DDRA - Draft 2 With Track Changes - 08.27.09

DDRA, Draft 2 - August 27, 2009
1
2
3
4 A BILL
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6 _______
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8 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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10 ______________
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13 Councilmembers ____________ introduced the following bill, which was referred to the
14 Committee on _______________.
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17 DEVELOPMENTAL DISABILITIES REFORM ACT OF 2009 Deleted: 8
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19 TABLE OF CONTENTS
20
21 TITLE I. DEVELOPMENTAL DISABILITIES RIGHTS AND SERVICES. ............................6
22 Sec. 101. Short title. ...............................................................................................................6
23 Sec. 102. Findings and purpose. .............................................................................................6
24 Sec. 103. Definitions. .............................................................................................................8
25 Sec. 104. Rights. ..................................................................................................................19
26 Sec. 105. Rights of persons formerly committed and former Forest Haven residents. ...........23
27 Sec. 106. Eligibility..............................................................................................................24
28 Sec. 107. Advocate program.................................................................................................28
29 Sec. 108. Legal services program. ........................................................................................33
30 Sec. 109. Support and service planning. ...............................................................................36
31 Sec. 110. Support coordination.............................................................................................38
32 Sec. 111. Supports and services. ...........................................................................................41
33 Sec. 112. Family support services.........................................................................................43
34 Sec. 113. Family Support Council. .......................................................................................44
35 Sec. 114. Waiting lists..........................................................................................................46
36 Sec. 115. Capacity and decision-making supports; health-care decisions. .............................51
37 Sec. 116. Independent panel for administration of psychotropic medications. .......................53
38 Sec. 117. Complaints; requests for fair hearings. ..................................................................56
39 Sec. 118. Internal problem resolution system; appeals of ineligibility. ..................................57
40 Sec. 119. Petition for review of agency action under this act.................................................61
41 Sec. 120. Initiation of action to compel rights; civil remedy; sovereign immunity barred;
42 defense to action; payment of expenses. ................................................................................62
43 Sec. 121. Deprivation of civil rights; liability; immunity; exceptions. ...................................63
44 Sec. 122. Records.................................................................................................................63
45 Sec. 123. Quality standards and monitoring..........................................................................65
46 Sec. 124. Reporting and investigation of abuse, neglect, and exploitation. ............................67
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1 Sec. 125. Checks of criminal background, abuse and neglect registries, and traffic record. ...69
2 Sec. 126. Registry of former employees terminated because of substantiated acts of abuse or
3 neglect and convictions. ........................................................................................................76
4 Sec. 127. Services for persons found incompetent in a criminal case. ...................................79
5 Sec. 128. Court-appointed advocates for persons found incompetent in a criminal case. .......85
6 Sec. 129. Legislative review and reporting. ..........................................................................88
7 Sec. 130. Plain language required; plans and reports to be made available to the public........92
8 Sec. 131. Rulemaking...........................................................................................................92
9 Sec. 132. Comprehensive Developmental Disabilities Services Task Force. .........................93
10 Sec. 133. Comprehensive Developmental Disabilities Services Plan.....................................94
11 Sec. 134. Repeal of Mentally Retarded Citizens Constitutional Rights and Dignity Act........98
12 TITLE II. TRANSITION FROM ADMISSION AND COMMITMENT. .................................98
13 Sec. 201. Short title. .............................................................................................................98
14 Sec. 202. Purpose. ................................................................................................................98
15 Sec. 203. Definitions. ...........................................................................................................99
16 Sec. 204. Transition period.................................................................................................102
17 Sec. 205. New admission and commitment prohibited during transition period...................103
18 Sec. 206. Preparation for completion of transition period....................................................103
19 Sec. 207. Completion of transition period...........................................................................105
20 Sec. 208. Rights during transition period. ...........................................................................107
21 Sec. 209. Support planning during transition period............................................................107
22 Sec. 210. Transfer during transition period. ........................................................................108
23 Sec. 211. Request for termination of commitment during transition period. ........................109
24 Sec. 212. Annual hearing during transition period. .............................................................110
25 Sec. 213. Hearing procedures during transition period. .......................................................110
26 Sec. 214. Court-appointed advocates during transition period.............................................112
27 Sec. 215. Transfer of functions upon completion of transition period..................................115
28 Sec. 216. Sunset. ................................................................................................................116
29 TITLE III. AMENDMENTS TO THE DEPARTMENT ON DISABILITY SERVICES
30 ESTABLISHMENT ACT. ......................................................................................................116
31 Sec. 301. Short title. ...........................................................................................................116
32 Sec. 302. The Department on Disability Services Establishment Act of 2006 .....................116
33 TITLE IV. CONFORMING AMENDMENTS. ......................................................................120
34 Sec. 401. Section 2 of the People First Respectful Language Modernization Act ................120
35 Sec. 402. Section 6 of the Office of Administrative Hearings Establishment Act of 2001 ...121
36 Sec. 403. The Adult Protective Services Act of 1984..........................................................121
37 Sec. 404. Chapter 20 of Title 21 .........................................................................................123
38 Sec. 405. The Incompetent Defendants Criminal Commitment Act of 2004 .......................124
39 Sec. 406. Section 3(b) of the State Education Office Establishment Act of 2000.................126
40 Sec. 407. Subtitle H of the Fiscal Year 2010 Budget Support Act of 2009 ..........................126
41 TITLE V. FISCAL IMPACT STATEMENT..........................................................................127
42 TITLE VI. EFFECTIVE DATE. ............................................................................................127
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44 To identify findings and the intent of the Council regarding District residents with developmental
45 disabilities and their families; to establish the rights of District residents with
46 developmental disabilities; to establish eligibility determination processes and procedures
2
1 at the Department on Disability Services, Developmental Disabilities Administration and

2 to change eligibility criteria over a 3-year period from a diagnosis of intellectual
3 disability to a diagnosis of developmental disability; to establish a program to provide
4 advocates to adults who are eligible for services at the Department on Disability Services,
5 Developmental Disabilities Administration; to establish a program to provide legal
6 services to adults who are eligible for services at the Department on Disability Services,
7 Developmental Disabilities Administration; to establish requirements for support and
8 service planning at the Department on Disability Services, Developmental Disabilities
9 Administration; to identify the duties of support coordinators at the Department on
10 Disability Services, Developmental Disabilities Administration; to require a
11 comprehensive, coordinated system of supports at services for persons with
12 developmental disabilities at the Department on Disability Services, Developmental
13 Disabilities Administration; to require a comprehensive, coordinated system of family
14 support services at the Department on Disability Services, Developmental Disabilities
15 Administration; to establish a Family Support Council to assist the Department on
16 Disability Services, Developmental Disabilities Administration in providing a
17 comprehensive, coordinated system of family support services; to clarify that adults with
18 developmental disabilities shall be presumed capable of making decisions and to identify
19 the circumstances in which a provider or the Department on Disability Services,
20 Developmental Disabilities Administration may seek the provision of substituted consent;
21 to identify the circumstances in which the Department on Disability Services may
22 establish a waiting list for services at the Developmental Disabilities Administration and
23 to require the Department on Disability Services to report on the waiting list on a
24 quarterly and annual basis; to establish an independent panel to grant, refuse, or withhold
25 consent for administration of psychotropic medications to persons who have been
26 certified as incapacitated to consent to the psychotropic medication and who lack a
27 substituted decision-maker listed in D.C. Official Code § 21-2210(a); to identify general
28 procedures for complaints and requests for hearings under this act and to prohibit
29 retaliation against a person who files a complaint or requests a hearing; to establish a
30 system to resolve complaints against the Department on Disability Services,
31 Developmental Disabilities Administration operated by a problem resolution office
32 within the Department on Disability Services; to provide a process for petition for review
33 of agency action under this act by the Family Court of the Superior Court; to provide the
34 right to initiate action in the Superior Court to compel the rights afforded to persons
35 under this act and to provide the right to a civil remedy; to prohibit deprivation of civil
36 rights on the basis of receipt of services under this act and to establish liability, immunity
37 and exceptions for violations of rights or privileges protected by this act; to require the
38 Department on Disability Services, Developmental Disabilities Administration to
39 maintain records on all persons found eligible for services under this act, to permit
40 sharing of records in certain circumstances and to prohibit unauthorized release of
41 records; to require the Department on Disability Services, Developmental Disabilities
42 Administration to develop and implement a comprehensive quality management and
43 improvement system; to require mandatory reporting of suspected abuse, neglect, and
44 exploitation and to authorize the Department on Disability Services, Developmental
45 Disabilities Administration to investigate reports of alleged abuse, neglect, self-neglect,
46 and exploitation of persons who have been found eligible for services under this act; to
3
1 require checks of criminal background, abuse and neglect registries, and traffic records
2 for all employees and all unsupervised volunteers at the Department on Disability
3 Services, Developmental Disabilities Administration, providers, and the advocate
4 program, and to prohibit any person with one of a list of felony convictions from working
5 on a paid or unpaid basis at the Department on Disability Services, Developmental
6 Disabilities Administration, providers, and the advocate program; to establish a registry
7 of former employees terminated by the Department on Disability Services,
8 Developmental Disabilities Administration, providers, and the advocate program because
9 of substantiated acts of abuse or neglect and convictions; to authorize the commitment of
10 and services for persons who have been found incompetent to stand trial in a criminal
11 case due to intellectual disability; to require the Superior Court to provide advocates for
12 persons who have been found incompetent to stand trial in a criminal case due to
13 intellectual disability and are undergoing or have been committed to the care of the
14 Department on Disability Services; to require the Mayor to submit to the Council an
15 annual report on all activities carried out under this act, to conduct a 10-year review of
16 this act, and to produce quarterly reports until October 2010 on all substituted consent
17 activities under this act; to authorize the Director of the Department on Disability
18 Services to issue rules as necessary to implement the provisions of this act; to establish a
19 Comprehensive Developmental Disability Services Task Force to develop a
20 comprehensive plan for the District to meet the current and future community living
21 needs of residents with developmental disabilities and their families; to require the
22 Comprehensive Developmental Disability Services Task Force to publish a
23 Comprehensive Developmental Disability Services Plan by 9 months after the effective
24 date of this act and to assist the Director of the Department on Disability Services to
25 develop implementing regulations; to repeal the Mentally Retarded Citizens
26 Constitutional Rights and Dignity Act of 1978; to identify the intent of the Council to
27 provide for a 36-month transition period after the effective date of this act; to establish a
28 36-month transition period during which persons will continue to be committed to the
29 care of the Department on Disability Services and which will only end if the District
30 meets certain benchmarks; to prohibit new commitments during the transition period and
31 to require the continued commitment of persons found incompetent to stand trial in a
32 criminal case; to require the Superior Court and the District to work collaboratively to
33 plan for termination of the 3-year transition period and to require the District to prepare a
34 work plan for termination of the transition period and conduct a survey to determine the
35 level of need for advocates and attorneys after the transition period ends; to provide that
36 the commitment of persons to the care of the Department on Disability Services shall end
37 3 years after the effective date of this act only if the Mayor certifies that the District has
38 completed the work plan, completed the survey, adequately funded for advocates and
39 legal services, and implemented the internal problem resolution system required under
40 Title I and the Council does not disapprove the Mayor’s certification and plan; to
41 establish rights for persons who are committed during the transition period; to provide
42 that support planning during the transition period will be conducted in accordance with
43 Title I; to provide a process for residential transfer of persons who are committed during
44 the transition period; to provide a process for persons to request termination of his or her
45 commitment during the transition period; to require an annual hearing by the Superior
46 Court to review each person’s commitment during the transition period; to establish
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1 procedures for Superior Court hearings under this act during the transition period; to
2 require the Superior Court to provide advocates to all persons who are committed to the
3 care of the Department on Disability Services during the transition period; to transfer the
4 functions of the advocate program upon termination of the transition period, to require
5 the Department on Disability Services to offer any displaced Court employee a right of
6 first refusal by the advocate program established in Title I, and to allow the legal services
7 program established in Title I to employ attorneys who were formerly appointed by the
8 Court to represent persons who were committed to the care of the Department on
9 Disability Services; to repeal Title I 6 months after the completion of the transition
10 period; to amend the Department on Disability Services Establishment Act to establish
11 the Developmental Disabilities Administration and the Rehabilitation Services
12 Administration within the Department on Disability Services, to authorize the
13 Department on Disability Services to identify and enforce violations of certain sections of
14 Title I, to authorize the Department on Disability Services to make grants and provide
15 one-time cash assistance, and to require the Department on Disability Services by
16 delegation from the Mayor to enter into interstate agreements or compacts to permit
17 checking registries of abuse and neglect maintained by states; to identify the Department
18 on Disability Services, Developmental Disabilities Administration as the lead agency for
19 supports and services for persons with developmental disabilities and their families and to
20 require interagency agreements to facilitate interagency coordination; to amend the
21 People First Respectful Language Modernization Act of 2006 to prohibit use of the term
22 “mental retardation” in all District laws, regulations, and publications and to clarify that
23 where the District previously used the term “mental retardation” it shall use the term
24 “intellectual disability”; to amend the Office of Administrative Hearings Establishment
25 Act of 2001 to add the Department on Disability Services to the list of agencies for which
26 the Office of Administrative Hearings adjudicates cases; to amend the Adult Protective
27 Services Act of 1984 to require employees of the Department on Disability Services,
28 Developmental Disabilities Administration and providers to report suspected abuse,
29 neglect, and exploitation, to require the Mayor to designate the Department on Disability
30 Services, Developmental Disabilities Administration to investigate reports of alleged
31 abuse, neglect, self-neglect, and exploitation of persons who have been found eligible for
32 Developmental Disabilities Administration services, and to require that petitions for
33 guardians filed under this act will be least restrictive to personal liberty; to amend
34 Chapter 20 of Title 21 to define “substituted judgment” as taking into account the
35 expressed wishes of the person, to remove references to commitment under the Mentally
36 Retarded Citizens Constitutional Rights and Dignity Act of 1978, and to permit the
37 Department on Disability Services to petition for removal of a guardian for a person who
38 is receiving services from the agency; to amend the Incompetent Defendants Criminal
39 Commitment Act of 2004 to make conforming amendments; to amend the State
40 Education Office Establishment Act of 2000 to require the State Education Office to
41 promote coordination between public, public charter schools, and agencies that provide
42 supports and services for children and youth with disabilities; to repeal Subtitle H of the
43 Fiscal Year 2010 Budget Support Act of 2009 (2nd engrossed version).
44
45 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That
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Deleted: “
1 this act may be cited as the “Developmental Disabilities Reform Act of 2009”. Deleted: 2008
Deleted: ”
2 TITLE I. DEVELOPMENTAL DISABILITIES RIGHTS AND SERVICES.
3 Sec. 101. Short title.

Deleted: “
4 This act may be cited as the “Developmental Disabilities Rights and Services Act of
Deleted: 8
5 2009”. Deleted: ”
6 Sec. 102. Findings and purpose.
7 (a) The Council finds that:

Deleted: It is the policy of the
8 (1) District residents with developmental disabilities have all the civil and legal Deleted: that
9 rights enjoyed by all other residents of the District and the United States;
10 (2) For 30 years, the Mentally Retarded Citizens Constitutional Rights and
11 Dignity Act of 1978, effective March 3, 1979 (D.C. Law 2-137; D.C. Official Code § 7-1301.02
12 et seq.) has required the voluntary admission or involuntary commitment of persons with
13 developmental disabilities to residential facilities through the Superior Court. However, this
14 process no longer reflects the structure of the District’s service system, the requirements under
15 federal laws and programs, state and national best practices, and contemporary knowledge of the
16 rights, abilities, and preferences of persons with developmental disabilities;
17 (3) All District residents benefit when persons with developmental disabilities
18 live with independence and dignity in the most inclusive and most integrated community setting
19 possible and have the freedom and opportunity to fully participate in the cultural, economic,
20 educational, political, and social fabric of their communities;
21 (4) Residents with developmental disabilities are effective advocates who speak
22 up on their own behalf and should be engaged as active partners by District government, service
23 providers, and community members;
6
1 (5) Residents with developmental disabilities are best able to determine their own
2 needs and should be afforded all the information, opportunities, support, and reasonable
3 accommodations required to make meaningful choices about where they live, work, and play
4 and, to the greatest extent possible, to control the design and delivery of their services;
5 (6) Residents with developmental disabilities are capable of making and verbally,
6 nonverbally, and behaviorally communicating decisions about their personal care, health care,
7 legal matters, financial affairs, business, assets, and all other aspects of their lives; and
8 (7) Families, by far, provide the greatest quantity and, in many instances, quality
9 of services and support for their family members with developmental disabilities.
10 (b) The Council therefore declares that the District shall implement a model system of
11 effective, quality supports and services for residents with developmental disabilities and for their
12 families, which:
13 (1) Fully recognizes the person’s rights, abilities, and preferences;
14 (2) Is rooted in best practices, ongoing innovation, and standards of excellence;
15 (3) Removes universal requirements for admission or commitment to residential
16 services through the Superior Court;
17 (4) Seeks to maintain a high quality of life and encourages the maximum
18 development of the ability and potential of each person;
19 (5) Offers flexibility and a full range of service options, including comprehensive
20 family support throughout the life of the person;
21 (6) Adopts an individualized, person-centered approach that is responsive to the
22 unique strengths, abilities, needs, culture, values, and preferences of each person and family;
7
1 (7) Builds familial and community support and ensures that each person has
2 meaningful opportunities to develop and maintain relationships with family, friends, coworkers,
3 and others;
Deleted: and expands
4 (8) Offers multiple options for problem resolution and provides access to
Deleted: to the Superior Court and to
Court-appointed
5 advocates and legal services;
Deleted: counsel
6 (9) Is delivered by a diverse workforce that is well-qualified, highly motivated,
7 receives ongoing training, demonstrates necessary skills, and regularly uses best practices; and
8 (10) Is distributed with fairness and equity and produces measurable results that
9 demonstrate that the supports and services have met the goals and needs of, and satisfied, each
Deleted: ¶
10 person and family. Deleted: (c) It is the intent of the
Council that this act shall provide an
orderly process for persons who were
11 Sec. 103. Definitions. admitted or committed to a facility
pursuant to the Mentally Retarded
Citizens Constitutional Rights and
12 For the purposes of this act: Dignity Act of 1978 to transition to the
new model system of rights and effective,
quality supports and services provided
13 (1) “Abuse” has the same meaning as in section 2 of the Adult Protective Services Act of under this act. It is the intent of the
Council that this transition process shall
be complete by 18 months after the
14 1984, effective March 14, 1985 (D.C. Law 5-156; D.C Official Code § 7-1901). effective date of this act and shall
include:¶
(1) Notification and education of persons
15 (2) “Administrative Procedure Act” or “APA” means Chapter 5 of Title 2. with developmental disabilities and their
families of the changes under this act;¶
(2) Development and implementation of
16 (3) “Advanced practice registered nurse” includes a nurse-practitioner or a clinical nurse the program of Superior Court-appointed
advocates established under section 108;
and ¶
17 specialist, licensed pursuant to D.C. Official Code § 3-1202.04 and Chapter 59 or Chapter 60 of (3) Development and implementation of
the system of legal services and access to
the Superior Court established under
18 Title 17 of the District of Columbia Municipal Regulations, who has been certified as a specialist section 118.
19 in psychiatry and mental health.

Deleted: 3
20 (4) “Advocate” means a member of the group of advocates appointed by the advocate
Deleted: 108
21 program pursuant to section 107 or by the Superior Court pursuant to section 128.
Deleted: 4
22 (5) “Behavior support plan” means a written plan that, at a minimum:
23 (A) Identifies challenging or problematic behavior;
8
1 (B) States the working hypothesis about the cause of the person’s behavior and
2 uses the working hypothesis as the basis for the selected intervention;
3 (C) Identifies strategies to teach or encourage the person to adopt adaptive
4 behavior as an alternative to the challenging or problematic behavior;
5 (D) Considers the potential for environmental or programmatic changes that
6 could have a positive impact on challenging or problematic behaviors; and
7 (E) Addresses the person’s need for additional technological or supervisory
8 assistance to adapt or cope with day to day activities.

Deleted: 5
9 (6) “Best interests” means promoting personal well-being by assessing:
10 (A) The reason for the proposed action, its risks and benefits, and any alternatives
11 considered and rejected; and
12 (B) The least intrusive, least restrictive, and most normalizing course of action
13 possible to provide for the needs of the person.
14 (7) “Capacity” means the ability, with support, to make and carry out a decision by
15 means of mental ability, behavior, or both regarding the situation or subject matter involved.
Deleted: 7
16 (8) “Cause injury to others as a result of the person’s intellectual disability” means cause
17 injury to others as a result of deficits in adaptive functioning associated with intellectual
18 disability.
19 (9) “CFSA” means the Child and Family Services Agency established by § 4-1303.01a.
Deleted: DDA
20 (10) “Civil commitment” means the commitment to the care of the DDS, pursuant to a
21 court order, of a person found incompetent in a criminal case at the request of the District.
22 (11) “Complaint” means a description of a person’s dissatisfaction with his or her
23 supports and services, including denials of supports and services, delays in supports and services,
9
1 failures to provide supports and services, or violations or limitations of rights of the person
2 involving programs, personnel, supports, or services.
3 (12) “Comprehensive screening” means the comprehensive screening conducted in

Deleted: 107
4 accordance with section 106.
5 (13) “Court” means the Superior Court of the District of Columbia.
6 (14) “Crime of violence” has the same meaning as in § 23-1331(4).
7 (15) “Criminal background check” means the investigation of an individual’s criminal
8 history through the record systems of the Federal Bureau of Investigation and the Metropolitan
9 Police Department.
10 (16) “DCPS” means the District of Columbia Public Schools.

Deleted: 5
11 (17) “DDA” means the Developmental Disabilities Administration of the Department on
12 Disability Services.
Deleted: 6
13 (18) “DDS” means the Department on Disability Services established by the Department
14 on Disability Services Establishment Act of 2006, effective March 14, 2007 (D.C. Law 16-264;
Deleted: § 7-761.03
15 D.C. Official Code § 7-761.01 et seq.).
16 (19) “Developmental Disabilities State Planning Council” means the District of
17 Columbia Developmental Disabilities State Planning Council, established by Mayor's Order 98-
18 7, issued on January 21, 1998 (45 DCR 882).

Deleted: 17
19 (20) (A) “Developmental disability” means, in general, a severe chronic disability of a
20 person that:
21 (1) Is attributable to a physical or mental impairment, other than the sole
22 diagnosis of mental illness, or to a combination of mental and physical impairments;
23 (2) Is manifested before the person attains the age of 22;
10
1 (3) Is likely to continue indefinitely;
2 (4) Results in substantial functional limitations in 3 or more of the
3 following areas of major life activity:
4 (i) Self-care;
5 (ii) Receptive and expressive language;
6 (iii) Learning;
7 (iv) Mobility;
8 (v) Self-direction;
9 (vi) Capacity for independent living; and
10 (vii) Economic self-sufficiency; and
11 (5) Reflects the person’s need for a combination and sequence of special,
12 interdisciplinary, or generic services, individualized supports, or other forms of assistance that
13 are of lifelong or extended duration and are individually planned and coordinated.
14 (B) A person from birth to age 9, inclusive, who has a substantial developmental
15 delay or specific congenital or acquired condition, may be considered to have a developmental
16 disability without meeting 3 or more of the criteria described in clauses (1) through (5) of
17 subparagraph (A) of this paragraph if the person, without supports and services, has a high
18 probability of meeting those criteria later in life.

Deleted: 1
19 (21) “DHCF” means the Department of Health Care Finance established by the
20 Department of Health Care Finance Establishment Act of 2007, effective February 27, 2008
Deleted: 2
21 (D.C. Law 17-109; D.C Official Code § 7-771.01 et seq.) and responsible for administering the
22 District’s Medical Assistance Program.
23 (22) “DHS” means the Department of Human Services.
11
1 (23) “DMH” means the Department of Mental Health established by the Department of
2 Mental Health Establishment Amendment Act of 2001, effective December 18, 2001 (D.C. Law
3 14-56; D.C. Official Code § 7-1131.01 et seq.).

Deleted: ¶
4 (24) “DOH” means the Department of Health. Deleted: 0
Deleted: 1
5 (25) “DSM-IV-TR” means the most recent version of the Diagnostic and Statistical
6 Manual of Mental Disorders.

Deleted: 2
7 (26) “DSM-IV-TR ‘V’ Codes” means “V” codes as defined in the most recent version of
8 the Diagnostic and Statistical Manual of Mental Disorders.

Deleted: 3
9 (27) “DYRS” means the Department of Youth Rehabilitation Services established by the
10 Department of Youth Rehabilitation Services Establishment Act of 2004, effective April 12,
Deleted: 2
11 2005 (D.C. Law 15-335; D.C. Official Code § 2-1515.01 et seq.).
Deleted: 4
12 (28) “Employee” means an individual who is employed on a full-time, part-time,
Deleted: or
13 temporary, or contractual basis by the DDA, a provider, or the advocate program established by
14 section 107.
15 (29) “Exploitation” has the same meaning as in section 2 of the Adult Protective
16 Services Act of 1984, effective March 14, 1985 (D.C. Law 5-156; D.C Official Code § 7-1901).
Deleted: 25
17 (30) “Family” means:
Deleted: includes a person with a
developmental disability and that
18 (A) A group of individuals that:
19 (1) Is related by blood, marriage, domestic partnership, adoption, or legal
20 custody; or
21 (2) Considers themselves a family based upon bonds of affection, which,
22 for the purposes of this act, means enduring ties that do not solely depend upon the existence of
23 an economic relationship; or
12
1 (B) Any other family unit as the DDS may define in rules.
Deleted: 26
2 (31) “Family support services” means services, resources, and other forms of assistance
3 that help families to support their members who have developmental disabilities to live in the
4 family home or to maintain family unity.

Deleted: 27
5 (32) “FBI” means the Federal Bureau of Investigation.
6 (33) “Forest Haven” means the institution established by § 44-1401 and designated
7 “Forest Haven” by § 44-1402.

Deleted: (28) “Grievance” means a
description of a person’s dissatisfaction
8 (34) “Human Rights Advisory Committee” or “HRAC” means the committee of the with his or her supports and services,
including denials of or failures to provide
supports and services, conditions or
9 DDA which provides guidance and oversight regarding matters pertaining to the human rights of incidents, or violations or limitations of
rights of the person involving programs,
personnel, supports, or services. ¶
10 persons receiving supports and services and reviews allegations of human rights violations, or its
Deleted: 29
11 successor entity.
Deleted: 9
12 (35) “ICD-10-CM” means the most recent version of the International Classification of
13 Diseases Code Manual.

Deleted: 1
14 (36) “Individual support plan” or “ISP” means a document that identifies and authorizes
15 the supports and services to comprehensively meet the person’s assessed needs in accordance
16 with the person’s expressed preferences, goals, and decisions concerning his or her life in the
17 community.
Deleted: (32) “Informed consent”
means consent voluntarily given, in
18 (37) “Intellectual disability” or “persons with intellectual disability” means a substantial writing, with sufficient knowledge and
comprehension of the subject matter
involved to enable the person giving
19 limitation in capacity that manifests before 18 years of age and is characterized by significantly consent to make an understanding and
enlightened decision, without any
element of force, fraud, deceit, duress, or
20 subaverage intellectual functioning, existing concurrently with 2 or more significant limitations other form of constraint or coercion.¶
Deleted: 3
21 in adaptive functioning.
13
1 (38) “Interagency Coordinating Council” means the council established by section 503
2 of the Early Intervention Program Establishment Act of 2004, effective April 13, 2005 (D.C.
3 Law 15-353; D.C. Official Code § 7-863.03).

Deleted: 4
4 (39) “Job applicant” means an individual who has filed a written application for
Deleted: or
5 employment with the DDA, a provider, or the advocate program established by section 107.
Deleted: 35
6 (40) “Medical Assistance Program” and “Medicaid Program” mean the program
7 described in the Medicaid State Plan and administered by the Department of Health Care Finance
8 pursuant to § 1-307.02(b), and Title XIX of the Social Security Act, approved July 30, 1965 (79
9 Stat. 343; 42 U.S.C. § 1396 et seq.).

