterenrollment into supports and services. Deleted: the initial eligibility
determination
24 (g) The support coordinator shall with the person and any individual the person chooses:
25 (1) Comprehensively review and update the ISP at least annually;
26 (2) Review and update the ISP whenever the person’s needs, preferences, Deleted: (2) Review the ISP at least
quarterly and make changes if
27 outcomes, or any other element of the ISP changes; and appropriate;¶
28 (4) If the person consents, review the ISP after receiving a request for a review Deleted: 3
29 and make changes if appropriate. A review may be requested by the person, the parent of a
30 minor, the person’s guardian, the person’s advocate, the person’s counsel, any individual chosen
31 by the person to participate in the ISP, any provider listed in the ISP, or the DDA.
32 (h) Within 10 business days of developing the initial ISP or making changes to the ISP, Deleted: 3
33 the support coordinator shall provide copies of the ISP to the person, the parent of a minor, the
34 person’s guardian, the person’s advocate, the person’s counsel, any individual the person
35 chooses, and any provider listed in the ISP. Along with a copy of the ISP, the support
36 coordinator shall provide:
37 (1) A description of the person’s rights under this act;
38 (2) Information on the person’s right to file a complaint or request a hearing if the
39 person is unsatisfied with any part of the ISP and how to file a complaint or request a hearing;
40 (3) Telephone numbers for the advocate program established by section 107, the Deleted: the legal services program
established by section 108,
41 problem resolution office established by section 118, the protection and advocacy agency, any
42 external advocacy agency designated by the DDA, and the abuse and neglect hotline;
43 (4) Dates, times, and locations of upcoming trainings on rights, supports and
44 services, and grievance procedures under this act; and
45 (5) A description of the ISP process and how to select or change a support
46 coordinator.

19
 1 (i) Nothing in this section shall be construed as requiring any adult person to execute a
2 durable power of attorney for health care or to have a guardian.
3 Deleted: (j) In accordance with the
District of Columbia Administrative
4 Procedure Act, approved October 21,
5 Sec. 111. Supports and services. 1968 (82 Stat. 1204; D.C. Official Code §
2-501 et seq.), the Director of the DDS
6 (a) The DDA shall develop, administer, coordinate, monitor, and evaluate a shall issue rules for this section which
7 comprehensive, coordinated system of supports and services for persons who have been found shall include:¶
(1) Timeframes for activities required for
8 eligible for supports and services under this act and in accordance with the Comprehensive the support coordinator to develop and
9 Developmental Disabilities Services Plan. The comprehensive, coordinated system of supports implement an ISP; and¶
(2) Standards to prevent, reduce, and
10 and services shall make maximum use of all available federal funds consistent with federal law. remedy conflicts of interest for support
11 (b) The comprehensive, coordinated system of supports and services shall include: coordinators.
12 (1) Support coordination;
13 (2) Information and referral services to help persons connect with services and
14 resources at other District agencies, federal agencies, and in the community;
15 (3) Transition planning to facilitate successful transitions from one agency
16 service system to another across the lifespan of the person;
17 (4) Supports and services delivered in the community to help persons live as
18 independently as possible in the least restrictive and most integrated setting;
19 (5) Supports and services to assist persons to obtain and maintain employment in
20 work settings available to the general work force that maximize community and social
21 integration and provide job opportunities that meet the person’s career potential and interest;
22 (6) Supports and services to facilitate access to recreation and social
23 opportunities in the community;
24 (7) Professional services including medical, psychological, vocational, social,
25 educational, and rehabilitative supports and services;
26 (8) Temporary supports and services provided for up to 90 days to a person who Deleted: n adult
27 is eligible for supports and services under this act to remedy or substantially reduce the Deleted: in need of protective services
28 likelihood of abuse, neglect, exploitation, or self-neglect;
29 (9) Informational, educational, and community outreach services to promote
30 awareness and knowledge of developmental disabilities and the supports and services offered by
31 the DDA among persons with developmental disabilities and their families, the general public,
32 and lay and professional groups; and
33 (10) Any other assistance that the DDA considers necessary to provide a
34 comprehensive, coordinated continuum of supports and services for persons with developmental
35 disabilities across the lifespan.
36 (c) The DDA shall provide regular orientation sessions and trainings for persons who
37 have been found eligible for supports and services under this act on supports and services,
38 support and service planning, rights, and problem resolution procedures with the goal of
39 increasing the ability of persons to access supports and services, actively participate in the
40 development, implementation and monitoring of their ISP, exercise their rights, and file
41 complaints, request hearings, and pursue appeals.
42 (d) Subject to the availability of an appropriation for these purposes, the DDA shall
43 develop and administer, either directly or in collaboration with other District agencies, federal
44 agencies, or the private sector, pilot programs to develop, replicate or expand on best practices in
45 supports and services.

20
 1 (e) Supports and services under this section shall not replace or reduce other public
2 benefits to persons with developmental disabilities and their families, or be considered as
3 resources or income in any eligibility determination or sliding fee scale.
4
5 Sec. 112. Family support services.
6 (a) The DDA shall develop, administer, coordinate, monitor, and evaluate a
7 comprehensive, coordinated system of family support services for families of persons who have
8 been found eligible for supports and services under this act and in accordance with the
9 Comprehensive Developmental Disabilities Services Plan. The comprehensive, coordinated
10 system of family support services shall make maximum use of all available federal funds
11 consistent with federal law.
12 (b) The comprehensive, coordinated system of family support services shall include:
13 (1) Support coordination and
14 (2) Information and referral services to help families connect with services and
15 resources at other District agencies, federal agencies, and in the community;
16 (3) Transition planning to facilitate successful transitions from one agency
17 service system to another across the lifespan of the person;
18 (4) Family support services, including:
19 (A) Respite services;
20 (B) Family training and counseling;
21 (C) Temporary supports and services;
22 (D) One-time cash assistance;
23 (E) Home modifications; Deleted: and
24 (F) Funding of items or equipment; and
25 (G) Similar services available under the Medicaid Program.
26 (5) In-home supports to help persons live independently in the family home and
27 participate fully in the community; and
28 (6) Any other assistance that the DDA considers necessary to provide a
29 comprehensive, coordinated continuum of family support services across the lifespan of the
30 person.
31 (c) The DDA shall provide regular orientation sessions and trainings for families on
32 supports and services, service planning, rights, and problem resolution procedures with the goal
33 of promoting the ability of families to support persons with developmental disabilities to access
34 supports and services, actively participate in the development, implementation and monitoring of
35 their ISP, exercise their rights, file complaints, request hearings, and pursue appeals.
36 (d) Subject to the availability of an appropriation for these purposes, the DDA shall
37 develop and administer, either directly or in collaboration with other District agencies, federal
38 agencies, or the private sector, pilot programs to develop, replicate or expand on best practices in
39 family supports and services.
40 (e) Family support services under this section shall not replace or reduce other public Deleted: d
41 benefits to persons with developmental disabilities and their families, or be considered as
42 resources or income in any eligibility determination or sliding fee scale.
43
44 Sec. 113. Family Support Council.

21
 1 (a) There is established a Family Support Council to assist the DDA and other agencies
2 that administer or fund family support services to act in concert and, within available
3 appropriations, to:
4 (1) Establish a comprehensive, coordinated system of family support services that
5 is responsive to the needs, hopes, and preferences of families of persons with the full range of
6 developmental disabilities;
7 (2) Use existing local and other resources efficiently and effectively as
8 appropriate for such supports and services, and
9 (3) Identify and address supports and services that are needed for families of
10 children, youth, and adults with developmental disabilities.
11 (b) The Family Support Council shall be composed of 15 parents, siblings, and other
12 family members of persons with developmental disabilities, and persons with developmental
13 disabilities. The majority of members shall be family members. If possible, the membership shall
14 include representatives of the Developmental Disabilities State Planning Council, the
15 Interagency Coordinating Council, and the State Advisory Panel on Special Education.
16 (c) The Deputy Director of the DDA shall appoint the Family Support Council members.
17 Members shall serve 3-year staggered terms. A vacancy on the Family Support Council shall be
18 filled in the same manner as the original appointment.
19 (d) The Family Support Council shall be chaired by a family member of a person with a
20 developmental disability. The chair shall be selected by the Family Support Council members.
21 (e) The DDA shall provide staff assistance and support to the Family Support Council.
22 (f) The Family Support Council shall take steps to obtain widespread public input which
23 may include sponsoring public forums, conducting focus groups, and creating committees.
24 (g) The Family Support Council shall meet at least quarterly. Meetings shall be open to
25 the public and shall be widely publicized. The Family Support Council may invite
26 representatives of District agencies and community groups to participate in meetings of the
27 Family Support Council and of committees.
28 (h) The Family Support Council shall have procedures to guide its operation, which shall Deleted: enact rules of procedure or
bylaws
29 include quorum requirements. All procedures, agendas, minutes, and reports shall be made
30 readily available to the public. Deleted: rules, bylaws

31 (i) The Family Support Council shall: Deleted: meeting transcripts,

32 (1) Gather input and develop a vision and guidelines for family support services;
33 (2) Review existing program policies, procedures, and funding mechanisms for
34 conformity to the guidelines and make appropriate recommendations;
35 (3) Monitor the implementation of the guidelines and recommendations;
36 (4) Report to the Director of DDS or, the Director’s designee, on a regular basis Deleted: Mayor and Council
37 regarding the status of family support services, including the implementation of the guidelines Deleted: an annual
38 and recommendations;
39 (5) Advocate for family support services in accordance with the guidelines;
40 (6) Compile and distribute information on family support services to public
41 agencies, private agencies, and the general public; and
42 (7) Perform other duties as are related to the advancement of family-centered
43 supports, policies and services.
44 (j) The DDA shall consider recommendations from the Family Support Council in
45 developing and implementing family support services. The DDA shall regularly report to the Deleted: , including the development of
administrative rules and policies

22
 1 Family Support Council on the status of each program and any actions planned or taken by the
2 DDA related to each program.
3
4 Sec. 114. Waiting lists.
5 (a) If the DDA is unable to provide supports and services to persons found eligible under
6 this act immediately upon request, the DDS shall establish one or more waiting lists for supports
7 and services provided by the DDA under this act. The DDS shall ensure that:
8 (1) Persons on waiting lists begin to receive supports and services at a reasonable
9 pace that is based on a fair, equitable, and consistent method of adjusting support and service
10 levels based on the intensity and immediacy of the needs of the person, the person’s family, and
11 other relevant circumstances affecting the support of the person;
12 (2) Persons on waiting lists receive supports and services as resources become
13 available; and
14 (3) Persons on waiting lists are kept up to date on when they can expect to begin
15 to receive supports and services.
16 (b) In establishing a waiting list for supports and services provided by the DDA under
17 this act, the DDS shall:
18 (1) Provide the justification for the waiting list and identify the supports and
19 services for which the waiting list is established;
20 (2) Identify the minimum supports and services, including information and
21 referral services, available to all eligible persons and their families;
22 (3) Identify how a person is placed on the waiting list;
23 (4) Identify the criteria that determine placement and rank on the waiting list;
24 (5) Provide a process for a person on the waiting list to notify the DDA if the
25 criteria that determined the person’s placement or rank on the waiting list change;
26 (6) Define exigent circumstances in which the DDA shall provide a person with
27 temporary supports and service or provide a person with emergency access to waiting list
28 services. In defining exigent circumstances, the DDA shall at a minimum address circumstances
29 in which:
30 (A) The person is homeless or at imminent risk of becoming homeless as
31 these terms are defined in section 2 (18) and (23) of the Homeless Services Reform Act of 2005,
32 effective October 22, 2005 (D.C. Law 16-35; D.C. Official Code § 4-752.01(18) and (23)); and
33 (B) There is an expectation that the person will be in danger or will be
34 subject to abuse or neglect if the person does not receive supports or services;
35 (7) Provide a process for identification of exigent circumstances and application
36 by the person for emergency access to waiting list services;
37 (8) Provide for appeals of waiting list placement and rank to the Office of
38 Administrative Hearings; and
39 (9) Assure that the DDA will notify the person in writing of placement and rank
40 on the waiting list, appeal rights, and projected wait time for supports and services pursuant to
41 subsection (d) and subsection (e) of this section.
42 (c) The DDS shall provide a person who has been placed on a waiting list with
43 information and referral services to connect the person with services and resources at other
44 District agencies, at federal agencies, and in the community. A person may appeal placement and
45 rank on a waiting list to the Office of Administrative Hearings, and shall be informed of this
46 right in writing by the DDS.

23
 1 (d) By 5 business days after placing a person on a waiting list the DDS shall provide the
2 person with a letter stating the person’s placement and rank on waiting list, the legal and factual
3 basis for the placement and rank including citation of the applicable law or policy, and a contact
4 person at the DDS. The letter shall be accompanied by:
5 (1) A description of the criteria that determine rank on the waiting list;
6 (2) A projection of how long the person can expect to wait before receiving
7 supports and services;
8 (3) A statement of the person’s right to appeal placement and rank on the waiting
9 list to the Office of Administrative Hearings, information on how to file an appeal, and contact
10 information for the protection and advocacy agency; Deleted: the legal program established
by section 108 and
11 (4) The name and contact information of the person to contact at the DDS if any
12 of the factors that determined the person’s placement or rank on the waiting list change; and
13 (5) Information about supports and services offered by the DDA to all persons on
14 the waiting list, including information and referral services.
15 (e) No less than 2 times per year the DDS shall inform each person who is on a waiting Deleted: 4
16 list of efforts that have been made or are being made to provide supports and services as soon as
17 possible and of the projected time frame within which supports and services will be made
18 available.
19 (f) By the 15th calendar day after the end of each fiscal quarter, the DDS shall publish
20 and widely disseminate a quarterly statistical report on each waiting list. Quarterly reports shall
21 include quarterly and fiscal year-to-date data on:
22 (1) The number of persons on the waiting list;
23 (2) The length of time persons have been on the waiting list; and
24 (3) The number of persons removed from the waiting list and reasons for such
25 removal.
26 (g) By January 1 of each year, the DDS shall publish and widely disseminate an annual
27 report on each waiting list during the prior fiscal year, which for each waiting list shall:
28 (1) Explain how a person is placed on the waiting list and what criteria determine
29 rank on the list;
30 (2) Provide a demographic profile of persons on the waiting list;
31 (3) Provide aggregate statistics on appeals of placement and rank on the waiting
32 list, and disposition of such appeals;
33 (4) Identify on an aggregate basis the level of need and requested supports and
34 services of persons on the waiting list, discuss the reasons for the lack of supports and services,
35 and project the annual cost to meet these needs;
36 (5) Identify the minimum, maximum, average, and median number of days that
37 persons have been on the waiting list and state the numbers of persons on the list for less than 3
38 months, between 3 and 6 months, between 6 months and one year, and by 6-month increments
39 thereafter;
40 (6) Identify the number of persons removed from the waiting list during the
41 previous fiscal year, the reasons for such removal, and the average length of time on the waiting
42 list prior to removal;
43 (7) Describe the supports and services, including information and referral
44 services, offered to persons and families while they are on the waiting list; and
45 (8) Outline a method to reduce the waiting list during the current fiscal year and
46 subsequent fiscal year. Deleted: and to ensure a maximum
waiting period of no more than 90 days

24
 1 (h) In accordance with the District of Columbia Administrative Procedure Act, approved
2 October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), the Director of the DDS
3 shall issue regulations to implement subsections (a), (b), (c), and (d) of this section.
4
5 Sec. 115. Capacity and decision-making supports; health-care decisions.
6 (a) Every adult person with a developmental disability shall be presumed to be capable
7 of making decisions about his or her personal care, health care, legal matters, financial affairs,
8 business, assets, and all other aspects of the person’s life.
9 (b) A request for eligibility determination or a request to receive supports and services
10 under this act is not:
11 (1) A health-care decision subject to Chapter 22 of Title 21; or
12 (2) A decision that requires an adult person to be represented by a guardian,
13 advocate, family member, counsel, or other representative.
14 (c) A person who has requested an eligibility determination or has been found eligible
15 for supports and services under this act shall be afforded all information, opportunities, supports,
16 and reasonable accommodations needed to exercise control and to freely make and express
17 choices through verbal, nonverbal, and behavioral means. A person’s way of communicating
18 with others is not grounds for deciding that the person is incapable of providing informed
19 consent and making health-care decisions.
20 (d) An adult person who has been found eligible for supports and services under this act
21 shall have the opportunity to execute a durable power of attorney pursuant to D.C. Official Code
22 § 21-2205 and to identify one or more individuals who are reasonably available, mentally
23 capable, and willing to provide substituted consent pursuant to D.C. Official Code § 21-2210, if
24 the person were to become certified as incapacitated to make a health-care decision in
25 accordance with D.C. Official Code § 21-2204.
26 (e) Nothing in this act shall be construed as requiring any adult person to execute a
27 durable power of attorney for health care or to have a guardian.
28 (f) If a provider or the DDA reasonably believes that an adult person lacks the capacity
29 to provide informed consent for a health-care decision, the provider or the DDA promptly shall
30 seek a determination of the person’s capacity in accordance with D.C. Official Code § 21-2204.
31 If the person is certified as incapacitated and unable to consent to a health-care decision in
32 accordance with D.C. Official Code § 21-2204, the DDA or the provider shall promptly seek the
33 provision of substituted consent from the person’s attorney-in-fact pursuant to D.C. Official
34 Code § 21-2206 or, if no attorney-in-fact has been authorized pursuant to D.C. Official Code §
35 21-2205 or is reasonably available, mentally capable, and willing to act, from an individual
36 authorized to provide substituted consent pursuant to D.C. Official Code § 21-2210.
37 (g) If an adult person is certified as incapacitated and unable to consent to a health-care
38 decision in accordance with D.C. Official Code § 21-2204, and no attorney-in-fact or person
39 listed in D.C. Official Code § 21-2210(a) is reasonably available, mentally capable, and willing
40 to act:
41 (1) Except for decisions relating to psychotropic medications, the District shall
42 petition the Court for appointment of a guardian pursuant to Chapter 20 of Title 21. The
43 District’s petition shall request the form of guardianship that is least restrictive to the
44 incapacitated person in duration and scope, taking into account the incapacitated person’s current
45 mental and adaptive limitations or other conditions warranting the procedure. This subsection
46 does not preclude any other party from petitioning the Court for appointment of a guardian; or