Deleted: 36
10 (41) “Mental illness” means a diagnosable mental, behavioral, or emotional disorder
11 (including those of biological etiology) which substantially impairs the mental health of the
12 person or is of sufficient duration to meet diagnostic criteria specified within the DSM-IV-TR or
Deleted: 9
13 its ICD-10-CM equivalent (and subsequent revisions) with the exception of DSM-IV-TR “V”
14 codes, substance abuse disorders, developmental disorders, or seizure disorders, unless those
15 exceptions co-occur with another diagnosable mental illness.
16 (42) “Minor” means a person under 18 years of age, but does not include a person who is
17 an emancipated minor or who is married.
18 (43) “Most integrated setting” means a setting that enables persons with disabilities to
19 interact with persons without disabilities to the fullest extent possible.

Deleted: 39
20 (44) “MPD” means the Metropolitan Police Department.
21 (45) “Neglect” has the same meaning as in section 2 of the Adult Protective Services Act
22 of 1984, effective March 14, 1985 (D.C. Law 5-156; D.C Official Code § 7-1901).
14
Deleted: 0
1 (46) “Nurse Aide Abuse Registry” means a record, maintained by the District in
2 accordance with section 4211 of the Omnibus Budget Reconciliation Act of 1987, approved
3 December 22, 1987 (101 Stat. 1330-182; 42 U.S.C.S. § 1396r), and 29 DCMR § 3250-3254,
4 containing names of individuals who worked as nurse aides and were determined to have abused
5 or neglected, or misappropriated the property of, a nursing home resident.

Deleted: 1
6 (47) “ODR” means the Office of Disability Rights established by the Disability Rights
7 Protection Act of 2006, effective March 8, 2007 (D.C. Law 16-239; D.C. Official Code § 2-
Deleted: 3
8 1431.01 et seq.).
9 (48) “Office on Aging” means the Office on Aging established by section 301 of the
10 District of Columbia Act on the Aging, effective October 29, 1975 (D.C. Law 1-24; D.C.
11 Official Code § 7-503.01).

Deleted: 2
12 (49) “OHR” means the Office of Human Rights established by the Service Improvement
13 and Fiscal Year 2000 Budget Support Act of 1999, effective October 20, 1999 (D.C. Law 13-38;
14 D.C. Official Code § 2-1411.01).

Deleted: (43) “Office on Aging”
means the Office on Aging established by
15 (50) “Parent” means: § 7-503.01. ¶
Deleted: 44
16 (A) A person’s natural, adoptive, or foster parent; or
17 (B) With respect to a minor, an individual acting in the place of a natural or
18 adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives,
19 or an individual who is legally responsible for the child's welfare.

Deleted: (45) “Person” means an
individual who has requested an
20 (51) “Person found incompetent in a criminal case” means a person who: eligibility determination under this act or
is receiving supports and services under
this act, and is meant to include all terms
21 (A) Has at least moderate intellectual disability as defined in the DSM-IV-TR; that may be used to refer to such an
individual including “applicant”, “client”,
“consumer”, “customer”, “recipient”, and
22 (B) Is charged with a crime of violence or sex offense; “ward”.¶
Deleted: 46
15
1 (C) Has been found incompetent to stand trial, or to participate in sentencing or
2 transfer proceedings; and
3 (D) Has been found not likely to gain competence in the foreseeable future.
4 (52) “Physical restraint” means any mechanical device, material, or equipment attached
5 or adjacent to a person’s body, or any manual method that the person cannot easily remove and
6 that restricts the person’s freedom of movement or normal access to his or her body.
7 (53) “Prone restraint” means any physical or mechanical restraint that places the person
8 in a face-down position.
Deleted: 47
9 (54) “Protection and advocacy agency” means the designated state protection and
Deleted: pursuant
10 advocacy agency for the District established by the Developmental Disabilities Assistance and Deleted: to
11 Bill of Rights Act of 2000, approved October 30, 2000 (114 Stat. 1712; 42 U.S.C. § 15041 et
Deleted: , and section 509 of the
Rehabilitation Act of 1973, approved
12 seq.). October 29, 1992 (106 Stat. 4430; 29
U.S.C. § 794e)
13 (55) “Provider” means an individual or entity that: Deleted: 48
14 (A) Is duly licensed or certified to provide supports and services; or
15 (B) Has entered into an agreement with the DDA to provide supports and
16 services.
Deleted: 4
17 (56) “Psychotropic medication” means a medication prescribed for the treatment of Deleted: 9
18 symptoms of mental or emotional disorders or to influence and modify behavior, cognition, or
19 affective state. The term “psychotropic medication” includes the following categories of
20 medications:
21 (A) Antipsychotics or neuroleptics;
22 (B) Antidepressants;
23 (C) Agents for control of mania or depression;
16
1 (D) Antianxiety agents;
2 (E) Sedatives, hypnotics, or other sleep-promoting drugs; and
3 (F) Psychomotor stimulants.

Deleted: 0
4 (57) “Resident of the District of Columbia” means a person who maintains his or her
5 principal place of abode in the District, including a person who would be a resident of the
6 District of Columbia if the person had not been placed in an out-of-state setting by the District. A
7 person with a developmental disability who is under 21 years of age shall be deemed to be a
8 resident of the District of Columbia if the custodial parent of the person is a resident of the
9 District of Columbia.
Deleted: 1
10 (58) “Respite services” means temporary supports and services provided to a person who Deleted: overnight
Deleted: a
11 has been found eligible for supports and services under this act, upon application of the person,
12 the person’s parent, the person’s guardian, or a family member of the person, for the temporary
13 relief of such parent, guardian, or family member, who normally provides for supports and
14 services for the person or for the temporary relief of the person.
15 (59) “Respondent” means the person whose civil commitment or continued civil
16 commitment is being sought in any proceeding under this act.

Deleted: 53
17 (60) “Restraint” means either a physical restraint or a drug that is being used as a
18 restraint.
19 (61) “Restrictive procedure” means a practice that:
20 (A) Limits a person’s movement or ability to function;
21 (B) Interferes with a person’s ability to acquire a desired outcome, object, or
22 activity;
23 (C) Results in the loss of an outcome, object, or activity that a person values; or
17
1 (D) Requires a person to engage in a behavior that the person would not engage
2 in if given freedom of choice.

Deleted: 54
3 (62) “Seclusion” means any involuntary confinement of a person alone in a room or an
4 area from which the person is either physically prevented from leaving or from which the person
5 is led to believe he or she cannot leave at will.
6 (63) “Sex offenses” means offenses in Chapter 30 of Title 22, but does not include any
7 offense described in § 22-4016(b).
8 (64) “State Advisory Panel on Special Education” means the State Advisory Panel on
9 Special Education for the District of Columbia, established by Mayor's Order 2007-246, issued
10 on November 13, 2007 (55 DCR 187).
11 (65) “Substituted judgment” means making a decision that conforms as closely as
12 possible with the expressed wishes of the person or with the decision that the person would have
13 made, based upon knowledge of the beliefs, values, and preferences of the person.
14 (66) “Support coordination” means a set of activities that provides a person, and the
15 person’s family where appropriate, with continuous access to assistance as needed to:
16 (A) Plan, obtain, and coordinate supports and services;
17 (B) Review and monitor the delivery of supports and services; and
18 (C) Promptly address issues encountered by the person in community living.
19 (67) “Support coordinator” means an individual designated by the DDA to provide
20 support coordination.
Deleted: 5
21 (68) “Supports and services” means all supports and services provided, funded, Deleted: 6
22 regulated, or coordinated by the DDA for the purpose of meeting the needs of persons with
18
1 developmental disabilities and their families and helping persons with developmental disabilities
Deleted: .
2 achieve the most independent, productive, and typical lives possible. Deleted: ¶
(57) “Sex offenses” means offenses in
Chapter 30 of Title 22, but does not
3 (69) “Transfer proceedings” means the proceedings pursuant to § 16-2307 to transfer an include any offense described in § 22-
4016(b).¶
(58) “Substituted judgment” means
4 individual less than 18 years of age from Family Court to Criminal Court in the Superior Court making a decision that conforms as
closely as possible with the decision that
the person would have made, based upon
5 of the District of Columbia to face adult criminal charges. knowledge of the beliefs, values, and
preferences of the person.¶
6 (70) “University Center for Excellence in Developmental Disabilities” or “UCEDD” Deleted: 59
7 means the designated state university center for excellence in developmental disabilities
8 education, research, and service for the District established by the Developmental Disabilities
9 Assistance and Bill of Rights Act of 2000, approved October 30, 2000 (114 Stat. 1719; 42 U.S.C.
10 § 15061 et seq.).
Deleted: 60
11 (71) “Unsupervised” means an employee or volunteer who is not under the direct
12 supervision, at all times, of an employee or a volunteer who has received a current, satisfactory
13 criminal background check.
14 (72) “Volunteer” means an individual who works without any monetary or any other
Deleted: or
15 financial compensation for the DDA, a provider, or the advocate program established by section
16 107.
Deleted: 62
17 (73) “Volunteer applicant” means an individual who has made an affirmative effort
Deleted: or
18 through a written application or a verbal request to serve in a volunteer position with the DDA, a
19 provider, or the advocate program established by section 107.
20 Sec. 104. Rights.
21 (a) Persons with developmental disabilities shall be presumed to have legal capacity and
22 shall have all the civil and legal rights guaranteed all other persons by the Constitution and laws
23 of the United States and of the District.
19
Deleted: P
1 (b) A person who has been found eligible for supports and services under this act shall Deleted: s
Deleted: have
2 have rights including the following:
3 (1) A right to receive supports and services in the least restrictive, most inclusive
4 and most integrated setting. Supports and services shall be directed toward the achievement of
5 the most independent, productive, and typical lives possible;

Deleted: , and a right to be free from
harm
6 (2) A right to personal liberty, dignity, respect, and privacy;
7 (3) A right to be free from abuse, neglect, and exploitation;

Deleted: 3
8 (4) A right to receive supports and services promptly;
Deleted: 4
9 (5) A right to exercise control and choice over personal living arrangements,
10 relationships with people in the community, education, employment, leisure, recreation, the
11 pursuit of a personal future, the selection of a support coordinator, the selection and
Deleted: and
12 implementation of supports and services, and all other aspects of daily life;
Deleted: 5
13 (6) A right to all information, opportunities, supports, and reasonable
14 accommodations needed to exercise control and to freely make and express choices through
15 verbal, nonverbal, and behavioral means;
16 (7) A right to receive information in writing and in any other method or language
17 needed to maximize the person’s understanding and communication;
18 (8) A right to access all information obtained and records prepared by the DDS or
19 a provider that relate to the person, including records prepared in the course of determining
20 eligibility, providing supports and services, conducting quality reviews, and addressing
21 grievances; and
22 (9) A right to voice complaints, concerns, and suggestions without interference or

Deleted: .¶
23 fear of reprisal.
20
Deleted: with developmental
disabilities
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;

Deleted: grievances
11 (4) Insure that the person can voice complaints, concerns, and suggestions
Deleted: and
12 without interference or fear of reprisal;
Deleted: grievances
13 (5) Seek to resolve complaints and concerns in a timely fashion; and
Deleted: . ¶
(d) The rights provided under
14 (6) Provide and require that all employees complete initial and annual training on subsections (a), (b), and (c) of this section
shall be exercised on behalf of a minor by
the minor’s parent or guardian.¶
15 the rights of persons with developmental disabilities. (e) All staffs of public and private
agencies receiving District funds for the
purpose of serving persons with
16 (d) All public and private agencies receiving District funds for the purpose of serving developmental disabilities shall receive
Deleted: f
17 persons with developmental disabilities shall provide the person who is receiving supports or
Deleted: , the parent of a minor, the
person’s guardian, and any other
18 services with information regarding: individual identified by an adult person,
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 legal services program
Deleted: office authorized to resolve
grievances for the DDA
21 established by section 108, the problem resolution office established by section 118, the
Deleted: any sources for obtaining
counsel and advocates,
22 protection and advocacy agency, any external advocacy agency designated by the DDA, and the
23 abuse and neglect hotline; and
21
1 (2) Supports and services provided by the DDA.

Deleted: g
2 (e) Unless a person consents or unless exigent circumstances exist, the District shall not Deleted: , a parent of a minor, or a
person’s guardian
3 change the provider, type, frequency, or location of any support or service without providing Deleted: move a person from a less
restrictive setting to a more restrictive
setting without providing
4 advance notice and the opportunity to request a fair hearing, file a complaint pursuant to section Deleted: of the move
Deleted: request a hearing pursuant to
5 118, or request a review of agency action pursuant to section 119. The District must prove by Section 118.
Deleted: Such moves include
6 clear and convincing evidence that such a change is appropriate and in the best interests of the movement from more to less structured
living, from larger to smaller living
arrangements, from group to individual
7 person. residences, from segregated from the
community to integrated with community
living, and from dependent to
8 (f) The following procedures are prohibited: independent living.
Deleted: move
9 (1) Any procedure that is used as a means of coercion, discipline, or retaliation,
10 or that is used solely for the convenience of staff;
11 (2) Any restrictive procedure for managing or changing behavior that is not part
12 of a behavior support plan;
13 (3) Deliberate infliction of pain;
14 (4) Denial of food or liquids that are a part of the person’s nutritionally adequate
15 diet;
16 (5) Behavioral treatment strategies that are not supported by empirical evidence
17 or that cause undue pain, trauma, or deprivation of rights;
18 (6) Forced exercise;
19 (7) Noxious, painful, or aversive stimuli used to manage or change behavior;
20 (8) Standing orders and as-needed orders for psychotropic medications;
21 (9) Prone restraint, standing orders for restraint, and physical management
22 strategies not included as part of a District-approved physical management approach; and
23 (10) Seclusion.
22
1 (g) The DDS shall identify and take appropriate enforcement action regarding violations
2 of subsections (c), (d), and (f) of this section.

Deleted: h
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

Deleted: s
8 (2) Standards for restrictive procedures, in accordance with best practices and Deleted: restricted
Deleted: , and shall prohibit:¶
9 recommendations by the Council on Quality Leadership. (1) Any procedure that is used as a
means of coercion, discipline,
convenience, or retaliation by staff;¶
10 Sec. 105. Rights of persons formerly committed and former Forest Haven residents. (2) Corporal punishment;¶
(3) Denial of food or liquids that are a
part of the person’s nutritionally adequate
11 (a) No person who prior to the effective date of this act was committed to a facility diet;¶
(4) Experimental treatment or behavior
modification techniques that cause pain
12 pursuant to the Mentally Retarded Citizens Constitutional Rights and Dignity Act of 1978, or trauma or involve deprivation of
rights;¶
(5) Forced exercise;¶
13 effective March 3, 1979 (D.C. Law 2-137; D.C. Official Code § 7-1301.01 et seq.) shall be (6) Noxious or aversive stimuli;¶
(7) Standing orders and as-needed orders
for psychotropic medications;¶
14 denied supports and services suited to the person’s needs, regardless of the person’s age or the (8) Prone restraint and standing orders
for restraint; and¶
(9) Seclusion.¶
15 degree or type of the person’s disability. The DDA shall provide such a person with supports and (i) The DDS shall identify violations of
this section and take appropriate
enforcement action regarding these
16 services that will maximize the person’s human abilities, enhance the person’s ability to cope violations.
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
1 environment, and create a reasonable opportunity for progress toward the goal of independent Deleted: Sec. 105. Comprehensive
Developmental Disabilities Services Task
Force.¶
2 living. (a) There is established a Comprehensive
Developmental Disabilities Services Task
Force (“Task Force”) to develop a
3 Sec. 106. Eligibility. comprehensive plan for the District to
meet the current and future community
living supports and services needs of
4 (a) A request for the DDA to determine eligibility for supports and services shall be residents of all ages with developmental
disabilities and their families in a manner
most likely to promote the findings and
5 made by the person, who may be accompanied and supported in making the request by any achieve the purposes stated in section
102.¶
(b) The Task Force shall:¶
6 individual that the person chooses. For a minor, the request for eligibility determination may be (1) Include no more than 15 voting
members, of whom one shall also be a
member of the Family Support Council
7 initiated by a parent or guardian. A request for eligibility determination is not: established under section 113, 50% shall
be residents with developmental
disabilities, 30% shall be parents and
8 (1) A health-care decision subject to Chapter 22 of Title 21; or other family members of residents with
developmental disabilities, and 20% shall
be representatives of community groups
9 (2) A decision that requires an adult person to be represented by a guardian, and experts; ¶
(2) Include non-voting agency directors
appointed by the Mayor to represent
10 advocate, family member, counsel, or other representative. agencies that currently or potentially
serve residents with developmental
disabilities and their families. The agency
11 (b) For a period of 12 months after the effective date of this act, a person shall be eligible directors shall attend all regular Task
Force meetings; and ¶
(3) Be co-chaired by the Director of the
12 for supports and services under this act if the person: DDS, a person with a developmental
disability, and a family member of a
person with a developmental disabilities.
13 (1) Is a resident of the District of Columbia; and The person and family member shall be
selected by the Task Force members.¶
(c) The Task Force members shall be
14 (2) Has a comprehensive screening that finds that an intellectual disability that appointed by the Mayor with the advice
and consent of the Council. The Mayor
shall transmit to the Council, within 30
15 also meets the definition of a developmental disability is present. days of the effective date of this act,
proposed resolutions to approve the
appointment of each member of the Task
16 (c) For a period of between 12 months and 24 months after the effective date of this act, Force for a 30-day period of review,
excluding days of Council recess. If the
Council does not approve or disapprove a
17 a person shall be eligible for supports and services under this act if the person: resolution within a 30-day period, the
resolution shall be deemed approved.¶
(d) The DDS shall provide staff
18 (1) Is a resident of the District of Columbia; and assistance and support to the Task Force.¶
(e) The Task Force may sponsor public
forums, conduct focus groups, create
19 (2) Has a comprehensive screening that finds that: committees and take other steps to obtain
widespread public input. The Task Force
shall enact rules of procedure or bylaws
20 (A) An intellectual disability that also meets the definition of a to guide its operation, which shall include
quorum requirements. ¶
(f) Task Force rules, bylaws, agendas,
21 developmental disability is present; or minutes, meeting transcripts, and reports
shall be made readily available to the... [1]
Deleted: 7
22 (B) The person meets other eligibility criteria that have been established
Deleted: If the person is age 18 or
older, the request for eligibility
23 through rulemaking by the Director of the DDS. determination may be initiated by the
person’s guardian, if the request for
eligibility determination falls under the
scope of the guardianship.
24
1 (d) Beginning 24 months after the effective date of this act, a person shall be eligible for
2 supports and services under this act if the person:
3 (1) Is a resident of the District of Columbia; and
4 (2) Has a comprehensive screening that finds that a developmental disability is
5 present or, if the person is under the age of 22, has a comprehensive screening that finds that:
6 (A) A developmental disability is present; or
7 (B) A disability is present that is attributable to a physical or mental
8 impairment, other than the sole diagnosis of mental illness, or to a combination of mental and
9 physical impairments, but the scope of functional limitations is inconclusive or it cannot be
10 determined whether the disability will continue indefinitely.
11 (e) Within 30 calendar days of receiving a request for eligibility determination, the DDA
12 shall complete a comprehensive screening of the person. A professional experienced in assessing
13 developmental disabilities shall conduct the comprehensive screening process. The
14 comprehensive screening process shall elicit information directly from the person and, with the
15 person’s consent, individuals who know the person well, and shall include the use of
16 standardized assessment tools. The comprehensive screening process shall:
17 (1) Determine the nature, scope, and expected duration of the person’s disability;
18 (2) Identify the type and intensity of support needs in functional life areas;
19 (3) Identify the potential need for assistive technology; and
20 (4) Identify whether the person:

Deleted: (A) Has the capacity to grant,
refuse, or withdraw consent to any
21 (A) Has executed or could execute a durable power of attorney in ongoing medical treatment;¶
22 accordance with D.C. Official Code § 21-2205; or Deleted: B
25
Deleted: C
1 (B) Has an individual reasonably available, mentally capable, and willing
2 to provide substituted consent pursuant to D.C. Official Code § 21-2210.
3 (f) For the purpose of eligibility determination, the DDA shall accept information from
4 sources outside the DDA that establishes residency or helps complete any part of the
5 comprehensive screening process required under paragraphs (1) through (4) of subsection (d) of
Deleted: the parent of a minor, or the
person’s guardian
6 this section. Upon authorization by the person, the DDA shall gather such information on behalf
7 of the person.
8 (g) Within 10 business days of receiving documentation of residency and completing the
9 comprehensive screening, the DDA shall make an eligibility determination and shall provide the
person’s guardian,
10 person and any individual identified by the person with a letter stating the determination of
Deleted: other
11 eligibility, the legal and factual basis for the determination including citation of the applicable Deleted: an adult
Deleted: information on
12 law or policy, and a contact person at the DDA. The letter shall be accompanied by:
Deleted: T
13 (1) A description of the person’s rights under this act;
Deleted: (2) Grievance procedures
under this act, including the right to
14 (2) Telephone numbers for the protection and advocacy agency, any external appeal a denial of eligibility; ¶
Deleted: 3
15 advocacy agency designated by the DDA, and any sources for obtaining counsel and advocates;
Deleted: and
Deleted: 4
16 (3) If the DDA has found the person to be eligible:
Deleted: S
17 (A) Information on the supports and services provided by the DDA;
18 (B) Information on the person’s right to file a complaint or request a
19 hearing under this act and how to file a complaint or request a hearing;
Deleted: B
20 (C) Dates, times, and locations of upcoming orientation sessions and Deleted: U
21 trainings on rights, supports and services, and grievances under this act;
Deleted: C
22 (D) A description of the ISP process and how to select or change a Deleted: T
23 support coordinator; and
26
Deleted: D
1 (E) Telephone numbers for the advocate program established by section Deleted: Contact information
2 107, the legal services program established by section 108, the problem resolution office grievances for the DDA
3 established by section 118, and the abuse and neglect hotline; and
4 (4) If the DDA has found the person to be ineligible, information on the person’s
Deleted: .
5 right to appeal a denial of eligibility and how to file an appeal.
6 (h) If the DDA finds the person is not eligible, the DDA shall use the information
7 gathered during the comprehensive screening process to refer and connect the person to other
8 agencies.
person’s guardian,
9 (i) If the DDA finds the person is not eligible, the person or any individual chosen by the
Deleted: other
10 person may: Deleted: an adult
11 (1) Appeal a denial of eligibility in accordance with the procedures established

Deleted: under
12 by section 118. An appeal may include a request for a new comprehensive screening conducted Deleted: 117
13 by a professional who is different from the professional who conducted the original
Deleted: , if the individual filing the
appeal believes that the initial
14 comprehensive screening process; and comprehensive screening failed to
comply substantially with accepted
professional standards and that sound
15 (2) Request a new eligibility determination if new information becomes available professional judgment was not exercised
in the performance of the screening
16 regarding the person’s diagnosis, age of onset of the disability, severity of the disability, or
17 residency. A denial of a request for a new eligibility determination may be appealed using the
Deleted: under
18 same procedures for appealing a denial of eligibility established by section 118. Deleted: 117
19 (j) An assessment required for a comprehensive screening under this section shall be at
20 the District’s expense if the cost of the assessment cannot otherwise be paid by a federal, local,
21 or private insurance program. Seeking third-party payment for an assessment shall not delay the
22 completion of the screening or eligibility determination.
27
1 (k) The DDA may provide supports and services prior to the completion of the
2 comprehensive screening and eligibility determination:
3 (A) If the person is homeless or at imminent risk of becoming homeless as these
4 terms are defined in section 2 (18) and (23) of the Homeless Services Reform Act of 2005,
Deleted: § 4-751.01
5 effective October 22, 2005 (D.C. Law 16-35; D.C. Official Code § 4-752.01(18) and (23));
6 (B) If there is an expectation that the person is in imminent danger or will be
7 subject to abuse or neglect if the person does not receive supports or services; or
8 (C) Pursuant to court order, if the person has been found incompetent in a
9 criminal case.
10 (l) In accordance with the District of Columbia Administrative Procedure Act, approved
12 shall issue regulations to implement this section which shall include guidance on information
13 which the DDA will accept for the purposes of eligibility determination if written documentation
14 of the age of onset of a person’s disability is not available.

Deleted: 8
15 Sec. 107. Advocate program. Deleted: Notification of the Court;
appointment of a
16 (a) There is established an advocate program within the District to provide trained Deleted: s
17 advocates to assist persons age 18 or older who have been found eligible for supports and
18 services under this act to navigate the DDA service system and to lead meaningful, fully
19 integrated lives in the community.
20 (b) The District shall operate the advocate program through a grant or contract with one
21 or more qualified private, community-based, nonprofit corporations, organizations, or consortia
22 of organizations, with offices located in the District. Each grantee, contractor, and advocate
23 under the program shall be independent of any public or private agency that provides supports
28
1 and services pursuant to section 111 or section 112. The process for awarding a grant or contract
2 for the advocate program shall include participation by 2 or more persons with developmental
3 disabilities, family members of persons with developmental disabilities, or representatives of
4 community-based organizations that work with District residents with developmental disabilities.
5 (c) The advocate program shall:
6 (1) Provide paid or volunteer advocates to persons with developmental

Deleted: (a) When the DDA has
determined a person to be eligible for
7 disabilities age 18 or older who have been found eligible for supports and services under this act; supports and services under section 107,
the DDA shall within 10 business days
notify the Court; however, an adult
8 (2) Ensure that all advocates complete a pre-employment screening, a criminal person, the parent of a minor, or the
person’s guardian may knowingly reject
court notification and shall be so advised
9 background check, and a training course; and by the DDA. If an adult person, a parent
of a minor, or a person’s guardian who
has rejected court notification at any time
10 (3) Engage in outreach and education to inform persons with developmental withdraws the rejection, the DDA shall
within 10 business days make the person
known to the Court.¶
11 disabilities age 18 or older who have been found eligible for supports and services under this act (b) A person made known to the Court in
accordance with this section shall have
the services of an advocate; however, an
12 about the opportunity to have an advocate. adult person, the parent of a minor, or the
person’s guardian may knowingly reject
the services of an advocate and shall be
13 (d) Within 5 business days after the DDA has found a person who is age 18 or older so advised by the Court. If an adult
person, a parent of a minor, or a person’s
guardian who has rejected the services of
14 eligible for supports and services pursuant to section 106, the DDA shall notify the advocate an advocate at any time withdraws the
rejection, the Court shall appoint an
advocate for the person in accordance
15 program and shall provide the advocate program with information on how to contact the person. with subsection (c) of this section. An
advocate whose services have been
rejected shall not have the rights set forth
16 (e) Upon notification by the DDA that the DDA has found a person eligible for supports in subsections (e), (f), (g), and (l) of this
section.¶
Deleted: c
17 and services pursuant to section 106 or upon receiving a request for an advocate, the advocate
Deleted:
18 program shall: Deleted: determined

Deleted: to be
19 (1) Within 10 business days, meet with the person and determine if the person Deleted: under
Deleted: 7
20 desires the services of an advocate; and Deleted: ,
Deleted: Court
21 (2) Within 20 business days, determine if the person meets the selection criteria
Deleted: w
Deleted: appoint
22 established by the Annual Statement of Objectives and Priorities pursuant to subsection (n) of
Deleted: a qualified advocate selected
from a list of such advocates it maintains
23 this section. and shall notify the person, the parent of a
minor, and the person’s guardian of the
appointment and the person’s right to
reject the services of the advocate
29
1 (f) Upon determination that a person desires the services of an advocate and meets the
2 selection criteria established by the Annual Statement of Objectives and Priorities pursuant to
3 subsection (n) of this section, the advocate program shall assign an advocate to the person. The
4 advocate program may assign an advocate for an indefinite period or on a basis limited by
5 duration, scope, or both.
6 (g) Upon determination that a person does not desire the services of an advocate or does
7 not meet the selection criteria established by the Annual Statement of Objectives and priorities
8 pursuant to subsection (n) of this section, the advocate program may refer the person to the legal
9 services program established by section 108, to another source of advocates, or to any
10 organization which the advocate program believes may help the person meet his or her needs,
11 preferences, and goals.
12 (h) A person may reject the services of an advocate and shall be so advised by the
13 advocate program. If a person who has rejected the services of an advocate at any time
14 withdraws the rejection, the advocate program shall meet with the person pursuant to subsection
15 (e) of this section.

Deleted: d
16 (i) A person may at any time request and receive a change in the person’s assigned Deleted: , the parent of a minor, or the
person’s guardian
17 advocate within 21 calendar days after the person makes the request, unless the advocate Deleted: .
18 program shows that the requested change would cause significant difficulty or expense.
19 (j) An advocate shall have the following powers and duties with respect to the person to
20 whom the advocate has been assigned, except as the advocate program may limit the advocate’s
21 powers and duties by duration, scope, or both:
22 (1) To inform the person of the his or her rights under this act and to support the
23 person to exercise his or her rights, including through referral to legal services;
30
1 (2) To become and remain personally acquainted with the person and to maintain
2 sufficient contact with the person to know of the person’s needs, preferences, goals, and
3 communication methods;
4 (3) To advocate on the basis of the expressed preferences of the person or, if the
5 person’s preferences cannot be determined, to advocate on the basis of the person’s best
6 interests; Deleted: (e) An advocate shall have

the following powers and duties with
respect to the person to whom the
7 (4) To support the person in such a manner as to encourage self-reliance and to advocate has been assigned: ¶
(1) To inform the person of the person’s
rights under the law and to ensure by all
8 enable the person to exercise rights, to communicate needs, preferences, and goals, and to means, including referral to counsel, that
the person is afforded all rights under the
law; ¶
9 participate to the greatest extent possible in the planning and delivery of supports and services, (2) To become and remain personally
acquainted with the person and to
maintain sufficient contact with the
10 including supporting the person in filing complaints and requesting legal representation; and person to know of the person’s needs,
preferences, goals, and communication
methods;¶
11 (5) If the person has been certified as incapacitated to make a health-care (3) To consult with the person’s family,
providers, and others concerned with the
person’s supports and services;¶
12 decision pursuant to § 21-2204 and no other no individual in a prior class is reasonably available, (4) To advocate on the basis of the
expressed preferences of the person or, if
the person’s preferences cannot be
13 mentally capable, and willing to act pursuant to §21-2210, to grant, refuse, or withdraw consent determined or if the person is a minor, to
advocate on the basis of the person’s best
interests;¶
14 on behalf of the person with respect to the provision of any health-care service, treatment, or (5) To support the person in such a
manner as to encourage self-reliance and
to enable the person to exercise rights, to
15 procedure consistent with the provisions of Chapter 22 of Title 21 of the District of Columbia communicate needs, preferences, and
goals, and to participate to the greatest
extent possible in the planning and
16 Official Code. delivery of supports and services;¶
(6) To monitor and report to the Court on
implementation of the person’s ISP and
17 (k) Unless a person objects, an advocate shall: related court orders; and¶
(7) To advocate for the person’s
preferences in the community by bringing
18 (1) Receive notice and have the right to participate in all meetings, conferences, concerns regarding the person’s well-
being to the appropriate professionals.¶
(f) If so authorized by the Court, the
19 or other proceedings relating to any matter affecting provision of supports and services to the advocate shall be permitted to grant,
refuse, or withdraw consent on behalf of
an adult person to whom the advocate has
20 person to whom the advocate has been assigned, including the ISP, any complaints and been assigned with respect to the
provision of any health-care service,
treatment, or procedure, consistent with
21 complaint resolution processes under this act, and any petitions and hearings before the Court the provisions of Chapter 22 of Title 21
of the District of Columbia Official Code.¶
22 related to the person’s rights, supports, and services; Deleted: g
Deleted: an
Deleted: adult
Deleted: , the parent of a minor, or the
person’s guardian
31
Deleted: affecting
1 (2) Have access to all records, reports, and documents relating to the person to
2 whom the advocate has been assigned which are maintained by a provider, the District, or the
Deleted: and
3 Court;
4 (3) Have access to all personnel and providers responsible for providing supports
Deleted: .
5 and services to the person to whom the advocate has been assigned; and
6 (4) Consult with the person’s family, providers, and others concerned with the
7 person’s supports and services.
8 (l) The advocate to whom information about a person has been released under subsection
9 (k) of this section shall be prohibited from using or releasing the information except in the proper
10 performance of his or her duties.

Deleted: (h) Advocates shall complete
a pre-employment screening, a criminal
11 (m) All communication between an advocate and the person to whom the advocate has background check, and a training course
in accordance with standards established
by the Court.¶
12 been assigned shall remain confidential and privileged as if between counsel and client. (i) An advocate shall limit his or her
caseload to a size that permits the
advocate to fulfill the duties of the
13 (n) By September 30 of each year the advocate program shall publish an Annual advocate established in this section, and
to maintain regular and reasonable
contact with each person, including a
14 Statement of Objectives and Priorities (“Annual Statement”) for the coming fiscal year. The minimum of one visit per month, unless
otherwise specified by the Court based on
the expressed preferences of the person.¶
15 Annual Statement shall describe and explain the priorities and selection criteria for the advocate (j) Advocates shall be provided directly
by the Court or by a contract with
individuals or organizations; however, the
16 program’s individual advocacy caseload and the outcomes which the program will seek to Court shall ensure that contracts and
other arrangements for selection and
provision of advocates provide that each
17 accomplish. Priorities established by the Annual Statement shall serve as the basis for the advocate shall be independent of any
public or private agency that provides
supports and services under this act. ¶
18 advocate program to determine which cases are selected in a given fiscal year. The advocate (k) Advocates shall be awarded hourly
compensation for services by the Court at
rates established by the Court. Advocates
19 program shall have the authority to turn down a request for an advocate when the request is shall have supervision and shall be
provided with facilities and other support
services sufficient to enable them to carry
20 outside the scope of the Annual Statement, but shall inform a person that this is the basis for out their duties under this act. ¶
Deleted: l
21 turning the person down.
22 (o) By August 15 of each year the advocate program shall transmit a draft Annual
23 Statement for the coming fiscal year to the Mayor and Council, shall post the draft Annual
32
1 Statement on the advocate program’s web site, and shall work in collaboration with the DDA to
2 disseminate notice of the draft Annual Statement to persons age 18 and older who have been
3 found eligible for supports and services under this act. The advocate program shall obtain
4 comment on the draft Annual Statement from the public, the Family Support Council established
5 by section 113, the Developmental Disabilities State Planning Council, the protection and
6 advocacy agency, and the UCEDD.
7 (p) The District shall fund the advocate program at $500,000 for the first fiscal year after
8 the effective date of this act, and thereafter shall increase funding above $500,000 per fiscal year
9 to levels that permit the advocate program to achieve the objectives established by this section.
10 Sec. 108. Legal services program.
11 (a) There is established a legal services program within the District to provide legal
12 representation to persons age 18 or older who have been found eligible for supports and services
13 under this act to help such persons to obtain quality supports and services and to exercise their
14 rights under this act.
15 (b) The District shall operate the legal services program through a grant or contract with
16 one or more qualified private, community-based, nonprofit corporations, organizations, or
17 consortia of organizations, with offices located in the District. Each grantee, contractor, and
18 counsel shall be independent of any public or private agency that provides supports and services
19 pursuant to section 111 or section 112. The process for awarding a grant or contract for the legal
20 services program shall include participation by 2 or more persons with developmental
21 disabilities, family members of persons with developmental disabilities, or representatives of
22 community-based organizations that work with District residents with developmental disabilities.
23 (c) Upon receiving a request for legal services, the legal services program shall:
33
1 (1) Within 10 business days, meet with the person and determine if the person
2 desires legal representation; and
3 (2) Within 20 business days, determine if the person meets the selection criteria
4 established by the Annual Statement of Objectives and Priorities pursuant to subsection (i) of this
5 section.
6 (d) Upon determination that a person desires legal representation and meets the selection
7 criteria established by the Annual Statement of Objectives and Priorities pursuant to subsection
8 (i) of this section, the legal services program shall assign counsel to represent the person.
9 (e) Upon determination that a person does not desire legal representation or does not
10 meet the selection criteria established by the Annual Statement of Objectives and priorities
11 pursuant to subsection (i) of this section, the legal services program may refer the person to the
12 advocate program established by section 107, to another source of legal services, or to any
13 organization which the legal services program believes may help the person meet his or her
14 needs, preferences, and goals.
15 (f) Counsel appointed to represent a person under this section shall not be precluded
16 from representing the person in any proceeding under this act including any proceeding before
17 the Office of Administrative Hearings, the District of Columbia Courts, and the federal courts.
18 However, counsel appointed to represent a person under this section shall not be used in lieu of
19 counsel appointed under the Criminal Justice Act (§ 11-2601 et seq.).
20 (g) Unless a person objects, a person’s counsel shall:
21 (1) Receive notice and have the right to participate in all meetings, conferences,
22 or other proceedings relating to any matter affecting provision of supports and services to the
23 person to whom counsel has been assigned, including the ISP, any complaints and complaint
34
1 resolution processes under this act, and any petitions and hearings before the Court related to the
2 person’s rights, supports, and services;
4 whom counsel has been assigned which are maintained by a provider, the District, or the Court;
5 and
7 and services to the person to whom counsel has been assigned.
8 (h) The legal services program may employ counsel on a full-time, part-time, temporary,
9 or contractual basis. Counsel shall be awarded hourly compensation for services by the legal
10 services program at rates established by the legal services program; however, in no event shall
11 the hourly rate exceed the rate set forth in the Criminal Justice Act (§ 11-2601 et seq.).
12 (i) By September 30 of each year the legal services program shall publish an Annual
13 Statement of Objectives and Priorities (“Annual Statement”) for the coming fiscal year. The
14 Annual Statement shall describe and explain the priorities and selection criteria for the legal
15 services program’s individual caseload and the outcomes which the program will seek to
16 accomplish. Priorities established by the Annual Statement shall serve as the basis for the legal
17 services program to determine which cases are selected in a given fiscal year. The legal services
18 program shall have the authority to turn down a request for legal representation when the request
19 is outside the scope of the Annual Statement, but shall inform a person that this is the basis for
20 turning the person down.
21 (j) By August 15 of each year the legal services program shall transmit a draft Annual
22 Statement for the coming fiscal year to the Mayor and Council, shall post the draft Annual
23 Statement on the legal services program’s web site, and shall work in collaboration with the
35
1 DDA to disseminate notice of the draft Annual Statement to persons age 18 and older who have
2 been found eligible for supports and services under this act. The legal services program shall
3 obtain comment on the draft Annual Statement from the public, the Family Support Council
4 established by section 113, the Developmental Disabilities State Planning Council, the protection
5 and advocacy agency, and the UCEDD.
6 (k) The District shall fund the legal services program at $500,000 for the first fiscal year
7 after the effective date of this act, and thereafter shall increase funding above $500,000 per fiscal
8 year to levels that permit the legal services program to achieve the objectives established by this
9 section.
10 Sec. 109. Support and service planning.

Deleted: (1)
11 (a) All supports and services shall be voluntary. A person who has been found eligible
12 for supports and services under this act shall be afforded all information, opportunities, supports,
13 and reasonable accommodations needed to exercise control and to freely make and express
14 choices through verbal, nonverbal, and behavioral means. A person’s way of communicating
15 with others is not grounds for deciding that he or she is incapable of making choices about his or
16 her supports and services. A request to receive a support or service is not:

Deleted: A
17 (1) A health-care decision subject to Chapter 22 of Title 21; or
Deleted: B
18 (2) A decision that requires an adult person to be represented by a guardian,
19 advocate, family member, counsel, or other representative.

Deleted: (2) A parent or guardian
may make choices on behalf of a minor
20 (b) Each person who has been found eligible for supports and services under this act who has been found eligible for supports
and services under this act, and shall be
afforded all information and opportunities
21 pursuant to section 106 shall have an ISP. needed to act in this capacity.¶
Deleted: receives supports and services
22 (c) The initial ISP shall be based on the comprehensive screening process completed for
Deleted: 107
23 eligibility determination as set forth in section 106.
36
1 (d) The ISP shall include:
2 (1) A description of the person’s strengths, needs, interests, preferences,

Deleted: connections or needed
connections to
3 communication methods, capacities, disabilities, relationships, and natural supports;
Deleted: the rights provided under this
act
4 (2) A description of opportunities for the person to learn of and exercise his or
Deleted: , including the right of the
person to become known to the Court
5 her rights;
Deleted: financial resources
6 (3) A description of the person’s resources including income, assets, insurance,
Deleted: and connections or needed
connections to
7 and any other benefits, supports, and services from public or private sources;
Deleted: and
8 (4) Information on whether the person has an advocate; Deleted: ;

Deleted: rejected Court notification or
the services of
9 (5) Information on whether the person:
Deleted: under section 108
10 (A) Has executed or could execute a durable power of attorney in Deleted: an adult person has the
capacity to grant, refuse, or withdraw
consent to any ongoing medical treatment
11 accordance with D.C. Official Code § 21-2205. A current durable power of attorney shall be and whether
12 included in the ISP. In the absence of a durable power of attorney, the ISP shall include
13 documentation that the person has been offered an opportunity to execute a durable power of
14 attorney pursuant to D.C. Official Code § 21-2205 and has declined; or
15 (B) Has an individual reasonably available, mentally capable, and willing
16 to provide substituted consent pursuant to D.C. Official Code § 21-2210;
17 (6) A description of short-range, intermediate-range, and long-range service and
18 support outcomes chosen by the person, a projected timetable for outcome attainment, and
19 measurable objectives that constitute progress toward the identified outcomes;
20 (7) A detailed list of supports and services to be provided and the amount,
Deleted: service
21 frequency, and duration of each support and service necessary to address the person’s needs, Deleted: support
Deleted: goals
22 preferences, and outcomes. The list of supports and services shall include identification and
37
1 justification of all mental health services, including psychotropic medications, behavior support
2 plans, and any other psychiatric treatments;

Deleted: Specification
3 (8) A list of the providers that will furnish each support and service; Deleted: to
Deleted: service and
4 (9) An explanation of monitoring procedures, including timelines and designation
5 of persons or agencies responsible for regular monitoring of the ISP; and

Deleted: R
6 (10) If appropriate, recommendations for supports and services that the person
Deleted: which meet the standard of
most integrated setting
7 wishes to explore in the future.
Deleted: d
8 (e) The DDA and any agencies listed in the ISP shall be responsible for ensuring that a
9 person’s ISP is implemented.

Deleted: (e) The DDA shall keep
waiting lists of all persons who are
10 (f) In accordance with the District of Columbia Administrative Procedure Act, approved eligible for supports and services under
this act, but for whom a requested support
or service has not been provided for any
11 October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), the Director of the DDS reason. The DDA shall ensure that:¶
(1) Persons on waiting lists begin to
receive supports and services at a
12 shall issue rules for developing and implementing ISPs in accordance with this section. reasonable pace that is based on a fair,
equitable, and consistent method of
adjusting support and service levels based
13 Rulemaking shall be informed by best and emerging practices or the standards for practice on the intensity and immediacy of the
needs of the person, the person’s family,
and other relevant circumstances
14 established by The Council on Quality and Leadership. affecting the support of the person; and¶
(2) Persons on waiting lists are kept up to
date on when they can expect to begin to
15 (g) Nothing in this section shall be construed as requiring any adult person to execute a receive supports and services.¶
Deleted: (f
16 durable power of attorney for health care or to have a guardian.
Deleted: g
17 Sec. 110. Support coordination.
18 (a) A person who has been found eligible for supports and services under this act shall
19 choose a support coordinator to help design the person’s ISP, with the participation of any
Deleted: other
20 individual the person chooses.
Deleted: , or the parent or guardian of a
minor,
21 (b) A person may request a new support coordinator at any time. By no later than 21
Deleted: choose
Deleted: different
22 calendar days after the person makes the request, the DDA shall provide the person with a new
Deleted: T
23 support coordinator, unless the DDA provides clear and convincing evidence that the requested Deleted: implement a request for a new
Deleted:
Deleted: within 21 calendar days
38
1 change would cause significant difficulty or expense. Before providing the person with a new
2 support coordinator the DDA may first attempt to informally resolve the person’s dissatisfaction
3 with his or her support coordinator.
4 (c) The DDA shall notify the person within one business day if the person’s support
5 coordinator becomes temporarily or permanently unavailable to work with the person.

Deleted: b
6 (d) The support coordinator shall help the person to:
7 (1) Understand the person’s rights under this act;

Deleted: goals
8 (2) Identify and communicate the person’s needs, preferences, and outcomes;
9 (3) Select supports and services to meet the person’s needs, preferences, and
Deleted: goals
10 outcomes and maximize the person’s ability to exercise the person’s rights;
11 (4) Visit, evaluate, and choose among potential providers;
12 (5) Develop and design the ISP;
13 (6) Review and monitor the delivery of supports and services; and
14 (7) Promptly address issues encountered by the person in community living.

Deleted: c
15 (e) The support coordinator shall notify the Office of the Attorney General if he or she Deleted: the support coordinator
16 believes that:
Deleted: Believes that a
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

Deleted: Believes that
20 (2) An advocate appointed by the Court is failing to perform the duties of an Deleted: a
Deleted: in accordance with section
21 advocate required under this act. 108
Deleted: d
22 (f) The support coordinator shall develop and implement the ISP within 60 calendar days
23 after the initial eligibility determination.
39
1 (g) The support coordinator shall with the person and any individual the person chooses: Deleted: (e) The support coordinator
shall review and make changes to the ISP
as follows:¶
2 (1) Comprehensively review and update the ISP at least annually; (1) At least quarterly, the support
coordinator shall review the ISP with the
person, the parent of a minor, the
3 (2) Review the ISP at least quarterly and make changes if appropriate; person’s guardian, and any other
individual an adult person chooses. ¶
(2) Annually, the support coordinator
4 (3) Review and update the ISP whenever the person’s needs, preferences, shall review and update the ISP with the
5 outcomes, or any other element of the ISP changes; and individual an adult person chooses. For
an adult person, the annual review shall
include a review and update on whether
6 (4) If the person consents, review the ISP after receiving a request for a review the person:¶
(A) Is known to the Court and is
receiving the services of an advocate in
7 and make changes if appropriate. A review may be requested by the person, the parent of a accordance with section 108, or has
rejected Court notification or the services
of an advocate;¶
8 minor, the person’s guardian, the person’s advocate, the person’s counsel, any individual chosen (B) Has the capacity to grant, refuse, or
withdraw consent to any ongoing medical
treatment and whether the person: ¶
9 by the person to participate in the ISP, any provider listed in the ISP, or the DDA. (i) Has executed or could execute a
durable power of attorney in accordance
with D.C. Official Code § 21-2205;¶
10 (h) Within 3 business days of developing the initial ISP or making changes to the ISP, (ii) Has been offered an opportunity to
execute a durable power of attorney
pursuant to D.C. Official Code § 21-2205
11 the support coordinator shall provide copies of the ISP to the person, the parent of a minor, the and has declined; or ¶
(iii) Has an individual reasonably
available, mentally capable, and willing
12 person’s guardian, the person’s advocate, the person’s counsel, any individual the person to provide substituted consent pursuant to
D.C. Official Code § 21-2210.¶
(3) Whenever a review is requested or
13 chooses, and any provider listed in the ISP. Along with a copy of the ISP, the support whenever there is a change in the
person’s needs, preferences, goals or any
other element of the ISP, the support
14 coordinator shall provide: coordinator shall review the ISP with the
15 (1) A description of the person’s rights under this act; individual an adult person chooses. A
review may be requested by the person,
the parent of a minor, the person’s
16 (2) Information on the person’s right to file a complaint or request a hearing if the guardian, the person’s advocate, the
person’s counsel, any individual chosen
by the person to participate in the ISP,
17 person is unsatisfied with any part of the ISP and how to file a complaint or request a hearing; any provider listed in the ISP, or the
DDA.¶
18 (3) Telephone numbers for the advocate program established by section 107, the Deleted: f
Deleted: to the person, the parent of a
minor, and the person’s guardian,
19 legal services program established by section 108, the problem resolution office established by information on
Deleted: T
20 section 118, the protection and advocacy agency, any external advocacy agency designated by
Deleted: Grievance procedures under
this act, including the
21 the DDA, and the abuse and neglect hotline; Deleted: pursue a grievance
22 (4) Dates, times, and locations of upcoming trainings on rights, supports and grievances for the DDA
Deleted: any sources for obtaining
23 services, and grievance procedures under this act; and counsel and advocates,
Deleted: Information
Deleted: on
40
Deleted: Information on
1 (5) A description of the ISP process and how to select or change a support
2 coordinator.
Deleted: g
3 (i) Nothing in this section shall be construed as requiring any adult person to execute a

Deleted: h
5 (j) In accordance with the District of Columbia Administrative Procedure Act, approved
7 shall issue rules for this section which shall include:

Deleted: t
8 (1) Timeframes for activities required for the support coordinator to develop and
Deleted: .
9 implement an ISP; and
10 (2) Standards to prevent, reduce, and remedy conflicts of interest for support
11 coordinators.
12 Sec. 111. Supports and services.
13 (a) The DDA shall develop, administer, coordinate, monitor, and evaluate a
14 comprehensive, coordinated system of supports and services for persons who have been found
15 eligible for supports and services under this act. The comprehensive, coordinated system of
16 supports and services shall make maximum use of all available federal funds consistent with
17 federal law.
Deleted: For persons age 18 and older t
18 (b) The comprehensive, coordinated system of supports and services shall include:
19 (1) Support coordination;

Deleted: and i
20 (2) Information and referral services to help persons connect with services and
21 resources at other District agencies, federal agencies, and in the community;

Deleted: 2
22 (3) Transition planning to facilitate successful transitions from one agency
23 service system to another across the lifespan of the person;
41
Deleted: 3
1 (4) Supports and services delivered in the community to help persons live as
2 independently as possible in the least restrictive and most integrated setting;

Deleted: 4
3 (5) Supports and services to assist persons to obtain and maintain employment in
4 work settings available to the general work force that maximize community and social
5 integration and provide job opportunities that meet the person’s career potential and interest;
Deleted: 5
6 (6) Supports and services to facilitate access to recreation and social
7 opportunities in the community;

Deleted: 6
8 (7) Professional services including medical, psychological, vocational, social,
9 educational, and rehabilitative supports and services;
10 (8) Temporary supports and services provided for up to 90 days to an adult in
11 need of protective services who is eligible for supports and services under this act to remedy or
12 substantially reduce the likelihood of abuse, neglect, exploitation, or self-neglect;

Deleted: 7
13 (9) Informational, educational, and community outreach services to promote
14 awareness and knowledge of developmental disabilities and the supports and services offered by
15 the DDA among persons with developmental disabilities and their families, the general public,
16 and lay and professional groups; and

Deleted: 8
17 (10) Any other assistance that the DDA considers necessary to provide a
18 comprehensive, coordinated continuum of supports and services for persons with developmental
19 disabilities across the lifespan.
20 (c) The DDA shall provide regular orientation sessions and trainings for persons who
21 have been found eligible for supports and services under this act on supports and services,
Deleted: grievance
22 support and service planning, rights, and problem resolution procedures with the goal of Deleted: , and any additional
information that the DDA believes may
promote
23 increasing the ability of persons to access supports and services, actively participate in the
42
Deleted: service planning
1 development, implementation and monitoring of their ISP, exercise their rights, and file
Deleted: pursue grievances
2 complaints, request hearings, and pursue appeals.
3 (d) Subject to the availability of an appropriation for these purposes, the DDA shall
4 develop and administer, either directly or in collaboration with other District agencies, federal
Deleted: :¶
(1) P
5 agencies, or the private sector, pilot programs to develop, replicate or expand on best practices in
Deleted: ; and
6 supports and services.
Deleted: (2) Research initiatives on
supports and services and on the
7 (e) Supports and services under this section shall not replace or reduce other public incidence, causes, and prevention of
developmental disabilities.¶
8 benefits to persons with developmental disabilities and their families, or be considered as
9 resources or income in any eligibility determination or sliding fee scale.
10 Sec. 112. Family support services.
11 (a) The DDA shall develop, administer, coordinate, monitor, and evaluate a
12 comprehensive, coordinated system of family support services for families of persons who have
13 been found eligible for supports and services under this act. The comprehensive, coordinated
14 system of family support services shall make maximum use of all available federal funds
15 consistent with federal law.
16 (b) The comprehensive, coordinated system of family support services shall include:
17 (1) Support coordination and

Deleted: i
18 (2) Information and referral services to help families connect with services and
19 resources at other District agencies, federal agencies, and in the community;

Deleted: 2
20 (3) Transition planning to facilitate successful transitions from one agency
21 service system to another across the lifespan of the person;

Deleted: 3
22 (4) Family support services, including:
23 (A) Respite services;
43
1 (B) Family training and counseling;
2 (C) Temporary supports and services;
3 (D) One-time cash assistance;
4 (E) Home modifications; and
5 (F) Funding of items or equipment.

Deleted: 4
6 (5) In-home supports to help persons live independently in the family home and
7 participate fully in the community; and

Deleted: 5
8 (6) Any other assistance that the DDA considers necessary to provide a
9 comprehensive, coordinated continuum of family support services across the lifespan of the
10 person.
11 (c) The DDA shall provide regular orientation sessions and trainings for families on
Deleted: grievance
12 supports and services, service planning, rights, and problem resolution procedures with the goal Deleted: ,
Deleted: and any additional
13 of promoting the ability of families to support persons with developmental disabilities to access information that the DDA believes may
Deleted: e
14 supports and services, actively participate in the development, implementation and monitoring of Deleted: their service planning
Deleted: and pursue grievances
15 their ISP, exercise their rights, file complaints, request hearings, and pursue appeals.
16 (d) Family support services under this section shall not replace or reduce other public
17 benefits to persons with developmental disabilities and their families, or be considered as
18 resources or income in any eligibility determination or sliding fee scale.
19 Sec. 113. Family Support Council.
20 (a) There is established a Family Support Council to assist the DDA and other agencies
21 that administer or fund family support services to act in concert and, within available
22 appropriations, to:
44
1 (1) Establish a comprehensive, coordinated system of family support services that

Deleted: consist
2 is responsive to the needs, hopes, and preferences of families of persons with the full range of Deleted: no more than 35
Deleted: members including:¶
3 developmental disabilities; (1) A minimum of 20
Deleted: , of all ages
4 (2) Use existing local and other resources efficiently and effectively as Deleted: ;
Deleted: (2) The Deputy Director of
5 appropriate for such supports and services, and the DDA;¶
(3) The Chancellor of the DCPS;¶
(4) The Executive Director of the DC
6 (3) Identify and address supports and services that are needed for families of Public Charter School Board:¶
(5) The State Superintendent of
Education;¶
7 children, youth, and adults with developmental disabilities. (6) The Director of the DHCF;¶
(7) The Director of the DOH;¶
(8) The Director of the CFSA;¶
8 (b) The Family Support Council shall be composed of 15 parents, siblings, and other (9) The Director of the DYRS;¶
(10) The Director of the DMH;¶
(11) The Director of the DHS;¶
9 family members of persons with developmental disabilities, and persons with developmental (12) The executive director of the
protection and advocacy agency; ¶
(13) The chairperson of the Interagency
10 disabilities. The majority of members shall be family members. If possible, the membership shall Coordinating Council, as established
pursuant to § 7-863.03(b); ¶
(14) The chairperson of the
11 include representatives of the Developmental Disabilities State Planning Council, the Developmental Disabilities Council; and¶
(15) One or more representatives of
community organizations that provide
12 Interagency Coordinating Council, and the State Advisory Panel on Special Education. advocacy, supports, or services to
families of residents with developmental
disabilities.¶
13 (c) The Deputy Director of the DDA shall appoint the Family Support Council members. Deleted: c
Deleted: be co-chaired by the Deputy
14 Members shall serve 3-year staggered terms. A vacancy on the Family Support Council shall be Director of the DDA and
Deleted: who
15 filled in the same manner as the original appointment. Deleted: ;
Deleted: (d) The Family Support
16 (d) The Family Support Council shall be chaired by a family member of a person with a Council members shall be appointed by
the Mayor with the advice and consent of
the Council. The Mayor shall transmit to
17 developmental disability. The chair shall be selected by the Family Support Council members. the Council, within 30 days of the
effective date of this act, proposed
resolutions to approve the appointment of
18 (e) The DDA shall provide staff assistance and support to the Family Support Council. each member of the Task Force for a 45-
day period of review, excluding days of
Council recess. If the Council does not
19 (f) The Family Support Council shall take steps to obtain widespread public input which approve or disapprove a resolution within
a 45-day period, the resolution shall be
deemed approved. Members shall serve
20 may include sponsoring public forums, conducting focus groups, and creating committees. 3-year staggered terms. A vacancy on the
Family Support Council shall be filled in
the same manner as the original
21 (g) The Family Support Council shall meet at least quarterly. Meetings shall be open to appointment. ¶
Deleted: f
22 the public and shall be widely publicized. The Family Support Council may invite Deleted: The Family Support Council
may sponsor public forums, conduct
focus groups, create committees and take
other steps to obtain widespread public
input.
Deleted:
45
1 representatives of District agencies and community groups to participate in meetings of the
2 Family Support Council and of committees.
3 (h) The Family Support Council shall enact rules of procedure or bylaws to guide its
Deleted: ¶
(g) Family Support Council
4 operation, which shall include quorum requirements. All rules, bylaws, agendas, minutes,
Deleted: Family Support Council
meetings shall be subject to the open
5 meeting transcripts, and reports shall be made readily available to the public. meeting provisions of § 1-207.42, except
that meetings of a committee established
by the Family Support Council shall not
6 (i) The Family Support Council shall: be subject to the transcript or
transcription requirements of § 1-
207.42(b).
7 (1) Gather input and develop a vision and guidelines for family support services;
Deleted: h
8 (2) Review existing program policies, procedures, and funding mechanisms for
9 conformity to the guidelines and make appropriate recommendations;
10 (3) Monitor the implementation of the guidelines and recommendations;
11 (4) Report to the Mayor and Council on an annual basis regarding the status of
12 family support services, including the implementation of the guidelines and recommendations;
13 (5) Advocate for family support services in accordance with the guidelines;
Deleted: within
14 (6) Compile and distribute information on family support services to public
Deleted: and
15 agencies, private agencies, and the general public; and Deleted: to
Deleted:
16 (7) Perform other duties as are related to the advancement of family-centered
17 supports, policies and services.