25
 1 (2) For decisions relating to psychotropic medications, the provider may
2 administer medication only when the administration of medication is accompanied by a behavior
3 support plan and only after receiving approval from an independent panel appointed by the DDA
4 pursuant to section 116. In an emergency in which a person is experiencing a mental health crisis
5 and in which the immediate provision of mental health treatment including medication is, in the
6 written opinion of the attending physician, necessary to prevent serious injury to the person or
7 others, the provider may administer medication without seeking the person’s prior informed
8 consent.
9
10 Sec. 116. Independent panel for administration of psychotropic medications.
11 (a) The DDA shall establish an independent panel to review all proposals to administer
12 psychotropic medications to a person who has been certified as incapacitated and unable to
13 consent to the proposed medication in accordance with D.C. Official Code § 21-2204, and who
14 has no attorney-in-fact or person listed in D.C. Official Code § 21-2210(a) who is reasonably
15 available, mentally capable, and willing to act.
16 (b) The independent panel shall be composed of 3 members. The members of the panel
17 and their employers shall be immune from suit for any claim arising from any good faith act or
18 omission under this section. The members of the panel shall not be affiliated with the person, the
19 provider, or the physician seeking to administer the medication, but shall include:
20 (1) A board-certified psychiatrist or an advanced practice registered nurse;
21 (2) A licensed professional; and
22 (3) A person who receives supports and services under this act, or, if unavailable,
23 an advocate or a community member.
24 (c) In accordance with the District of Columbia Administrative Procedure Act, approved
25 October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), the Director of the DDS
26 shall issue rules to establish administrative procedures for the independent panel that shall
27 include:
28 (1) A meeting of the panel no later than one week after the DDA receives a
29 request for consent;
30 (2) Written and oral notice to the person not less than 48 hours prior to when the
31 panel will meet;
32 (3) The right of the person to be present when the panel meets and to have a
33 representative present during any such meeting;
34 (4) The right of the person to have reasonable access, prior to the meeting of the
35 panel, to the records and information which the panel will consider in making its decision;
36 (5) The opportunity, at the meeting of the panel, for the person and his or her
37 representative to present information, ask questions, and discuss the wishes of the person;
38 (6) The issuance of a written decision by the panel no later than one week after
39 the meeting of the panel which shall include the facts established and the basis for the panel’s
40 decision;
41 (7) The issuance to the person, the person’s representative, and the provider of a
42 copy of the written decision and a notice of the person’s right to request that the HRAC review
43 the decision; and
44 (8) The right of the person to request that the HRAC review the decision of the
45 panel.

26
 1 (d) If the person requests a review by the HRAC before the decision of the independent
2 panel has been implemented, the decision shall not be implemented until after the HRAC
3 responds to the requested review. The HRAC shall conduct the review at its next meeting or no
4 later than 30 days after the request, whichever is earlier, and shall issue a response within 5
5 business days.
6 (e) The independent panel shall issue a written decision which may grant, refuse, or
7 withdraw consent to the prescription of the proposed psychotropic medication. The panel shall
8 seek to conform as closely as possible to a standard of substituted judgment or, if the person’s
9 wishes are unknown and remain unknown after reasonable efforts to discern them, make the
10 decision on the basis of the person’s best interests. If the panel grants consent, the consent shall
11 be granted for a limited period of time and shall last no longer than 9 consecutive months.
12 (f) For a person for whom the independent panel has granted, refused, or withdrawn
13 consent, the DDA shall offer the person the opportunity to execute a durable power of attorney in
14 accordance with D.C. Official Code § 21-2205 and shall continue to seek to identify one or more
15 individuals listed in D.C. Official Code § 21-2210(a) who may be reasonably available, mentally
16 capable, and willing to act.
17 (g) For a person for whom the independent panel has provided consent for 3 or more
18 consecutive months, and for whom there is a reasonable likelihood that no decision-maker will
19 become available and that the person will not achieve capacity during the next 6 months to make
20 decisions regarding psychotropic medications on his or her own behalf, the District shall petition
21 the Court for appointment of a guardian pursuant to Chapter 20 of Title 21 of the District of
22 Columbia Official Code. The District’s petition shall request the type of guardianship that is least
23 restrictive to the incapacitated person in duration and scope, taking into account the incapacitated
24 person’s current mental and adaptive limitations or other conditions warranting the procedure.
25 This subsection does not preclude any other party from petitioning the Court for appointment of
26 a guardian.
27 (h) Refusal to consent to psychotropic medications shall not be used as evidence of a
28 person’s incapacity.
29 (i) Refusal to consent to services on the basis of a valid religious objection shall not be
30 overridden absent a specific court order requiring the provision of services.
31
32 Sec. 117. Complaints; requests for fair hearings.
33 (a) A person who has been found eligible for supports and services under this act shall
34 have the right to:
35 (1) File a complaint with the person’s support coordinator;
36 (2) File a complaint with the problem resolution office established by section
37 118; and
38 (3) Request a hearing pursuant to section 119, the APA, and federal regulations.
39 (b) A person, the parent of a minor, the person’s guardian, the person’s advocate, the
40 person’s counsel, the person’s family member, an employee of a provider, an employee of the
41 DDA, or an interested person may file a complaint on behalf of the person with the person’s
42 support coordinator or with the DDS.
43 (c) A person who has been found eligible for supports and services is not required to use
44 the problem resolution system established by section 118 and may use other mechanisms for
45 resolving a complaint, including raising the complaint directly with the Mayor, the Director of
46 the DDS, the DHCF, District employees, the ODR, the OHR, a provider, filing a request for a

27
 1 fair hearing in accordance with federal and District laws, regulations, and procedures established
2 for fair hearings and appeals for the Medicaid Program, or by petitioning the Court. Nothing in
3 this act shall be construed to require a person to exhaust administrative remedies, established by
4 this act or otherwise, prior to petitioning litigation concerning a person’s rights. However, a
5 person cannot concurrently use separate mechanisms for resolving a grievance.
6 (d) No individual, agency, or provider shall retaliate against a person who files a
7 complaint or requests a hearing.
8
9 Sec. 118. Internal problem resolution system; appeals of ineligibility.
10 (a) The District shall establish an internal problem resolution system within the DDS to
11 provide a fair and efficient mechanism for receiving, investigating, and resolving complaints
12 under this act. The internal problem resolution system shall: Deleted: include
13 (1) Allow the opportunity for a person who has been found eligible for supports Deleted: The
14 and services, or that person’s representative, to file a complaint with the DDS orally, by
15 telephone, in writing, or electronically;
16 (2) Provide assistance for a person or the parent of a minor who needs help in Deleted: A
17 filing a complaint;
18 (3) Represent, or provide a representative, the complainant throughout the
19 problem resolution process; Deleted: The right to be represented
throughout the problem resolution
20 (4) Establish definite time frames for each phase of the problem resolution process
21 process; Deleted: Definite
22 (5) Provide an expedited review for any complaint alleging abuse or neglect;
Deleted: A
23 (6) Require that supports and services that are the subject of a complaint shall
Deleted: A requirement that
24 continue without change, limitation, reduction, or termination pending resolution of the
25 complaint, if the purpose of the complaint is to oppose a limitation, reduction, or termination;
26 (7) Provide written educational material and assistance to persons who have been Deleted: A requirement for education
27 found eligible for supports and services and their families, provider staff, and DDA staff about
28 persons’ rights and the internal problem resolution system; and
29 (8) Publicize that retaliatory actions by the DDA and providers against persons Deleted: A prohibition on
30 who file complaints are prohibited.
31 (b) The District shall establish a problem resolution office (“problem resolution office”)
32 within the DDS that is authorized to resolve complaints for the DDA and to operate the internal
33 problem resolution system established by subsection (a) of this section. Deleted: The problem resolution office
shall at a minimum have a full-time
34 (c) A complaint filed with the problem resolution office may include: Director and 2 full-time staff and shall
35 (1) A statement that a person is not satisfied with his or her support coordinator, maintain adequate staff to carry out the
duties established by this section.
36 ISP, or the availability, quality, manner, setting, or responsiveness of the person’s supports and
37 services;
38 (2) An allegation that the person’s rights or protections provided under this act
39 have been violated or limited;
40 (3) An allegation that the District has not provided the person with the person’s
41 choice of home and community-based services as an alternative to institutional care;
42 (4) An allegation that the District has denied, delayed, suspended, reduced, or
43 terminated supports and services authorized by this act;
44 (5) An allegation that the District has denied or delayed access by the person or
45 the person’s representative to the person’s records;

28
 1 (6) An allegation that the District has denied or delayed a request for a new
2 support coordinator; and
3 (7) Any other statement of a person’s dissatisfaction relating to his or her rights,
4 supports, or services.
5 (d) On receipt of a complaint, the problem resolution office shall:
6 (1) Provide a copy of the complaint to the relevant parties, as defined by the DDS
7 in implementing regulations;
8 (2) Attempt to resolve the complaint by informal communication with any party
9 necessary to resolve the complaint within 10 business days of receipt of the complaint, unless the Deleted: 5
10 person does not consent to this informal communication; and
11 (3) If informal communication fails to resolve the complaint, or if the person
12 does not consent to informal communication, attempt to resolve the complaint through
13 alternative dispute resolution techniques by:
14 (A) Holding a meeting with the relevant parties within 15 business days; Deleted: 10
15 (B) Ensuring that the meeting in subparagraph (A) of this paragraph is
16 attended by a DDA representative with the authority to bind the DDA, the person, the person’s
17 support coordinator, and any other party necessary to resolve the complaint; and
18 (C) At the request of the parties, drafting a written agreement between the
19 parties to address the person’s complaint which shall be signed by the Director of the DDS or the
20 Director’s designee.
21 (e) The problem resolution office shall report any individual, agency, or provider that
22 retaliates against a person who files a complaint or requests a hearing to the Office of the
23 Inspector General.
24 (f) Upon reasonable belief that a person who has filed a complaint or on whose behalf a
25 complaint has been filed is at imminent risk of serious harm, the DDA shall immediately take all
26 steps necessary to protect the person.
27 (g) The problem resolution office shall track all complaints and all reports of retaliation
28 against a person who files a complaint or requests a hearing. The problem resolution office shall
29 share these aggregate data with the comprehensive quality management and improvement system
30 established by section 123.
31 (h) If the time period provided in this section or in the implementing procedures for Deleted: rules
32 completion of any action or step by the problem resolution office, the DDA, or other agency
33 lapses without the action or step having been completed, the action or step shall be deemed as
34 occurred and the person shall have the option of proceeding to the next step of the grievance
35 process without waiting for completion of the action or step.
36 (i) A denial or termination of eligibility shall not be subject to the problem resolution
37 system established by this section. If the DDA finds a person not eligible for supports and
38 services under this act:
39 (1) The person, the parent of a minor, the person’s guardian, or any individual
40 chosen by the person may appeal a denial of eligibility to the Deputy Director of the DDA;
41 (2) The Deputy Director of the DDA shall ensure that the eligibility criteria under Deleted: and comprehensive screening
process required
42 section 106 were applied in accordance with this act and with regulations issued by the DDS, and
43 shall issue a written response to the person’s appeal within 10 business days from the date the
44 appeal was received;

29
 1 (3) The person, the parent of a minor, the person’s guardian, or any individual
2 chosen by the person may appeal the Deputy Director of the DDA’s decision to the Director of
3 the DDS; and
4 (4) The Director of the DDS shall ensure that the eligibility criteria under section Deleted: and comprehensive screening
process required
5 106 were applied in accordance with this act and with regulations issued by the DDS, and shall
6 issue a written response to the person’s appeal within 10 business days from the date the Deputy
7 Director of the DDA issued a written response to the appeal. This action constitutes a final
8 agency decision for the purposes of the APA.
9 (j) Nothing in this section shall affect:
10 (1) The procedures for mediation of, or procedures for review through an
11 impartial due process hearing of, determinations made by personnel of the District that affect the
12 provision of vocational rehabilitation services to applicants or eligible individuals as required
13 under the Rehabilitation Act of 1973, as amended, approved August 7, 1998 (112 Stat. 1116; 29
14 U.S.C.S. § 720 et seq.); or
15 (2) The procedures for fair hearings and appeals for the Medicaid Program.
16
17 Sec. 119. Petition for review of agency action under this act.
18 (a) A person may petition for review of agency action under this act by filing a written
19 petition for review of agency action with the Family Court of the Superior Court in the manner
20 and form prescribed by the Court. The petition may be filed by the person, the person’s counsel,
21 the person’s advocate, the person’s parent or guardian, or other legal representative. The petition
22 and any filings with the Court shall be considered privileged and confidential and shall be treated
23 in all cases as if filed under seal.
24 (b) The Court shall conduct a hearing promptly after filing of the petition pursuant to
25 subsection (a) of this section. Any hearing shall be conducted in as informal a manner as may be
26 consistent with orderly procedure, and shall be closed to the public unless the petitioner or his or
27 her counsel requests that a hearing be open to the public. The petitioner shall have the right to be
28 present during hearings and to testify, but shall not be compelled to testify, and shall be so
29 advised by the Court. The petitioner shall have the right to call witnesses and present evidence,
30 and to cross-examine opposing witnesses.
31 (c) Unless provided otherwise by statute or federal law, the party proposing that the
32 agency take action or grant a benefit shall have the burden of proof. The agency shall have the
33 burden of proof in all cases involving a termination, reduction, or delay of a service or benefit to
34 a person who has been found eligible for supports and services under this act, and must present
35 clear and convincing evidence that their decision is supported by substantial evidence and is not
36 clearly erroneous as a matter of law. In cases where the petitioner has the burden of proof, the
37 petitioner shall present clear and convincing evidence to the Court that he or she is entitled to the
38 relief sought in the petition. The Court shall not set aside the decision of the agency if it is
39 supported by substantial evidence and not clearly erroneous as a matter of law. The Court shall
40 promptly issue a written decision of findings of fact, conclusions of law, and order on the
41 petition which shall be based on substantial evidence in the record developed in the proceedings.
42 (d) Costs and expenses of all proceedings held under this section shall be paid as
43 follows:
44 (1) The person shall be considered in forma pauperis for purposes of these
45 proceedings; and

30
 1 (2) Witnesses shall be paid the same fees and mileage as for attendance at Court
2 to be paid upon the approval of the Court.
3 (e) Any order of the Court may be appealed in a like manner as other civil actions.
4
5 Sec. 120. Initiation of action to compel rights; civil remedy; sovereign immunity barred;
6 defense to action; payment of expenses.
7 (a) Any individual shall have the right to initiate an action in the Court to compel the
8 rights afforded persons with developmental disabilities under this act.
9 (b) Any person who has been found eligible for supports and services under this act shall
10 have the right to a civil remedy in an amount not less than $25 per day from the District for each
11 day on which said person is not provided with adequate supports and services pursuant to the
12 person’s ISP.
13 (c) Sovereign immunity shall not bar an action under this section.
14 (d) Reasonable attorneys’ fees and court costs shall be available for actions brought
15 under this section.
16
17 Sec. 121. Deprivation of civil rights; liability; immunity; exceptions.
18 (a) No person shall be deprived of any civil right solely by reason of his or her having
19 received supports and services under this act.
20 (b) Any person who violates or abuses any rights or privileges protected by this act shall
21 be liable for damages as determined by law, for Court costs, and for reasonable attorneys’ fees.
22 Any person who acts in good faith compliance with the provisions of this act shall be immune
23 from civil or criminal liability for actions in connection with screening of or support and service
24 delivery to a person under this act. However, this section shall not relieve any person from
25 liability for acts of negligence, misfeasance, nonfeasance, or malfeasance.
26
27 Sec. 122. Records.
28 (a) The DDA shall maintain complete records for each person who applies for or is
29 found eligible for supports and services. Upon oral or written request, a person has the right to
30 access all records relating to him or her within 1 business day.
31 (b) Records for persons receiving supports or services shall at a minimum include
32 information identifying the person and information pertaining to the person’s eligibility
33 determination, the person’s ISP, the person’s personal funds if controlled by a public or private
34 agency, and any extraordinary incident or accident involving the person including any reports of
35 investigations of abuse, neglect, or exploitation of the person.
36 (c) (1) All information obtained and any records prepared by the DDA or a provider in
37 the course of determining eligibility or planning and providing supports and services to a person
38 shall be considered privileged and confidential and may be disclosed only:
39 (A) To the person, the parent of a minor, the person’s guardian, the
40 person’s counsel, and the person’s advocate;
41 (B) To any individual authorized by the person in writing;
42 (C) To the extent necessary for the acquisition, provision, oversight, or
43 referral of supports and services and for referral to the advocate program established by section
44 107;
45 (D) To the extent necessary to make claims on behalf of the person for
46 aid, insurance, or medical assistance to which the person may be entitled;

31
 1 (E) Pursuant to court order or to an independent external monitoring
2 entity designated by the DDA;
3 (F) To the Court when a petition to establish guardianship for the person
4 is filed pursuant to Title 21; and
5 (G) To qualified personnel, if necessary, for the purpose of conducting
6 scientific research or management audits, financial audits, or program evaluation; provided, that
7 the personnel have demonstrated and provided assurances, in writing, of their ability to insure
8 compliance with the requirements of this section. Such personnel shall not identify, directly or
9 indirectly, a person in any reports of such research, audit, or evaluation, or otherwise disclose a
10 person’s identity in any manner.
11 (2) The individual to whom information about a person has been released under
12 paragraph (1) of this subsection shall be prohibited from using or releasing the information
13 except in the proper performance of his or her duties.
14 (d) In the event that a person, the parent of a minor, the person’s guardian, the person’s
15 counsel, the person’s advocate, or any individual authorized by the person in writing questions
16 the accuracy or completeness of the person’s records, he or she may request an amendment to the
17 person’s record. Within 15 days after receiving a request for an amendment, the DDA shall
18 approve or disapprove the request and notify the person and, where applicable, the individual
19 who requested the amendment.
20 (e) In accordance with the District of Columbia Administrative Procedure Act, approved
21 October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), the Director of the DDS
22 shall issue rules establishing standards for the records maintained by the DDA and providers,
23 including standards for the content of records and procedures for maintaining, updating,
24 amending, protecting the confidentiality of, and disclosing records in accordance with this
25 section and with all applicable District and federal laws.
26 (f) Nothing in this section shall prohibit the DDA from producing and sharing aggregate
27 data that do not directly or indirectly identify a person.
28 (g) Nothing in this section shall be deemed to limit access by a person receiving supports
29 and services to the person’s records, or to limit any rights established under federal or local law.
30
31 Sec. 123. Quality standards and monitoring.
32 (a) The DDA shall be the lead agency responsible for developing and implementing a
33 comprehensive quality management and improvement system which at a minimum discovers
34 evidence to determine if supports and services ensure the health and safety of persons supported and
35 achieve desired outcomes. The DDA and partner agencies shall continually review data to identify
36 potential concerns and opportunities for service improvement. As the lead agency, the DDA shall:
37 (1) Provide prompt written notification of incidents and patterns of concerns and
38 deficiencies that require corrective action to providers, persons receiving supports and services,
39 and parents and guardians of persons receiving supports and services where appropriate; and
40 (2) Ensure that providers take prompt, appropriate corrective actions to address
41 incidents and patterns of concerns and deficiencies, and to protect persons from harm.
42 (b) The District shall develop and implement a protocol for interagency sharing of critical
43 information, including information regarding provider performance and complaints, that could
44 affect the safety and well-being of persons receiving supports and services, and for cooperative
45 enforcement efforts between agencies responsible for provider oversight. The DDA shall be the lead
46 agency for implementation of the protocol. The protocol shall ensure:

32
 1 (1) Coordination of actions to address systemic problems with other responsible
2 agencies including the APS, the CFSA, the DCPS, the DCPCS, the DHCF, the DHS, the DMH, the
3 DOH, the DYRS, and the Office on Aging;
4 (2) Establishment of timelines for providing notice of concerns and the development
5 of corrective action plans;
6 (3) Implementation of corrective or enforcement actions when necessary including
7 making changes in supports and services, providing additional training or technical assistance to
8 staff, levying fines, revoking provider licenses or certifications, terminating provider contracts, or
9 other changes to provider licenses, certifications, and contracts to ensure the safety of person;
10 (4) Prompt investigation of abuse, neglect, exploitation, and death;
11 (5) Coordinated planning and implementation of emergency preparedness activities;
12 and
13 (6) Implementation and compliance by agencies and providers with all relevant
14 District and federal laws, regulations and policies.
15 (c) By two years after the effective date of this act, the DDA shall implement a publicly-
16 available mandatory provider report card system that allows persons and their families to compare
17 providers on a routine basis according to standards of quality performance. The DDA shall widely
18 publicize the provider report card system, shall publish provider report cards on its web site, and
19 shall provide copies of provider report cards to the public upon request.
20 (d) The DDA shall include persons receiving supports and services and their families in
21 ongoing systemic quality management and improvement activities for:
22 (1) Assessment of ISP implementation; and
23 (2) Evaluation of satisfaction with supports and services.
24 (e) In accordance with the District of Columbia Administrative Procedure Act, approved
25 October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), the Director of the DDS
26 shall issue rules to implement this section. Deleted: that shall include standards
that define incidents, patterns of
27 concerns, and deficiencies that require
28 Sec. 124. Reporting and investigation of abuse, neglect, and exploitation. corrective action
29 (a) Except as provided in subsection (b) of this section, whenever an employee or
30 volunteer of the DDA or a provider has as a result of his or her employment cause to believe that
31 a person who is eligible for supports and services under this act has recently been or is being
32 subject to abuse, neglect, or exploitation by another and has no one willing and able to provide
33 adequate protection, the employee shall:
34 (1) Immediately report this belief to the DDA; and
35 (2) Immediately report this belief to the APS in accordance with section 4 of
36 Adult Protective Services Act of 1984, effective December 7, 1984 (D.C. Law 5-156; D.C.
37 Official Code § 7-1903).
38 (b) The duty to report established by subsection (a) of this section shall not apply to:
39 (1) An advocate who has a client or patient, or is employed by a lawyer
40 representing a third person who is allegedly responsible for the abuse or neglect; or
41 (2) A social worker or licensed health professional who has as a client or patient,
42 or is employed by a lawyer representing, a third person who is allegedly responsible for the
43 abuse or neglect.
44 (d) In addition to the reporting requirements to the APS in accordance with section 4 of Formatted: Indent: First line: 0.5"
45 Adult Protective Services Act of 1984, effective December 7, 1984 (D.C. Law 5-156; D.C.
46 Official Code § 7-1903), the duty to report shall include immediately reporting this belief to

33
 1 DDA pursuant to the requirements in this section if the person is enrolled and receiving supports
2 and services under this act.
3 (e) A report made pursuant to this section may be either oral or written and shall include, Deleted: c
4 if known: The name, age, physical description, and location of the adult alleged to be in need of
5 protective services; the name and location of the person(s) allegedly responsible for the abuse,
6 neglect, or exploitation; the nature and extent of the abuse, neglect, or exploitation; the basis of
7 the reporter’s knowledge; the names of the reporter and the reporter’s employer; and any other
8 information the reporter believes might be helpful to an investigation.
9 (f) The DDA shall provide an adult in need of protective services who is eligible for Deleted: (d) The Mayor shall:¶
(1) Designate the DDA to investigate
10 supports and services under this act with expedited access to supports and services, if expedited reports of alleged abuse, neglect, self-
11 access is reasonably calculated to remedy or substantially reduce the likelihood of abuse, neglect, neglect, and exploitation of persons who
have been found eligible for DDA
12 exploitation, or self-neglect. The DDA may provide such supports and services on a temporary supports and services in accordance with
13 basis of up to 90 days or on a permanent basis. section (5)(a)(1) of the Adult Protective
Services Act of 1984, effective December
14 (g) The DDA shall ensure that all employees of the DDA and of providers receive initial 7, 1984 (D.C. Law 5-156; D.C. Official
15 and annual training on the requirements of this section and the identification of abuse, neglect, Code § 7-1904(a)(1)); and¶
(2) Designate the DDA to request that
16 exploitation, and self-neglect. the Attorney General promptly conduct a
17 factual inquiry and, if legally supportable,
file a petition in court for a provisional
18 Sec. 125. Checks of criminal background, abuse and neglect registries, and traffic record. order for persons who have been found
19 (a) Every employee of the DDA, a provider, and the advocate program established by eligible for DDA supports and services in
accordance with section 7(a) of the Adult
20 section 107 (“advocate program”) who has direct contact with persons with disabilities, and Protective Services Act of 1984, effective
21 every unsupervised volunteer of the DDA, a provider, and the advocate program who has direct December 7, 1984 (D.C. Law 5-156; D.C.
Official Code § 7-1906(a)).¶
22 contact with persons with developmental disabilities, shall complete a criminal background
23 check, a check against all District registries of substantiated abuse and neglect, and a traffic Deleted: e

24 record check where applicable. To the extent that this act conflicts with any other District law, Deleted: f

25 the requirements of this act shall supersede any other District law, except that this law shall not
26 apply to foster parents.
27 (b) (1) Except as provided in paragraph (2) of this subsection, the requirements of this
28 section shall apply to:
29 (A) An applicant for paid employment with the DDA, a provider, or the
30 advocate program;
31 (B) An applicant for voluntary service in a position at the DDA, a
32 provider, or the advocate program that will involve direct, unsupervised contact with persons
33 with developmental disabilities;
34 (C) An employee of the DDA, a provider, or the advocate program; and
35 (D) A volunteer who serves the DDA, a provider, or the advocate
36 program in a position that involves direct, unsupervised contact with persons with developmental
37 disabilities.
38 (2) A job applicant, volunteer applicant, employee, or volunteer who has an
39 active federal security clearance shall not be required to submit to a criminal background check.
40 (c) The DDA, providers, and the advocate program shall not hire any job applicant or
41 volunteer applicant who is subject to the requirements of this section without:
42 (1) Checking the applicant’s name against the DDA registry of former employees
43 terminated because of substantiated acts of abuse or neglect established by section 126;
44 (2) Checking the applicant’s name against the Nurse Aide Abuse Registry, any
45 registries of substantiated abuse and neglect maintained by the District, and any registries of

34
 1 substantiated abuse and neglect maintained by a state and identified by the Mayor in rulemaking
2 for this section;
3 (3) Checking the applicant’s name against the List of Excluded
4 Individuals/Entities maintained by the U.S. Department of Health and Human Services, Office of
5 Inspector General to exclude from participation in Medicare, Medicaid, and other Federal health
6 care programs individuals and entities who have engaged in fraud or abuse, and to impose civil
7 money penalties for certain misconduct related to Federal health care programs in accordance
8 with section 1128 and section 1156 of the Social Security Act (42 U.S.C. §§ 1320a–7 and
9 1320c–5);
10 (4) Conducting a traffic record check, if the applicant will be required to drive a
11 motor vehicle to transport persons with developmental disabilities in the course of performing
12 his or her duties; and
13 (5) Requiring the applicant to provide a copy of a Federal criminal history record,
14 obtained pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law
15 92-544, 86 Stat 1115, that is not more than 30 days old.
16 (d) A job applicant or volunteer applicant who is required to apply for a criminal
17 background check in accordance with this section may be offered the position contingent upon
18 receipt of a satisfactory background check, and may begin working in a setting that does not
19 involve direct contact with persons with developmental disabilities prior to receiving the results.
20 (e) At the time of application, the DDA, providers, and the advocate program shall
21 provide written notice of the requirements of this section to all job applicants and volunteer
22 applicants who are subject to the requirements of this section.
23 (f) Before any job applicant or volunteer applicant who is subject to the requirements of
24 this section may be offered a compensated position or an unsupervised volunteer position, the
25 DDA, the provider, or the advocate program shall require the applicant to:
26 (1) Provide a copy of a Federal criminal history record that is not more than 30
27 days old, or provide:
28 (A) A complete set of fingerprints in a form approved by the FBI which
29 may be submitted by the MPD to the FBI for Federal criminal history information pursuant to the
30 Federal Bureau of Investigation appropriation of Title II of Public Law 92-544, 86 Stat 1115.
31 Fingerprinting for the purposes of this section may be conducted by any individual authorized to
32 do so by the Mayor or the FBI;
33 (B) Written authorization for the Mayor to conduct a criminal background
34 check;
35 (C) Written confirmation that the job applicant or volunteer applicant has
36 been informed by the DDA or provider that the Mayor is authorized to conduct a criminal
37 background check on the job applicant or volunteer applicant;
38 (D) Any additional identification that is required for the criminal
39 background check, including name, social security number, birth date, and gender; and
40 (E) Written acknowledgment that the DDA or provider has notified the
41 job applicant or volunteer applicant of his or her right to receive the original criminal
42 background check report and to challenge the accuracy and completeness of the report;
43 (2) Provide a signed affirmation stating whether or not the job applicant or
44 volunteer applicant has been convicted of a crime, has pleaded nolo contendere, is on probation
45 before judgment or placement of a case upon a stet docket, or has been found not guilty by
46 reason of insanity, for any sexual offenses or intrafamily offenses in the District or their

35
 1 equivalent in any other state or territory, or for any of the following felony offenses or their
2 equivalent in another state or territory:
3 (A) Murder, attempted murder, or manslaughter;
4 (B) Arson;
5 (C) Assault, assault with a dangerous weapon, mayhem, malicious
6 disfigurement, or threats to do bodily harm;
7 (D) Burglary;
8 (E) Robbery;
9 (F) Kidnapping;
10 (G) Theft, fraud, forgery, extortion, or blackmail;
11 (H) Illegal use or possession of a firearm;
12 (I) Sexual offenses, including indecent exposure; promoting, procuring,
13 compelling, soliciting, or engaging in prostitution; corrupting minors (sexual relations with
14 children); molesting; voyeurism; committing sex acts in public; incest; rape; sexual assault;
15 sexual battery; or sexual abuse; but excluding sodomy between consenting adults;
16 (J) Child abuse or cruelty to children; or
17 (K) Unlawful distribution of or possession with intent to distribute a
18 controlled substance;
19 (3) Provide a signed affirmation stating whether or not the job applicant or
20 volunteer applicant has ever been terminated or separated from employment as a result of
21 substantiated abuse or neglect; and
22 (4) Provide written acknowledgment that the DDA or provider may choose to
23 deny the applicant employment or a volunteer position, or to terminate an employee or volunteer,
24 based on the outcome of the criminal background check, registry checks, check of the List of
25 Excluded Individuals/Entities maintained by the U.S. Department of Health and Human
26 Services, Office of Inspector General, and traffic record check if applicable.
27 (g) All employees and volunteers who are subject to the requirements of this section
28 shall submit to periodic criminal background checks and checks against all registries of abuse
29 and neglect maintained by the District. Criminal background checks shall be conducted using the
30 same procedures for job applicants and volunteer applicants described in subsection (f) of this
31 section.
32 (h) The DDA, providers, and the advocate program shall not employ or permit to serve
33 as a volunteer in an unsupervised position that involves direct contact with persons with
34 developmental disabilities an individual who, in the District or in any other state or territory of
35 the United States where such individual has resided, has been convicted of, has pleaded nolo
36 contendere to, is on probation before judgment or placement of a case on the stet docket because
37 of, or has been found not guilty by reason of insanity for any of the felony offenses listed in
38 subsection (f)(2) of this section.
39 (i) If based on a criminal background check a job applicant or volunteer applicant has
40 been denied employment, or an employee or volunteer has been terminated, the DDA, the
41 provider, or the advocate program shall provide written notice and the job applicant, volunteer
42 applicant, employee or volunteer may appeal the denial to the Commission on Human Rights
43 within 30 days of the date of the written statement.
44 (j) A volunteer may use the same criminal background check for a period of 2 years
45 when applying for multiple volunteer positions, if the volunteer provides a signed affirmation
46 that he or she has not been convicted of a crime, has not pleaded nolo contendere, is not on

36
 1 probation before judgment or placement of a case upon a stet docket, and has not been found not
2 guilty by reason of insanity, for any sexual offenses or intrafamily offenses in the District or their
3 equivalent in any other state or territory, or for any of the felony offenses listed in subsection
4 (f)(2) of this section, or their equivalent in any other state or territory, since the date of the most
5 recent criminal background check conducted on him or her.
6 (k) All criminal background records received by the Mayor shall be confidential and are
7 for the exclusive use of making employment-related determinations under this act. The records
8 shall not be released or otherwise disclosed to any individual except when:
9 (1) Required as one component of an application for employment or voluntary
10 service with the DDA or a provider under this act;
11 (2) Requested by the Mayor, or his or her designee, during an official inspection
12 or investigation;
13 (3) Ordered by a court;
14 (4) Authorized by the written consent of the individual being investigated; or
15 (5) Used for a corrective, adverse, or administrative action in a personnel
16 proceeding.
17 (l) A job applicant, volunteer applicant, employee, or volunteer with the DDA, a
18 provider, or the advocate program who intentionally provides false information that is material to
19 the application in the course of applying for the position shall be subject to prosecution pursuant
20 to section 404 of the District of Columbia Theft and White Collar Crimes Act of 1982, effective
21 Dec. 1, 1982 (D.C. Law 4-164; D.C. Official Code § 22-2405).
22 (m) An individual who discloses confidential information in violation of subsection (l) of
23 this section is guilty of a criminal offense and, upon conviction, shall be fined not more than
24 $1,000 or imprisoned for not more than 180 days, or both.
25 (n) Prosecutions for violations of this section shall be brought in the Court by the Office
26 of the Attorney General.
27 (o) In accordance with the District of Columbia Administrative Procedure Act, approved
28 October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), the Mayor shall issue rules
29 to implement the provisions of this section. The rules shall include:
30 (1) Requirements and procedures for the DDA, providers, and the advocate
31 program to check registries of substantiated abuse and neglect maintained by one or more states;
32 (2) A timeline for the implementation of this section as it applies to current
33 employees and volunteers of the DDA and providers on the effective date of this act;
34 (3) The location of the office in which applications for criminal background
35 checks are to be made;
36 (4) Procedures for a job applicant, volunteer applicant, employee, or volunteer to
37 challenge allegations that he or she committed a proscribed offense; and
38 (5) A description of the corrective or adverse actions that may be taken against
39 any provider that, or any employee of the DDA or a provider who, is found to have violated the
40 provisions of this section.
41
42 Sec. 126. Registry of former employees terminated because of substantiated acts of
43 abuse or neglect and convictions.
44 (a) The Mayor, or his designee in accordance with section 106(c2) of the Department on
45 Disability Services Establishment Act of 2006, effective March 14, 2007 (D.C. Law 16-264;
46 D.C. Official Code § 7-761.06(c2)), shall enter into interstate agreements or compacts to permit

37
 1 the DDA, providers, and the advocate program established by section 107 (“advocate program”)
2 to check the names of job applicants, volunteer applicants, employees and volunteers against
3 registries maintained by states of individuals who have been terminated or separated from
4 employment as a result of substantiated abuse or neglect.
5 (b) The DDA shall establish and maintain a registry of individuals who have been
6 terminated or separated from employment by the DDA, a provider, and the advocate program as
7 a result of abuse or neglect substantiated by the DDS or the APS. The registry may include
8 individuals who have been terminated or separated from employment by the DDA, a provider,
9 and the advocate program as a result of a criminal conviction of or nolo contendere plea to abuse
10 or neglect. The DDA shall, for the purposes of maintaining the registry, be capable of responding
11 to inquiries in accordance with subsection (c) of this section as to whether an individual has been
12 terminated or separated from employment as a result of substantiated abuse or neglect, or a
13 criminal conviction for or nolo contendere plea to abuse or neglect. Such capability may include
14 response by telephone voice mail or other automated response for initial inquiries.
15 (c) The registry established and maintained by the DDA shall include:
16 (1) The names, addresses, and social security numbers or alien identification
17 numbers of those individuals terminated or separated from employment as a result of
18 substantiated abuse or neglect;
19 (2) The date of termination or separation;
20 (3) The type of abuse or neglect;
21 (4) The type of criminal charge or nolo contendere plea, if any; and
22 (5) The name of any employer or authorized protective services agency
23 requesting information from the registry, the reason for the request, and the date of the request.
24 (d) The DDA shall make information in the registry available only to:
25 (1) Authorized protective services agencies, for the purpose of protective service
26 determinations;
27 (2) Providers who employ individuals to provide supports and services to persons
28 with developmental disabilities;
29 (3) The advocate program; and
30 (4) Private persons who are seeking to hire a self-employed health caregiver.
31 (e) The DDA shall limit responses to requests for identifying information from the
32 registry established by this section to:
33 (1) Identification of the individual terminated or separated from employment for
34 substantiated abuse or neglect or a criminal conviction for or a nolo contendere plea to abuse or
35 neglect; and
36 (2) The type of abuse or neglect and whether the abuse or neglect was
37 substantiated or resulted in a criminal conviction, or plea of nolo contendere.
38 (f) Not later than 5 business days following receipt of written notification by the DDA or
39 the APS of the substantiation of, criminal conviction for, or plea of nolo contendere to abuse or
40 neglect by an employee who has been terminated or separated from employment for such abuse
41 or neglect, an employer shall submit to the DDA the name of such employee and such other
42 information as the DDA may request. Upon receipt of notification of a termination or separation
43 due to substantiated abuse or neglect, the DDA shall conduct a hearing in accordance with § 2-
44 509. The DDA shall not place the name of an individual terminated due to substantiated abuse or
45 neglect on the registry until the DDA has completed the hearing and the hearing has resulted in a
46 decision to place the individual’s name on the registry.