Deleted: i
18 (j) The DDA shall consider recommendations from the Family Support Council in
19 developing and implementing family support services, including the development of
20 administrative rules and policies. The DDA shall regularly report to the Family Support Council
21 on the status of each program and any actions planned or taken by the DDA related to each
22 program.
23 Sec. 114. Waiting lists.
46
1 (a) If the DDA is unable to provide supports and services to persons found eligible under
2 this act immediately upon request, the DDS shall establish one or more waiting lists for supports
3 and services provided by the DDA under this act. The DDS shall ensure that:
4 (1) Persons on waiting lists begin to receive supports and services at a reasonable
5 pace that is based on a fair, equitable, and consistent method of adjusting support and service
6 levels based on the intensity and immediacy of the needs of the person, the person’s family, and
7 other relevant circumstances affecting the support of the person;
8 (2) Persons on waiting lists receive supports and services as resources become
9 available; and
10 (3) Persons on waiting lists are kept up to date on when they can expect to begin
11 to receive supports and services.
12 (b) In establishing a waiting list for supports and services provided by the DDA under
13 this act, the DDS shall:
14 (1) Provide the justification for the waiting list and identify the supports and
15 services for which the waiting list is established;
16 (2) Identify the minimum supports and services, including information and
17 referral services, available to all eligible persons and their families;
18 (3) Identify how a person is placed on the waiting list;
19 (4) Identify the criteria that determine placement and rank on the waiting list;
20 (5) Provide a process for a person on the waiting list to notify the DDA if the
21 criteria that determined the person’s placement or rank on the waiting list change;
22 (6) Define exigent circumstances in which the DDA shall provide a person with
23 temporary supports and service or provide a person with emergency access to waiting list
47
1 services. In defining exigent circumstances, the DDA shall at a minimum address circumstances
2 in which:
3 (A) The person is homeless or at imminent risk of becoming homeless as
4 these terms are defined in section 2 (18) and (23) of the Homeless Services Reform Act of 2005,
5 effective October 22, 2005 (D.C. Law 16-35; D.C. Official Code § 4-752.01(18) and (23)); and
6 (B) There is an expectation that the person will be in danger or will be
7 subject to abuse or neglect if the person does not receive supports or services;
8 (7) Provide a process for identification of exigent circumstances and application
9 by the person for emergency access to waiting list services;
10 (8) Provide for appeals of waiting list placement and rank to the Office of
11 Administrative Hearings; and
12 (9) Assure that the DDA will notify the person in writing of placement and rank
13 on the waiting list, appeal rights, and projected wait time for supports and services pursuant to
14 subsection (d) and subsection (e) of this section.
15 (c) The DDS shall only place a person on a waiting list when the DDA is unable to
16 provide supports and services immediately. The DDS shall provide a person who has been
17 placed on a waiting list with information and referral services to connect the person with services
18 and resources at other District agencies, at federal agencies, and in the community. A person may
19 appeal placement and rank on a waiting list to the Office of Administrative Hearings, and shall
20 be informed of this right in writing by the DDS.
21 (d) By 5 business days after placing a person on a waiting list the DDS shall provide the
22 person with a letter stating the person’s placement and rank on waiting list, the legal and factual
48
1 basis for the placement and rank including citation of the applicable law or policy, and a contact
2 person at the DDS. The letter shall be accompanied by:
3 (1) A description of the criteria that determine rank on the waiting list;
4 (2) A projection of how long the person can expect to wait before receiving
5 supports and services;
6 (3) A statement of the person’s right to appeal placement and rank on the waiting
7 list to the Office of Administrative Hearings, information on how to file an appeal, and contact
8 information for the legal program established by section 108 and the protection and advocacy
9 agency;
10 (4) The name and contact information of the person to contact at the DDS if any
11 of the factors that determined the person’s placement or rank on the waiting list change; and
12 (5) Information about supports and services offered by the DDA to all persons on
13 the waiting list, including information and referral services.
14 (e) No less than 4 times per year the DDS shall inform each person who is on a waiting
15 list of efforts that have been made or are being made to provide supports and services as soon as
16 possible and of the projected time frame within which supports and services will be made
17 available.
18 (f) By the 15th calendar day after the end of each fiscal quarter, the DDS shall publish
19 and widely disseminate a quarterly statistical report on each waiting list. Quarterly reports shall
20 include quarterly and fiscal year-to-date data on:
21 (1) The number of persons on the waiting list;
22 (2) The length of time persons have been on the waiting list; and
49
1 (3) The number of persons removed from the waiting list and reasons for such
2 removal.
3 (g) By January 1 of each year, the DDS shall publish and widely disseminate an annual
4 report on each waiting list during the prior fiscal year, which for each waiting list shall:
5 (1) Explain how a person is placed on the waiting list and what criteria determine
6 rank on the list;
7 (2) Provide a demographic profile of persons on the waiting list;
8 (3) Provide aggregate statistics on appeals of placement and rank on the waiting
9 list, and disposition of such appeals;
10 (4) Identify on an aggregate basis the level of need and requested supports and
11 services of persons on the waiting list, discuss the reasons for the lack of supports and services,
12 and project the annual cost to meet these needs;
13 (5) Identify the minimum, maximum, average, and median number of days that
14 persons have been on the waiting list and state the numbers of persons on the list for less than 3
15 months, between 3 and 6 months, between 6 months and one year, and by 6-month increments
16 thereafter;
17 (6) Identify the number of persons removed from the waiting list during the
18 previous fiscal year, the reasons for such removal, and the average length of time on the waiting
19 list prior to removal;
20 (7) Describe the supports and services, including information and referral
21 services, offered to persons and families while they are on the waiting list; and
22 (8) Outline a method to reduce the waiting list during the current fiscal year and
23 subsequent fiscal year and to ensure a maximum waiting period of no more than 90 days.
50
1 (h) In accordance with the District of Columbia Administrative Procedure Act, approved
3 shall issue regulations to implement subsections (a), (b), (c), and (d) of this section.
Deleted: 4
4 Sec. 115. Capacity and decision-making supports; health-care decisions. Deleted: Informed consent
Deleted: It shall be the policy of the
5 (a) Every adult person with a developmental disability shall be presumed to be capable District that:¶
(1) E
Deleted: is
6 of making decisions about his or her personal care, health care, legal matters, financial affairs,
Deleted: ;
7 business, assets, and all other aspects of the person’s life.
8 (b) A request for eligibility determination or a request to receive supports and services
9 under this act is not:
10 (1) A health-care decision subject to Chapter 22 of Title 21; or
11 (2) A decision that requires an adult person to be represented by a guardian,
12 advocate, family member, counsel, or other representative.

Deleted: 2
13 (c) A person who has requested an eligibility determination or has been found eligible
14 for supports and services under this act shall be afforded all information, opportunities, supports,
15 and reasonable accommodations needed to exercise control and to freely make and express
16 choices through verbal, nonverbal, and behavioral means. A person’s way of communicating
17 with others is not grounds for deciding that the person is incapable of providing informed
Deleted: ;
18 consent and making health-care decisions.
Deleted: 3
19 (d) An adult person who has been found eligible for supports and services under this act
20 shall have the opportunity to execute a durable power of attorney pursuant to D.C. Official Code
21 § 21-2205 and to identify one or more individuals who are reasonably available, mentally
22 capable, and willing to provide substituted consent pursuant to D.C. Official Code § 21-2210, if
51
1 the person were to become certified as incapacitated to make a health-care decision in

Deleted: ; and
2 accordance with D.C. Official Code § 21-2204.
Deleted: 4
3 (e) Nothing in this act shall be construed as requiring any adult person to execute a

Deleted: (b) A request for eligibility
determination or a request to receive
5 (f) If a provider or the DDA reasonably believes that an adult person lacks the capacity supports and services under this act is
not:¶
(1) A health-care decision subject to
6 to provide informed consent for a health-care decision, the provider or the DDA promptly shall Chapter 22 of Title 21; or¶
(2) A decision that requires an adult
person to be represented by a guardian,
7 seek a determination of the person’s capacity in accordance with D.C. Official Code § 21-2204. advocate, family member, counsel, or
other representative. ¶
(c) Except in accordance with the
8 If the person is certified as incapacitated and unable to consent to a health-care decision in procedures described in subsections (e)
and (f) of this section, in D.C. Official
Code § 21-2212, or as otherwise provided
9 accordance with D.C. Official Code § 21-2204, the DDA or the provider shall promptly seek the by law, no person shall be given supports
and services under this act without the
informed consent of the person or the
10 provision of substituted consent from the person’s attorney-in-fact pursuant to D.C. Official parent or guardian of a minor. In seeking
informed consent, the provider or the
DDA shall provide the person or the
11 Code § 21-2206 or, if no attorney-in-fact has been authorized pursuant to D.C. Official Code § parent or guardian of a minor with all
needed supports, with available options,
and all material information necessary to
12 21-2205 or is reasonably available, mentally capable, and willing to act, from an individual make the decision, including information
about the proposed service, potential
benefits and risks of the proposed service,
13 authorized to provide substituted consent pursuant to D.C. Official Code § 21-2210. potential benefits and risks of no service,
side effects, and information about
feasible alternative services, if any. ¶
14 (g) If an adult person is certified as incapacitated and unable to consent to a health-care
Deleted: d
15 decision in accordance with D.C. Official Code § 21-2204, and no attorney-in-fact or person Deleted: the
Deleted: for health-care decisions
16 listed in D.C. Official Code § 21-2210(a) is reasonably available, mentally capable, and willing Deleted: e
17 to act:
18 (1) Except for decisions relating to psychotropic medications, the District shall
19 petition the Court for appointment of a guardian pursuant to Chapter 20 of Title 21. The
20 District’s petition shall request the form of guardianship that is least restrictive to the
21 incapacitated person in duration and scope, taking into account the incapacitated person’s current
22 mental and adaptive limitations or other conditions warranting the procedure. This subsection
23 does not preclude any other party from petitioning the Court for appointment of a guardian; or
52
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
Deleted: 115
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
Deleted: individual
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.
Deleted: 5
9 Sec. 116. Independent panel for administration of psychotropic medications.
10 (a) The DDA shall establish an independent panel to review all proposals to administer
11 psychotropic medications to a person who has been certified as incapacitated and unable to
12 consent to the proposed medication in accordance with D.C. Official Code § 21-2204, and who
13 has no attorney-in-fact or person listed in D.C. Official Code § 21-2210(a) who is reasonably
14 available, mentally capable, and willing to act.

Deleted: comprised
15 (b) The independent panel shall be composed of 3 members. The members of the panel
16 and their employers shall be immune from suit for any claim arising from any good faith act or
17 omission under this section. The members of the panel shall not be affiliated with the person, the
18 provider, or the physician seeking to administer the medication, but shall include:
Deleted: , subject to the availability of
funds,
19 (1) A board-certified psychiatrist or an advanced practice registered nurse;
20 (2) A licensed professional; and
21 (3) A person who receives supports and services under this act, or, if unavailable,
Deleted: appointed under section 108
22 an advocate or a community member.
53
1 (c) In accordance with the District of Columbia Administrative Procedure Act, approved
3 shall issue rules to establish administrative procedures for the independent panel that shall
4 include:
5 (1) A meeting of the panel no later than one week after the DDA receives a
6 request for consent;
7 (2) Written and oral notice to the person not less than 48 hours prior to when the
8 panel will meet;
9 (3) The right of the person to be present when the panel meets and to have a
10 representative present during any such meeting;
11 (4) The right of the person to have reasonable access, prior to the meeting of the
12 panel, to the records and information which the panel will consider in making its decision;
Deleted: 4
13 (5) The opportunity, at the meeting of the panel, for the person and his or her
Deleted: to
14 representative to present information, ask questions, and discuss the wishes of the person;
Deleted: 5
15 (6) The issuance of a written decision by the panel no later than one week after
16 the meeting of the panel which shall include the facts established and the basis for the panel’s
17 decision;
Deleted: , to be provided
18 (7) The issuance to the person, the person’s representative, and the provider of a
19 copy of the written decision and a notice of the person’s right to request that the HRAC review
20 the decision; and

Deleted: 6
21 (8) The right of the person to request that the HRAC review the decision of the
22 panel.
54
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
55
1 person’s current mental and adaptive limitations or other conditions warranting the procedure.
2 This subsection does not preclude any other party from petitioning the Court for appointment of
3 a guardian.
4 (h) Refusal to consent to psychotropic medications shall not be used as evidence of a
5 person’s incapacity.
6 (i) Refusal to consent to services on the basis of a valid religious objection shall not be
7 overridden absent a specific court order requiring the provision of services.

Deleted: 6
8 Sec. 117. Complaints; requests for fair hearings. Deleted: Grievances
9 (a) A person who has been found eligible for supports and services under this act shall
10 have the right to:

Deleted: grievance
11 (1) File a complaint with the person’s support coordinator;
Deleted: grievance
12 (2) File a complaint with the problem resolution office established by section Deleted: DDS
13 118; and
Deleted: ,
14 (3) Request a hearing pursuant to section 119, the APA, and federal regulations. Deleted: 118
15 (b) A person, the parent of a minor, the person’s guardian, the person’s advocate, the
16 person’s counsel, the person’s family member, an employee of a provider, an employee of the
17 DDA, or an interested person may file a complaint on behalf of the person with the person’s
18 support coordinator or with the DDS.
19 (c) A person who has been found eligible for supports and services is not required to use
20 the problem resolution system established by section 118 and may use other mechanisms for
21 resolving a complaint, including raising the complaint directly with the Mayor, the Director of
22 the DDS, the DHCF, District employees, the ODR, the OHR, a provider, filing a request for a
23 fair hearing in accordance with federal and District laws, regulations, and procedures established
56
1 for fair hearings and appeals for the Medicaid Program, or by petitioning the Court. Nothing in Deleted: (b) A grievance or a request
for a hearing may include:¶
(1) A statement that a person is not
2 this act shall be construed to require a person to exhaust administrative remedies, established by satisfied with his or her support
coordinator, ISP, or the availability,
quality, or responsiveness of the person’s
3 this act or otherwise, prior to petitioning litigation concerning a person’s rights. However, a supports and services;¶
(2) An allegation that the person’s rights
or protections provided under this act
4 person cannot concurrently use separate mechanisms for resolving a grievance. have been violated;¶
(3) An allegation that the District has not
provided the person with the person’s
5 (d) No individual, agency, or provider shall retaliate against a person who files a choice of home and community-based
services as an alternative to institutional
care;¶
6 complaint or requests a hearing. (4) An allegation that the District has
denied the person the supports and
services of the person’s choice or the
7 Sec. 118. Internal problem resolution system; appeals of ineligibility. provider of the person’s choice; or ¶
(3) An allegation that the District has
denied, suspended, reduced, or terminated
8 (a) The District shall establish an internal problem resolution system within the DDS to supports and services authorized by this
act.
9 provide a fair and efficient mechanism for receiving, investigating, and resolving complaints Deleted: (c) A person who has been
found eligible for supports and services is
not required to use the grievance
10 under this act. The internal problem resolution system shall include: procedures offered by the DDS and may
use other mechanisms for resolving a
grievance, including raising the grievance
11 (1) The opportunity for a person who has been found eligible for supports and directly with the Mayor, the DDS
Director, the DHCF, District employees,
the ODR, the OHR, a provider, filing a
12 services to file a complaint with the DDS orally, by telephone, in writing, or electronically; request for a fair hearing in accordance
with federal and District laws,
regulations, and procedures established
13 (2) Assistance for a person or the parent of a minor who needs help in filing a for fair hearings and appeals for the
Medicaid Program, or by petitioning the
Court. Nothing in this act shall be
14 complaint; construed to require a person to exhaust
administrative remedies, established in
this act or otherwise, prior to petitioning
... [2]
15 (3) The right to be represented throughout the problem resolution process; Deleted: f
Deleted: grievance
16 (4) Definite time frames for each phase of the problem resolution process;
Deleted: 17
Deleted: grievance
17 (5) An expedited review for any complaint alleging abuse or neglect;
Deleted: ¶
18 (6) A requirement that supports and services that are the subject of a complaint Deleted: grievance
Deleted: grievances
19 shall continue without change, limitation, reduction, or termination pending resolution of the Deleted: grievance
Deleted: grievance
20 complaint, if the purpose of the complaint is to oppose a limitation, reduction, or termination; Deleted: grievance
Deleted: grievance
21 (7) A requirement for education and assistance to persons who have been found
Deleted: grievance
Deleted: grievance
22 eligible for supports and services and their families, provider staff, and DDA staff about persons’
Deleted: grievance
23 rights and the internal problem resolution system; and Deleted: grievance
Deleted: grievance
Deleted: grievance
57
Deleted: or
1 (8) A prohibition on retaliatory actions by the DDA and providers against
Deleted: grievances
2 persons who file complaints.
Deleted: n
3 (b) The District shall establish a problem resolution office (“problem resolution office”)
Deleted: grievances
4 within the DDS that is authorized to resolve complaints for the DDA and to operate the internal
5 problem resolution system established by subsection (a) of this section. The problem resolution
6 office shall at a minimum have a full-time Director and 2 full-time staff and shall maintain
7 adequate staff to carry out the duties established by this section.
8 (c) A complaint filed with the problem resolution office may include:
9 (1) A statement that a person is not satisfied with his or her support coordinator,
10 ISP, or the availability, quality, manner, setting, or responsiveness of the person’s supports and
11 services;
12 (2) An allegation that the person’s rights or protections provided under this act
13 have been violated or limited;
14 (3) An allegation that the District has not provided the person with the person’s
15 choice of home and community-based services as an alternative to institutional care;
16 (4) An allegation that the District has denied, delayed, suspended, reduced, or
17 terminated supports and services authorized by this act;
18 (5) An allegation that the District has denied or delayed access by the person or
19 the person’s representative to the person’s records;
20 (6) An allegation that the District has denied or delayed a request for a new
21 support coordinator; and
22 (7) Any other statement of a person’s dissatisfaction relating to his or her rights,
23 supports, or services.
58
Deleted: c
1 (d) On receipt of a complaint, the problem resolution office shall: Deleted: grievance
Deleted: office that is authorized to
2 (1) Provide a copy of the complaint to the relevant parties, as defined by the DDS resolve grievances for the DDA shall
Deleted: grievance
3 in implementing regulations;
Deleted: grievance
4 (2) Attempt to resolve the complaint by informal communication with any party
Deleted: grievance
5 necessary to resolve the complaint within 5 business days of receipt of the complaint, unless the Deleted: grievance
6 person does not consent to this informal communication; and

Deleted: grievance
7 (3) If informal communication fails to resolve the complaint, or if the person
Deleted: grievance
8 does not consent to informal communication, attempt to resolve the complaint through
9 alternative dispute resolution techniques by:

Deleted: 5
10 (A) Holding a meeting with the relevant parties within 10 business days;
11 (B) Ensuring that the meeting in subparagraph (A) of this paragraph is
12 attended by a DDA representative with the authority to bind the DDA, the person, the person’s
Deleted: grievance
13 support coordinator, and any other party necessary to resolve the complaint; and
14 (C) At the request of the parties, drafting a written agreement between the
Deleted: grievance
15 parties to address the person’s complaint which shall be signed by the Director of the DDS or the Deleted: DDS Director
16 Director’s designee.
Deleted: d
17 (e) The problem resolution office shall report any individual, agency, or provider that Deleted: office that is authorized to
resolve grievances on behalf of the DDA
18 retaliates against a person who files a complaint or requests a hearing to the Office of the Deleted: grievance
19 Inspector General.
Deleted: e
20 (f) Upon reasonable belief that a person who has filed a complaint or on whose behalf a Deleted: grievance
Deleted: grievance
21 complaint has been filed is at imminent risk of serious harm, the DDA shall immediately take all
22 steps necessary to protect the person.
59
1 (g) The problem resolution office shall track all complaints and all reports of retaliation
2 against a person who files a complaint or requests a hearing. The problem resolution office shall
3 share these aggregate data with the comprehensive quality management and improvement system
4 established by section 123.

Deleted: f
5 (h) If the time period provided in this section or in the implementing rules for completion
grievances for the DDA
6 of any action or step by the problem resolution office, the DDA, or other agency lapses without
7 the action or step having been completed, the action or step shall be deemed as occurred and the
8 person shall have the option of proceeding to the next step of the grievance process without
9 waiting for completion of the action or step.

Deleted: g
10 (i) A denial or termination of eligibility shall not be subject to the problem resolution Deleted: grievance
Deleted: procedures
11 system established by this section. If the DDA finds a person not eligible for supports and Deleted: under subsections (a), (b), (c),
and (f) of t
12 services under this act:
Deleted: other
13 (1) The person, the parent of a minor, the person’s guardian, or any individual
14 chosen by the person may appeal a denial of eligibility to the Deputy Director of the DDA;
15 (2) The Deputy Director of the DDA shall ensure that the eligibility criteria and
Deleted: 107
16 comprehensive screening process required under section 106 were applied in accordance with
17 this act and with regulations issued by the DDS, and shall issue a written response to the person’s
18 appeal within 10 business days from the date the appeal was received;
Deleted: other
19 (3) The person, the parent of a minor, the person’s guardian, or any individual
Deleted: DDA
20 chosen by the person may appeal the Deputy Director of the DDA’s decision to the Director of Deleted: ’s
Deleted: DDS Director
21 the DDS; and
Deleted: DDS Director
22 (4) The Director of the DDS shall ensure that the eligibility criteria and
Deleted: 107
23 comprehensive screening process required under section 106 were applied in accordance with
60
1 this act and with regulations issued by the DDS, and shall issue a written response to the person’s
2 appeal within 10 business days from the date the Deputy Director of the DDA issued a written
3 response to the appeal. This action constitutes a final agency decision for the purposes of the
4 APA.
Deleted: h
5 (j) Nothing in this section shall affect:
6 (1) The procedures for mediation of, or procedures for review through an
7 impartial due process hearing of, determinations made by personnel of the District that affect the
8 provision of vocational rehabilitation services to applicants or eligible individuals as required
9 under the Rehabilitation Act of 1973, as amended, approved August 7, 1998 (112 Stat. 1116; 29
10 U.S.C.S. § 720 et seq.); or
11 (2) The procedures for fair hearings and appeals for the Medicaid Program.
Deleted: Sec. 118. Legal services and
access to the Court.¶
12 Sec. 119. Petition for review of agency action under this act.
13 (a) A person may petition for review of agency action under this act by filing a written
14 petition for review of agency action with the Family Court of the Superior Court in the manner
15 and form prescribed by the Court. The petition may be filed by the person, the person’s counsel,
16 the person’s advocate, the person’s parent or guardian, or other legal representative. The petition
17 and any filings with the Court shall be considered privileged and confidential and shall be treated
18 in all cases as if filed under seal.
19 (b) The Court shall conduct a hearing promptly after filing of the petition pursuant to
20 subsection (a) of this section. Any hearing shall be conducted in as informal a manner as may be
21 consistent with orderly procedure, and shall be closed to the public unless the petitioner or his or
22 her counsel requests that a hearing be open to the public. The petitioner shall have the right to be
23 present during hearings and to testify, but shall not be compelled to testify, and shall be so
61
1 advised by the Court. The petitioner shall have the right to call witnesses and present evidence,
Deleted: (a) A person who is known to
the Court pursuant to section 108, the
2 and to cross-examine opposing witnesses. parent of a minor, the person’s guardian,
the person’s advocate, or other interested
party may file a grievance with the Court
3 (c) Unless provided otherwise by statute or federal law, the party proposing that the for any reason including the reasons
specified in section 116(b). Within 5
business days of receipt of the grievance,
4 agency take action or grant a benefit shall have the burden of proof. The agency shall have the the Court shall appoint counsel to
represent the person in seeking resolution
of the grievance.¶
5 burden of proof in all cases involving a termination, reduction, or delay of a service or benefit to (b) In addition to appointment of counsel
pursuant for reasons specified in
subsection (a) of this section, the Court
6 a person who has been found eligible for supports and services under this act, and must present may appoint counsel to represent a person
known to the Court pursuant to section
108, if the person, the person’s advocate,
7 clear and convincing evidence that their decision is supported by substantial evidence and is not or other interested person requests that
counsel be appointed due to a reasonable
belief that:¶
8 clearly erroneous as a matter of law. In cases where the petitioner has the burden of proof, the (1) The person is at risk of harm
without the court’s intervention; and ¶
(2) The DDS has failed to act to keep the
9 petitioner shall present clear and convincing evidence to the Court that he or she is entitled to the person safe.¶
(c) Counsel appointed under subsections
(a) and (b) of this section shall be
10 relief sought in the petition. The Court shall not set aside the decision of the agency if it is provided by the Court and be
compensated in an amount determined to
be fair and reasonable by the Court.¶
11 supported by substantial evidence and not clearly erroneous as a matter of law. The Court shall (d) The Court shall appoint counsel to
represent the person on the issue brought
to the Court’s attention. If counsel,
12 promptly issue a written decision of findings of fact, conclusions of law, and order on the through the course of representation,
discovers other areas of concern that
require legal representation, counsel shall
13 petition which shall be based on substantial evidence in the record developed in the proceedings. notify the Court. Counsel shall not
represent the person on such issues
without approval by the Court.¶
14 (d) Costs and expenses of all proceedings held under this section shall be paid as (e) The Court shall consider the
preference of the person or the parent or
guardian of a minor when appointing
15 follows: counsel to represent the person.¶
(f) Counsel appointed by the Court
shall seek to resolve the person’s
16 (1) The person shall be considered in forma pauperis for purposes of these grievance or concern informally or may
seek a hearing before the Court. Upon
filing of the request for a hearing, the
17 proceedings; and Court shall promptly conduct a hearing in
accordance with the procedures set forth
in this section. Counsel shall work with
18 (2) Witnesses shall be paid the same fees and mileage as for attendance at Court the person’s advocate, if the person is
receiving the services of an advocate
appointed by the Court under section 108. ¶
19 to be paid upon the approval of the Court. (g) Counsel appointed by the Court
shall continue to represent the person
until such time that the Court determines
20 (e) Any order of the Court may be appealed in a like manner as other civil actions. that the person’s grievance or concern has
been resolved.¶
(h) Hearings before the Court shall be
21 Sec. 120. Initiation of action to compel rights; civil remedy; sovereign immunity barred; conducted in as informal a manner as
may be consistent with orderly procedure.
Hearings shall be closed to the public
22 defense to action; payment of expenses. unless the person, the parent or guardian
of a minor, or the person’s counsel
requests that the hearing be open to the
public.
Deleted:
Deleted: 19
62
1 (a) Any individual shall have the right to initiate an action in the Court to compel the
2 rights afforded persons with developmental disabilities under this act.
3 (b) Any person who has been found eligible for supports and services under this act shall
4 have the right to a civil remedy in an amount not less than $25 per day from the District for each
5 day on which said person is not provided with adequate supports and services pursuant to the
Deleted: . These supports and services
shall be those that significantly affect the
6 person’s ISP. quality of life of the person
7 (c) Sovereign immunity shall not bar an action under this section.
8 (d) Reasonable attorneys’ fees and court costs shall be available for actions brought
9 under this section.
10 Sec. 121. Deprivation of civil rights; liability; immunity; exceptions.
11 (a) No person shall be deprived of any civil right solely by reason of his or her having
12 received supports and services under this act.
13 (b) Any person who violates or abuses any rights or privileges protected by this act shall
14 be liable for damages as determined by law, for Court costs, and for reasonable attorneys’ fees.
15 Any person who acts in good faith compliance with the provisions of this act shall be immune
16 from civil or criminal liability for actions in connection with screening of or support and service
17 delivery to a person under this act. However, this section shall not relieve any person from
18 liability for acts of negligence, misfeasance, nonfeasance, or malfeasance.