38
 1 (g) The DDA shall remove an individual’s name from the registry if an arbitration or a
2 legal proceeding results in a finding that the individual was unfairly terminated from
3 employment or the criminal conviction was overturned.
4 (h) (1) No employer shall be liable in any civil action for damages brought by an
5 employee or a job applicant whose name appears on the registry established by this section
6 arising out of the conduct of the employer in:
7 (A) Making any report in good faith pursuant to subsection (e) of this
8 section;
9 (B) Testifying under oath in any administrative or judicial proceeding
10 arising from such report;
11 (C) Refusing to hire or to retain any individual whose name appears on
12 the registry established by this section, or
13 (D) Taking any other action to conform to the requirements of this
14 section.
15 (2) The immunity provided in this subsection shall not apply to gross negligence
16 or to wilful or wanton misconduct.
17
18 Sec. 127. Services for persons found incompetent in a criminal case.
19 (a) For a person 14 years of age or older found incompetent in a criminal case as a result
20 of intellectual disability, the District may file a written petition with the Court for a civil
21 commitment of the person to the care of the DDS. The District shall have no more than 30 days
22 from the date on which the Court finds that the person is incompetent and not likely to gain
23 competence in the foreseeable future in which to file a petition. For extraordinary cause shown,
24 the Court may extend the period of time within which the petition must be filed.
25 (b) While awaiting the District’s decision pursuant to subsection (a) of this section and
26 during the pendency of any resultant civil commitment proceedings, the Court may order the
27 person placed with the DDS in a setting that the DDS preliminarily determines can provide
28 supports and services consistent with the person’s needs, and supervision or security sufficient to
29 prevent the person from causing injury to others as a result of his or her intellectual disability.
30 (c) Proceedings for the civil commitment of a person 14 years of age or older found
31 incompetent in a criminal case pursuant to this section shall be commenced by the District filing
32 a written petition with the Court in the manner and form prescribed by the Court. A copy of the
33 petition shall be served on the person, the person’s counsel, the person’s guardian, and the
34 person’s advocate.
35 (d) Upon the filing of the petition, the Court shall promptly conduct a status hearing in
36 accordance with the procedures set forth in this section.
37 (e) Respondents shall be represented by counsel in any proceeding before the Court, and
38 shall be so informed by the Court. If a person requests the appointment of counsel or if a
39 respondent fails or refuses to obtain counsel, the Court shall appoint counsel to represent the
40 person or respondent. Whenever possible, counsel shall be appointed who has had experience
41 working with persons with intellectual disability. Counsel appointed to represent respondents and
42 persons who are unable to pay for such counsel, shall be awarded compensation by the Court for
43 his or her services in an amount determined by the Court to be fair and reasonable.
44 (f) At least 10 days prior to the hearing the DDS shall submit to the Court a written
45 report based on a comprehensive screening which has been performed in accordance with section
46 106(e) within the 6 months prior to the hearing, and a copy of an ISP which has been prepared

39
 1 within 30 days of the filing of the petition. If a petition filed in accordance with subsection (a) of
2 this section is not accompanied by such documents, the Court shall immediately order that a
3 comprehensive screening be conducted, and an ISP and a report be written. The written report
4 shall indicate:
5 (1) Whether or to what degree the person or respondent has intellectual disability;
6 (2) What supports and services the person needs; and
7 (3) The record of supports and services provided to the person, if any.
8 (g) The DDA shall provide a copy of the written report, the comprehensive screening,
9 and the ISP to the person or respondent and his or her counsel at least 10 days prior to the
10 hearing. If the petition was accompanied by a written report, comprehensive screening, or ISP,
11 the DDS shall provide copies of such documents to the respondent and his or her counsel within
12 3 days of the filing of the petition.
13 (h) If the respondent demonstrates that a comprehensive screening of a person failed to
14 comply substantially with accepted professional standards and that sound professional judgment
15 was not exercised in the performance of the evaluation, the Court, upon a motion of the
16 respondent, may order an independent comprehensive screening of the person at the District’s
17 expense if the person is unable to pay.
18 (i) Except as provided in subsection (j) of this section, hearings shall be conducted in as
19 informal a manner as may be consistent with orderly procedure. The presence of the respondent
20 may be waived only if the Court finds that the respondent has knowingly and voluntarily waived
21 his or her right to be present, or if the Court determines that the respondent is unable to be
22 present by virtue of his or her disability.
23 (j) A person may demand a jury trial, and shall be so informed of this right. The demand
24 shall be made at the status hearing. If a timely demand for jury trial is not made, the Court shall
25 serve as the factfinder at the hearing. A hearing by the Court or jury shall be accorded with all
26 reasonable speed.
27 (k) The person shall have the right to be present during the trial or hearing and to testify,
28 but shall not be compelled to testify, and shall be so advised by the Court. The person shall have
29 the right to be represented by counsel, retained or appointed by the Court, in any hearing or trial,
30 and shall be so informed by the Court of this right. The person shall have the right to call
31 witnesses and present evidence, and to cross-examine opposing witnesses.
32 (l) If the Court or jury finds that the person does not have intellectual disability or that
33 the person is not likely to cause injury to others as a result of the person’s intellectual disability if
34 allowed to remain at liberty, the Court shall dismiss the petition. If the Court or jury finds that
35 the person has intellectual disability and is likely to cause injury to others as a result of the
36 person’s intellectual disability if allowed to remain at liberty, the Court shall order civil
37 commitment to the care of the DDS for supports and services that are least restrictive to the
38 person’s liberty while preventing the person from causing injury to others as a result of the
39 person’s intellectual disability.
40 (m) The District shall present clear and convincing evidence that shows that the
41 respondent is likely to cause injury to others as a result of intellectual disability if allowed to
42 remain at liberty.
43 (n) Hearings shall be closed to the public unless the person, or his or her counsel,
44 requests that a hearing be open to the public.
45 (o) Any civil commitment order of the Court may be appealed in a like manner as other
46 civil actions.

40
 1 (p) Within 10 business of the civil commitment of a person to the care of the DDS, the
2 Court shall appoint a qualified advocate selected from a list of such advocates it maintains and
3 shall notify the person, the parent of a minor, and the person’s guardian of the appointment and
4 the person’s right to reject the services of the advocate. The services of the advocate shall be
5 delivered in accordance with the advocacy provisions of section 128.
6 (q) (1) The DDS may transfer a person who has been civilly committed to the care of
7 the DDS from one residential setting to another if the DDS determines that it would be beneficial
8 and consistent with the needs of the person to do so. By no later than 30 days before the transfer
9 date, the DDS shall notify the person, the person’s counsel, the person’s advocate, and the Court
10 of the proposed transfer. A Court hearing shall be held only if the person, the person’s counsel,
11 or an individual acting on behalf of the person requests a hearing by petitioning the Court in
12 writing within 10 days of being notified by the DDS. The Court shall hold the hearing promptly
13 following the request for the hearing. In deciding whether to authorize the transfer, the Court
14 shall:
15 (A) Consider whether the proposed residence can provide the necessary
16 supports and services and whether it would be the most integrated setting for providing such
17 supports and services;
18 (B) Consider whether the proposed residence can provide sufficient
19 supervision or security to prevent the person from causing injury to others as a result of the
20 person’s intellectual disability; and
21 (C) Give due consideration to the relationship of the person to his or her
22 family, guardian, or friends so as to maintain relationships and encourage interaction beneficial
23 to the relationships.
24 (2) Nothing in this subsection shall be construed to prohibit transfer of a person
25 to a health care facility without prior notice in an emergency situation when the life of the person
26 is in danger. In such circumstances, consent of the person, or parent or guardian who sought the
27 commitment shall be obtained prior to the transfer. In the event the person cannot consent and
28 there is no individual who can be reasonably contacted, such transfer may be made upon the
29 authorization of the DDS, with notice promptly given to the parent or guardian. Consent of the
30 person, parent, or guardian is not required if the District sought commitment. The parent,
31 guardian, counsel for the person, and advocate shall be notified promptly of the transfer.
32 (r) Any decision of the Court ordering civil commitment of a person shall be reviewed in
33 a court hearing annually. The person shall not be discharged if the Court finds that the person is
34 likely to cause injury to others as a result of his or her intellectual disability if allowed to regain
35 his or her liberty. Notice of a proposed discharge shall be served on the person, the person’s
36 guardian, the person’s counsel, the person’s advocate, and the District at least 30 days prior to
37 the proposed discharge. If the person, the person’s guardian, the person’s counsel, the person’s
38 advocate, or the District objects to the discharge, he or she, or the District, may file a petition
39 with the Court requesting a hearing in accordance with the procedures set forth in this section.
40 Any objecting party shall file the petition requesting a hearing with the Court within 10 days of
41 receiving the notice. The hearing, if one is requested, shall be held on or before the discharge
42 date. The person shall not be discharged prior to the hearing.
43 (s) If a person is discharged in accordance with the provisions of subsection (r) of this
44 section but continues to evidence the need for supports and services, it shall be the responsibility
45 of the DDS to arrange for suitable services for the person.
46 (t) Costs and expenses of all proceedings held under this section shall be paid as follows:

41
 1 (1) To expert witnesses designated by the Court, an amount determined by the
2 Court;
3 (2) To attorneys appointed under this section, fees as authorized under the
4 Criminal Justice Act (§ 11-2601 et seq.);
5 (3) To other witnesses, the same fees and mileage as for attendance at Court to be
6 paid upon the approval of the Court.
7 (u) Nothing in this section is intended to abridge the rights of persons civilly committed
8 to the care of the DDS by order of the Court in a criminal proceeding. No person civilly
9 committed to the care of the DDS in accordance with this section shall be denied supports and
10 services suited to the person’s needs. The DDS shall provide a person who has been civilly
11 committed with supports and services that will maximize the person’s abilities, enhance the
12 person’s ability to cope with the person’s environment, and create a reasonable opportunity for
13 progress toward the goal of independent living. The DDS shall provide a written certification to
14 the Court, before civil commitment to the DDS is ordered, that the supports and services
15 indicated by the person’s ISP will be implemented.
16 (v) If a person is civilly committed by the Court to the care of the DDS or is committed
17 by the Court to the DMH pursuant to subchapter IV of Chapter 5 of Title 21, or if a person is
18 temporarily placed with the DDS pursuant to subsection (b) of this section during the pendency
19 of civil commitment proceedings, and the DDS or the DMH has reason to believe that the
20 committed person or the person temporarily placed with the DDS has been dually diagnosed with
21 both mental illness and intellectual disability or developmental disability, the DDS and the DMH
22 shall collaborate in assessing the person and shall jointly provide appropriate supports and
23 services for the person.
24
25 Sec. 128. Court-appointed advocates for persons found incompetent in a criminal case.
26 (a) Persons with intellectual disability whose civil commitment is sought under section
27 127 shall have the assistance of an advocate in every proceeding and at each stage in such
28 proceedings under section 127; however, a person may knowingly reject the services of an
29 advocate and shall be so advised by the Court. An advocate whose services have been rejected
30 shall not have the rights set forth in subsections (d), (e), (f), and (k) of this section. If a person
31 who has rejected the services of an advocate at any time withdraws the rejection, the Court shall
32 promptly assign an advocate to the person.
33 (b) Upon receipt of the petition for civil commitment filed pursuant to section 127 the
34 Court shall appoint a qualified advocate selected from a list of such advocates it maintains.
35 (c) A person may at any time request and receive a change in the person’s assigned
36 advocate within 21 calendar days after the person makes the request.
37 (d) An advocate shall have the following powers and duties with respect to the person to
38 whom the advocate has been assigned:
39 (1) To inform the person of the person’s rights under this act and to support the
40 person to exercise his or her rights;
41 (2) To become and remain personally acquainted with the person and to maintain
42 sufficient contact with the person to know of the person’s needs, preferences, goals, and
43 communication methods;
44 (3) To advocate on the basis of the expressed preferences of the person or, if the
45 person’s preferences cannot be determined, to advocate on the basis of the person’s best
46 interests;

42
 1 (4) To support the person in such a manner as to encourage self-reliance and to
2 enable the person to exercise rights, to communicate needs, preferences, and goals, and to
3 participate to the greatest extent possible in the planning and delivery of supports and services;
4 (5) To monitor and report to the Court on implementation of the person’s ISP and
5 related court orders; and
6 (6) If so authorized by the Court, to grant, refuse, or withdraw consent on behalf
7 of an adult person to whom the advocate has been assigned with respect to the provision of any
8 health-care service, treatment, or procedure, consistent with the provisions of Chapter 22 of Title
9 21 of the District of Columbia Official Code.
10 (f) Unless a person objects, an advocate shall:
11 (1) Receive notice and have the right to participate in all meetings, conferences,
12 or other proceedings relating to any matter affecting provision of supports and services to the
13 person to whom the advocate has been assigned, including the ISP, and any petitions and
14 hearings before the Court related to the person’s rights, supports, and services;
15 (2) Have access to all records, reports, and documents relating to the person to
16 whom the advocate has been assigned;
17 (3) Have access to all personnel and providers responsible for providing supports
18 and services to the person to whom the advocate has been assigned; and
19 (4) Consult with the person’s family, providers, and others concerned with the
20 person’s supports and services.
21 (g) All communication between an advocate and the person to whom the advocate has
22 been assigned shall remain confidential and privileged as if between counsel and client.
23 (h) An advocate shall complete a screening, a criminal background check, and a training
24 course in accordance with standards established by the Court.
25 (i) An advocate shall limit his or her caseload to a size that permits the advocate to fulfill
26 the duties of the advocate established by this section, and to maintain regular and reasonable
27 contact with each person, including a minimum of one visit per month, unless otherwise
28 specified by the Court based on the expressed preferences of the person.
29 (j) Advocates shall be provided directly by the Court, by a contract with individuals or
30 organizations, or by an agreement with the DDS to provide advocates through the advocate
31 program established by section 107. The Court shall ensure that any contracts and agreements
32 provide that each advocate shall be independent of any public or private agency that provides
33 supports and services pursuant to section 111 or section 112.
34 (k) Advocates shall have supervision and shall be provided with facilities and other
35 support services sufficient to enable them to carry out their duties under this act.
36 (l) In the development of the advocacy program the Court shall explore and seek out
37 potential sources of funding at the federal and District levels.
38 (m) The Court shall promulgate such rules amplifying and clarifying this section as it
39 deems necessary.
40
41 Sec. 129. Legislative review and reporting.
42 (a) By January 1 of each year for the 3 fiscal years immediately following the effective
43 date of this act, the Mayor shall submit to the Council a comprehensive report on all activities
44 carried out under this act during the previous fiscal year. The report shall include:

43
 1 (1) A profile of all persons and families served under this act, which shall include Deleted: monthly and
2 annual demographic data and a discussion of recent trends and projected changes in the Deleted: s 115 and
3 demographic data and the needs and preferences of such persons and families; Deleted: the following
4 (2) A narrative description of the activities carried out under each section of this Deleted: (ii) At any time during the
5 act; prior fiscal year, had an emergency
guardian authorized to make health-care
6 (3) Quarterly and annual numbers of persons and families requesting eligibility decisions or a health-care guardian;¶
7 determinations, aggregate date on the disposition of such eligibility determinations, and quarterly (iii) Have executed a durable power of
attorney in accordance with D.C. Official
8 and annual numbers of persons and families receiving each type of support or service; Code § 21-2205;¶
9 (4) A plan for how the DDA will comply with section 116 during the upcoming (iv) Have been offered an opportunity to
execute a durable power of attorney
10 fiscal year and aggregate statistics with regard to persons receiving supports and services from pursuant to D.C. Official Code § 21-2205
11 the DDA during the previous fiscal year: and declined;¶
(v) Have a person identified as
12 (A) The number of persons who: reasonably available, mentally capable,
13 (i) Have a general guardian, a limited guardian, a health-care and willing to provide substituted consent
pursuant to D.C. Official Code § 21-
14 guardian, or an emergency guardian as of the end of the prior fiscal year; 2210; or¶
15 (ii) Lack any available substitute health-care decision-maker; Deleted: v
16 (B) The number of requests for consent referred to the independent panel Deleted: (B) The numbers of persons
17 authorized in section 116 and an analysis of outcomes, monthly and yearly trends, and requests taking psychotropic medications as of the
18 for review by the HRAC of decisions made by the independent panel; and end of the previous fiscal year, and an
assessment of the degree to which health-
19 (D) The number of petitions filed by the District with the Court for an care decision-making support for the
20 emergency guardian, a health-care guardian, a general guardian, or a limited guardian andthe prescription of psychotropic medication
may be required for these persons;¶
21 average time elapsed between the filing of a petition and the appointment of each type of
Deleted: C
22 guardian.
Formatted: Indent: First line: 1.5"
23 (5) (A) The monthly, annual, and year-end number of complaints filed with the
24 problem resolution office established by section 118, and aggregate data on the nature and Deleted: : ¶
(i) A profile of the categories of health-
25 disposition of the complaints; care needs and medical treatments that
26 (B) The monthly, annual and year-end number of appeals of ineligibility led the District to petition the Court for
each type of guardian; ¶
27 filed with the DDS under section 118, and aggregate data on the disposition of the appeals; and (ii) T
28 (C) The monthly, annual, and year-end number of complaints brought Deleted: ; and¶
29 against the DDS before the Office of Administrative Hearings and the Court, and aggregate data (iii) An analysis of the statistics described
in this paragraph, identification of yearly
30 on the nature and disposition of those complaints; and multiyear trends, and a plan for
31 (6) A report on the DDA’s quality management improvement system, which remedial measures to be taken when the
statistics identify process or service
32 presents and analyzes aggregate data that assess the effectiveness of supports and services, deficiencies;
33 quality enhancement activities, and interagency agreements under this act and identifies any Deleted: (9) Recommendations for any
34 need for related system improvements, targeted monitoring, and enhancements; needed changes to this act; and¶
(10) Recommendations for any needed
35 (7) A discussion of supports and services that are needed but not currently revisions to the current fiscal year budget
36 provided and identification of any legislative or regulatory changes which may be required to and subsequent fiscal year budget.¶
37 address unmet service needs; and Deleted: (c) The DDA shall produce a
quarterly report on all substituted consent
38 (8) A report card on the DDA’s implementation of the Comprehensive activities pursuant to section 115 and 116
39 Developmental Disabilities Services Plan; until October 2010. Quarterly reports
shall be complete by the 15th day of
40 (b) By no later than 10 years after the effective date of this act, the Mayor shall: October, January, April, and July and
41 (1) Conduct a comprehensive review to determine if the goals and objectives and shall include:¶
(1) Statistics describing:¶
42 of this act have been met and to identify any legislative changes needed to improve the (A) Petitions filed by the District with
43 effectiveness of this act; and the Court for an emergency guardian, a
health-care guardian, a general guardian,
44 (2) Submit to the Council a report summarizing the results of the review and or a limited guardian;¶
45 recommendations for legislative changes, if any. (B) The nature of the health-care needs
and medical treatments that led the
46 District to file each petition; and¶
(C) The time elapsed between each... filing
[4]

44
 1 Sec. 130. Plain language required; plans and reports to be made available to the public.
2 (a) All notices, letters, written information, plans, and reports required under this act
3 shall be written in plain language.
4 (b) The Mayor shall submit all plans and reports required under this act to:
5 (1) The Council;
6 (2) The protection and advocacy agency; and
7 (3) Any external advocacy agency designated by the DDA.
8 (c) The DDS shall make all plans and reports required under this act available on its
9 website within 5 business days of publication, and shall provide copies to the public upon Deleted: one
10 request.
11
Deleted: I
12 Sec. 131. Rulemaking.
Deleted: 6
13 (a) The Director of the DDS, in accordance with the District of Columbia Administrative
14 Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), Deleted: 3

15 shall have the authority to issue rules as necessary to implement the provisions of this act, except Deleted: develop a comprehensive plan
for the District to meet
16 that the Mayor shall issue rules to implement the provisions of section 125.
Deleted: the findings and achieve the
17 (b) Except where longer time frames are contemplated by this act for rulemaking, initial purposes stated in section 102
18 proposed rulemaking to implement the provisions of this act shall be issued by 9 months after the Deleted: The Task Force shall be
19 effective date of this act; however, initial proposed rulemaking for sections 118 and 123 shall be composed of:¶
20 published by 6 months after the effective date of this act. (1) Fifteen voting members of whom one
shall also be a member of the Family
21 Support Council established by section
22 Sec. 132. Comprehensive Developmental Disabilities Services Task Force. 113. The 15 voting members shall
include:¶
23 (a) There is established a Comprehensive Developmental Disabilities Services Task (A) Eight residents with developmental
24 Force (“Task Force”) to advise the Department on Disability Services on policies, programs, disabilities including persons receiving
supports and services from the DDA;¶
25 services, and priorities for meeting the current and future community living supports and services (B) Four parents and other family
26 needs of residents of all ages with developmental disabilities and their families in a manner most members of residents with developmental
disabilities; and¶
27 likely to promote the mission of the DDS. (C) Three representatives of community
28 (b) The DDS shall draft procedures for the Task Force establishing membership groups or experts; and¶
(2) Non-voting directors of agencies that
29 eligibility and composition of the Task Force, the process for selecting members to serve on the currently or potentially serve residents
30 Task Force, the leadership structure of the Task Force, the objectives of the Task Force, and a with developmental disabilities and their
families, including the CFSA, the DHCF,
31 process for assigning projects to the Task Force. A majority of the inducting members of the the DHS, the DMH, the DOH, the Office
32 Task Force shall adopt the procedures. on Aging, and the ODR. Agency
directors or their designees shall attend
33 all regular Task Force meetings.¶
34 (d) The Task Force shall be co-chaired by the Director of the DDS or the Director’s (c) The Director of the DDS shall
appoint the 15 voting Task Force
35 designee, a person with a developmental disability, and a family member of a person with a members by 60 days after the effective
36 developmental disability. The person and family member in the co-chair roles shall be selected date of this act. The Director of the DDS
shall solicit nominations from the public
37 by the Task Force members. for the voting members of the Task
38 (e) The DDS shall provide staff assistance and support to the Task Force. Force, and shall publish and widely
disseminate a proposed list of voting
39 (f) The Task Force shall take steps to obtain widespread public input which may include Task Force members for public comment
40 sponsoring public forums, conducting focus groups, and creating committees. by 30 days after the effective date of this
act. The Director of the DDS shall
41 (g) The Task Force shall meet at least monthly. Task Force meetings shall be publicized endeavor to appoint at least 1 voting
42 and made open to the public. member from each Ward of the District.

43 (h) Task Force procedures, agendas, minutes, and reports shall be made readily available Deleted: and shall be widely
publicized
44 to the public.
Deleted: The Task Force may enact
45 rules of procedure or bylaws to guide its
46 Sec. 133. Comprehensive Developmental Disabilities Services Plan. operation.
Deleted: rules, bylaws,

45
 1 (a) The Comprehensive Developmental Disabilities Services Task Force (“Task Force”)
2 shall:
3 (1) By 18 months after the effective date of this act, issue a draft Comprehensive Deleted: 6
4 Developmental Disabilities Services Plan;
5 (2) By 24 months after the effective date of this act, present the final Deleted: 9
6 Comprehensive Developmental Disabilities Services Plan to the Mayor and Council; and
7 (3) Develop regulations to implement the expansions of eligibility, supports, and Deleted: Assist the Director of the DDS
in d
8 services pursuant to subsection (b)(3)(A) of this section.
9 (b) The DDS shall consider the following goals and policy objectives when developing Deleted: ing

10 the Comprehensive Developmental Disabilities Services Plan: Deleted: recommended by the Task
Force
11 (1) The findings, purpose, and objectives stated in section 102;
Deleted: Task Force
12 (2) The design, phase in, and delivery of new supports and services to meet the
13 unmet needs of children, youth, and adults with developmental disabilities who prior to the
14 effective date of this act were not eligible for DDA services, including persons with autism,
15 persons with developmental disabilities living with aging parents, parents with developmental
16 disabilities, and persons with developmental disabilities that are primarily physical in nature;
17 (3) The design, phase in, and delivery of new supports and services to meet the
18 unmet needs of families of children, youth, and adults with developmental disabilities; and
19 (4) The strengthening and expansion of supports and services for persons who
20 were eligible for DDA services prior to the effective date of this act, including persons who have
21 co-occurring behavioral health needs.
22 (c) The Comprehensive Developmental Disabilities Services Plan shall include:
23 (1) A profile of District residents with developmental disabilities and their
24 families which shall include data on the current and projected prevalence, disability and
25 demographic characteristics, living arrangements, resources, and unmet needs of such residents
26 over the next 5 years; Deleted: one year,
27 (2) A clear and concise description of the successes and challenges faced by the Deleted: , 10 years, and 20 years
28 District in meeting the needs of residents with developmental disabilities and their families; and
29 (3) Strategies for the District to: Deleted: Recommendations
30 (A) Over the 4 years after the effective date of this act, expand eligibility Deleted: 2
31 and implement new supports and services for the DDA to meet the unmet needs of residents with
32 the full range of developmental disabilities and their families, including incremental expansions
33 of eligibility between 1 and 4 years after the effective date of this act; Deleted: 12 and 24 months
34 (B) Build the District’s short-term and long-term capacity to meet the
35 needs of residents with developmental disabilities and their families;
36 (C) Meet current and future unmet needs for community supports and
37 services in the most effective, efficient, fair and financially sustainable manner;
38 (D) Ameliorate and eliminate barriers to supports and services;
39 (E) Build on strengths that exist in the system while creating systemic
40 improvements, innovation, coordination, interagency data sharing, and other systemic reforms;
41 (F) Reduce turnover and increase the qualifications of staff that directly
42 support persons with developmental disabilities, using methods which include certification and
43 improvements to training, educational opportunities, pay, and benefits;
44 (G) Continuously identify and integrate best practices into the system as it
45 evolves;

46
 1 (H) Make maximum use of federal funding streams to fund DDA
2 activities; and
3 (I) Manage waiting lists for DDA supports and services in a way that
4 assures that:
5 (i) Persons on waiting lists begin to receive supports and services
6 at a reasonable pace that is based on a fair, equitable, and consistent method of adjusting support
7 and service levels based on the intensity and immediacy of the needs of the person, the person’s
8 family, and other relevant circumstances affecting the support of the person;
9 (ii) Persons on waiting lists receive supports and services as
10 resources become available; and
11 (iii) In a transparent manner, subject to the confidentiality
12 requirements of section 122, persons and their families are kept up on date on when they can
13 expect to begin to receive supports and services.
14 (d) Each strategy identified under subsection (c)(3) shall identify the agency or agencies Deleted: recommendation
15 responsible for implementing the recommendation and discuss the commitments that each
16 agency has made.
17 (e) The DDS shall widely disseminate the documents required under subsection (a) of Deleted: Task Force
18 this section in a variety of accessible and readily understandable formats. The Task Force shall
19 sponsor public forums and other activities to obtain comment on the draft plan from District
20 residents with developmental disabilities, their families, community organizations, providers,
21 and the public.
22 (f) By 5 years after the DDS presents the initial Comprehensive Developmental Deleted: (f) In accordance with the
District of Columbia Administrative
23 Disabilities Services Plan to the Mayor and Council, and in 5 year increments thereafter, the Procedure Act, approved October 21,
24 Director of the DDS shall issue an update to the Comprehensive Developmental Disabilities 1968 (82 Stat. 1204; D.C. Official Code §
2-501 et seq.), the Director of the DDS
25 Services Plan. may issue regulations and take any other
26 actions necessary to implement the
expansions of eligibility, supports, and
27 Sec. 134. Repeal of Mentally Retarded Citizens Constitutional Rights and Dignity Act. services recommended by the Task Force
28 The Mentally Retarded Citizens Constitutional Rights and Dignity Act of 1978, effective pursuant to subparagraph (b)(3)(A) of this
section.¶
29 March 3, 1979 (D.C. Law 2-137; D.C. Official Code § 7-1301.01 et seq.), is repealed. All
30 existing rules shall remain in effect until superseded by rules promulgated under this act, except Deleted: g

31 where such existing rules conflict with this act. Deleted: Task Force

32 Deleted: appoint a new task force to

33 TITLE II. TRANSITION FROM ADMISSION AND COMMITMENT.
34
35 Sec. 201. Short title.
36 This act may be cited as the “Transition from Admission and Commitment Act of 2009”.
37
38 Sec. 202. Purpose.
39 It is the intent of the Council to:
40 (1) Provide a transition period that:
41 (A) Extends, for 24 months after the effective date of this act, the commitment of Deleted: 36
42 all persons who were committed to a facility pursuant to the Mentally Retarded Citizens
43 Constitutional Rights and Dignity Act of 1978, effective March 3, 1979 (D.C. Law 2-137; D.C.
44 Official Code § 7-1301.01 et seq.); and

47
 1 (B) Provides an orderly process to transition, 24 months after the effective date of Deleted: 36
2 this act, all persons to the new comprehensive system of rights, supports and services provided
3 under the Developmental Disabilities Rights and Services Act of 2009;
4 (2) Require the Council to conduct oversight over whether the DDS is on schedule to Deleted: Provide a process for the
Council to certify that the District has met
5 fully implement the Comprehensive Developmental Disabilities Services Plan and the plan for certain benchmarks as a condition of
6 terminating the commitment of all persons who are committed to the care of the DDS pursuant to completing the transition period; and
7 section 204; and
8 (3) During the transition period, provide persons who were committed to a facility
9 pursuant to the Mentally Retarded Citizens Constitution Rights and Dignity Act of 1978,
10 effective March 3, 1979 (D.C. Law 2-137; D.C. Official Code § 7-1301.01 et seq.), with
11 procedures and rights, including the right to legal representation, a court-appointed advocate, and
12 a final annual court review. Deleted: an
13
14 Sec. 203. Definitions.
15 For purposes of this act:
16 (1) “Admission” means the voluntary entrance by a person who has at least moderate
17 intellectual disability into an institution or residential facility.
18 (2) “Best interests” means promoting personal well-being by assessing:
19 (A) The reason for the proposed action, its risks and benefits, and any alternatives
20 considered and rejected; and
21 (B) The least intrusive, least restrictive, and most normalizing course of action
22 possible to provide for the needs of the person.
23 (3) “Commitment” means the placement with the DDS, pursuant to a court order, of a
24 person who has at least moderate intellectual disability without the consent of the person; except
25 it shall not include placement for respite services.
26 (4) “Competent” means to have the mental capability to appreciate the nature and
27 implications of a decision, choose between or among alternatives presented, and communicate
28 the choice in an unambiguous manner.
29 (5) “Court” means the Superior Court of the District of Columbia.
30 (6) “DDS” means the Department on Disability Services established by the Department
31 on Disability Services Establishment Act of 2006, effective March 14, 2007 (D.C. Law 16-264;
32 D.C. Official Code § 7-761.03).
33 (7) “DMH” means the Department of Mental Health established by the Department of
34 Mental Health Establishment Amendment Act of 2001, effective December 18, 2001 (D.C. Law
35 14-56; D.C. Official Code § 7-1131.01 et seq.).
36 (8) “Employee” means an individual receiving a salary from the District government, the
37 Superior Court, or the or the advocate program established by section 107 of the Developmental
38 Disabilities Rights and Services Act of 2009.
39 (9) “Facility” means a public or private residence, or part thereof, which is licensed by
40 the District as a skilled or intermediate care facility or a community residential facility (as
41 defined in D.C. Regulation 74-15, as amended) and also includes any supervised group residence
42 for persons with intellectual disability under 18 years of age. For persons committed the term
43 “facility” may include a physically secure facility or a staff-secure facility, within or without the
44 District of Columbia. The term “facility” does not include a jail, prison, other place of
45 confinement for persons who are awaiting trial or who have been found guilty of a criminal
46 offense, or a hospital for persons with mental illness within the meaning of § 24-501.