Deleted: 0
19 Sec. 122. Records.
20 (a) The DDA shall maintain complete records for each person who applies for or is
21 found eligible for supports and services. Upon oral or written request, a person has the right to
22 access all records relating to him or her within 1 business day.
63
Deleted: receiving supports and
services.
1 (b) Records for persons receiving supports or services shall at a minimum include
2 information identifying the person and information pertaining to the person’s eligibility
3 determination, the person’s ISP, the person’s personal funds if controlled by a public or private
4 agency, and any extraordinary incident or accident involving the person including any reports of
Deleted: or
5 investigations of abuse, neglect, or exploitation of the person.
Deleted: b
6 (c) (1) All information obtained and any records prepared by the DDA or a provider in
7 the course of determining eligibility or planning and providing supports and services to a person
8 shall be considered privileged and confidential and may be disclosed only:
9 (A) To the person, the parent of a minor, the person’s guardian, the
10 person’s counsel, and the person’s advocate;
11 (B) To any individual authorized by the person in writing;

Deleted: A
12 (C) To the extent necessary for the acquisition, provision, oversight, or
13 referral of supports and services and for referral to the advocate program established by section
Deleted: professionals and staff
workers who are directly involved with
14 107; the person
Deleted: (B) To the person, the parent
15 (D) To the extent necessary to make claims on behalf of the person for of a minor, the person’s guardian, the
person’s counsel, the person’s advocate,
and any individual authorized by the
16 aid, insurance, or medical assistance to which the person may be entitled; person in writing; ¶
Deleted: C
17 (E) Pursuant to court order or to an independent external monitoring Deleted: D
18 entity designated by the DDA;

Deleted: E
19 (F) To the Court when a petition to establish guardianship for the person
20 is filed pursuant to Title 21; and

Deleted: F
21 (G) To qualified personnel, if necessary, for the purpose of conducting
22 scientific research or management audits, financial audits, or program evaluation; provided, that
23 the personnel have demonstrated and provided assurances, in writing, of their ability to insure
64
1 compliance with the requirements of this section. Such personnel shall not identify, directly or
2 indirectly, a person in any reports of such research, audit, or evaluation, or otherwise disclose a
3 person’s identity in any manner.
4 (2) The individual to whom information about a person has been released under
5 paragraph (1) of this subsection shall be prohibited from using or releasing the information
6 except in the proper performance of his or her duties.

Deleted: c
7 (d) In the event that a person, the parent of a minor, the person’s guardian, the person’s
8 counsel, the person’s advocate, or any individual authorized by the person in writing questions
9 the accuracy or completeness of the person’s records, he or she may request an amendment to the
10 person’s record. Within 15 days after receiving a request for an amendment, the DDA shall
11 approve or disapprove the request and notify the person and, where applicable, the individual
12 who requested the amendment.

Deleted: d
13 (e) In accordance with the District of Columbia Administrative Procedure Act, approved
15 shall issue rules establishing standards for the records maintained by the DDA and providers,
16 including standards for the content of records and procedures for maintaining, updating,
17 amending, protecting the confidentiality of, and disclosing records in accordance with this
18 section and with all applicable District and federal laws.

Deleted: e
19 (f) Nothing in this section shall prohibit the DDA from producing and sharing aggregate
20 data that do not directly or indirectly identify a person.

Deleted: f
21 (g) Nothing in this section shall be deemed to limit access by a person receiving supports
22 and services to the person’s records, or to limit any rights established under federal or local law.
Deleted: 1
23 Sec. 123. Quality standards and monitoring.
65
1 (a) The DDA shall be the lead agency responsible for developing and implementing a
2 comprehensive quality management and improvement system which at a minimum discovers
3 evidence to determine if supports and services ensure the health and safety of persons supported and
4 achieve desired outcomes. The DDA and partner agencies shall continually review data to identify
5 potential concerns and opportunities for service improvement. As the lead agency, the DDA shall:
6 (1) Provide prompt written notification of incidents and patterns of concerns and
7 deficiencies that require corrective action to providers, persons receiving supports and services,
8 and parents and guardians of persons receiving supports and services where appropriate; and
9 (2) Ensure that providers take prompt, appropriate corrective actions to address
10 incidents and patterns of concerns and deficiencies, and to protect persons from harm.
11 (b) The District shall develop and implement a protocol for interagency sharing of critical
12 information, including information regarding provider performance and complaints, that could
13 affect the safety and well-being of persons receiving supports and services, and for cooperative
14 enforcement efforts between agencies responsible for provider oversight. The DDA shall be the lead
15 agency for implementation of the protocol. The protocol shall ensure:
16 (1) Coordination of actions to address systemic problems with other responsible

Deleted: DOH,
17 agencies including the APS, the CFSA, the DCPS, the DCPCS, the DHCF, the DHS, the DMH, the
18 DOH, the DYRS, and the Office on Aging;
19 (2) Establishment of timelines for providing notice of concerns and the development
20 of corrective action plans;
21 (3) Implementation of corrective or enforcement actions when necessary including
22 making changes in supports and services, providing additional training or technical assistance to
66
1 staff, levying fines, revoking provider licenses or certifications, terminating provider contracts, or
Deleted: and
2 other changes to provider licenses, certifications, and contracts to ensure the safety of person;
3 (4) Prompt investigation of abuse, neglect, exploitation, and death;
4 (5) Coordinated planning and implementation of emergency preparedness activities;
5 and
Deleted: 5
6 (6) Implementation and compliance by agencies and providers with all relevant Deleted: of
7 District and federal laws, regulations and policies.
8 (c) By one year after the effective date of this act, the DDA shall implement a publicly-
9 available mandatory provider report card system that allows persons and their families to compare
10 providers on a routine basis according to standards of quality performance. The DDA shall widely
11 publicize the provider report card system, shall publish provider report cards on its web site, and
12 shall provide copies of provider report cards to the public upon request.
Deleted: c
13 (d) The DDA shall include persons receiving supports and services and their families in
14 ongoing systemic quality management and improvement activities for:
15 (1) Assessment of ISP implementation; and
16 (2) Evaluation of satisfaction with supports and services.

Deleted: d
17 (e) In accordance with the District of Columbia Administrative Procedure Act, approved
19 shall issue rules to implement this section that shall include standards that define incidents, patterns
20 of concerns, and deficiencies that require corrective action.
21 Sec. 124. Reporting and investigation of abuse, neglect, and exploitation.
22 (a) Except as provided in subsection (b) of this section, whenever an employee of the
23 DDA or a provider has as a result of his or her employment cause to believe that a person who is
67
1 eligible for supports and services under this act has recently been or is being subject to abuse,
2 neglect, or exploitation by another and has no one willing and able to provide adequate
3 protection, the employee shall:
4 (1) Immediately report this belief to the DDA; and
5 (2) Immediately report this belief to the APS in accordance with section 4 of
6 Adult Protective Services Act of 1984, effective December 7, 1984 (D.C. Law 5-156; D.C.
7 Official Code § 7-1903).
8 (b) The duty to report established by subsection (a) of this section shall not apply to:
9 (1) An advocate; or
10 (2) A social worker or licensed health professional who has as a client or patient,
11 or is employed by a lawyer representing, a third person who is allegedly responsible for the
12 abuse or neglect.
13 (c) A report made pursuant to this section may be either oral or written and shall include,
14 if known: The name, age, physical description, and location of the adult alleged to be in need of
15 protective services; the name and location of the person(s) allegedly responsible for the abuse,
16 neglect, or exploitation; the nature and extent of the abuse, neglect, or exploitation; the basis of
17 the reporter’s knowledge; the names of the reporter and the reporter’s employer; and any other
18 information the reporter believes might be helpful to an investigation.
19 (d) The Mayor shall:
20 (1) Designate the DDA to investigate reports of alleged abuse, neglect, self-
21 neglect, and exploitation of persons who have been found eligible for DDA supports and services
22 in accordance with section (5)(a)(1) of the Adult Protective Services Act of 1984, effective
23 December 7, 1984 (D.C. Law 5-156; D.C. Official Code § 7-1904(a)(1)); and
68
1 (2) Designate the DDA to request that the Attorney General promptly conduct a
2 factual inquiry and, if legally supportable, file a petition in court for a provisional order for
3 persons who have been found eligible for DDA supports and services in accordance with section
4 7(a) of the Adult Protective Services Act of 1984, effective December 7, 1984 (D.C. Law 5-156;
5 D.C. Official Code § 7-1906(a)).
6 (e) The DDA shall provide an adult in need of protective services who is eligible for
7 supports and services under this act with expedited access to supports and services, if expedited
8 access is reasonably calculated to remedy or substantially reduce the likelihood of abuse, neglect,
9 exploitation, or self-neglect. The DDA may provide such supports and services on a temporary
10 basis of up to 90 days or on a permanent basis.
11 (f) The DDA shall ensure that all employees of the DDA and of providers receive initial
12 and annual training on the requirements of this section and the identification of abuse, neglect,
13 exploitation, and self-neglect.

Deleted: 2
14 Sec. 125. Checks of criminal background, abuse and neglect registries, and traffic record.
Deleted: It shall be the policy of the
District to require that e
15 (a) Every employee of the DDA, a provider, and the advocate program established by
Deleted: or
16 section 107 (“advocate program”) and every unsupervised volunteer of the DDA, a provider, and Deleted: or
17 the advocate program who has direct contact with persons with developmental disabilities, shall
18 complete a criminal background check, a check against all District registries of substantiated
19 abuse and neglect, and a traffic record check where applicable. To the extent that this act
20 conflicts with any other District law, the requirements of this act shall supersede any other
21 District law, except that this law shall not apply to foster parents.
22 (b) (1) Except as provided in paragraph (2) of this subsection, the requirements of this
23 section shall apply to:
69
Deleted: A
1 (A) An applicant for paid employment with the DDA, a provider, or the Deleted: s
Deleted: or
2 advocate program;
Deleted: A
3 (B) An applicant for voluntary service in a position at the DDA, a Deleted: s
Deleted: or
4 provider, or the advocate program that will involve direct, unsupervised contact with persons
5 with developmental disabilities;

Deleted: E
6 (C) An employee of the DDA, a provider, or the advocate program; and Deleted: s
Deleted: or
7 (D) A volunteer who serves the DDA, a provider, or the advocate Deleted: V
Deleted: s
8 program in a position that involves direct, unsupervised contact with persons with developmental
Deleted: or
9 disabilities.
Deleted: J
10 (2) A job applicant, volunteer applicant, employee, or volunteer who has an Deleted: s
Deleted: s
11 active federal security clearance shall not be required to submit to a criminal background check. Deleted: s
Deleted: and
12 (c) The DDA, providers, and the advocate program shall not hire any job applicant or
Deleted: s
Deleted: ve
13 volunteer applicant who is subject to the requirements of this section without:
Deleted: and
14 (1) Checking the applicant’s name against the DDA registry of former employees
Deleted: in
15 terminated because of substantiated acts of abuse or neglect established by section 126; Deleted: 117
Deleted: and
16 (2) Checking the applicant’s name against the Nurse Aide Abuse Registry, any
Deleted: other
17 registries of substantiated abuse and neglect maintained by the District, and any registries of
18 substantiated abuse and neglect maintained by a state and identified by the Mayor in rulemaking
19 for this section;
20 (3) Checking the applicant’s name against the List of Excluded
21 Individuals/Entities maintained by the U.S. Department of Health and Human Services, Office of
22 Inspector General to exclude from participation in Medicare, Medicaid, and other Federal health
23 care programs individuals and entities who have engaged in fraud or abuse, and to impose civil
70
1 money penalties for certain misconduct related to Federal health care programs in accordance
2 with section 1128 and section 1156 of the Social Security Act (42 U.S.C. §§ 1320a–7 and
3 1320c–5);
Deleted: 3
4 (4) Conducting a traffic record check, if the applicant will be required to drive a
5 motor vehicle to transport persons with developmental disabilities in the course of performing
6 his or her duties; and

Deleted: 4
7 (5) Requiring the applicant to provide a copy of a Federal criminal history record,
8 obtained pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law
9 92-544, 86 Stat 1115, that is not more than 30 days old.
10 (d) A job applicant or volunteer applicant who is required to apply for a criminal
11 background check in accordance with this section may be offered the position contingent upon
12 receipt of a satisfactory background check, and may begin working in a setting that does not
13 involve direct contact with persons with developmental disabilities prior to receiving the results.
Deleted: and
14 (e) At the time of application, the DDA, providers, and the advocate program shall
15 provide written notice of the requirements of this section to all job applicants and volunteer
16 applicants who are subject to the requirements of this section.
17 (f) Before any job applicant or volunteer applicant who is subject to the requirements of
18 this section may be offered a compensated position or an unsupervised volunteer position, the
Deleted: or
19 DDA, the provider, or the advocate program shall require the applicant to: Deleted: job
Deleted: or volunteer applicant
20 (1) Provide a copy of a Federal criminal history record that is not more than 30
21 days old, or provide:
22 (A) A complete set of fingerprints in a form approved by the FBI which
23 may be submitted by the MPD to the FBI for Federal criminal history information pursuant to the
71
1 Federal Bureau of Investigation appropriation of Title II of Public Law 92-544, 86 Stat 1115.
2 Fingerprinting for the purposes of this section may be conducted by any individual authorized to
3 do so by the Mayor or the FBI;
4 (B) Written authorization for the Mayor to conduct a criminal background
5 check;
6 (C) Written confirmation that the job applicant or volunteer applicant has
7 been informed by the DDA or provider that the Mayor is authorized to conduct a criminal
8 background check on the job applicant or volunteer applicant;
9 (D) Any additional identification that is required for the criminal
10 background check, including name, social security number, birth date, and gender; and
11 (E) Written acknowledgment that the DDA or provider has notified the
12 job applicant or volunteer applicant of his or her right to receive the original criminal
13 background check report and to challenge the accuracy and completeness of the report;
14 (2) Provide a signed affirmation stating whether or not the job applicant or
15 volunteer applicant has been convicted of a crime, has pleaded nolo contendere, is on probation
16 before judgment or placement of a case upon a stet docket, or has been found not guilty by
17 reason of insanity, for any sexual offenses or intrafamily offenses in the District or their
18 equivalent in any other state or territory, or for any of the following felony offenses or their
19 equivalent in another state or territory:
20 (A) Murder, attempted murder, or manslaughter;
21 (B) Arson;
22 (C) Assault, assault with a dangerous weapon, mayhem, malicious
23 disfigurement, or threats to do bodily harm;
72
1 (D) Burglary;
2 (E) Robbery;
3 (F) Kidnapping;
4 (G) Theft, fraud, forgery, extortion, or blackmail;
5 (H) Illegal use or possession of a firearm;
6 (I) Sexual offenses, including indecent exposure; promoting, procuring,
7 compelling, soliciting, or engaging in prostitution; corrupting minors (sexual relations with
8 children); molesting; voyeurism; committing sex acts in public; incest; rape; sexual assault;
9 sexual battery; or sexual abuse; but excluding sodomy between consenting adults;
10 (J) Child abuse or cruelty to children; or
11 (K) Unlawful distribution of or possession with intent to distribute a
12 controlled substance;
13 (3) Provide a signed affirmation stating whether or not the job applicant or
14 volunteer applicant has ever been terminated or separated from employment as a result of
15 substantiated abuse or neglect; and
16 (4) Provide written acknowledgment that the DDA or provider may choose to
17 deny the applicant employment or a volunteer position, or to terminate an employee or volunteer,
18 based on the outcome of the criminal background check, registry checks, check of the List of
19 Excluded Individuals/Entities maintained by the U.S. Department of Health and Human
20 Services, Office of Inspector General, and traffic record check if applicable.
21 (g) All employees and volunteers who are subject to the requirements of this section
22 shall submit to periodic criminal background checks and checks against all registries of abuse
23 and neglect maintained by the District. Criminal background checks shall be conducted using the
73
1 same procedures for job applicants and volunteer applicants described in subsection (f) of this
2 section.
Deleted: and
3 (h) The DDA, providers, and the advocate program shall not employ or permit to serve
4 as a volunteer in an unsupervised position that involves direct contact with persons with
5 developmental disabilities an individual who, in the District or in any other state or territory of
6 the United States where such individual has resided, has been convicted of, has pleaded nolo
7 contendere to, is on probation before judgment or placement of a case on the stet docket because
8 of, or has been found not guilty by reason of insanity for any of the felony offenses listed in
Deleted: within the 7 years preceding a
criminal background check conducted
9 subsection (f)(2) of this section. pursuant to this section
Deleted: In accordance with the
10 (i) If based on a criminal background check a job applicant or volunteer applicant has District of Columbia Administrative
Procedure Act, approved October 21,
1968 (82 Stat. 1204; D.C. Official Code §
11 been denied employment, or an employee or volunteer has been terminated, the DDA, the 2-501 et seq.), the DDS may issue rules
describing any other offenses that shall
disqualify or potentially disqualify a job
12 provider, or the advocate program shall provide written notice and the job applicant, volunteer applicant, volunteer applicant, employee,
or volunteer from employment with the
DDA or a provider, which may consider
13 applicant, employee or volunteer may appeal the denial to the Commission on Human Rights the following factors: ¶
(1) The specific duties and
responsibilities necessarily related to the
14 within 30 days of the date of the written statement. employment sought;¶
(2) The bearing, if any, the criminal
offense for which the individual was
15 (j) A volunteer may use the same criminal background check for a period of 2 years previously convicted will have on his or
her fitness or ability to perform one or
more of such duties or responsibilities; ¶
16 when applying for multiple volunteer positions, if the volunteer provides a signed affirmation (3) The time that has elapsed since the
occurrence of the criminal offense; ¶
(4) The age of the individual at the time
17 that he or she has not been convicted of a crime, has not pleaded nolo contendere, is not on of the occurrence of the criminal offense; ¶
(5) The frequency and seriousness of the
criminal offense; ¶
18 probation before judgment or placement of a case upon a stet docket, and has not been found not (6) Any information produced by the
individual, or produced on his or her
behalf, regarding his or her rehabilitation
19 guilty by reason of insanity, for any sexual offenses or intrafamily offenses in the District or their and good conduct since the occurrence of
the criminal offense; and ¶
(7) The public policy that it is beneficial
20 equivalent in any other state or territory, or for any of the felony offenses listed in subsection generally for ex-offenders to obtain
employment.
21 (f)(2) of this section, or their equivalent in any other state or territory, since the date of the most Deleted: or
Deleted: to volunteer
22 recent criminal background check conducted on him or her. Deleted: -
74
Deleted: (k) The DDA and each
provider shall maintain a list of the
1 (k) All criminal background records received by the Mayor shall be confidential and are positions at the DDA or the provider that
are subject to the requirements of this
section, and shall update the list by
2 for the exclusive use of making employment-related determinations under this act. The records December 1 of each year. ¶
Deleted: l
3 shall not be released or otherwise disclosed to any individual except when:
4 (1) Required as one component of an application for employment or voluntary
5 service with the DDA or a provider under this act;
6 (2) Requested by the Mayor, or his or her designee, during an official inspection
7 or investigation;
8 (3) Ordered by a court;
9 (4) Authorized by the written consent of the individual being investigated; or
10 (5) Used for a corrective, adverse, or administrative action in a personnel
11 proceeding.
Deleted: m
12 (l) A job applicant, volunteer applicant, employee, or volunteer with the DDA, a Deleted: or a
13 provider, or the advocate program who intentionally provides false information that is material to
14 the application in the course of applying for the position shall be subject to prosecution pursuant
15 to section 404 of the District of Columbia Theft and White Collar Crimes Act of 1982, effective
16 Dec. 1, 1982 (D.C. Law 4-164; D.C. Official Code § 22-2405).

Deleted: n
17 (m) An individual who discloses confidential information in violation of subsection (l) of
18 this section is guilty of a criminal offense and, upon conviction, shall be fined not more than
19 $1,000 or imprisoned for not more than 180 days, or both.

Deleted: o
20 (n) Prosecutions for violations of this section shall be brought in the Court by the Office
21 of the Attorney General.
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Deleted: p
1 (o) 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 Mayor shall issue rules
3 to implement the provisions of this section. The rules shall include:
4 (1) Requirements and procedures for the DDA, providers, and the advocate
5 program to check registries of substantiated abuse and neglect maintained by one or more states;
Deleted: 1
6 (2) A timeline for the implementation of this section as it applies to current
7 employees and volunteers of the DDA and providers on the effective date of this act;
Deleted: 2
8 (3) The location of the office in which applications for criminal background
9 checks are to be made;

Deleted: 3
10 (4) Procedures for a job applicant, volunteer applicant, employee, or volunteer to
11 challenge allegations that he or she committed a proscribed offense; and

Deleted: 4
12 (5) A description of the corrective or adverse actions that may be taken against
13 any provider that, or any employee of the DDA or a provider who, is found to have violated the
14 provisions of this section.

Deleted: 3
15 Sec. 126. Registry of former employees terminated because of substantiated acts of
16 abuse or neglect and convictions.

Deleted: ¶
17 (a) The Mayor, or his designee in accordance with section 106(c2) of the Department on
18 Disability Services Establishment Act of 2006, effective March 14, 2007 (D.C. Law 16-264;
19 D.C. Official Code § 7-761.06(c2)), shall enter into interstate agreements or compacts to permit
20 the DDA, providers, and the advocate program established by section 107 (“advocate program”)
21 to check the names of job applicants, volunteer applicants, employees and volunteers against
22 registries maintained by states of individuals who have been terminated or separated from
23 employment as a result of substantiated abuse or neglect.
76
Deleted: a
1 (b) The DDA shall establish and maintain a registry of individuals who have been
Deleted: or
2 terminated or separated from employment by the DDA, a provider, and the advocate program as
Deleted: substantiated
3 a result of abuse or neglect substantiated by the DDS or the APS. The registry may include Deleted: Department of Human
Services, Adult Protective Services
4 individuals who have been terminated or separated from employment by the DDA, a provider, Deleted: or
5 and the advocate program as a result of a criminal conviction of or nolo contendere plea to abuse
6 or neglect. The DDA shall, for the purposes of maintaining the registry, be capable of responding
7 to inquiries in accordance with subsection (c) of this section as to whether an individual has been
8 terminated or separated from employment as a result of substantiated abuse or neglect, or a
9 criminal conviction for or nolo contendere plea to abuse or neglect. Such capability may include
10 response by telephone voice mail or other automated response for initial inquiries.
Deleted: b
11 (c) The registry established and maintained by the DDA shall include:
12 (1) The names, addresses, and social security numbers or alien identification
Deleted: by a provider
13 numbers of those individuals terminated or separated from employment as a result of
14 substantiated abuse or neglect;
15 (2) The date of termination or separation;
16 (3) The type of abuse or neglect;
17 (4) The type of criminal charge or nolo contendere plea, if any; and
18 (5) The name of any employer or authorized protective services agency
19 requesting information from the registry, the reason for the request, and the date of the request.
Deleted: c
20 (d) The DDA shall make information in the registry available only to:
21 (1) Authorized protective services agencies, for the purpose of protective service
22 determinations;
77
1 (2) Providers who employ individuals to provide supports and services to persons
2 with developmental disabilities;
3 (3) The advocate program; and

Deleted: 3
4 (4) Private persons who are seeking to hire a self-employed health caregiver.
Deleted: d
5 (e) The DDA shall limit responses to requests for identifying information from the
Deleted: under
6 registry established by this section to:
7 (1) Identification of the individual terminated or separated from employment for
8 substantiated abuse or neglect or a criminal conviction for or a nolo contendere plea to abuse or
9 neglect; and
10 (2) The type of abuse or neglect and whether the abuse or neglect was
11 substantiated or resulted in a criminal conviction, or plea of nolo contendere.

Deleted: e
12 (f) Not later than 5 business days following receipt of written notification by the DDA or
Deleted: Department of Human
Services, Adult Protective Services
13 the APS of the substantiation of, criminal conviction for, or plea of nolo contendere to abuse or
14 neglect by an employee who has been terminated or separated from employment for such abuse
15 or neglect, an employer shall submit to the DDA the name of such employee and such other
16 information as the DDA may request. Upon receipt of notification of a termination or separation
17 due to substantiated abuse or neglect, the DDA shall conduct a hearing in accordance with § 2-
18 509. The DDA shall not place the name of an individual terminated due to substantiated abuse or
19 neglect on the registry until the DDA has completed the hearing and the hearing has resulted in a
20 decision to place the individual’s name on the registry.

Deleted: f
21 (g) The DDA shall remove an individual’s name from the registry if an arbitration or a
22 legal proceeding results in a finding that the individual was unfairly terminated from
23 employment or the criminal conviction was overturned.
78
Deleted: g
1 (h) (1) No employer shall be liable in any civil action for damages brought by an
2 employee or a job applicant whose name appears on the registry established by this section
3 arising out of the conduct of the employer in:
4 (A) Making any report in good faith pursuant to subsection (e) of this
5 section;
6 (B) Testifying under oath in any administrative or judicial proceeding
7 arising from such report;
8 (C) Refusing to hire or to retain any individual whose name appears on

Deleted: under
9 the registry established by this section, or
10 (D) Taking any other action to conform to the requirements of this
11 section.
12 (2) The immunity provided in this subsection shall not apply to gross negligence
13 or to wilful or wanton misconduct.

Deleted: 4
14 Sec. 127. Services for persons found incompetent in a criminal case.
15 (a) For a person 14 years of age or older found incompetent in a criminal case as a result
16 of intellectual disability, the District may file a written petition with the Court for a civil
Deleted: DDA
17 commitment of the person to the care of the DDS. The District shall have no more than 30 days
18 from the date on which the Court finds that the person is incompetent and not likely to gain
19 competence in the foreseeable future in which to file a petition. For extraordinary cause shown,
20 the Court may extend the period of time within which the petition must be filed.
21 (b) While awaiting the District’s decision pursuant to subsection (a) of this section and
22 during the pendency of any resultant civil commitment proceedings, the Court may order the
Deleted: DDA
23 person placed with the DDS in a setting that the DDS preliminarily determines can provide Deleted: DDA
79
1 supports and services consistent with the person’s needs, and supervision or security sufficient to
2 prevent the person from causing injury to others as a result of his or her intellectual disability.
3 (c) Proceedings for the civil commitment of a person 14 years of age or older found
4 incompetent in a criminal case pursuant to this section shall be commenced by the District filing
5 a written petition with the Court in the manner and form prescribed by the Court. A copy of the
6 petition shall be served on the person, the person’s counsel, the person’s guardian, and the
7 person’s advocate.
8 (d) Upon the filing of the petition, the Court shall promptly conduct a status hearing in
9 accordance with the procedures set forth in this section.
10 (e) Respondents shall be represented by counsel in any proceeding before the Court, and
11 shall be so informed by the Court. If a person requests the appointment of counsel or if a
12 respondent fails or refuses to obtain counsel, the Court shall appoint counsel to represent the
13 person or respondent. Whenever possible, counsel shall be appointed who has had experience
14 working with persons with intellectual disability. Counsel appointed to represent respondents and
15 persons who are unable to pay for such counsel, shall be awarded compensation by the Court for
16 his or her services in an amount determined by the Court to be fair and reasonable.
Deleted: DDA
17 (f) At least 10 days prior to the hearing the DDS shall submit to the Court a written
18 report based on a comprehensive screening which has been performed in accordance with section
Deleted: 107
19 106(e) within the 6 months prior to the hearing, and a copy of an ISP which has been prepared
20 within 30 days of the filing of the petition. If a petition filed in accordance with subsection (a) of
21 this section is not accompanied by such documents, the Court shall immediately order that a
22 comprehensive screening be conducted, and an ISP and a report be written. The written report
23 shall indicate:
80
1 (1) Whether or to what degree the person or respondent has intellectual disability;
2 (2) What supports and services the person needs; and
3 (3) The record of supports and services provided to the person, if any.
4 (g) The DDA shall provide a copy of the written report, the comprehensive screening,
5 and the ISP to the person or respondent and his or her counsel at least 10 days prior to the
6 hearing. If the petition was accompanied by a written report, comprehensive screening, or ISP,
Deleted: DDA
7 the DDS shall provide copies of such documents to the respondent and his or her counsel within
8 3 days of the filing of the petition.
9 (h) If the respondent demonstrates that a comprehensive screening of a person failed to
10 comply substantially with accepted professional standards and that sound professional judgment
11 was not exercised in the performance of the evaluation, the Court, upon a motion of the
12 respondent, may order an independent comprehensive screening of the person at the District’s
13 expense if the person is unable to pay.
14 (i) Except as provided in subsection (j) of this section, hearings shall be conducted in as
15 informal a manner as may be consistent with orderly procedure. The presence of the respondent
16 may be waived only if the Court finds that the respondent has knowingly and voluntarily waived
17 his or her right to be present, or if the Court determines that the respondent is unable to be
18 present by virtue of his or her disability.
19 (j) A person may demand a jury trial, and shall be so informed of this right. The demand
20 shall be made at the status hearing. If a timely demand for jury trial is not made, the Court shall
21 serve as the factfinder at the hearing. A hearing by the Court or jury shall be accorded with all
22 reasonable speed.
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1 (k) The person shall have the right to be present during the trial or hearing and to testify,
2 but shall not be compelled to testify, and shall be so advised by the Court. The person shall have
3 the right to be represented by counsel, retained or appointed by the Court, in any hearing or trial,
4 and shall be so informed by the Court of this right. The person shall have the right to call
5 witnesses and present evidence, and to cross-examine opposing witnesses.
6 (l) If the Court or jury finds that the person does not have intellectual disability or that
7 the person is not likely to cause injury to others as a result of the person’s intellectual disability if
8 allowed to remain at liberty, the Court shall dismiss the petition. If the Court or jury finds that
9 the person has intellectual disability and is likely to cause injury to others as a result of the
10 person’s intellectual disability if allowed to remain at liberty, the Court shall order civil
Deleted: DDA
11 commitment to the care of the DDS for supports and services that are least restrictive to the
12 person’s liberty while preventing the person from causing injury to others as a result of the
13 person’s intellectual disability.
14 (m) The District shall present clear and convincing evidence that shows that the
15 respondent is likely to cause injury to others as a result of intellectual disability if allowed to
16 remain at liberty.
17 (n) Hearings shall be closed to the public unless the person, or his or her counsel,
18 requests that a hearing be open to the public.
19 (o) Any civil commitment order of the Court may be appealed in a like manner as other
20 civil actions.
Deleted: DDA
21 (p) Within 10 business of the civil commitment of a person to the care of the DDS, the
22 Court shall appoint a qualified advocate selected from a list of such advocates it maintains and
23 shall notify the person, the parent of a minor, and the person’s guardian of the appointment and
82
1 the person’s right to reject the services of the advocate. The services of the advocate shall be
Deleted: 108
2 delivered in accordance with the advocacy provisions of section 128.
3 (q) (1) The DDS may transfer a person who has been civilly committed to the care of
4 the DDS from one residential setting to another if the DDS determines that it would be beneficial
5 and consistent with the needs of the person to do so. By no later than 30 days before the transfer
6 date, the DDS shall notify the person, the person’s counsel, the person’s advocate, and the Court
7 of the proposed transfer. A Court hearing shall be held only if the person, the person’s counsel,
8 or an individual acting on behalf of the person requests a hearing by petitioning the Court in
9 writing within 10 days of being notified by the DDS. The Court shall hold the hearing promptly
10 following the request for the hearing. In deciding whether to authorize the transfer, the Court
11 shall:
12 (A) Consider whether the proposed residence can provide the necessary
13 supports and services and whether it would be the most integrated setting for providing such
14 supports and services;
15 (B) Consider whether the proposed residence can provide sufficient
16 supervision or security to prevent the person from causing injury to others as a result of the
17 person’s intellectual disability; and
18 (C) Give due consideration to the relationship of the person to his or her
19 family, guardian, or friends so as to maintain relationships and encourage interaction beneficial
20 to the relationships.
21 (2) Nothing in this subsection shall be construed to prohibit transfer of a person
22 to a health care facility without prior notice in an emergency situation when the life of the person
23 is in danger. In such circumstances, consent of the person, or parent or guardian who sought the
83
1 commitment shall be obtained prior to the transfer. In the event the person cannot consent and
2 there is no individual who can be reasonably contacted, such transfer may be made upon the
3 authorization of the DDS, with notice promptly given to the parent or guardian. Consent of the
4 person, parent, or guardian is not required if the District sought commitment. The parent,
5 guardian, counsel for the person, and advocate shall be notified promptly of the transfer.
Deleted: q
6 (r) Any decision of the Court ordering civil commitment of a person shall be reviewed in Deleted: A
7 a court hearing annually. The person shall not be discharged if the Court finds that the person is
8 likely to cause injury to others as a result of his or her intellectual disability if allowed to regain
9 his or her liberty. Notice of a proposed discharge shall be served on the person, the person’s
10 guardian, the person’s counsel, the person’s advocate, and the District at least 30 days prior to
11 the proposed discharge. If the person, the person’s guardian, the person’s counsel, the person’s
12 advocate, or the District objects to the discharge, he or she, or the District, may file a petition
13 with the Court requesting a hearing in accordance with the procedures set forth in this section.
14 Any objecting party shall file the petition requesting a hearing with the Court within 10 days of
15 receiving the notice. The hearing, if one is requested, shall be held on or before the discharge
16 date. The person shall not be discharged prior to the hearing.

Deleted: r
17 (s) If a person is discharged in accordance with the provisions of subsection (r) of this Deleted: q
18 section but continues to evidence the need for supports and services, it shall be the responsibility
Deleted: DDA
19 of the DDS to arrange for suitable services for the person.
Deleted: s
20 (t) Costs and expenses of all proceedings held under this section shall be paid as follows:
21 (1) To expert witnesses designated by the Court, an amount determined by the
22 Court;
84
1 (2) To attorneys appointed under this section, fees as authorized under the
2 Criminal Justice Act (§ 11-2601 et seq.);
3 (3) To other witnesses, the same fees and mileage as for attendance at Court to be
4 paid upon the approval of the Court.

Deleted: t
5 (u) Nothing in this section is intended to abridge the rights of persons civilly committed
Deleted: DDA
6 to the care of the DDS by order of the Court in a criminal proceeding. No person civilly
Deleted: DDA
7 committed to the care of the DDS in accordance with this section shall be denied supports and
Deleted: DDA
8 services suited to the person’s needs. The DDS shall provide a person who has been civilly
9 committed with supports and services that will maximize the person’s abilities, enhance the
10 person’s ability to cope with the person’s environment, and create a reasonable opportunity for
Deleted: DDA
11 progress toward the goal of independent living. The DDS shall provide a written certification to
Deleted: DDA
12 the Court, before civil commitment to the DDS is ordered, that the supports and services
13 indicated by the person’s ISP will be implemented.

Deleted: u
14 (v) If a person is civilly committed by the Court to the care of the DDS or is committed Deleted: DDA
15 by the Court to the DMH pursuant to subchapter IV of Chapter 5 of Title 21, or if a person is
Deleted: DDA
16 temporarily placed with the DDS pursuant to subsection (b) of this section during the pendency
Deleted: DDA
17 of civil commitment proceedings, and the DDS or the DMH has reason to believe that the
Deleted: DDA
18 committed person or the person temporarily placed with the DDS has been dually diagnosed with
Deleted: DDA
19 both mental illness and intellectual disability or developmental disability, the DDS and the DMH
20 shall collaborate in assessing the person and shall jointly provide appropriate supports and
21 services for the person.
22 Sec. 128. Court-appointed advocates for persons found incompetent in a criminal case.
85
1 (a) Persons with intellectual disability whose civil commitment is sought under section
2 127 shall have the assistance of an advocate in every proceeding and at each stage in such
3 proceedings under section 127; however, a person may knowingly reject the services of an
4 advocate and shall be so advised by the Court. An advocate whose services have been rejected
5 shall not have the rights set forth in subsections (d), (e), (f), and (k) of this section. If a person
6 who has rejected the services of an advocate at any time withdraws the rejection, the Court shall
7 promptly assign an advocate to the person.
8 (b) Upon receipt of the petition for civil commitment filed pursuant to section 127 the
9 Court shall appoint a qualified advocate selected from a list of such advocates it maintains.
10 (c) 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.
12 (d) An advocate shall have the following powers and duties with respect to the person to
13 whom the advocate has been assigned:
14 (1) To inform the person of the person’s rights under this act and to support the
15 person to exercise his or her rights;
21 interests;
86
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:
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;
16 whom the advocate has been assigned;
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.
87
1 (h) An advocate shall complete a screening, a criminal background check, and a training
2 course in accordance with standards established by the Court.
3 (i) An advocate shall limit his or her caseload to a size that permits the advocate to fulfill
4 the duties of the advocate established by this section, and to maintain regular and reasonable
5 contact with each person, including a minimum of one visit per month, unless otherwise
6 specified by the Court based on the expressed preferences of the person.
7 (j) Advocates shall be provided directly by the Court, by a contract with individuals or
8 organizations, or by an agreement with the DDS to provide advocates through the advocate
9 program established by section 107. The Court shall ensure that any contracts and agreements
10 provide that each advocate shall be independent of any public or private agency that provides
11 supports and services pursuant to section 111 or section 112.
12 (k) Advocates shall have supervision and shall be provided with facilities and other
13 support services sufficient to enable them to carry out their duties under this act.
14 (l) In the development of the advocacy program the Court shall explore and seek out
15 potential sources of funding at the federal and District levels.
16 (m) The Court shall promulgate such rules amplifying and clarifying this section as it
17 deems necessary.
Deleted: 25
18 Sec. 129. Legislative review and reporting.
19 (a) By January 1 of each year, the Mayor shall submit to the Council a comprehensive
20 report on all activities carried out under this act during the previous fiscal year. The report shall
21 include:
88
1 (1) A profile of all persons and families served under this act, which shall include
2 monthly and annual demographic data and a discussion of recent trends and projected changes in
3 the demographic data and the needs and preferences of such persons and families;
4 (2) A narrative description of the activities carried out under each section of this
5 act;
Deleted: (3) A report card on the
Mayor’s implementation of the
6 (3) Quarterly and annual numbers of persons and families requesting eligibility Comprehensive Developmental
Disabilities Services Plan;¶
7 determinations, aggregate date on the disposition of such eligibility determinations, and quarterly Deleted: 4
Deleted: A description of each type of
8 and annual numbers of persons and families receiving each type of support or service; support and service provided by the DDA
and the monthly
Deleted: 5
9 (4) A plan for how the DDA will comply with sections 115 and 116 during the
Deleted: 4
10 upcoming fiscal year and the following aggregate statistics with regard to persons receiving Deleted: 5
11 supports and services from the DDA during the previous fiscal year:
Deleted: s
12 (A) The number of persons who:
13 (i) Have a general guardian, a limited guardian, a health-care
14 guardian, or an emergency guardian as of the end of the prior fiscal year;
15 (ii) At any time during the prior fiscal year, had an emergency
16 guardian authorized to make health-care decisions or a health-care guardian;
17 (iii) Have executed a durable power of attorney in accordance
18 with D.C. Official Code § 21-2205;
19 (iv) Have been offered an opportunity to execute a durable power
20 of attorney pursuant to D.C. Official Code § 21-2205 and declined;
21 (v) Have a person identified as reasonably available, mentally
22 capable, and willing to provide substituted consent pursuant to D.C. Official Code § 21-2210; or
23 (vi) Lack any available substitute health-care decision-maker;
89
1 (B) The numbers of persons taking psychotropic medications as of the
2 end of the previous fiscal year, and an assessment of the degree to which health-care decision-
3 making support for the prescription of psychotropic medication may be required for these
4 persons;
5 (C) The number of requests for consent referred to the independent panel
Deleted: 5
6 authorized in section 116 and an analysis of outcomes, monthly and yearly trends, and requests
7 for review by the HRAC of decisions made by the independent panel; and
8 (D) The number of petitions filed by the District with the Court for an
9 emergency guardian, a health-care guardian, a general guardian, or a limited guardian and:
10 (i) A profile of the categories of health-care needs and medical
11 treatments that led the District to petition the Court for each type of guardian;
12 (ii) The average time elapsed between the filing of a petition and
13 the appointment of each type of guardian; and
14 (iii) An analysis of the statistics described in this paragraph,
15 identification of yearly and multiyear trends, and a plan for remedial measures to be taken when
16 the statistics identify process or service deficiencies;

Deleted: 6
17 (5) (A) The monthly, annual, and year-end number of complaints filed with the Deleted: grievances
Deleted: DDS
18 problem resolution office established by section 118, and aggregate data on the nature and Deleted: under
Deleted: 7 of this act
19 disposition of the complaints;
Deleted: i
Deleted: os
20 (B) The monthly, annual and year-end number of appeals of ineligibility
Deleted: grievances
21 filed with the DDS under section 118, and aggregate data on the disposition of the appeals; and
90
Deleted: B
1 (C) The monthly, annual, and year-end number of complaints brought
Deleted: with regard to the rights,
supports, and services provided under this
2 against the DDS before the Office of Administrative Hearings and the Court, and aggregate data act
3 on the nature and disposition of those complaints;

Deleted: 7
4 (6) A report on the DDA’s quality management improvement system, which
Deleted: s
5 presents and analyzes aggregate data that assess the effectiveness of supports and services,
6 quality enhancement activities, and interagency agreements under this act and identifies any
7 need for related system improvements, targeted monitoring, and enhancements;

Deleted: (8) A report on all waiting
lists, which for each list shall:¶
8 (7) A discussion of supports and services that are needed but not currently (A) Explain how a person is placed on
the waiting list and what criteria
determine rank on the list;¶
9 provided and identification of any legislative or regulatory changes which may be required to (B) Provide a demographic profile of
persons on the waiting list;¶
(C) Identify the level of need,
10 address unmet service needs; preferences, and requested supports and
services of persons on the waiting list,
discuss the reasons for the lack of
11 (8) A report card on the DDA’s implementation of the Comprehensive supports and services, and project the
annual cost to meet these needs and
preferences;¶
12 Developmental Disabilities Services Plan; (D) Identify the minimum, maximum,
average, and median number of days that
persons have been on the waiting list and
13 (9) Recommendations for any needed changes to this act; and state the numbers of persons on the list
for less than 3 months, between 3 and 6
months, between 6 months and one year,
14 (10) Recommendations for any needed revisions to the current fiscal year budget and by 6-month increments thereafter;¶
(E) Identify how many persons were
removed from the waiting list during the
15 and subsequent fiscal year budget. previous fiscal year, why they were
removed from the list, and how many
days they had been on the list; ¶
16 (b) By no later than 10 years after the effective date of this act, the Mayor shall: (F) Describe any supports and services
offered to persons and families while they
are on the waiting list; and ¶
17 (1) Conduct a comprehensive review to determine if the goals and objectives and (G) Outline a method to reduce the
waiting list during the current fiscal year
and subsequent fiscal year and to ensure a
18 of this act have been met and to identify any legislative changes needed to improve the maximum waiting period of no more than
90 days;¶
19 effectiveness of this act; and Deleted: 9
Deleted: ¶
20 (2) Submit to the Council a report summarizing the results of the review and Deleted: 10
Deleted: 1
21 recommendations for legislative changes, if any.
91
Deleted: b
1 (c) The DDA shall produce a quarterly report on all substituted consent activities
Deleted: 4
2 pursuant to section 115 and 116 until October 2010. Quarterly reports shall be complete by the Deleted: 5
3 15th day of October, January, April, and July and shall include:
4 (1) Statistics describing:
5 (A) Petitions filed by the District with the Court for an emergency
6 guardian, a health-care guardian, a general guardian, or a limited guardian;
7 (B) The nature of the health-care needs and medical treatments that led
8 the District to file each petition; and
9 (C) The time elapsed between each filing and the appointment of a
10 guardian; and
11 (2) An analysis of the statistics described in this subsection, and a plan for
12 remedial measures to be taken, when the statistics identify process delays.