48
 1 (10) “Family” means:
2 (A) A group of individuals that:
3 (1) Is related by blood, marriage, domestic partnership, adoption, or legal
4 custody; or
5 (2) Considers themselves a family based upon bonds of affection, which,
6 for the purposes of this act, means enduring ties that do not solely depend upon the existence of
7 an economic relationship; or
8 (B) Any other family unit as the DDS may define in rules.
9 (11) “Individual support plan” or “ISP” means a document prepared pursuant to section
10 109 of the Developmental Disabilities Services and Rights Act of 2009 that identifies and
11 authorizes the supports and services to comprehensively meet the person’s assessed needs in
12 accordance with the person’s expressed preferences, goals, and decisions concerning his or her
13 life in the community.
14 (12) “Intellectual disability” or “persons with intellectual disability” means a substantial
15 limitation in capacity that manifests before 18 years of age and is characterized by significantly
16 subaverage intellectual functioning, existing concurrently with 2 or more significant limitations
17 in adaptive functioning.
18 (13) “Most integrated setting” means a setting that enables persons with disabilities to
19 interact with persons without disabilities to the fullest extent possible.
20 (14) “Protection and advocacy agency” means the designated state protection and
21 advocacy agency for the District established pursuant to the Developmental Disabilities
22 Assistance and Bill of Rights Act of 2000, approved October 30, 2000 (114 Stat. 1712; 42 U.S.C.
23 § 15041 et seq.).
24 (15) “Provider” means an individual or entity that:
25 (A) Is duly licensed or certified to provide supports and services; or
26 (B) Has entered into an agreement with the DDA to provide supports and
27 services.
28 (16) “Respite services” means temporary supports and services provided to a person,
29 upon application of the person, the person’s parent, the person’s guardian, or a family member of
30 the person, for the temporary relief of such parent, guardian, or family member, who normally
31 provides for supports and services for the person or for the temporary relief of the person.
32 (17) “Resident of the District of Columbia” means a person who maintains his or her
33 principal place of abode in the District, including a person who would be a resident of the
34 District of Columbia if the person had not been placed in an out-of-state setting by the District. A
35 person with a developmental disability who is under 21 years of age shall be deemed to be a
36 resident of the District of Columbia if the custodial parent of the person is a resident of the
37 District of Columbia
38 (18) “Respondent” means the person whose continued commitment is being sought in
39 any proceeding under this act.
40 (19) “Supports and services” means all supports and services provided, funded,
41 regulated, or coordinated by the DDA pursuant to the Developmental Disabilities Rights and
42 Services Act of 2009 for the purpose of meeting the needs of persons with developmental
43 disabilities and their families.
44 (20) “Transition period” means a time of 24 months after the effective date of this act Deleted: no less than 36
45 during which persons who were committed to a facility pursuant to section 304(b) or section 306
46 of the Mentally Retarded Citizens Constitutional Rights and Dignity Act of 1978, effective

49
 1 March 3, 1979 (D.C. Law 2-137; D.C. Official Code §§ 7-1303.04(b) and 7-1303.06) shall be
2 committed to the care of the DDS.
3
4 Sec. 204. Transition period.
5 After the effective date of this act, a person who was committed to a facility pursuant to
6 section 304(b) or section 306 of the Mentally Retarded Citizens Constitutional Rights and
7 Dignity Act of 1978, effective March 3, 1979 (D.C. Law 2-137; D.C. Official Code §§ 7-
8 1303.04(b) and 7-1303.06) shall be considered committed to the care of the DDS until:
9 (1) The completion of the transition period pursuant to section 207; or
10 (2) The termination of the person’s commitment pursuant to section 211 or 212.
11
12 Sec. 205. New admission and commitment prohibited during transition period.
13 (a) After the effective date of this act, no person shall be newly admitted or committed to
14 a facility pursuant to the admission and commitment processes and procedures established by
15 titles III and IV of the Mentally Retarded Citizens Constitutional Rights and Dignity Act of
16 1978, effective March 3, 1979 (D.C. Law 2-137; D.C. Official Code § 7-1301.01 et seq.).
17 (b) Nothing in this section shall be construed to void the commitment of a person who
18 has been found incompetent in a criminal case and has been committed to the DDS for placement
19 in a facility pursuant to section 406a of the Mentally Retarded Citizens Constitutional Rights and
20 Dignity Act of 1978, effective March 3, 1979 (D.C. Law 2-137; D.C. Official Code § 7-
21 1304.06a).
22
23 Sec. 206. Preparation for completion of transition period.
24 (a) The Court and the District shall work collaboratively to achieve the objectives of this
25 act and shall fully involve the various stakeholders in ongoing planning and implementation
26 activities to prepare for completion of the transition period.
27 (b) By no later than 9 months after the effective date of this act the District shall: Deleted: 24
28 (1) Prepare a work plan for transitioning persons to the new system of advocates
29 provided under the Developmental Disabilities Rights and Services Act of 2009 which shall Deleted: and legal services
30 include procedures to transfer the advocate program from the Court to the District pursuant to
31 section 215; and
32 (2) Conduct a survey of all persons committed to the care of the DDS pursuant to
33 section 204 to determine the level of need for advocates for the first 3 fiscal years after the Deleted: and legal services
34 completion of the transition period pursuant to section 207. To complete the survey, the District
35 shall enter into an agreement, contract, or grant with a qualified private, nonprofit corporation,
36 organization, or consortia of organizations that is independent of any public or private agency
37 that provides advocacy, supports, or services pursuant to sections 107, 111, or 112 of the Deleted: legal representation,
38 Developmental Disabilities Rights and Services Act of 2009. Deleted: 108,
39 (c) During the transition period:
40 (1) The advocate program established by section 214 shall educate persons about
41 the changes in rights, supports and services, and commitment under the Developmental
42 Disabilities Reform Act of 2009 and the right to request termination of commitment pursuant to
43 section 211;
44 (2) The advocate program established by section 214 shall assist persons to
45 request termination of commitment pursuant to section 211, if so desired by the person; and

50
 1 (3) Counsel appointed by the Court to represent persons shall assist persons to Deleted: Thirty-four
2 request termination of commitment pursuant to section 211, if so desired by the person.
Deleted: a
3 (d) Nothing in this act shall be construed to void the commitment of a person who has
Deleted: completing the transition
4 been found incompetent in a criminal case, who is not likely to gain competency in the period and
5 foreseeable future, and who has been committed to the care of the DDS by the Court pursuant to Deleted: certify
6 section 406a of the Mentally Retarded Citizens Constitutional Rights and Dignity Act of 1978,
Deleted: District has met the following
7 effective March 3, 1979 (D.C. Law 2-137; D.C. Official Code § 7-1304.06a) for placement in a benchmarks
8 facility consistent with the person’s ISP, the person’s needs, and supervision or security Deleted: The District h
9 sufficient to prevent the person from causing injury to others as a result of his or her intellectual Deleted: The District h
10 disability. After the effective date of this act, processes and procedures for transfer, requests for
Deleted: The District has implemented
11 termination of such persons’ commitment, and periodic review of such persons’ commitment
Deleted: the Developmental
12 shall be conducted in accordance with section 127 of the Developmental Disabilities Rights and Disabilities Rights and Services Act of
13 Services Act of 2009. 2009 and has provided the program with
a funding increase that is sufficient for
14 the program meet the increase in need for
15 Sec. 207. Completion of transition period. advocates identified by the survey
completed pursuant to section 206(c)(2);
16 (a) Eighteen months after the effective date of this act the Mayor shall submit to the
Deleted: (4) The District has
17 Council the draft Comprehensive Developmental Disabilities Services Plan and a plan for implemented the legal services program
18 terminating the commitment of all persons who are committed to the care of the DDS pursuant to pursuant to section 108 of the
Developmental Disabilities Rights and
19 section 204 (“plan for terminating commitment”). Services Act of 2009 and has provided
20 (b) In the plan for terminating commitment, the Mayor shall verify that the DDS: the program with a funding increase that
is sufficient for the program meet the
21 (1) Has developed and implemented the work plan required by section 206(c)(1); increase in need for legal services
22 (2) Has completed the survey required by section 206(c)(2); identified by the survey completed
pursuant to section 206(c)(2); and
23 (3) Is on schedule to fully implement the advocate program pursuant to section
24 107 of within 24 months after the effective date of this act; and Deleted: The District has implemented

25 Deleted: and staffed the problem

resolution office
26 (5) Is on schedule to fully implement the internal problem resolution system
Deleted: the Developmental
27 pursuant to section 118 of within 24 months after the effective date of this act. Disabilities Rights and Services Act of
28 (c) The Council shall hold a public hearing on the draft Comprehensive Developmental 2009.
29 Disabilities Services Plan and the plan for terminating commitment within 45 days (excluding Deleted: b
30 Saturdays, Sundays, and holidays) after the plan required under subsection (a) of this section is Deleted: plan
31 submitted to it by the Mayor. Deleted: (c) If the Council does not
32 (d) The plan required under subsection (a) of this section shall be written in plain adopt, within 60 days (excluding
Saturdays, Sundays, and holidays) after
33 language. The DDS shall make the plan available on its website by one business day after the the plan required under subsection (a) of
34 plan is submitted by the Mayor to the Council, and shall provide copies to the public upon this section is submitted to it by the
Mayor, a resolution disapproving such
35 request. plan, the commitment of all persons
36 (e) Twenty-four months from the effective date of this act, the commitment of all under this act shall terminate, except for
the commitment of a person found
37 persons under this act shall terminate, except for the commitment of a person found incompetent incompetent in a criminal case who is not
38 in a criminal case who is not likely to gain competency in the foreseeable future and who has likely to gain competency in the
foreseeable future and who has been
39 been committed to the care of the DDS by the Court. committed to the care of the DDS by the
40 Court.¶
(d) If the Council adopts a resolution
41 Sec. 208. Rights during transition period. disapproving the plan required under
42 (a) No person who is committed to the care of the DDS pursuant to section 204 shall be subsection (a) of this section, the
commitment of persons under this act
43 denied supports and services suited to the person’s needs, regardless of the person’s age or the shall continue until all requirements
44 degree or type of the person’s disability. The DDA shall provide such a person with supports and under the plan have been met or the
person’s commitment has been
45 services that will maximize the person’s human abilities, enhance the person’s ability to cope terminated pursuant to section 211 or
212. By 6 months after the Council ... [5]
Deleted: e

51
 1 with the person’s environment, and create a reasonable opportunity for progress toward the goal
2 of independent living.
3 (b) A determination by the Court that a person age 14 years of age or older is
4 incompetent to refuse commitment shall not be relevant to a determination of the person’s
5 competency with respect to other matters not considered by the Court.
6 (c) Any person who has been committed to the care of the DDS pursuant to section 204
7 retains all rights not specifically denied him or her under this act, including rights of habeas
8 corpus, and has all rights provided under the Developmental Disabilities Rights and Services Act
9 of 2009.
10 (d) If a person is committed to the care of the DDS pursuant to section 204 or is
11 committed by the Court to the DMH pursuant to subchapter IV of Chapter 5 of Title 21, and the
12 DDS or the DMH has reason to believe that the committed person or the person temporarily
13 placed with the DDS has been dually diagnosed with both mental illness and intellectual
14 disability, the DDS and the DMH shall collaborate in assessing the person and shall jointly
15 provide appropriate supports and services for the person.
16
17 Sec. 209. Support planning during transition period.
18 During the transition period, a person who is committed to the care of the DDS pursuant
19 to section 204 shall have an ISP that is developed and updated pursuant to sections 109 and 110
20 of the this act. Deleted: Developmental Disability
Rights and Services Act of 2009
21
22 Sec. 210. Transfer during transition period.
23 During the transition period, a person who is committed to the care of the DDS pursuant
24 to section 204 may be transferred as follows:
25 (1) The DDS may transfer a person from one residential setting to another if the person
26 consents and if the DDS determines that it would be beneficial and consistent with the support
27 and service needs of the person to do so. By no later than 21 days before the transfer date, the Deleted: 30
28 DDS shall notify the person, the person’s counsel, the person’s advocate, if one has been
29 appointed, the person’s parent or guardian who petitioned for the commitment, and the Court. A
30 Court hearing shall be held only if the person or the person’s parent or guardian requests a
31 hearing by petitioning the Court in writing within 10 days of being notified by the DDS. The
32 Court shall hold the hearing promptly following the request for the hearing. In deciding whether
33 to authorize the transfer, the Court shall consider whether the proposed residential setting can
34 provide the necessary supports and services and whether it would be the most integrated setting
35 for providing such supports and services. Due consideration shall be given to the relationship of
36 the person to his or her family, guardian, or friends so as to maintain relationships and encourage
37 visits beneficial to the relationship.
38 (2) Nothing in this section shall be construed to prohibit transfer of a person to a health
39 care facility without notice in an emergency situation when the life of the person is in danger. In
40 such circumstances, consent of the person, or parent or guardian who sought the commitment
41 shall be obtained prior to the transfer. In the event the person cannot consent and there is no
42 individual who can be reasonably contacted, such transfer may be made upon the authorization
43 of the DDS, with notice promptly given to the parent or guardian. The parent, guardian, counsel
44 for the person, and advocate shall be notified promptly of the transfer.
45
46 Sec. 211. Request for termination of commitment during transition period.

52
 1 (a) During the transition period, the Court shall order termination of the commitment of a
2 person who is committed to the care of the DDS pursuant to section 204 if the person, the
3 person’s counsel, the person’s advocate, the parent or guardian who petitioned for the person’s
4 commitment, or other legal representative requests the person’s release in writing to the Court
5 and the Court determines, based on consultation with the person, the person’s counsel, and the
6 person’s advocate, if one has been appointed, that the person consents to such release.
7 (b) The Court may conduct a hearing in accordance with the procedures set forth in
8 section 213 to determine the question of competence. The Court shall order termination of the
9 commitment unless the Court finds the following beyond a reasonable doubt:
10 (1) The person is a resident of the District of Columbia;
11 (2) The person is incompetent to refuse commitment;
12 (3) Based on the person’s ISP, the person has at least moderate intellectual
13 disability and requires supports and services;
14 (4) The person has benefited from the supports and services;
15 (5) Commitment is necessary in order for the person to receive the supports and
16 services indicated by the person’s ISP; and
17 (6) The DDS is capable of providing the required supports and services and the
18 supports and services are provided in the most integrated setting.
19 (c) If the Court terminates the commitment of a person in accordance with this section
20 but the person continues to evidence the need for supports and services, it shall be the
21 responsibility of the DDS to arrange for suitable supports and services for the person.
22
23 Sec. 212. Annual hearing during transition period.
24 (a) During the transition period, the commitment of a person pursuant to section 204 Deleted: with
25 shall be reviewed in a Court hearing annually. The Court shall conduct the hearing in accordance
26 with the procedures set forth in section 213. The Court shall order termination of the
27 commitment unless the Court finds the following beyond a reasonable doubt:
28 (1) The person is a resident of the District of Columbia;
29 (2) The person is incompetent to refuse commitment;
30 (3) Based on the person’s ISP, the person has at least moderate intellectual
31 disability and requires supports and services;
32 (4) The person has benefited from the supports and services;
33 (5) Commitment is necessary in order for the person to receive the supports and
34 services indicated by the person’s ISP; and
35 (6) The DDS is capable of providing the required supports and services and the
36 supports and services are provided in the most integrated setting.
37 (b) If the Court terminates the commitment of a person in accordance with this section
38 but the person continues to evidence the need for supports and services, it shall be the
39 responsibility of the DDS to arrange for suitable supports and services for the person.
40
41 Sec. 213. Hearing procedures during transition period.
42 (a) During the transition period, a request for a hearing under this act shall be
43 commenced by the filing of a written petition with the Court in the manner and form prescribed
44 by the Court. The petition may be filed by the person, the person’s counsel, the person’s
45 advocate, the parent or guardian who petitioned for the person’s commitment, or other legal
46 representative.

53
 1 (b) Respondents have the right to be represented by counsel, retained or appointed by the
2 Court, in any proceeding held before the Court, and shall be informed by the Court of this right.
3 If a respondent fails or refuses to obtain counsel, the Court shall appoint counsel to represent the
4 respondent. Whenever possible, counsel shall be appointed who has had experience in the
5 intellectual disability area. Counsel appointed to represent respondents shall be awarded
6 compensation by the Court for his or her services in an amount determined by the Court to be
7 fair and reasonable.
8 (c) Upon notification of a request for a hearing under this act, the DDS shall submit to
9 the Court a copy of the person’s ISP and a record of supports and services. A copy of the ISP and
10 the record of supports and services shall be provided to the person, the person’s counsel, and to
11 the petitioner if other than the person or counsel, at least 10 days prior to the hearing.
12 (d) The Court shall conduct a hearing promptly after filing of the petition pursuant to
13 subsection (a) of this section. Any hearing shall be conducted in as informal a manner as may be
14 consistent with orderly procedure, and shall be closed to the public unless the respondent, or his
15 or her counsel, requests that a hearing be open to the public. The respondent shall have the right
16 to be present during hearings and to testify, but shall not be compelled to testify, and shall be so
17 advised by the Court. The respondent shall have the right to call witnesses and present evidence,
18 and to cross-examine opposing witnesses.
19 (e) Costs and expenses of all proceedings held under this act shall be paid as follows:
20 (1) To expert witnesses designated by the Court, an amount determined by the
21 Court;
22 (2) To attorneys appointed under this act, fees as authorized under the Criminal
23 Justice Act (§ 11-2601 et seq.);
24 (3) To other witnesses, the same fees and mileage as for attendance at Court to be
25 paid upon the approval of the Court.
26 (f) Any commitment order of the Court may be appealed in a like manner as other civil
27 actions.
28
29 Sec. 214. Court-appointed advocates during transition period.
30 (a) During the transition period, a person who is committed to the care of the DDS
31 pursuant to section 204 shall have the assistance of an advocate in every proceeding and at each
32 stage in such proceedings under this act; however, a person may knowingly reject the services of
33 an advocate and shall be so advised by the Court. An advocate whose services have been rejected
34 shall not have the rights set forth in subsections (c), (d), (e), and (i) of this section. If a person
35 who has rejected the services of an advocate at any time withdraws the rejection, the Court shall
36 promptly assign an advocate to the person.
37 (b) A person may at any time request and receive a change in the person’s assigned
38 advocate within 21 calendar days after the person makes the request.
39 (c) An advocate shall have the following powers and duties with respect to the person to
40 whom the advocate has been assigned:
41 (1) To inform the person about his or her rights under this act and under the
42 Developmental Disabilities Rights and Services Act of 2009 and to support the person to
43 exercise his or her rights;
44 (2) To educate the person about the changes in rights, supports and services, and
45 commitment under this act and under the Developmental Disabilities Rights and Services Act of

54
 1 2009, and to assist the person to request termination of commitment pursuant to section 211, if so
2 desired by the person;
3 (3) To become and remain personally acquainted with the person and to maintain
4 sufficient contact with the person to know of the person’s needs, preferences, goals, and
5 communication methods;
6 (4) To advocate on the basis of the expressed preferences of the person or, if the
7 person’s preferences cannot be determined, to advocate on the basis of the person’s best
8 interests;
9 (5) To support the person in such a manner as to encourage self-reliance and to
10 enable the person to exercise rights, to communicate needs, preferences, and goals, and to
11 participate to the greatest extent possible in the planning and delivery of supports and services;
12 (6) To monitor and report to the Court on implementation of the person’s ISP and
13 related court orders; and
14 (7) If so authorized by the Court, to grant, refuse, or withdraw consent on behalf
15 of the person to whom the advocate has been assigned with respect to the provision of any
16 health-care service, treatment, or procedure, consistent with the provisions of Chapter 22 of Title
17 21 of the District of Columbia Official Code.
18 (d) Unless a person objects, an advocate shall:
19 (1) Receive notice and have the right to participate in all meetings, conferences,
20 or other proceedings relating to any matter affecting provision of supports and services to the
21 person to whom the advocate has been assigned, including the ISP, and any petitions and
22 hearings before the Court related to the person’s rights, supports, and services;
23 (2) Have access to all records, reports, and documents relating to the person to
24 whom the advocate has been assigned;
25 (3) Have access to all personnel and providers responsible for providing supports
26 and services to the person to whom the advocate has been assigned; and
27 (4) Consult with the person’s family, providers, and others concerned with the
28 person’s supports and services.
29 (e) All communication between an advocate and the person to whom the advocate has
30 been assigned shall remain confidential and privileged as if between counsel and client.
31 (f) An advocate shall complete a screening, a criminal background check, and a training
32 course in accordance with standards established by the Court.
33 (g) An advocate shall limit his or her caseload to a size that permits the advocate to
34 fulfill the duties of the advocate established by this section, and to maintain regular and
35 reasonable contact with each person, including a minimum of one visit per month, unless
36 otherwise specified by the Court based on the expressed preferences of the person.
37 (h) Advocates shall be provided directly by the Court or by a contract with individuals or
38 organizations; however, the Court shall ensure that contracts and other arrangements for
39 selection and provision of advocates provide that each advocate shall be independent of any
40 public or private agency that provides supports and services pursuant to section 111 or section
41 112 of the Developmental Disabilities Rights and Services Act of 2009.
42 (i) Advocates shall have supervision and shall be provided with facilities and other
43 support services sufficient to enable them to carry out their duties under this act.
44 (j) In the development of the advocacy program the Court shall explore and seek out
45 potential sources of funding at the federal and District levels.

55
 1 (k) The Court shall promulgate such rules amplifying and clarifying this section as it
2 deems necessary.
3
4 Sec. 215. Transfer of functions upon completion of transition period.
5 (a) Upon completion of the transition period pursuant to section 207, all functions and
6 records assigned by the Court to the advocate program established by section 214 shall be
7 transferred to the DDS.
8 (b) The DDS shall offer to any Court employee who is displaced as a result of the
9 transfer of the advocate program pursuant to subsection (a) of this section a right of first refusal
10 to employment by the DDS in the advocate program established by section 107 of the
11 Developmental Disabilities Rights and Services Act of 2009, in a comparable available position
12 for which the employee is qualified, for at least a 6-month period during which the employee
13 shall not be discharged without good cause. If the employee’s performance during the 6-month
14 transition employment period described in this subsection is satisfactory, the DDS shall offer the
15 employee continued employment in accordance with the personnel authority delegated to the
16 DDS by the Mayor pursuant to section 106(d) of the Department on Disability Services
17 Establishment Act of 2006, effective March 14, 2007 (D.C. Law 16-264; D.C. Official Code § 7-
18 761.06(d)).
19 Deleted: (c) Upon completion of the
transition period pursuant to section 207,
20 Sec. 216. Sunset. the legal services program established by
21 This act shall expire 6 months after the completion of the transition period pursuant to section 108 of the Developmental
Disabilities Rights and Services Act of
22 section 207. 2009 may:¶
23 (1) Employ on a full-time, part-time, or
contractual basis an attorney who was
24 TITLE III. AMENDMENTS TO THE DEPARTMENT ON DISABILITY SERVICES formerly appointed by the Court to
25 ESTABLISHMENT ACT. represent persons committed to the care
of the DDS under this act; and¶
26 (2) Consider the choices and
27 Sec. 301. Short title. preferences of the person in appointing
counsel to represent the person. ¶
28 This act may be cited as the “Department on Disability Services Establishment
29 Amendment Act of 2009”.
30
31 Sec. 302. The Department on Disability Services Establishment Act of 2006, effective
32 March 14, 2007 (D.C. Law 16-264; D.C. Official Code § 7-761.01 et seq.), is amended as
33 follows:
34 (a) Section 102 (D.C. Official Code § 7-761.02) is amended by inserting a new
35 paragraph (2A) to read as follows:
36 “(2A) “DDA” means the Developmental Disabilities Administration of the DDS.”.
37 (b) Section 104 (D.C. Official Code § 7-761.04) is amended by inserting a new
38 subsection (c) and (d) to read as follows:
39 “(c) The Department may include the following two administrations: Deleted: shall at a minimum have
40 “(1) The Developmental Disabilities Administration; and
41 “(2) The Rehabilitation Services Administration.
42 (c) Section 105 (D.C. Official Code § 7-761.05) is amended as follows:
43 (1) Paragraph (1)(A) is amended to read as follows: “ (1)(A) The Developmental
44 Disabilities Rights and Services Act of 2008.”.
45 (2) Paragraph (2) is amended by adding the following phrase at the end: “and §
46 32-301 et seq.;”

56
 1 (3) A new paragraph (4A) is inserted to read as follows: “(4A) Identify
2 violations of subsections (c), (d), and (f) of section 104 and violations of section 117(d) of the
3 Developmental Disabilities Rights and Services Act of 2008 and take appropriate enforcement
4 action regarding these violations;”.
5 (d) Section 106 (D.C. Official Code § 7-761.06) is amended as follows:
6 (1) A new subsection (c1) is inserted to read as follows: “(c1) The Director shall Deleted:
7 have the authority to implement the Developmental Disabilities Rights and Services Act of 2009,
8 including the authority to make grants and provide one-time cash assistance.”.
9 (2) A new subsection (c2) is inserted to read as follows: “(c2) The Director, by
10 delegation from the Mayor, shall enter into interstate agreements or compacts to permit the DDA
11 and providers to check the names of job applicants, volunteer applicants, employees and
12 volunteers against registries maintained by states of individuals who have been terminated or
13 separated from employment as a result of substantiated abuse or neglect.
14 (e) A new section 106a is inserted to read as follows:
15 “Sec. 106a. Interagency coordination.
16 “(a) The DDA shall be the point of entry and lead agency for supports and services for
17 persons with developmental disabilities and their families.
18 “(b) To ensure coordination, the DDS shall enter into interagency agreements with at a
19 minimum the Department of Employment Services, the Department of Mental Health, the Health
20 Regulation and Licensing Administration, the Department of Health Care Finance, the District of
21 Columbia Public Schools, the District of Columbia Public Charter Schools, the Child and Family
22 Services Administration, the Office of Disability Rights, the Office of the State Superintendent
23 of Education, the Office on Aging, and the Department of Youth Rehabilitation Services.
24 “(c) The interagency agreements required under subsection (b) of this section shall:
25 “(1) Promote interagency service needs assessment and planning;
26 “(2) Promote coordinated service delivery for persons with developmental
27 disabilities and their families;
28 “(3) Clarify the responsibilities for the different agencies providing supports and
29 services to persons with developmental disabilities; and
30 “(4) Enhance the efficiency and effectiveness of expenditure of public funds.
31 “(d) The interagency agreements shall include:
32 “(1) Goals and expected outcomes against which progress will be measured;
33 “(2) Eligible populations;
34 “(3) Covered supports and services;
35 “(4) Procedures for coordination, including designation of a point person at each
36 agency;
37 “(5) Joint monitoring; and
38 “(6) Data and information sharing.
39 “(e) The interagency agreements may provide for the expenditures of appropriated funds
40 to facilitate coordination between the agencies jointly responsible for providing supports and
41 services to persons with developmental disabilities. These agreements shall not, however,
42 conflict with the DDA’s primary responsibility to persons with developmental disabilities
43 regardless of whether such persons also have a mental illness or other disability.
44 “(f) The Department of Mental Health (“DMH”) and the DDS shall collaborate in
45 assessing persons dually diagnosed with both a developmental disability and a mental illness and
46 shall jointly provide appropriate supports and services to such persons. The DDS and the DMH

57
 1 shall develop and implement a program that encourages the establishment of sufficient numbers
2 and types of living arrangements as necessary to meet the needs to persons dually diagnosed with
3 both an intellectual and developmental disability and a mental illness.
4 “(g) The DDS shall participate in the coordination of transition services for students with
5 developmental disabilities enrolled in the District of Columbia Public Schools and District of
6 Columbia Public Charter Schools by:
7 “(1) Providing the parent or guardian with information about supports and
8 services available through the DDS and how to request an eligibility determination;
9 “(2) Ensuring that a representative of the DDS is present at Individual Plan
10 Meetings starting at age 14;
11 “(3) Identifying available post-school services, supports, and programs in the
12 District that will ease the transition from school to adult life in the community;
13 “(4) Providing support coordination to facilitate the transition from school to
14 work or other post-school activities and services; and
15 “(5) Making information, resources, and training available to students, families
16 and educators.”.
17 (f) Section 109 is amended to read as follows:
18 “(a) The Director of the DDS, pursuant to subchapter I of Chapter 5 of Title 2, may issue
19 rules as necessary to implement the provisions of this chapter and of the Developmental
20 Disabilities Rights and Services Act of 2008, except that the Mayor shall issue rules to
21 implement the provisions of section 122 of the Developmental Disabilities Rights and Services
22 Act of 2008.
23 “(b) Pursuant to Unit A of Chapter 3 of Title 2, the DDS may execute contracts, grants,
24 and other legally binding documents to implement the provisions of this chapter and of the
25 Developmental Disabilities Rights and Services Act of 2008.”.
26
27 TITLE IV. CONFORMING AMENDMENTS.
28
29 Sec. 401. Section 2 of the People First Respectful Language Modernization Act of 2006,
30 effective September 29, 2006 (D.C. Law 16-169; D.C. Official Code § 2-632) is amended as
31 follows:
32 (a) Paragraph (a)(1) is amended to read as follows: “Avoid any use of the following
33 terms, except as required by any law or regulation: “afflicted,” “cripple,” “crippled,” “defective,”
34 “feebleminded,” “handicapped,” “handicap,” “idiot,” “lunatic,” “imbecile,” “insane,” “invalid,”
35 “maimed,” “mental retardation,” “mentally retarded,” “moron,” “retarded,” “suffering,”
36 “wheelchair user,” or “wheelchair bound.”“.
37 (b) A new paragraph (a)(3) is added to read as follows:
38 “(3) Use “intellectual disability” instead of “mental retardation.”“.
39 (c) A new paragraph (a1) is added to read as follows:
40 “(a1) On or after the effective date of this act:
41 (1) Where the District used the term “mental retardation”, it shall use the term
42 “intellectual disability”;
43 (2) Where the District used the term “intermediate care facility for persons with
44 mental retardation”, it shall use the term “intermediate care facility for persons with intellectual
45 disability”;
46 (3) Where the District used the term “qualified mental retardation professional”,

58
 1 it shall use the term “qualified intellectual disability professional”; and Deleted: Sec. 403. The Adult
Protective Services Act of 1984, effective
2 (4) Where the District used the term “at least moderately mentally retarded” it December 7, 1984 (D.C. Law 5-156; D.C.
3 shall use the term “at least moderate intellectual disability”. Official Code § 7-1901 et seq.) is
amended as follows:¶
4 (a) Section 2 (D.C. Official Code § 7-
5 Sec. 402. Section 6 of the Office of Administrative Hearings Establishment Act of 2001, 1901) is amended as follows: ¶
(1) Add a new paragraph (5A) to read as
6 effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code § 2-1831.03) is amended by follows: “(5A) “DDA” means the
7 adding a new paragraph (8A) to read as follows: “(8A) Department on Disability Services;”. Department on Disability Services,
Developmental Disabilities
8 Administration established by § 7-
9 761.04.”.¶
(2) Add a new paragraph (7A) to read as
10 Sec. 404. Chapter 20 of Title 21 of the District of Columbia Official Code is amended as follows: “(7A) “DDA employee” means
11 follows: a person who is employed on a full-time,
part-time, or contractual basis by the
12 (a) Section 21-2002 is amended by striking the phrase “Chapter 5 of Title 21, or the DDA.”.¶
13 Mentally Retarded Citizens Constitutional Rights and Dignity Act of 1978, effective November (3) Add a new paragraph (7B) to read as
follows: “(7B) “DDA provider
14 8, 1978 (D.C. Law 2-137; D.C. Code, § 7-1301.01 et seq.)” and inserting the phrase “section 124 employee” means a person who is
15 of the Developmental Disabilities Rights and Services Act of 2008” in its place. employed on a full-time, part-time, or
contractual basis by an individual or
16 (b) Section 21-2011(25A) is amended to read as follows: “(25A) “Substituted entity that: (A) Is duly licensed to
17 judgment” means making a decision that conforms as closely as possible with the expressed provide supports and services provided,
funded, regulated or coordinated by the
18 wishes of the person or with the decision that the person would have made, based upon DDA; or (B) Has entered into an
19 knowledge of the beliefs, values, and preferences of the person.”. agreement with the DDA to provide
supports and services.”.¶
20 (c) Section 21-2047(c)(4) is amended by striking the phrase “except that a guardian may (4) Paragraph (8A) is amended by adding
21 function as a petitioner for the commitment consistent with the requirements of Chapter 5 of a new sentence at the end as follows:
“Incapacity shall not be inferred from the
22 Title 21 or the Mentally Retarded Citizens Constitutional Rights and Dignity Act of 1978, fact that an individual has a disability.” ¶
23 effective November 8, 1978 (D.C. Law 2-137; D.C. Code § 7-1301.01 et seq.)”. (b) Section 4(a)(1) (D.C. Official Code §
7-1903(a)(1)) is amended by striking the
24 (d) Section 21-2049(a)(3) is amended by striking the phrase “On petition of the ward or phrase “court-appointed mental
25 any interested person” and inserting the phrase “On petition of the ward, the Department on retardation advocate” and inserting the
phrase “DDA employee, DDA provider
26 Disability Services if the ward is receiving services from such agency, or any interested person” employee,” in its place.¶
27 in its place. (c) Section 5 (D.C. Official Code § 7-
1904) is amended as follows:¶
28 (1) Subsection (a)(1) is amended by
29 Sec. 405. The Incompetent Defendants Criminal Commitment Act of 2004, effective adding the following sentence at the end:
“The Mayor shall designate the DDA to
30 May 24, 2005 (D.C. Law 15-358; D.C Official Code § 24-531.01 et seq.) is amended as follows: investigate reports of alleged abuse,
31 (a) Section 101 (D.C. Official Code § 24-531.01) is amended as follows: neglect, self-neglect, and exploitation of
persons who have been found eligible for
32 (1) Paragraph (6)(C) is amended to read as follows: “(6)(C) Any physically DDA supports and services in accordance
33 secure or staff-secure intermediate care facility or community residential facility (as defined in with this section.”.¶
(2) Subsection (b) is amended by added
34 D.C. Regulation 74-15, as amended) providing supports and services to persons with intellectual the following sentence after the second
35 disability, within or without the District, not including a jail, prison, other place of confinement sentence: “If the investigation is being
conducted by the DDA pursuant to the
36 for persons who are awaiting trial or who have been found guilty of a criminal offense, or a Mayor’s designation in subsection (a)(1)
37 hospital for persons with mental illness within the meaning of § 24-501.”. of this section, the investigation shall be
terminated if the adult allegedly in need
38 (2) Paragraph (7) is amended to read as follows: “(7) “DDS” means the of protective services objects to the
39 Department on Disability Services.”. investigation and it does not manifestly
appear that the objection is prompted by
40 (3) Paragraph (10) is amended as follows: fear or intimidation instilled by another;
41 (A) Strike the phrase “Mental Retardation and Developmental Disabilities however, if the suspected abuse, neglect,
or exploitation is alleged to have been
42 Administration” and insert the word “DDS” in its place. carried out by a DDA employee or a
43 (B) Strike the word “MRDDA” and insert the word “DDS” in its place. DDA provider employee the investigation
shall proceed.”.¶
44 (C) Strike the word “habilitation” and insert the phrase “supports and (d) Section 6(c-1)(1) (D.C. Official Code
45 services” in its place. § 7-1905(c-1)(1)) is amended by adding
the following phrase and sentences at the
end: “, only after considering alternative
forms of providing protective services... [6]

59
 1 (b) Section 102(d) (D.C. Official Code § 24-531.02(d)) is amended to read as follows:
2 “(d) Nothing in this title shall be construed to prevent the District from petitioning the court for
3 involuntary commitment pursuant to section 127 of the Developmental Disabilities Rights and
4 Services Act of 2009.”.
5 (c) Section 105(a)(3) (D.C. Official Code § 24-531.05(a)(3)) is amended by striking the
6 word “MRDDA” and inserting the word “DDS” in its place.
7 (d) Section 106(c)(4) (D.C. Official Code § 24-531.06(c)(4)) is amended to read as
8 follows: “(c)(4) If the court finds the defendant is incompetent pursuant to paragraph (1)(B)(ii)
9 of this subsection, the court shall either order the release of the defendant or, where appropriate,
10 enter an order for treatment pursuant to section 105(a) for up to 30 days pending the filing of a
11 petition for commitment pursuant to section 127 of the Developmental Disabilities Rights and
12 Services Act of 2009. The court also may order treatment pursuant to section 107(a)(2) for such
13 period as is necessary for the completion of the civil commitment proceeding.”.
14 (e) Section 107 is amended as follows:
15 (1) Subsection (a) is amended to read as follows: “(a) Thirty days after the court
16 has ordered extended treatment pursuant to section 106(c)(4), the court shall hold a status
17 hearing to determine whether civil commitment proceedings have been initiated pursuant to D.C.
18 Official Code § 21-541 or section 127 of the Developmental Disabilities Rights and Services Act
19 of 2009.”.
20 (2) Subsection (b)(1) is amended to read as follows: “(b)(1) If the court orders
21 the release of a person in the criminal case or transfer proceeding who has been committed to an
22 inpatient treatment facility, and a petition for civil commitment has been filed pursuant to section
23 127 of the Developmental Disabilities Rights and Services Act of 2009, the court shall remand
24 the person to the inpatient treatment facility and the inpatient treatment facility may detain the
25 person pending a hearing on the petition conducted pursuant to section 127 of the Developmental
26 Disabilities Rights and Services Act of 2009.”.
27 (3) Subsection (d) is amended to read as follows: “(d) If the court orders the
28 release of a defendant in the criminal case or transfer proceeding who has been committed to an
29 inpatient treatment facility, and a petition for civil commitment has not been filed pursuant to
30 D.C. Official Code § 21-541 or section 127 of the Developmental Disabilities Rights and
31 Services Act of 2009, the court may stay the defendant’s release for a period not to exceed 48
32 hours and remand the person to Saint Elizabeths Hospital or other inpatient treatment facility for
33 the period of the stay so that the DMH or the DDS, or both, may, where appropriate, file a
34 petition for the defendant’s involuntary commitment to either the DMH or to the DDS, or both.”.
35
36 Sec. 406. Section 3(b) of the State Education Office Establishment Act of 2000, effective
37 October 21, 2000 (D.C. Law 13-176; D.C. Official Code § 38-2602(3)(b)), is amended by adding
38 a new paragraph (10A) to read as follows: “(10A) Promote coordination between public schools
39 and public charter schools and agencies that provide supports and services for children and youth
40 with disabilities.”.
41
42 Sec. 407. Subtitle H of the Fiscal Year 2010 Budget Support Act of 2009, passed on 3rd
43 reading on July 31, 2009 (2nd engrossed version of Bill 18-203) is deleted in its entirety.
44
45 TITLE V. FISCAL IMPACT STATEMENT.