Deleted: 26
13 Sec. 130. Plain language required; plans and reports to be made available to the public. Deleted: Plans and reports written in p
14 (a) All notices, letters, written information, plans, and reports required under this act
15 shall be written in plain language.
16 (b) The Mayor shall submit all plans and reports required under this act to:
17 (1) The Council;
18 (2) The protection and advocacy agency; and
19 (3) Any external advocacy agency designated by the DDA.
20 (c) The DDS shall make all plans and reports required under this act available on its
21 website within one business day of publication, and shall provide copies to the public upon
22 request.
Deleted: 27
23 Sec. 131. Rulemaking.
92
1 (a) The Director of the DDS, in accordance with the District of Columbia Administrative
2 Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.),
3 shall have the authority to issue rules as necessary to implement the provisions of this act, except
Deleted: 122
4 that the Mayor shall issue rules to implement the provisions of section 125.
5 (b) Initial proposed rulemaking to implement the provisions of this act shall be issued by
6 6 months after the effective date of this act; however, initial proposed rulemaking for sections
Deleted: 117
7 118 and 123 shall be published by 3 months after the effective date of this act. Deleted: 121
8 Sec. 132. Comprehensive Developmental Disabilities Services Task Force.
9 (a) There is established a Comprehensive Developmental Disabilities Services Task
10 Force (“Task Force”) to develop a comprehensive plan for the District to meet the current and
11 future community living supports and services needs of residents of all ages with developmental
12 disabilities and their families in a manner most likely to promote the findings and achieve the
13 purposes stated in section 102.
14 (b) The Task Force shall be composed of:
15 (1) Fifteen voting members of whom one shall also be a member of the Family
16 Support Council established by section 113. The 15 voting members shall include:
17 (A) Eight residents with developmental disabilities including persons
18 receiving supports and services from the DDA;
19 (B) Four parents and other family members of residents with
20 developmental disabilities; and
21 (C) Three representatives of community groups or experts; and
22 (2) Non-voting directors of agencies that currently or potentially serve residents
23 with developmental disabilities and their families, including the CFSA, the DHCF, the DHS, the
93
1 DMH, the DOH, the Office on Aging, and the ODR. Agency directors or their designees shall
2 attend all regular Task Force meetings.
3 (c) The Director of the DDS shall appoint the 15 voting Task Force members by 60 days
4 after the effective date of this act. The Director of the DDS shall solicit nominations from the
5 public for the voting members of the Task Force, and shall publish and widely disseminate a
6 proposed list of voting Task Force members for public comment by 30 days after the effective
7 date of this act. The Director of the DDS shall endeavor to appoint at least 1 voting member from
8 each Ward of the District.
9 (d) The Task Force shall be co-chaired by the Director of the DDS, a person with a
10 developmental disability, and a family member of a person with a developmental disability. The
11 person and family member shall be selected by the Task Force members.
12 (e) The DDS shall provide staff assistance and support to the Task Force.
13 (f) The Task Force shall take steps to obtain widespread public input which may include
14 sponsoring public forums, conducting focus groups, and creating committees.
15 (g) The Task Force shall meet at least monthly. Task Force meetings shall be open to the
16 public and shall be widely publicized.
17 (h) The Task Force may enact rules of procedure or bylaws to guide its operation. Task
18 Force rules, bylaws, agendas, minutes, and reports shall be made readily available to the public.
19 Sec. 133. Comprehensive Developmental Disabilities Services Plan.
20 (a) The Comprehensive Developmental Disabilities Services Task Force (“Task Force”)
21 shall:
22 (1) By 6 months after the effective date of this act, issue a draft Comprehensive
23 Developmental Disabilities Services Plan;
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1 (2) By 9 months after the effective date of this act, present the final
2 Comprehensive Developmental Disabilities Services Plan to the Mayor and Council; and
3 (3) Assist the Director of the DDS in developing regulations to implement the
4 expansions of eligibility, supports, and services recommended by the Task Force pursuant to
5 subsection (b)(3)(A) of this section.
6 (b) The Task Force shall consider the following goals and policy objectives when
7 developing the Comprehensive Developmental Disabilities Services Plan:
8 (1) The findings, purpose, and objectives stated in section 102;
9 (2) The design, phase in, and delivery of new supports and services to meet the
10 unmet needs of children, youth, and adults with developmental disabilities who prior to the
11 effective date of this act were not eligible for DDA services, including persons with autism,
12 persons with developmental disabilities living with aging parents, parents with developmental
13 disabilities, and persons with developmental disabilities that are primarily physical in nature;
14 (3) The design, phase in, and delivery of new supports and services to meet the
15 unmet needs of families of children, youth, and adults with developmental disabilities; and
16 (4) The strengthening and expansion of supports and services for persons who
17 were eligible for DDA services prior to the effective date of this act, including persons who have
18 co-occurring behavioral health needs.
19 (c) The Comprehensive Developmental Disabilities Services Plan shall include:
20 (1) A profile of District residents with developmental disabilities and their
21 families which shall include data on the current and projected prevalence, disability and
22 demographic characteristics, living arrangements, resources, and unmet needs of such residents
23 over the next one year, 5 years, 10 years, and 20 years;
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1 (2) A clear and concise description of the successes and challenges faced by the
2 District in meeting the needs of residents with developmental disabilities and their families; and
3 (3) Recommendations for the District to:
4 (A) Over the 2 years after the effective date of this act, expand eligibility
5 and implement new supports and services for the DDA to meet the unmet needs of residents with
6 the full range of developmental disabilities and their families, including incremental expansions
7 of eligibility between 12 and 24 months after the effective date of this act;
8 (B) Build the District’s short-term and long-term capacity to meet the
9 needs of residents with developmental disabilities and their families;
10 (C) Meet current and future unmet needs for community supports and
11 services in the most effective, efficient, fair and financially sustainable manner;
12 (D) Ameliorate and eliminate barriers to supports and services;
13 (E) Build on strengths that exist in the system while creating systemic
14 improvements, innovation, coordination, interagency data sharing, and other systemic reforms;
15 (F) Reduce turnover and increase the qualifications of staff that directly
16 support persons with developmental disabilities, using methods which include certification and
17 improvements to training, educational opportunities, pay, and benefits;
18 (G) Continuously identify and integrate best practices into the system as it
19 evolves;
20 (H) Make maximum use of federal funding streams to fund DDA
21 activities; and
22 (I) Manage waiting lists for DDA supports and services in a way that
23 assures that:
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1 (i) Persons on waiting lists begin to receive supports and services
2 at a reasonable pace that is based on a fair, equitable, and consistent method of adjusting support
3 and service levels based on the intensity and immediacy of the needs of the person, the person’s
4 family, and other relevant circumstances affecting the support of the person;
5 (ii) Persons on waiting lists receive supports and services as
6 resources become available; and
7 (iii) In a transparent manner, subject to the confidentiality
8 requirements of section 122, persons and their families are kept up on date on when they can
9 expect to begin to receive supports and services.
10 (d) Each recommendation identified under subsection (c)(3) shall identify the agency or
11 agencies responsible for implementing the recommendation and discuss the commitments that
12 each agency has made.
13 (e) The Task Force shall widely disseminate the documents required under subsection (a)
14 of this section in a variety of accessible and readily understandable formats. The Task Force shall
15 sponsor public forums and other activities to obtain comment on the draft plan from District
16 residents with developmental disabilities, their families, community organizations, providers,
17 and the public.
18 (f) In accordance with the District of Columbia Administrative Procedure Act, approved
20 may issue regulations and take any other actions necessary to implement the expansions of
21 eligibility, supports, and services recommended by the Task Force pursuant to subparagraph
22 (b)(3)(A) of this section.
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1 (g) By 5 years after the Task Force presents the initial Comprehensive Developmental Deleted: 28
Deleted: Sec. 129. Transition from
2 Disabilities Services Plan to the Mayor and Council, and in 5 year increments thereafter, the admission and commitment processes and
procedures.¶
(a) It is the intent of the Council that
3 Director of the DDS shall appoint a new task force to update the Comprehensive Developmental this section shall provide an orderly
process to transition, by 18 months after
the effective date of this act, all persons
4 Disabilities Services Plan. who were admitted or committed to a
facility pursuant the Mentally Retarded
5 Sec. 134. Repeal of Mentally Retarded Citizens Constitutional Rights and Dignity Act. Dignity Act of 1978 to the new
comprehensive system of rights, supports
and services provided under this act. ¶
6 The Mentally Retarded Citizens Constitutional Rights and Dignity Act of 1978, effective (b) For purposes of this section
“admission”, “commitment”, and
“facility” shall have the meanings
7 March 3, 1979 (D.C. Law 2-137; D.C. Official Code § 7-1301.01 et seq.), is repealed. All established in the Mentally Retarded
Dignity Act of 1978, as follows:¶
8 existing rules shall remain in effect until superseded by rules promulgated under this act. (1) “Admission” means the voluntary
entrance by an individual who has at least
moderate intellectual disability into an
9 TITLE II. TRANSITION FROM ADMISSION AND COMMITMENT. institution or residential facility.¶
(2) “Commitment” means the placement
in a facility, pursuant to a court order, of
10 Sec. 201. Short title. an individual who has at least moderate
intellectual disability at the request of the
individual’s parent or guardian without
11 This act may be cited as the “Transition from Admission and Commitment Act of 2009”. the consent of the individual or of an
individual found incompetent in a
criminal case at the request of the
12 Sec. 202. Purpose. District; except it shall not include
placement for respite care.¶
(3) “Facility” means a public or private
13 It is the intent of the Council to: residence, or part thereof, which is
licensed by the District as a skilled or
intermediate care facility or a community
14 (1) Provide a transition period that: residential facility (as defined in D.C.
Regulation 74-15, as amended) and also
includes any supervised group residence
15 (A) Extends, for 36 months after the effective date of this act, the commitment of for persons with intellectual disability
under 18 years of age. For persons
committed, the term "facility" may
16 all persons who were committed to a facility pursuant to the Mentally Retarded Citizens include a physically secure facility or a
staff-secure facility, within or without the
District of Columbia. The term "facility"
17 Constitutional Rights and Dignity Act of 1978, effective March 3, 1979 (D.C. Law 2-137; D.C. does not include a jail, prison, other place
of confinement for persons who are
awaiting trial or who have been found
18 Official Code § 7-1301.01 et seq.); and guilty of a criminal offense, or a hospital
for persons with mental illness within the
meaning of § 24-501.¶
19 (B) Provides an orderly process to transition, 36 months after the effective date of (c) After the effective date of this act, no
person shall be admitted or committed to
a facility pursuant to the admission and
20 this act, all persons to the new comprehensive system of rights, supports and services provided commitment processes and procedures
established in titles III and IV of the
Mentally Retarded Citizens
21 under the Developmental Disabilities Rights and Services Act of 2009; Constitutional Rights and Dignity Act of
1978. ¶
(d) For any person who was admitted
22 (2) Provide a process for the Council to certify that the District has met certain or committed to a facility pursuant to the
admission processes and procedures
established in titles III and IV of the
23 benchmarks as a condition of completing the transition period; and Mentally Retarded Citizens
Constitutional Rights and Dignity Act of
1978, the admission or commitment shall
become void on the effective date of...this[3]
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1 (3) During the transition period, provide persons who were committed to a facility
2 pursuant to the Mentally Retarded Citizens Constitution Rights and Dignity Act of 1978,
3 effective March 3, 1979 (D.C. Law 2-137; D.C. Official Code § 7-1301.01 et seq.), with
4 procedures and rights, including the right to legal representation, a court-appointed advocate, and
5 an annual court review.
6 Sec. 203. Definitions.
7 For purposes of this act:
8 (1) “Admission” means the voluntary entrance by a person who has at least moderate
9 intellectual disability into an institution or residential facility.
10 (2) “Best interests” means promoting personal well-being by assessing:
11 (A) The reason for the proposed action, its risks and benefits, and any alternatives
12 considered and rejected; and
13 (B) The least intrusive, least restrictive, and most normalizing course of action
14 possible to provide for the needs of the person.
15 (3) “Commitment” means the placement with the DDS, pursuant to a court order, of a
16 person who has at least moderate intellectual disability without the consent of the person; except
17 it shall not include placement for respite services.
18 (4) “Competent” means to have the mental capability to appreciate the nature and
19 implications of a decision, choose between or among alternatives presented, and communicate
20 the choice in an unambiguous manner.
21 (5) “Court” means the Superior Court of the District of Columbia.
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1 (6) “DDS” means the Department on Disability Services established by the Department
2 on Disability Services Establishment Act of 2006, effective March 14, 2007 (D.C. Law 16-264;
3 D.C. Official Code § 7-761.03).
4 (7) “DMH” means the Department of Mental Health established by the Department of
5 Mental Health Establishment Amendment Act of 2001, effective December 18, 2001 (D.C. Law
6 14-56; D.C. Official Code § 7-1131.01 et seq.).
7 (8) “Employee” means an individual receiving a salary from the District government, the
8 Superior Court, or the or the advocate program established by section 107 of the Developmental
9 Disabilities Rights and Services Act of 2009.
10 (9) “Facility” means a public or private residence, or part thereof, which is licensed by
11 the District as a skilled or intermediate care facility or a community residential facility (as
12 defined in D.C. Regulation 74-15, as amended) and also includes any supervised group residence
13 for persons with intellectual disability under 18 years of age. For persons committed the term
14 “facility” may include a physically secure facility or a staff-secure facility, within or without the
15 District of Columbia. The term “facility” does not include a jail, prison, other place of
16 confinement for persons who are awaiting trial or who have been found guilty of a criminal
17 offense, or a hospital for persons with mental illness within the meaning of § 24-501.
18 (10) “Family” means:
19 (A) A group of individuals that:
20 (1) Is related by blood, marriage, domestic partnership, adoption, or legal
21 custody; or
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1 (2) Considers themselves a family based upon bonds of affection, which,
2 for the purposes of this act, means enduring ties that do not solely depend upon the existence of
3 an economic relationship; or
4 (B) Any other family unit as the DDS may define in rules.
5 (11) “Individual support plan” or “ISP” means a document prepared pursuant to section
6 109 of the Developmental Disabilities Services and Rights Act of 2009 that identifies and
7 authorizes the supports and services to comprehensively meet the person’s assessed needs in
8 accordance with the person’s expressed preferences, goals, and decisions concerning his or her
9 life in the community.
10 (12) “Intellectual disability” or “persons with intellectual disability” means a substantial
11 limitation in capacity that manifests before 18 years of age and is characterized by significantly
12 subaverage intellectual functioning, existing concurrently with 2 or more significant limitations
13 in adaptive functioning.
14 (13) “Most integrated setting” means a setting that enables persons with disabilities to
15 interact with persons without disabilities to the fullest extent possible.
16 (14) “Protection and advocacy agency” means the designated state protection and
17 advocacy agency for the District established pursuant to the Developmental Disabilities
18 Assistance and Bill of Rights Act of 2000, approved October 30, 2000 (114 Stat. 1712; 42 U.S.C.
19 § 15041 et seq.).
20 (15) “Provider” means an individual or entity that:
21 (A) Is duly licensed or certified to provide supports and services; or
22 (B) Has entered into an agreement with the DDA to provide supports and
23 services.
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1 (16) “Respite services” means temporary supports and services provided to a person,
2 upon application of the person, the person’s parent, the person’s guardian, or a family member of
3 the person, for the temporary relief of such parent, guardian, or family member, who normally
4 provides for supports and services for the person or for the temporary relief of the person.
5 (17) “Resident of the District of Columbia” means a person who maintains his or her
6 principal place of abode in the District, including a person who would be a resident of the
7 District of Columbia if the person had not been placed in an out-of-state setting by the District. A
8 person with a developmental disability who is under 21 years of age shall be deemed to be a
9 resident of the District of Columbia if the custodial parent of the person is a resident of the
10 District of Columbia
11 (18) “Respondent” means the person whose continued commitment is being sought in
12 any proceeding under this act.
13 (19) “Supports and services” means all supports and services provided, funded,
14 regulated, or coordinated by the DDA pursuant to the Developmental Disabilities Rights and
15 Services Act of 2009 for the purpose of meeting the needs of persons with developmental
16 disabilities and their families.
17 (20) “Transition period” means a time of no less than 36 months after the effective date
18 of this act during which persons who were committed to a facility pursuant to section 304(b) or
19 section 306 of the Mentally Retarded Citizens Constitutional Rights and Dignity Act of 1978,
20 effective March 3, 1979 (D.C. Law 2-137; D.C. Official Code §§ 7-1303.04(b) and 7-1303.06)
21 shall be committed to the care of the DDS.
22 Sec. 204. Transition period.
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1 After the effective date of this act, a person who was committed to a facility pursuant to
2 section 304(b) or section 306 of the Mentally Retarded Citizens Constitutional Rights and
3 Dignity Act of 1978, effective March 3, 1979 (D.C. Law 2-137; D.C. Official Code §§ 7-
4 1303.04(b) and 7-1303.06) shall be considered committed to the care of the DDS until:
5 (1) The completion of the transition period pursuant to section 207; or
6 (2) The termination of the person’s commitment pursuant to section 211 or 212.
7 Sec. 205. New admission and commitment prohibited during transition period.
8 (a) After the effective date of this act, no person shall be newly admitted or committed to
9 a facility pursuant to the admission and commitment processes and procedures established by
10 titles III and IV of the Mentally Retarded Citizens Constitutional Rights and Dignity Act of
11 1978, effective March 3, 1979 (D.C. Law 2-137; D.C. Official Code § 7-1301.01 et seq.).
12 (b) Nothing in this section shall be construed to void the commitment of a person who
13 has been found incompetent in a criminal case and has been committed to the DDS for placement
14 in a facility pursuant to section 406a of the Mentally Retarded Citizens Constitutional Rights and
15 Dignity Act of 1978, effective March 3, 1979 (D.C. Law 2-137; D.C. Official Code § 7-
16 1304.06a).
17 Sec. 206. Preparation for completion of transition period.
18 (a) The Court and the District shall work collaboratively to achieve the objectives of this
19 act and shall fully involve the various stakeholders in ongoing planning and implementation
20 activities to prepare for completion of the transition period.
21 (b) By no later than 24 months after the effective date of this act the District shall:
22 (1) Prepare a work plan for transitioning persons to the new system of advocates
23 and legal services provided under the Developmental Disabilities Rights and Services Act of
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1 2009 which shall include procedures to transfer the advocate program from the Court to the
2 District pursuant to section 215; and
3 (2) Conduct a survey of all persons committed to the care of the DDS pursuant to
4 section 204 to determine the level of need for advocates and legal services for the first 3 fiscal
5 years after the completion of the transition period pursuant to section 207. To complete the
6 survey, the District shall enter into an agreement, contract, or grant with a qualified private,
7 nonprofit corporation, organization, or consortia of organizations that is independent of any
8 public or private agency that provides advocacy, legal representation, supports, or services
9 pursuant to sections 107, 108, 111, or 112 of the Developmental Disabilities Rights and Services
10 Act of 2009.
11 (c) During the transition period:
12 (1) The advocate program established by section 214 shall educate persons about
13 the changes in rights, supports and services, and commitment under the Developmental
14 Disabilities Reform Act of 2009 and the right to request termination of commitment pursuant to
15 section 211;
16 (2) The advocate program established by section 214 shall assist persons to
17 request termination of commitment pursuant to section 211, if so desired by the person; and
18 (3) Counsel appointed by the Court to represent persons shall assist persons to
19 request termination of commitment pursuant to section 211, if so desired by the person.
20 (d) Nothing in this act shall be construed to void the commitment of a person who has
21 been found incompetent in a criminal case, who is not likely to gain competency in the
22 foreseeable future, and who has been committed to the care of the DDS by the Court pursuant to
23 section 406a of the Mentally Retarded Citizens Constitutional Rights and Dignity Act of 1978,
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1 effective March 3, 1979 (D.C. Law 2-137; D.C. Official Code § 7-1304.06a) for placement in a
2 facility consistent with the person’s ISP, the person’s needs, and supervision or security
3 sufficient to prevent the person from causing injury to others as a result of his or her intellectual
4 disability. After the effective date of this act, processes and procedures for transfer, requests for
5 termination of such persons’ commitment, and periodic review of such persons’ commitment
6 shall be conducted in accordance with section 127 of the Developmental Disabilities Rights and
7 Services Act of 2009.
8 Sec. 207. Completion of transition period.
9 (a) Thirty-four months after the effective date of this act the Mayor shall submit to the
10 Council a plan for completing the transition period and terminating the commitment of all
11 persons who are committed to the care of the DDS pursuant to section 204. In the plan, the
12 Mayor shall certify that the District has met the following benchmarks:
13 (1) The District has developed and implemented the work plan required by
14 section 206(c)(1);
15 (2) The District has completed the survey required by section 206(c)(2);
16 (3) The District has implemented the advocate program pursuant to section 107
17 of the Developmental Disabilities Rights and Services Act of 2009 and has provided the program
18 with a funding increase that is sufficient for the program meet the increase in need for advocates
19 identified by the survey completed pursuant to section 206(c)(2);
20 (4) The District has implemented the legal services program pursuant to section
21 108 of the Developmental Disabilities Rights and Services Act of 2009 and has provided the
22 program with a funding increase that is sufficient for the program meet the increase in need for
23 legal services identified by the survey completed pursuant to section 206(c)(2); and
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1 (5) The District has implemented the internal problem resolution system and
2 staffed the problem resolution office pursuant to section 118 of the Developmental Disabilities
3 Rights and Services Act of 2009.
4 (b) The Council shall hold a public hearing on the plan within 45 days (excluding
5 Saturdays, Sundays, and holidays) after the plan required under subsection (a) of this section is
6 submitted to it by the Mayor.
7 (c) If the Council does not adopt, within 60 days (excluding Saturdays, Sundays, and
8 holidays) after the plan required under subsection (a) of this section is submitted to it by the
9 Mayor, a resolution disapproving such plan, the commitment of all persons under this act shall
10 terminate, except for the commitment of a person found incompetent in a criminal case who is
11 not likely to gain competency in the foreseeable future and who has been committed to the care
12 of the DDS by the Court.
13 (d) If the Council adopts a resolution disapproving the plan required under subsection (a)
14 of this section, the commitment of persons under this act shall continue until all requirements
15 under the plan have been met or the person’s commitment has been terminated pursuant to
16 section 211 or 212. By 6 months after the Council adopts the disapproval resolution, the Mayor
17 shall submit to the Council a revised plan certifying that all requirements under subsection (a) of
18 this section have been met. The Council shall hold a public hearing on the revised plan and may
19 approve a resolution disapproving the revised plan pursuant to subsection (b) and subsection (c)
20 of this section. The Mayor shall continue to revise and submit the plan to the Council every 6
21 months as necessary for the plan to take effect.
22 (e) The plan required under subsection (a) of this section shall be written in plain
23 language. The DDS shall make the plan available on its website by one business day after the
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1 plan is submitted by the Mayor to the Council, and shall provide copies to the public upon
2 request.
3 Sec. 208. Rights during transition period.
4 (a) No person who is committed to the care of the DDS pursuant to section 204 shall be
5 denied supports and services suited to the person’s needs, regardless of the person’s age or the
6 degree or type of the person’s disability. The DDA shall provide such a person with supports and
7 services that will maximize the person’s human abilities, enhance the person’s ability to cope
8 with the person’s environment, and create a reasonable opportunity for progress toward the goal
9 of independent living.
10 (b) A determination by the Court that a person age 14 years of age or older is
11 incompetent to refuse commitment shall not be relevant to a determination of the person’s
12 competency with respect to other matters not considered by the Court.
13 (c) Any person who has been committed to the care of the DDS pursuant to section 204
14 retains all rights not specifically denied him or her under this act, including rights of habeas
15 corpus, and has all rights provided under the Developmental Disabilities Rights and Services Act
16 of 2009.
17 (d) If a person is committed to the care of the DDS pursuant to section 204 or is
18 committed by the Court to the DMH pursuant to subchapter IV of Chapter 5 of Title 21, and the
19 DDS or the DMH has reason to believe that the committed person or the person temporarily
20 placed with the DDS has been dually diagnosed with both mental illness and intellectual
21 disability, the DDS and the DMH shall collaborate in assessing the person and shall jointly
22 provide appropriate supports and services for the person.
23 Sec. 209. Support planning during transition period.
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1 During the transition period, a person who is committed to the care of the DDS pursuant
2 to section 204 shall have an ISP that is developed and updated pursuant to sections 109 and 110
3 of the Developmental Disability Rights and Services Act of 2009.
4 Sec. 210. Transfer during transition period.
5 During the transition period, a person who is committed to the care of the DDS pursuant
6 to section 204 may be transferred as follows:
7 (1) The DDS may transfer a person from one residential setting to another if the person
8 consents and if the DDS determines that it would be beneficial and consistent with the support
9 and service needs of the person to do so. By no later than 30 days before the transfer date, the
10 DDS shall notify the person, the person’s counsel, the person’s advocate, if one has been
11 appointed, the person’s parent or guardian who petitioned for the commitment, and the Court. A
12 Court hearing shall be held only if the person or the person’s parent or guardian requests a
13 hearing by petitioning the Court in writing within 10 days of being notified by the DDS. The
14 Court shall hold the hearing promptly following the request for the hearing. In deciding whether
15 to authorize the transfer, the Court shall consider whether the proposed residential setting can
16 provide the necessary supports and services and whether it would be the most integrated setting
17 for providing such supports and services. Due consideration shall be given to the relationship of
18 the person to his or her family, guardian, or friends so as to maintain relationships and encourage
19 visits beneficial to the relationship.
20 (2) Nothing in this section shall be construed to prohibit transfer of a person to a health
21 care facility without notice in an emergency situation when the life of the person is in danger. In
22 such circumstances, consent of the person, or parent or guardian who sought the commitment
23 shall be obtained prior to the transfer. In the event the person cannot consent and there is no
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1 individual who can be reasonably contacted, such transfer may be made upon the authorization
2 of the DDS, with notice promptly given to the parent or guardian. The parent, guardian, counsel
3 for the person, and advocate shall be notified promptly of the transfer.
4 Sec. 211. Request for termination of commitment during transition period.
5 (a) During the transition period, the Court shall order termination of the commitment of a
6 person who is committed to the care of the DDS pursuant to section 204 if the person, the
7 person’s counsel, the person’s advocate, the parent or guardian who petitioned for the person’s
8 commitment, or other legal representative requests the person’s release in writing to the Court
9 and the Court determines, based on consultation with the person, the person’s counsel, and the
10 person’s advocate, if one has been appointed, that the person consents to such release.
11 (b) The Court may conduct a hearing in accordance with the procedures set forth in
12 section 213 to determine the question of competence. The Court shall order termination of the
13 commitment unless the Court finds the following beyond a reasonable doubt:
14 (1) The person is a resident of the District of Columbia;
15 (2) The person is incompetent to refuse commitment;
16 (3) Based on the person’s ISP, the person has at least moderate intellectual
17 disability and requires supports and services;
18 (4) The person has benefited from the supports and services;
19 (5) Commitment is necessary in order for the person to receive the supports and
20 services indicated by the person’s ISP; and
21 (6) The DDS is capable of providing the required supports and services and the
22 supports and services are provided in the most integrated setting.
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1 (c) If the Court terminates the commitment of a person in accordance with this section
2 but the person continues to evidence the need for supports and services, it shall be the
3 responsibility of the DDS to arrange for suitable supports and services for the person.
4 Sec. 212. Annual hearing during transition period.
5 (a) During the transition period, the commitment of a person with pursuant to section
6 204 shall be reviewed in a Court hearing annually. The Court shall conduct the hearing in
7 accordance with the procedures set forth in section 213. The Court shall order termination of the
8 commitment unless the Court finds the following beyond a reasonable doubt:
9 (1) The person is a resident of the District of Columbia;
10 (2) The person is incompetent to refuse commitment;
11 (3) Based on the person’s ISP, the person has at least moderate intellectual
12 disability and requires supports and services;
13 (4) The person has benefited from the supports and services;
14 (5) Commitment is necessary in order for the person to receive the supports and
15 services indicated by the person’s ISP; and
16 (6) The DDS is capable of providing the required supports and services and the
17 supports and services are provided in the most integrated setting.
18 (b) If the Court terminates the commitment of a person in accordance with this section
19 but the person continues to evidence the need for supports and services, it shall be the
20 responsibility of the DDS to arrange for suitable supports and services for the person.
21 Sec. 213. Hearing procedures during transition period.
22 (a) During the transition period, a request for a hearing under this act shall be
23 commenced by the filing of a written petition with the Court in the manner and form prescribed
110
1 by the Court. The petition may be filed by the person, the person’s counsel, the person’s
2 advocate, the parent or guardian who petitioned for the person’s commitment, or other legal
3 representative.
4 (b) Respondents have the right to be represented by counsel, retained or appointed by the
5 Court, in any proceeding held before the Court, and shall be informed by the Court of this right.
6 If a respondent fails or refuses to obtain counsel, the Court shall appoint counsel to represent the
7 respondent. Whenever possible, counsel shall be appointed who has had experience in the
8 intellectual disability area. Counsel appointed to represent respondents shall be awarded
9 compensation by the Court for his or her services in an amount determined by the Court to be
10 fair and reasonable.
11 (c) Upon notification of a request for a hearing under this act, the DDS shall submit to
12 the Court a copy of the person’s ISP and a record of supports and services. A copy of the ISP and
13 the record of supports and services shall be provided to the person, the person’s counsel, and to
14 the petitioner if other than the person or counsel, at least 10 days prior to the hearing.
15 (d) The Court shall conduct a hearing promptly after filing of the petition pursuant to
16 subsection (a) of this section. Any hearing shall be conducted in as informal a manner as may be
17 consistent with orderly procedure, and shall be closed to the public unless the respondent, or his
18 or her counsel, requests that a hearing be open to the public. The respondent shall have the right
19 to be present during hearings and to testify, but shall not be compelled to testify, and shall be so
20 advised by the Court. The respondent shall have the right to call witnesses and present evidence,
21 and to cross-examine opposing witnesses.
22 (e) Costs and expenses of all proceedings held under this act shall be paid as follows:
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1 (1) To expert witnesses designated by the Court, an amount determined by the
2 Court;
3 (2) To attorneys appointed under this act, fees as authorized under the Criminal
4 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 (f) Any commitment order of the Court may be appealed in a like manner as other civil
8 actions.
9 Sec. 214. Court-appointed advocates during transition period.
10 (a) During the transition period, a person who is committed to the care of the DDS
11 pursuant to section 204 shall have the assistance of an advocate in every proceeding and at each
12 stage in such proceedings under this act; however, a person may knowingly reject the services of
13 an advocate and shall be so advised by the Court. An advocate whose services have been rejected
14 shall not have the rights set forth in subsections (c), (d), (e), and (i) of this section. If a person
15 who has rejected the services of an advocate at any time withdraws the rejection, the Court shall
16 promptly assign an advocate to the person.
17 (b) A person may at any time request and receive a change in the person’s assigned
18 advocate within 21 calendar days after the person makes the request.
19 (c) An advocate shall have the following powers and duties with respect to the person to
20 whom the advocate has been assigned:
21 (1) To inform the person about his or her rights under this act and under the
22 Developmental Disabilities Rights and Services Act of 2009 and to support the person to
23 exercise his or her rights;
112
1 (2) To educate the person about the changes in rights, supports and services, and
2 commitment under this act and under the Developmental Disabilities Rights and Services Act of
3 2009, and to assist the person to request termination of commitment pursuant to section 211, if so
4 desired by the person;
10 interests;
11 (5) To support the person in such a manner as to encourage self-reliance and to
12 enable the person to exercise rights, to communicate needs, preferences, and goals, and to
13 participate to the greatest extent possible in the planning and delivery of supports and services;
14 (6) To monitor and report to the Court on implementation of the person’s ISP and
15 related court orders; and
16 (7) If so authorized by the Court, to grant, refuse, or withdraw consent on behalf
17 of the person to whom the advocate has been assigned with respect to the provision of any
18 health-care service, treatment, or procedure, consistent with the provisions of Chapter 22 of Title
19 21 of the District of Columbia Official Code.
20 (d) Unless a person objects, an advocate shall:
113
1 person to whom the advocate has been assigned, including the ISP, and any petitions and
2 hearings before the Court related to the person’s rights, supports, and services;
4 whom the advocate has been assigned;
9 (e) All communication between an advocate and the person to whom the advocate has
10 been assigned shall remain confidential and privileged as if between counsel and client.
11 (f) An advocate shall complete a screening, a criminal background check, and a training
12 course in accordance with standards established by the Court.
13 (g) An advocate shall limit his or her caseload to a size that permits the advocate to
14 fulfill the duties of the advocate established by this section, and to maintain regular and
15 reasonable contact with each person, including a minimum of one visit per month, unless
16 otherwise specified by the Court based on the expressed preferences of the person.
17 (h) Advocates shall be provided directly by the Court or by a contract with individuals or
18 organizations; however, the Court shall ensure that contracts and other arrangements for
19 selection and provision of advocates provide that each advocate shall be independent of any
20 public or private agency that provides supports and services pursuant to section 111 or section
21 112 of the Developmental Disabilities Rights and Services Act of 2009.
22 (i) Advocates shall have supervision and shall be provided with facilities and other
23 support services sufficient to enable them to carry out their duties under this act.
114
1 (j) In the development of the advocacy program the Court shall explore and seek out
2 potential sources of funding at the federal and District levels.
3 (k) The Court shall promulgate such rules amplifying and clarifying this section as it
4 deems necessary.
5 Sec. 215. Transfer of functions upon completion of transition period.
6 (a) Upon completion of the transition period pursuant to section 207, all functions and
7 records assigned by the Court to the advocate program established by section 214 shall be
8 transferred to the DDS.
9 (b) The DDS shall offer to any Court employee who is displaced as a result of the
10 transfer of the advocate program pursuant to subsection (a) of this section a right of first refusal
11 to employment by the DDS in the advocate program established by section 107 of the
12 Developmental Disabilities Rights and Services Act of 2009, in a comparable available position
13 for which the employee is qualified, for at least a 6-month period during which the employee
14 shall not be discharged without good cause. If the employee’s performance during the 6-month
15 transition employment period described in this subsection is satisfactory, the DDS shall offer the
16 employee continued employment in accordance with the personnel authority delegated to the
17 DDS by the Mayor pursuant to section 106(d) of the Department on Disability Services
18 Establishment Act of 2006, effective March 14, 2007 (D.C. Law 16-264; D.C. Official Code § 7-
19 761.06(d)).
20 (c) Upon completion of the transition period pursuant to section 207, the legal services
21 program established by section 108 of the Developmental Disabilities Rights and Services Act of
22 2009 may:
115
1 (1) Employ on a full-time, part-time, or contractual basis an attorney who was
2 formerly appointed by the Court to represent persons committed to the care of the DDS under
3 this act; and
4 (2) Consider the choices and preferences of the person in appointing counsel to
5 represent the person.
6 Sec. 216. Sunset.
7 This act shall expire 6 months after the completion of the transition period pursuant to
8 section 207.
9 TITLE III. AMENDMENTS TO THE DEPARTMENT ON DISABILITY SERVICES
10 ESTABLISHMENT ACT.
Deleted: 2
11 Sec. 301. Short title.
12 This act may be cited as the “Department on Disability Services Establishment

Deleted: 8”
13 Amendment Act of 2009”.
Deleted: 2
14 Sec. 302. The Department on Disability Services Establishment Act of 2006, effective
15 March 14, 2007 (D.C. Law 16-264; D.C. Official Code § 7-761.01 et seq.), is amended as
16 follows:
17 (a) Section 102 (D.C. Official Code § 7-761.02) is amended by inserting a new
18 paragraph (2A) to read as follows:
19 “(2A) “DDA” means the Developmental Disabilities Administration of the DDS.”.
20 (b) Section 104 (D.C. Official Code § 7-761.04) is amended by inserting a new
21 subsection (c) and (d) to read as follows:
22 “(c) The Department shall at a minimum have the following administrations:
23 “(1) The Developmental Disabilities Administration; and
116
1 “(2) The Rehabilitation Services Administration.
2 (c) Section 105 (D.C. Official Code § 7-761.05) is amended as follows:
3 (1) Paragraph (1)(A) is amended to read as follows: “ (1)(A) The Developmental
4 Disabilities Rights and Services Act of 2008.”.
5 (2) Paragraph (2) is amended by adding the following phrase at the end: “and §
6 32-301 et seq.;”
Deleted: 2
7 (3) A new paragraph (4A) is inserted to read as follows: “(4A) Identify
Deleted: 6
8 violations of subsections (c), (d), and (f) of section 104 and violations of section 117(d) of the
9 Developmental Disabilities Rights and Services Act of 2008 and take appropriate enforcement
10 action regarding these violations;”.
11 (d) Section 106 (D.C. Official Code § 7-761.06) is amended as follows:

Deleted: by adding a
12 (1) A new subsection (c1) is inserted to read as follows: “(c1) The Director shall
Deleted: 2008
13 have the authority to implement the Developmental Disabilities Rights and Services Act of 2009,
14 including the authority to make grants and provide one-time cash assistance.”.
15 (2) A new subsection (c2) is inserted to read as follows: “(c2) The Director, by
16 delegation from the Mayor, shall enter into interstate agreements or compacts to permit the DDA
17 and providers to check the names of job applicants, volunteer applicants, employees and
18 volunteers against registries maintained by states of individuals who have been terminated or
19 separated from employment as a result of substantiated abuse or neglect.
20 (e) A new section 106a is inserted to read as follows:
21 “Sec. 106a. Interagency coordination.
22 “(a) The DDA shall be the point of entry and lead agency for supports and services for
23 persons with developmental disabilities and their families.
117
Deleted: develop
1 “(b) To ensure coordination, the DDS shall enter into interagency agreements with at a
2 minimum the Department of Employment Services, the Department of Mental Health, the Health
3 Regulation and Licensing Administration, the Department of Health Care Finance, the District of
4 Columbia Public Schools, the District of Columbia Public Charter Schools, the Child and Family
5 Services Administration, the Office of Disability Rights, the Office of the State Superintendent
6 of Education, the Office on Aging, and the Department of Youth Rehabilitation Services.
7 “(c) The interagency agreements required under subsection (b) of this section shall:
8 “(1) Promote interagency service needs assessment and planning;
9 “(2) Promote coordinated service delivery for persons with developmental
10 disabilities and their families;
11 “(3) Clarify the responsibilities for the different agencies providing supports and
12 services to persons with developmental disabilities; and
13 “(4) Enhance the efficiency and effectiveness of expenditure of public funds.
14 “(d) The interagency agreements shall include:
15 “(1) Goals and expected outcomes against which progress will be measured;
16 “(2) Eligible populations;
17 “(3) Covered supports and services;
18 “(4) Procedures for coordination, including designation of a point person at each
19 agency;
20 “(5) Joint monitoring; and
21 “(6) Data and information sharing.
22 “(e) The interagency agreements may provide for the expenditures of appropriated funds
23 to facilitate coordination between the agencies jointly responsible for providing supports and
118
1 services to persons with developmental disabilities. These agreements shall not, however,
2 conflict with the DDA’s primary responsibility to persons with developmental disabilities
3 regardless of whether such persons also have a mental illness or other disability.
4 “(f) The Department of Mental Health (“DMH”) and the DDS shall collaborate in
5 assessing persons dually diagnosed with both a developmental disability and a mental illness and
6 shall jointly provide appropriate supports and services to such persons. The DDS and the DMH
7 shall develop and implement a program that encourages the establishment of sufficient numbers
8 and types of living arrangements as necessary to meet the needs to persons dually diagnosed with
9 both an intellectual and developmental disability and a mental illness.
10 “(g) The authority for the operation of home and community-based waivers for persons
11 with developmental disabilities, including the certification of waiver providers, shall be
12 transferred from the Department on Health Care Finance to the DDS.
13 “(h) The DDS shall participate in the coordination of transition services for students with
14 developmental disabilities enrolled in the District of Columbia Public Schools and District of
15 Columbia Public Charter Schools by:
16 “(1) Providing the parent or guardian with information about supports and
17 services available through the DDS and how to request an eligibility determination;
18 “(2) Ensuring that a representative of the DDS is present at Individual Plan
19 Meetings starting at age 14;
20 “(3) Identifying available post-school services, supports, and programs in the
21 District that will ease the transition from school to adult life in the community;
22 “(4) Providing support coordination to facilitate the transition from school to
23 work or other post-school activities and services; and
119
1 “(5) Making information, resources, and training available to students, families
2 and educators.”.
3 (f) Section 109 is amended to read as follows:
4 “(a) The Director of the DDS, pursuant to subchapter I of Chapter 5 of Title 2, may issue
5 rules as necessary to implement the provisions of this chapter and of the Developmental
6 Disabilities Rights and Services Act of 2008, except that the Mayor shall issue rules to
7 implement the provisions of section 122 of the Developmental Disabilities Rights and Services
8 Act of 2008.
9 “(b) Pursuant to Unit A of Chapter 3 of Title 2, the DDS may execute contracts, grants,
10 and other legally binding documents to implement the provisions of this chapter and of the
11 Developmental Disabilities Rights and Services Act of 2008.”.