60
 1 The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal
2 impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act,
3 approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)).
4
5 TITLE VI. EFFECTIVE DATE.
6 This act shall take effect following approval by the Mayor (or in the event of veto by the
7 Mayor, action by the Council to override the veto), a 30-day period of Congressional review as
8 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
9 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1), and publication in the District of
10 Columbia Register.
11

61
 Page 1: [1] Deleted Committee 11/3/2010 8:30:00 PM

TITLE I. DEVELOPMENTAL DISABILITIES RIGHTS AND SERVICES. 6

Sec. 101. Short title. 6
Sec. 102. Findings and purpose. 6
Sec. 103. Definitions. 7
Sec. 104. Rights. 13
Sec. 105. Rights of persons formerly committed and former Forest Haven residents.
15
Sec. 106. Eligibility. 15
Sec. 107. Advocate program. 17
Sec. 108. Legal services program. 20
Sec. 109. Support and service planning. 21
Sec. 110. Support coordination. 22
Sec. 111. Supports and services. 24
Sec. 112. Family support services. 25
Sec. 113. Family Support Council. 26
Sec. 114. Waiting lists. 27
Sec. 115. Capacity and decision-making supports; health-care decisions. 29
Sec. 116. Independent panel for administration of psychotropic medications. 30
Sec. 117. Complaints; requests for fair hearings. 31
Sec. 118. Internal problem resolution system; appeals of ineligibility. 32
Sec. 119. Petition for review of agency action under this act. 34
Sec. 120. Initiation of action to compel rights; civil remedy; sovereign immunity barred;
defense to action; payment of expenses. 35
Sec. 121. Deprivation of civil rights; liability; immunity; exceptions. 35
Sec. 122. Records. 35
Sec. 123. Quality standards and monitoring. 36
Sec. 124. Reporting and investigation of abuse, neglect, and exploitation. 37
Sec. 125. Checks of criminal background, abuse and neglect registries, and traffic record.
38
Sec. 126. Registry of former employees terminated because of substantiated acts of
abuse or neglect and convictions. 42
Sec. 127. Services for persons found incompetent in a criminal case. 43
Sec. 128. Court-appointed advocates for persons found incompetent in a criminal case.
46
Sec. 129. Legislative review and reporting. 48
Sec. 130. Plain language required; plans and reports to be made available to the public.
50
Sec. 131. Rulemaking. 50
Sec. 132. Comprehensive Developmental Disabilities Services Task Force. 50
Sec. 133. Comprehensive Developmental Disabilities Services Plan. 51
Sec. 134. Repeal of Mentally Retarded Citizens Constitutional Rights and Dignity Act.
52
TITLE II. TRANSITION FROM ADMISSION AND COMMITMENT. 53
Sec. 201. Short title. 53
Sec. 202. Purpose. 53
Sec. 203. Definitions. 53
Sec. 204. Transition period. 55
Sec. 205. New admission and commitment prohibited during transition period. 55
Sec. 206. Preparation for completion of transition period 55
Sec. 207. Completion of transition period. 56
Sec. 208. Rights during transition period. 57
Sec. 209. Support planning during transition period. 58
Sec. 210. Transfer during transition period. 58
Sec. 211. Request for termination of commitment during transition period. 58
Sec. 212. Annual hearing during transition period. 59
Sec. 213. Hearing procedures during transition period. 59
Sec. 214. Court-appointed advocates during transition period. 60
Sec. 215. Transfer of functions upon completion of transition period. 61
Sec. 216. Sunset. 62

TITLE III. AMENDMENTS TO THE DEPARTMENT ON DISABILITY SERVICES

ESTABLISHMENT ACT. 62
Sec. 301. Short title. 62
Sec. 302. The Department on Disability Services Establishment Act of 2006 62

TITLE IV. CONFORMING AMENDMENTS. 64

Sec. 401. Section 2 of the People First Respectful Language Modernization Act 64
Sec. 402. Section 6 of the Office of Administrative Hearings Establishment Act of 2001
64
Sec. 403. The Adult Protective Services Act of 1984 64
Sec. 404. Chapter 20 of Title 21 66
Sec. 405. The Incompetent Defendants Criminal Commitment Act of 2004 66
Sec. 406. Section 3(b) of the State Education Office Establishment Act of 2000 67
Sec. 407. Subtitle H of the Fiscal Year 2010 Budget Support Act of 2009 67

TITLE V. FISCAL IMPACT STATEMENT. 67

TITLE VI. EFFECTIVE DATE. 67

Page 4: [2] Deleted Committee 11/3/2010 7:11:00 PM

Sec. 102. Findings and purpose.

(a) The Council finds that:
(1) District residents with developmental disabilities have all the civil and legal
rights enjoyed by all other residents of the District and the United States;
(2) For 30 years, the Mentally Retarded Citizens Constitutional Rights and
Dignity Act of 1978, effective March 3, 1979 (D.C. Law 2-137; D.C. Official Code § 7-
1301.02 et seq.) has required the voluntary admission or involuntary commitment of
persons with developmental disabilities to residential facilities through the Superior
Court. However, this process no longer reflects the structure of the District’s service
system, the requirements under federal laws and programs, state and national best
practices, and contemporary knowledge of the rights, abilities, and preferences of persons
with developmental disabilities;
(3) All District residents benefit when persons with developmental disabilities
live with independence and dignity in the most inclusive and most integrated community
setting possible and have the freedom and opportunity to fully participate in the cultural,
economic, educational, political, and social fabric of their communities;
(4) Residents with developmental disabilities are effective advocates who speak
up on their own behalf and should be engaged as active partners by District government,
service providers, and community members;
(5) Residents with developmental disabilities are best able to determine their own
needs and should be afforded all the information, opportunities, support, and reasonable
accommodations required to make meaningful choices about where they live, work, and
play and, to the greatest extent possible, to control the design and delivery of their
services;
(6) Residents with developmental disabilities are capable of making and verbally,
nonverbally, and behaviorally communicating decisions about their personal care, health
care, legal matters, financial affairs, business, assets, and all other aspects of their lives;
and
(7) Families, by far, provide the greatest quantity and, in many instances, quality
of services and support for their family members with developmental disabilities.
(b) The Council therefore declares that the District shall implement a model
system of effective, quality supports and services for residents with developmental
disabilities and for their families, which:
(1) Fully recognizes the person’s rights, abilities, and preferences;
(2) Is rooted in best practices, ongoing innovation, and standards of excellence;
(3) Removes universal requirements for admission or commitment to residential
services through the Superior Court;
(4) Seeks to maintain a high quality of life and encourages the maximum
development of the ability and potential of each person;
(5) Offers flexibility and a full range of service options, including comprehensive
family support throughout the life of the person;
(6) Adopts an individualized, person-centered approach that is responsive to the
unique strengths, abilities, needs, culture, values, and preferences of each person and
family;
(7) Builds familial and community support and ensures that each person has
meaningful opportunities to develop and maintain relationships with family, friends,
coworkers, and others;
(8) Offers multiple options for problem resolution and provides access to
advocates and legal services;
(9) Is delivered by a diverse workforce that is well-qualified, highly motivated,
receives ongoing training, demonstrates necessary skills, and regularly uses best
practices; and
 (10) Is distributed with fairness and equity and produces measurable results that
demonstrate that the supports and services have met the goals and needs of, and satisfied,
each person and family.
Page 17: [3] Deleted Committee 11/3/2010 7:16:00 PM

Sec. 108. Legal services program.

(a) There is established a legal services program within the District to provide
legal representation to persons age 18 or older who have been found eligible for supports
and services under this act to help such persons to obtain quality supports and services
and to exercise their rights under this act.
(b) The District shall operate the legal services program through a grant or
contract with one or more qualified private, community-based, nonprofit corporations,
organizations, or consortia of organizations, with offices located in the District. Each
grantee, contractor, and counsel shall be independent of any public or private agency that
provides supports and services pursuant to section 111 or section 112. The process for
awarding a grant or contract for the legal services program shall include participation by
2 or more persons with developmental disabilities, family members of persons with
developmental disabilities, or representatives of community-based organizations that
work with District residents with developmental disabilities.
(c) Upon receiving a request for legal services, the legal services program shall:
(1) Within 10 business days, meet with the person and determine if the person
desires legal representation; and
(2) Within 20 business days, determine if the person meets the selection criteria
established by the Annual Statement of Objectives and Priorities pursuant to subsection
(i) of this section.
(d) Upon determination that a person desires legal representation and meets the
selection criteria established by the Annual Statement of Objectives and Priorities
pursuant to subsection (i) of this section, the legal services program shall assign counsel
to represent the person.
(e) Upon determination that a person does not desire legal representation or does
not meet the selection criteria established by the Annual Statement of Objectives and
priorities pursuant to subsection (i) of this section, the legal services program may refer
the person to the advocate program established by section 107, to another source of legal
services, or to any organization which the legal services program believes may help the
person meet his or her needs, preferences, and goals.
(f) Counsel appointed to represent a person under this section shall not be
precluded from representing the person in any proceeding under this act including any
proceeding before the Office of Administrative Hearings, the District of Columbia
Courts, and the federal courts. However, counsel appointed to represent a person under
this section shall not be used in lieu of counsel appointed under the Criminal Justice Act
(§ 11-2601 et seq.).
(g) Unless a person objects, a person’s counsel shall:
(1) Receive notice and have the right to participate in all meetings, conferences,
or other proceedings relating to any matter affecting provision of supports and services to
the person to whom counsel has been assigned, including the ISP, any complaints and
complaint resolution processes under this act, and any petitions and hearings before the
Court related to the person’s rights, supports, and services;
(2) Have access to all records, reports, and documents relating to the person to
whom counsel has been assigned which are maintained by a provider, the District, or the
Court; and
(3) Have access to all personnel and providers responsible for providing supports
and services to the person to whom counsel has been assigned.
(h) The legal services program may employ counsel on a full-time, part-time,
temporary, or contractual basis. Counsel shall be awarded hourly compensation for
services by the legal services program at rates established by the legal services program;
however, in no event shall the hourly rate exceed the rate set forth in the Criminal Justice
Act (§ 11-2601 et seq.).
(i) By September 30 of each year the legal services program shall publish an
Annual Statement of Objectives and Priorities (“Annual Statement”) for the coming fiscal
year. The Annual Statement shall describe and explain the priorities and selection criteria
for the legal services program’s individual caseload and the outcomes which the program
will seek to accomplish. Priorities established by the Annual Statement shall serve as the
basis for the legal services program to determine which cases are selected in a given
fiscal year. The legal services program shall have the authority to turn down a request for
legal representation when the request is outside the scope of the Annual Statement, but
shall inform a person that this is the basis for turning the person down.
(j) By August 15 of each year the legal services program shall transmit a draft
Annual Statement for the coming fiscal year to the Mayor and Council, shall post the
draft Annual Statement on the legal services program’s web site, and shall work in
collaboration with the DDA to disseminate notice of the draft Annual Statement to
persons age 18 and older who have been found eligible for supports and services under
this act. The legal services program shall obtain comment on the draft Annual Statement
from the public, the Family Support Council established by section 113, the
Developmental Disabilities State Planning Council, the protection and advocacy agency,
and the UCEDD.
(k) The District shall fund the legal services program at $500,000 for the first
fiscal year after the effective date of this act, and thereafter shall increase funding above
$500,000 per fiscal year to levels that permit the legal services program to achieve the
objectives established by this section.
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(c) The DDA shall produce a quarterly report on all substituted consent activities
pursuant to section 115 and 116 until October 2010. Quarterly reports shall be complete
by the 15th day of October, January, April, and July and shall include:
(1) Statistics describing:
(A) Petitions filed by the District with the Court for an emergency guardian, a
health-care guardian, a general guardian, or a limited guardian;
(B) The nature of the health-care needs and medical treatments that led the
District to file each petition; and
(C) The time elapsed between each filing and the appointment of a guardian; and
 (2) An analysis of the statistics described in this subsection, and a plan for
remedial measures to be taken, when the statistics identify process delays.
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(c) If the Council does not adopt, within 60 days (excluding Saturdays, Sundays,
and holidays) after the plan required under subsection (a) of this section is submitted to it
by the Mayor, a resolution disapproving such plan, the commitment of all persons under
this act shall terminate, except for the commitment of a person found incompetent in a
criminal case who is not likely to gain competency in the foreseeable future and who has
been committed to the care of the DDS by the Court.
(d) If the Council adopts a resolution disapproving the plan required
under subsection (a) of this section, the commitment of persons under this act shall
continue until all requirements under the plan have been met or the person’s commitment
has been terminated pursuant to section 211 or 212. By 6 months after the Council adopts
the disapproval resolution, the Mayor shall submit to the Council a revised plan certifying
that all requirements under subsection (a) of this section have been met. The Council
shall hold a public hearing on the revised plan and may approve a resolution disapproving
the revised plan pursuant to subsection (b) and subsection (c) of this section. The Mayor
shall continue to revise and submit the plan to the Council every 6 months as necessary
for the plan to take effect.
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Sec. 403. The Adult Protective Services Act of 1984, effective December
7, 1984 (D.C. Law 5-156; D.C. Official Code § 7-1901 et seq.) is amended as follows:
(a) Section 2 (D.C. Official Code § 7-1901) is amended as follows:
(1) Add a new paragraph (5A) to read as follows: “(5A) “DDA” means
the Department on Disability Services, Developmental Disabilities Administration
established by § 7-761.04.”.
(2) Add a new paragraph (7A) to read as follows: “(7A) “DDA
employee” means a person who is employed on a full-time, part-time, or contractual basis
by the DDA.”.
(3) Add a new paragraph (7B) to read as follows: “(7B) “DDA provider
employee” means a person who is employed on a full-time, part-time, or contractual basis
by an individual or entity that: (A) Is duly licensed to provide supports and services
provided, funded, regulated or coordinated by the DDA; or (B) Has entered into an
agreement with the DDA to provide supports and services.”.
(4) Paragraph (8A) is amended by adding a new sentence at the end as
follows: “Incapacity shall not be inferred from the fact that an individual has a
disability.”
(b) Section 4(a)(1) (D.C. Official Code § 7-1903(a)(1)) is amended by
striking the phrase “court-appointed mental retardation advocate” and inserting the phrase
“DDA employee, DDA provider employee,” in its place.
(c) Section 5 (D.C. Official Code § 7-1904) is amended as follows:
(1) Subsection (a)(1) is amended by adding the following sentence at the
end: “The Mayor shall designate the DDA to investigate reports of alleged abuse, neglect,
self-neglect, and exploitation of persons who have been found eligible for DDA supports
and services in accordance with this section.”.
(2) Subsection (b) is amended by added the following sentence after the
second sentence: “If the investigation is being conducted by the DDA pursuant to the
Mayor’s designation in subsection (a)(1) of this section, the investigation shall be
terminated if the adult allegedly in need of protective services objects to the investigation
and it does not manifestly appear that the objection is prompted by fear or intimidation
instilled by another; however, if the suspected abuse, neglect, or exploitation is alleged to
have been carried out by a DDA employee or a DDA provider employee the investigation
shall proceed.”.
(d) Section 6(c-1)(1) (D.C. Official Code § 7-1905(c-1)(1)) is amended
by adding the following phrase and sentences at the end: “, only after considering
alternative forms of providing protective services that encourage maximum self-
determination and are least restrictive to personal liberty. A petition for appointment of a
guardian shall request the form of guardianship that is least restrictive to the incapacitated
person in duration and scope, taking into account the incapacitated person’s current
mental and adaptive limitations or other conditions warranting the procedure. This
subsection does not preclude any other party from petitioning the Court for appointment
of a guardian;”.
(e) Section 7 (D.C. Official Code § 7-1906) is amended as follows:
(1) Subsection (a) is amended by adding the following sentence
after the first sentence: “The Mayor shall designate the DDA to make the request to the
Attorney General in relation to persons who have been found eligible for DDA supports
and services and for whom the DDA has initiated an investigation in accordance with
section 5.”.
(2) Subsection (d)(3) is amended by added the following phrase at the
end: “, in a form that is least restrictive to the incapacitated person in duration and scope,
taking into account the incapacitated person’s current mental and adaptive limitations or
other conditions warranting the procedure.”.