Deleted: II
12 TITLE IV. CONFORMING AMENDMENTS.
Deleted: 3
13 Sec. 401. Section 2 of the People First Respectful Language Modernization Act of 2006,
14 effective September 29, 2006 (D.C. Law 16-169; D.C. Official Code § 2-632) is amended as
15 follows:
16 (a) Paragraph (a)(1) is amended to read as follows: “Avoid any use of the following
17 terms, except as required by any law or regulation: “afflicted,” “cripple,” “crippled,” “defective,”
18 “feebleminded,” “handicapped,” “handicap,” “idiot,” “lunatic,” “imbecile,” “insane,” “invalid,”
19 “maimed,” “mental retardation,” “mentally retarded,” “moron,” “retarded,” “suffering,”
20 “wheelchair user,” or “wheelchair bound.”“.
21 (b) A new paragraph (a)(3) is added to read as follows:
22 “(3) Use “intellectual disability” instead of “mental retardation.”“.
23 (c) A new paragraph (a1) is added to read as follows:
120
1 “(a1) On or after the effective date of this act:
2 (1) Where the District used the term “mental retardation”, it shall use the term
3 “intellectual disability”;
4 (2) Where the District used the term “intermediate care facility for persons with
5 mental retardation”, it shall use the term “intermediate care facility for persons with intellectual
6 disability”;
7 (3) Where the District used the term “qualified mental retardation professional”,
8 it shall use the term “qualified intellectual disability professional”; and
9 (4) Where the District used the term “at least moderately mentally retarded” it
10 shall use the term “at least moderate intellectual disability”.
11 Sec. 402. Section 6 of the Office of Administrative Hearings Establishment Act of 2001,
12 effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code § 2-1831.03) is amended by
13 adding a new paragraph (8A) to read as follows: “(8A) Department on Disability Services;”.
Deleted: 3
14 Sec. 403. The Adult Protective Services Act of 1984, effective December 7, 1984 (D.C. Deleted: 2
Deleted: Section 4(a)(1) of the
15 Law 5-156; D.C. Official Code § 7-1901 et seq.) is amended as follows: Deleted: 3(a)(1)
16 (a) Section 2 (D.C. Official Code § 7-1901) is amended as follows:
17 (1) Add a new paragraph (5A) to read as follows: “(5A) “DDA” means the
18 Department on Disability Services, Developmental Disabilities Administration established by §
19 7-761.04.”.
20 (2) Add a new paragraph (7A) to read as follows: “(7A) “DDA employee”
21 means a person who is employed on a full-time, part-time, or contractual basis by the DDA.”.
22 (3) Add a new paragraph (7B) to read as follows: “(7B) “DDA provider
23 employee” means a person who is employed on a full-time, part-time, or contractual basis by an
121
1 individual or entity that: (A) Is duly licensed to provide supports and services provided, funded,
2 regulated or coordinated by the DDA; or (B) Has entered into an agreement with the DDA to
3 provide supports and services.”.
4 (4) Paragraph (8A) is amended by adding a new sentence at the end as follows:
5 “Incapacity shall not be inferred from the fact that an individual has a disability.”
6 (b) Section 4(a)(1) (D.C. Official Code § 7-1903(a)(1)) is amended by striking the phrase
7 “court-appointed mental retardation advocate” and inserting the phrase “DDA employee, DDA
8 provider employee,” in its place.
9 (c) Section 5 (D.C. Official Code § 7-1904) is amended as follows:
10 (1) Subsection (a)(1) is amended by adding the following sentence at the end:
11 “The Mayor shall designate the DDA to investigate reports of alleged abuse, neglect, self-
12 neglect, and exploitation of persons who have been found eligible for DDA supports and services
13 in accordance with this section.”.
14 (2) Subsection (b) is amended by added the following sentence after the second
15 sentence: “If the investigation is being conducted by the DDA pursuant to the Mayor’s
16 designation in subsection (a)(1) of this section, the investigation shall be terminated if the adult
17 allegedly in need of protective services objects to the investigation and it does not manifestly
18 appear that the objection is prompted by fear or intimidation instilled by another; however, if the
19 suspected abuse, neglect, or exploitation is alleged to have been carried out by a DDA employee
20 or a DDA provider employee the investigation shall proceed.”.
21 (d) Section 6(c-1)(1) (D.C. Official Code § 7-1905(c-1)(1)) is amended by adding the
22 following phrase and sentences at the end: “, only after considering alternative forms of
23 providing protective services that encourage maximum self-determination and are least
122
1 restrictive to personal liberty. A petition for appointment of a guardian shall request the form of
2 guardianship that is least restrictive to the incapacitated person in duration and scope, taking into
3 account the incapacitated person’s current mental and adaptive limitations or other conditions
4 warranting the procedure. This subsection does not preclude any other party from petitioning the
5 Court for appointment of a guardian;”.
6 (e) Section 7 (D.C. Official Code § 7-1906) is amended as follows:
7 (1) Subsection (a) is amended by adding the following sentence after the first
8 sentence: “The Mayor shall designate the DDA to make the request to the Attorney General in
9 relation to persons who have been found eligible for DDA supports and services and for whom
10 the DDA has initiated an investigation in accordance with section 5.”.
11 (2) Subsection (d)(3) is amended by added the following phrase at the end: “, in a
12 form that is least restrictive to the incapacitated person in duration and scope, taking into account
13 the incapacitated person’s current mental and adaptive limitations or other conditions warranting
14 the procedure.”.
Deleted: 3
15 Sec. 404. Chapter 20 of Title 21 of the District of Columbia Official Code is amended as Deleted: 3
16 follows:
17 (a) Section 21-2002 is amended by striking the phrase “Chapter 5 of Title 21, or the
18 Mentally Retarded Citizens Constitutional Rights and Dignity Act of 1978, effective November
19 8, 1978 (D.C. Law 2-137; D.C. Code, § 7-1301.01 et seq.)” and inserting the phrase “section 124
20 of the Developmental Disabilities Rights and Services Act of 2008” in its place.
21 (b) Section 21-2011(25A) is amended to read as follows: “(25A) “Substituted
22 judgment” means making a decision that conforms as closely as possible with the expressed
123
1 wishes of the person or with the decision that the person would have made, based upon
2 knowledge of the beliefs, values, and preferences of the person.”.

Deleted: b
3 (c) Section 21-2047(c)(4) is amended by striking the phrase “except that a guardian may
4 function as a petitioner for the commitment consistent with the requirements of Chapter 5 of
5 Title 21 or the Mentally Retarded Citizens Constitutional Rights and Dignity Act of 1978,
6 effective November 8, 1978 (D.C. Law 2-137; D.C. Code § 7-1301.01 et seq.)”.
7 (d) Section 21-2049(a)(3) is amended by striking the phrase “On petition of the ward or
8 any interested person” and inserting the phrase “On petition of the ward, the Department on
9 Disability Services if the ward is receiving services from such agency, or any interested person”
10 in its place.
Deleted: 3
11 Sec. 405. The Incompetent Defendants Criminal Commitment Act of 2004, effective Deleted: 4
12 May 24, 2005 (D.C. Law 15-358; D.C Official Code § 24-531.01 et seq.) is amended as follows:
13 (a) Section 101 (D.C. Official Code § 24-531.01) is amended as follows:
14 (1) Paragraph (6)(C) is amended to read as follows: “(6)(C) Any physically
15 secure or staff-secure intermediate care facility or community residential facility (as defined in
16 D.C. Regulation 74-15, as amended) providing supports and services to persons with intellectual
17 disability, within or without the District, not including a jail, prison, other place of confinement
18 for persons who are awaiting trial or who have been found guilty of a criminal offense, or a
19 hospital for persons with mental illness within the meaning of § 24-501.”.
Deleted: DDA
20 (2) Paragraph (7) is amended to read as follows: “(7) “DDS” means the
Deleted: Developmental Disabilities
Administration of the
21 Department on Disability Services.”.
22 (3) Paragraph (10) is amended as follows:
124
1 (A) Strike the phrase “Mental Retardation and Developmental Disabilities

Deleted: DDA
2 Administration” and insert the word “DDS” in its place.
Deleted: DDA
3 (B) Strike the word “MRDDA” and insert the word “DDS” in its place.
4 (C) Strike the word “habilitation” and insert the phrase “supports and
5 services” in its place.
6 (b) Section 102(d) (D.C. Official Code § 24-531.02(d)) is amended to read as follows:
7 “(d) Nothing in this title shall be construed to prevent the District from petitioning the court for
Deleted: 4
8 involuntary commitment pursuant to section 127 of the Developmental Disabilities Rights and
Deleted: 8
9 Services Act of 2009.”.
10 (c) Section 105(a)(3) (D.C. Official Code § 24-531.05(a)(3)) is amended by striking the
Deleted: DDA
11 word “MRDDA” and inserting the word “DDS” in its place.
12 (d) Section 106(c)(4) (D.C. Official Code § 24-531.06(c)(4)) is amended to read as
13 follows: “(c)(4) If the court finds the defendant is incompetent pursuant to paragraph (1)(B)(ii)
14 of this subsection, the court shall either order the release of the defendant or, where appropriate,
15 enter an order for treatment pursuant to section 105(a) for up to 30 days pending the filing of a
Deleted: 4
16 petition for commitment pursuant to section 127 of the Developmental Disabilities Rights and
Deleted: 8
17 Services Act of 2009. The court also may order treatment pursuant to section 107(a)(2) for such
18 period as is necessary for the completion of the civil commitment proceeding.”.
19 (e) Section 107 is amended as follows:
20 (1) Subsection (a) is amended to read as follows: “(a) Thirty days after the court
21 has ordered extended treatment pursuant to section 106(c)(4), the court shall hold a status
22 hearing to determine whether civil commitment proceedings have been initiated pursuant to D.C.
125
Deleted: 4
1 Official Code § 21-541 or section 127 of the Developmental Disabilities Rights and Services Act
Deleted: 8
2 of 2009.”.
3 (2) Subsection (b)(1) is amended to read as follows: “(b)(1) If the court orders
4 the release of a person in the criminal case or transfer proceeding who has been committed to an
5 inpatient treatment facility, and a petition for civil commitment has been filed pursuant to section
Deleted: 4
6 127 of the Developmental Disabilities Rights and Services Act of 2009, the court shall remand Deleted: 8
7 the person to the inpatient treatment facility and the inpatient treatment facility may detain the
Deleted: 4
8 person pending a hearing on the petition conducted pursuant to section 127 of the Developmental
Deleted: 8
9 Disabilities Rights and Services Act of 2009.”.
10 (3) Subsection (d) is amended to read as follows: “(d) If the court orders the
11 release of a defendant in the criminal case or transfer proceeding who has been committed to an
12 inpatient treatment facility, and a petition for civil commitment has not been filed pursuant to
Deleted: 4
13 D.C. Official Code § 21-541 or section 127 of the Developmental Disabilities Rights and
Deleted: 8
14 Services Act of 2009, the court may stay the defendant’s release for a period not to exceed 48
15 hours and remand the person to Saint Elizabeths Hospital or other inpatient treatment facility for
Deleted: DDA
16 the period of the stay so that the DMH or the DDS, or both, may, where appropriate, file a
Deleted: DDA
17 petition for the defendant’s involuntary commitment to either the DMH or to the DDS, or both.”.
Deleted: 3
18 Sec. 406. Section 3(b) of the State Education Office Establishment Act of 2000, effective Deleted: 5
19 October 21, 2000 (D.C. Law 13-176; D.C. Official Code § 38-2602(3)(b)), is amended by adding
20 a new paragraph (10A) to read as follows: “(10A) Promote coordination between public schools
21 and public charter schools and agencies that provide supports and services for children and youth
22 with disabilities.”.
23 Sec. 407. Subtitle H of the Fiscal Year 2010 Budget Support Act of 2009, passed on 3rd
126
1 reading on July 31, 2009 (2nd engrossed version of Bill 18-203) is deleted in its entirety.
Deleted: I
2 TITLE V. FISCAL IMPACT STATEMENT. Deleted: :
3 The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal
4 impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act,
5 approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)).
Deleted: :
6 TITLE VI. EFFECTIVE DATE.
7 This act shall take effect following approval by the Mayor (or in the event of veto by the
8 Mayor, action by the Council to override the veto), a 30-day period of Congressional review as
9 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
10 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1), and publication in the District of
11 Columbia Register.
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Sec. 105. Comprehensive Developmental Disabilities Services Task Force.
(a) There is established a Comprehensive Developmental Disabilities Services
Task Force (“Task Force”) to develop a comprehensive plan for the District to meet the
current and future community living supports and services needs of residents of all ages
with developmental disabilities and their families in a manner most likely to promote the
findings and achieve the purposes stated in section 102.
(b) The Task Force shall:
(1) Include no more than 15 voting members, of whom one shall also be a
member of the Family Support Council established under section 113, 50% shall be
residents with developmental disabilities, 30% shall be parents and other family members
of residents with developmental disabilities, and 20% shall be representatives of
community groups and experts;
(2) Include non-voting agency directors appointed by the Mayor to represent
agencies that currently or potentially serve residents with developmental disabilities and
their families. The agency directors shall attend all regular Task Force meetings; and
(3) Be co-chaired by the Director of the DDS, a person with a developmental
disability, and a family member of a person with a developmental disabilities. The person
and family member shall be selected by the Task Force members.
(c) The Task Force members shall be appointed by the Mayor with the
advice and consent of the Council. The Mayor shall transmit to the Council, within 30
days of the effective date of this act, proposed resolutions to approve the appointment of
each member of the Task Force for a 30-day period of review, excluding days of Council
recess. If the Council does not approve or disapprove a resolution within a 30-day period,
the resolution shall be deemed approved.
(d) The DDS shall provide staff assistance and support to the Task Force.
(e) The Task Force may sponsor public forums, conduct focus groups, create
committees and take other steps to obtain widespread public input. The Task Force shall
enact rules of procedure or bylaws to guide its operation, which shall include quorum
requirements.
(f) Task Force rules, bylaws, agendas, minutes, meeting transcripts, and reports
shall be made readily available to the public. Task Force meetings shall be subject to the
open meeting provisions of § 1-207.42, except that meetings of a committee established
by the Task Force shall not be subject to the transcript or transcription requirements of §
1-207.42(b).
Sec. 106. Comprehensive Developmental Disabilities Services Plan.
(a) The Comprehensive Developmental Disabilities Services Task Force (“Task
Force”) shall consider the following goals and policy objectives when developing the
Comprehensive Developmental Disabilities Services Plan:
(1) The findings and objectives stated in section 102;
(2) The design, phase in, and delivery of new supports and services to meet the
unmet needs of children, youth, and adults with developmental disabilities who prior to
the effective date of this act were not eligible for DDA services, including persons with
autism, persons with developmental disabilities living with aging parents, and persons
with developmental disabilities that are primarily physical in nature;

(3) The design, phase in, and delivery of new supports and services to meet the
unmet needs of families of children, youth, and adults with developmental disabilities;
and
(4) The strengthening and expansion of supports and services for persons who
were eligible for DDA services prior to the effective date of this act, including persons
who have co-occurring behavioral health needs.
(b) The Comprehensive Developmental Disabilities Services Plan shall include:
(1) A profile of District residents with developmental disabilities and their
families which shall include data on the current and projected prevalence, disability and
demographic characteristics, living arrangements, resources, and unmet needs of such
residents over the next one year, 5 years, 10 years, and 20 years;
(2) A clear and concise description of the successes and challenges faced by the
District in meeting the needs of residents with developmental disabilities and their
families;
(3) Recommendations for how the DDA can best:
(A) During the first 12 months after the effective date of this act, meet the
community living supports and services needs of residents with intellectual disability and
their families;
(B) For the period beginning 12 months through 24 months after the effective
date of this act, expand eligibility and implement new supports and services to meet the
unmet needs of recommended populations of children, youth, and adults with
developmental disabilities; and

(C) Beginning 24 months after the effective date of this act, meet the current and
future community living supports and services needs of residents with the full range of
developmental disabilities and their families;
(4) A comprehensive array of action steps for the District to:
(A) Build the District’s capacity to meet the needs of residents with
developmental disabilities and their families over the next 10 years;
(B) Meet current and future unmet needs for community supports and services in
the most effective, efficient, fair and financially sustainable manner;
(C) Ameliorate and eliminate barriers to supports and services;
(D) Build on strengths that exist in the system while creating systemic
improvements, innovation, coordination, interagency data sharing, and other systemic
reforms;
(E) Continuously identify and integrate best practices into the system as it
evolves; and
(F) Make maximum use of federal funding streams to fund these activities;
(5) Recommendations for how the District can best:
(A) Manage waiting lists for services to assure that persons on waiting lists begin
to receive supports and services at a reasonable pace that is based on a fair, equitable, and
consistent method of adjusting support and service levels based on the intensity and
immediacy of the needs of the person, the person’s family, and other relevant
circumstances affecting the support of the person; and
(B) Administer waiting lists in a transparent manner, subject to the
confidentiality requirements of section 120, that assures that persons and their families
are kept up on date on when they can expect to begin to receive supports and services;
and
(6) Any other information requested by the Mayor or Council.
(c) Each action step identified under subsection (b)(4) shall identify the agencies
responsible for the action step and discuss the commitments that each agency has made.
(d) The Task Force shall issue the following documents:
(1) By 6 months after the effective date of this act, the Task Force shall issue a
draft Comprehensive Developmental Disabilities Services Plan;
(2) By 9 months after the effective date of this act, the Task Force shall present
the final Comprehensive Developmental Disabilities Services Plan to the Mayor and
Council.
(e) The Task Force shall widely disseminate the documents required
under subsection (c) of this section in a variety of accessible and readily understandable
formats. The Task Force shall sponsor public forums and other activities to obtain
comment on the draft plan from District residents with developmental disabilities, their
families, community organizations, providers, and the public.
(f) In accordance with the District of Columbia Administrative Procedure
Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), the
Director of the DDS shall issue regulations and shall take any other actions necessary to
implement the expansions of eligibility, supports, and services recommended by the Task
Force pursuant to subsection (b)(3)(B) for the period of between 12 months and 24
months after the effective date of this act.

(g) By 5 years after the Task Force presents the initial Comprehensive
Developmental Disabilities Services Plan to the Council and Mayor, and in 5 year
increments thereafter, the Mayor shall appoint a task force or request the DDS to update
the Comprehensive Developmental Disabilities Services Plan.
Page 57: [2] Deleted T.J. Sutcliffe 8/13/2009 11:05:00 AM
(c) A person who has been found eligible for supports and services is not
required to use the grievance procedures offered by the DDS and may use other
mechanisms for resolving a grievance, including raising the grievance directly with the
Mayor, the DDS Director, the DHCF, District employees, the ODR, the OHR, a provider,
filing a request for a fair hearing in accordance with federal and District laws,
regulations, and procedures established for fair hearings and appeals for the Medicaid
Program, or by petitioning the Court. Nothing in this act shall be construed to require a
person to exhaust administrative remedies, established in this act or otherwise, prior to
petitioning litigation concerning a person’s rights. However, a person cannot concurrently
use separate mechanisms for resolving a grievance.
(d) A person who has been found eligible for supports and services, the parent of
a minor, the person’s guardian, the person’s advocate, the person’s counsel, the person’s
family member, an employee of a provider, an employee of the DDA, or an interested
person may file a grievance on behalf of the person with the person’s support coordinator
or the DDS.
(e) The parent or guardian of a minor shall exercise the grievance rights provided
under this act and shall make all choices relating to grievances on behalf of the minor.
Page 98: [3] Deleted T.J. Sutcliffe 8/3/2009 3:41:00 PM

Sec. 129. Transition from admission and commitment processes and procedures.
(a) It is the intent of the Council that this section shall provide an orderly
process to transition, by 18 months after the effective date of this act, all persons who
were admitted or committed to a facility pursuant the Mentally Retarded Citizens
Constitutional Rights and Dignity Act of 1978 to the new comprehensive system of
rights, supports and services provided under this act.
(b) For purposes of this section “admission”, “commitment”, and “facility” shall
have the meanings established in the Mentally Retarded Citizens Constitutional Rights
and Dignity Act of 1978, as follows:
(1) “Admission” means the voluntary entrance by an individual who has at least
moderate intellectual disability into an institution or residential facility.
(2) “Commitment” means the placement in a facility, pursuant to a court order, of
an individual who has at least moderate intellectual disability at the request of the
individual’s parent or guardian without the consent of the individual or of an individual
found incompetent in a criminal case at the request of the District; except it shall not
include placement for respite care.
(3) “Facility” means a public or private residence, or part thereof, which is
licensed by the District as a skilled or intermediate care facility or a community
residential facility (as defined in D.C. Regulation 74-15, as amended) and also includes
any supervised group residence for persons with intellectual disability under 18 years of
age. For persons committed, the term "facility" may include a physically secure facility or
a staff-secure facility, within or without the District of Columbia. The term "facility"
does not include a jail, prison, other place of confinement for persons who are awaiting
trial or who have been found guilty of a criminal offense, or a hospital for persons with
mental illness within the meaning of § 24-501.
(c) After the effective date of this act, no person shall be admitted or committed
to a facility pursuant to the admission and commitment processes and procedures
established in titles III and IV of the Mentally Retarded Citizens Constitutional Rights
and Dignity Act of 1978.
(d) For any person who was admitted or committed to a facility pursuant
to the admission processes and procedures established in titles III and IV of the Mentally
Retarded Citizens Constitutional Rights and Dignity Act of 1978, the admission or
commitment shall become void on the effective date of this act; however, persons who
have their admission status or commitment status voided shall retain their substantive and
procedural rights to supports and services under the Mentally Retarded Citizens
Constitutional Rights and Dignity Act of 1978.
(e) No person who was committed to a facility pursuant to the
commitment processes and procedures established in titles III and IV of the Mentally
Retarded Citizens Constitutional Rights and Dignity Act of 1978 shall be denied supports
and services suited to the person’s needs, regardless of the person’s age, or the degree or
type of the person’s disability. The DDA shall provide such a person with supports and
services that will maximize the person’s human abilities, enhance the person’s ability to
cope with the person’s environment, and create a reasonable opportunity for progress
toward the goal of independent living.
(f) After the effective date of this act, a person who was admitted or
committed to a facility pursuant to the admission or commitment processes and

procedures established in titles III and IV of the Mentally Retarded Citizens
Constitutional Rights and Dignity Act of 1978 shall be made known to the Court, unless
the person knowingly rejects Court notification. By 3 months after the effective date of
this act, the DDA shall provide written notification to all such persons of their right to
reject Court notification. Persons found eligible for supports and services under section
107 after the effective date of this act shall be made known to the Court in accordance
with section 108.
(g) For a period not to exceed 18 months after the effective date of this act, a
person who was committed to a facility pursuant to the commitment processes and
procedures established in titles III and IV of the Mentally Retarded Citizens
Constitutional Rights and Dignity Act of 1978 shall be entitled to counsel in accordance
with the Superior Court Rules for Mental Retardation Proceedings, promulgated by the
Court on the 18th day of October of 2005. Such a person may request a hearing with the
Court in accordance with section 118.
(h) By 3 months after the effective date of this act, the Court shall:
(1) Publish a plan for the Court to develop and implement the system of Court-
appointed advocates established under section 108 and to provide counsel and access to
the court in accordance with section 118; and
(2) Establish a work group to advise the Court on the development and
implementation of the plan required under paragraph (1) of this subsection. The work
group shall meet monthly for not less than 18 months after the effective date of this act
and shall consist of between 10 and 20 members including persons with developmental
disabilities, family members, court-appointed advocates, court-appointed attorneys,

representatives of community organizations, and representatives of the Mayor and
Council.
(i) The Court shall publish a written status report on the implementation the plan
required under subsection (h)(1) of this section at 6 months, 9 months, 12 months and 18
months after the effective date of this act.
(j) The Court shall provide copies of the plan required under subsection (h)(1) of
this section and the written status report required under subsection (i) of this section to
the Council, the Mayor, the protection and advocacy agency, and any monitoring entity
established by court order or identified by the DDA.
(k) Nothing in this section shall be construed to void the commitment for a
person who has been 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
DDA by the Court for placement in a facility consistent with the person’s ISP, the
person’s needs, and supervision or security sufficient to prevent the person from causing
injury to others as a result of his or her intellectual disability. After the effective date of
this act, processes and procedures for periodic review of such persons’ commitment,
discharge, and transfer shall be conducted pursuant to section 124.

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1 at the Department on Disability Services, Developmental Disabilities Administration and

3 Sec. 101. Short title.

6 Sec. 102. Findings and purpose.

7 (a) The Council finds that:

16 rights, abilities, and preferences of persons with developmental disabilities;

20 educational, political, and social fabric of their communities;

23 providers, and community members;

13 (1) Fully recognizes the person’s rights, abilities, and preferences;

14 (2) Is rooted in best practices, ongoing innovation, and standards of excellence;

15 (3) Removes universal requirements for admission or commitment to residential

16 services through the Superior Court;

18 development of the ability and potential of each person;

20 family support throughout the life of the person;

21 (6) Adopts an individualized, person-centered approach that is responsive to the

6 (9) Is delivered by a diverse workforce that is well-qualified, highly motivated,

19 in psychiatry and mental health.

23 (A) Identifies challenging or problematic behavior;

3 (C) Identifies strategies to teach or encourage the person to adopt adaptive

4 behavior as an alternative to the challenging or problematic behavior;

5 (D) Considers the potential for environmental or programmatic changes that

6 could have a positive impact on challenging or problematic behaviors; and

7 (E) Addresses the person’s need for additional technological or supervisory

8 assistance to adapt or cope with day to day activities.

11 considered and rejected; and

13 possible to provide for the needs of the person.

17 injury to others as a result of deficits in adaptive functioning associated with intellectual

22 (11) “Complaint” means a description of a person’s dissatisfaction with his or her

2 involving programs, personnel, supports, or services.

3 (12) “Comprehensive screening” means the comprehensive screening conducted in

5 (13) “Court” means the Superior Court of the District of Columbia.

6 (14) “Crime of violence” has the same meaning as in § 23-1331(4).

7 (15) “Criminal background check” means the investigation of an individual’s criminal

10 (16) “DCPS” means the District of Columbia Public Schools.

16 (19) “Developmental Disabilities State Planning Council” means the District of

18 7, issued on January 21, 1998 (45 DCR 882).

21 (1) Is attributable to a physical or mental impairment, other than the sole

22 diagnosis of mental illness, or to a combination of mental and physical impairments;

23 (2) Is manifested before the person attains the age of 22;

1 (3) Is likely to continue indefinitely;

2 (4) Results in substantial functional limitations in 3 or more of the

3 following areas of major life activity:

5 (ii) Receptive and expressive language;

9 (vi) Capacity for independent living; and

10 (vii) Economic self-sufficiency; and

12 interdisciplinary, or generic services, individualized supports, or other forms of assistance that

15 delay or specific congenital or acquired condition, may be considered to have a developmental

18 probability of meeting those criteria later in life.

22 District’s Medical Assistance Program.

23 (22) “DHS” means the Department of Human Services.

3 14-56; D.C. Official Code § 7-1131.01 et seq.).

6 Manual of Mental Disorders.

8 the Diagnostic and Statistical Manual of Mental Disorders.

19 (1) Is related by blood, marriage, domestic partnership, adoption, or legal

21 (2) Considers themselves a family based upon bonds of affection, which,

4 family home or to maintain family unity.

7 “Forest Haven” by § 44-1402.

13 Diseases Code Manual.

3 Law 15-353; D.C. Official Code § 7-863.03).

9 Stat. 343; 42 U.S.C. § 1396 et seq.).

15 exceptions co-occur with another diagnosable mental illness.

17 an emancipated minor or who is married.

19 interact with persons without disabilities to the fullest extent possible.