2018 District of Columbia Code
Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title]
Chapter 11 - Commitment and Maintenance of Persons with Moderate Intellectual Disabilities.
§ 21–1114. Proceeding when child brought before Family Division appears to have at least a moderate intellectual disability.

Universal Citation: DC Code § 21–1114 (2018)

When a child is brought before the Family Division of the Superior Court upon allegations that he is delinquent, neglected, or in need of supervision, and it appears to the court, on the testimony of a physician or psychologist or other evidence, that the child has at least a moderate intellectual ability as defined in the Citizens with Intellectual Disabilities Constitutional Rights and Dignity Act of 1978 (D.C. Official Code, § 7-1301.01 et seq.), the court may adjourn the proceedings, other than proceedings on a motion to transfer pursuant to section 16-2307 , and direct the child’s parent or a guardian appointed by the court to file a petition under that act. The court may order that, pending the preparation, filing, and hearing of the petition, the child be detained in a place of safety, or be placed under the guardianship of a suitable person, if that person enters into a recognizance for his appearance.

(Sept. 14, 1965, 79 Stat. 771, Pub. L. 89-183, § 1; July 29, 1970, 84 Stat. 568, Pub. L. 91-358, title I, § 150(g)(7); Oct. 22, 1970, 84 Stat. 1087, Pub. L. 91-490, § 2(a)(1), (12); Mar. 3, 1979, D.C. Law 2-137, § 604(a)(2), 25 DCR 5094; Mar. 24, 1998, D.C. Law 12-81, § 14(n), 45 DCR 745; Apr. 24, 2007, D.C. Law 16-305, § 35(b)(2), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 21(e)(8), 59 DCR 5567.)

Prior Codifications

1981 Ed., § 21-1114.

1973 Ed., § 21-1114.

Effect of Amendments

D.C. Law 16-305, in the section name line, substituted “Proceeding when child brought before Family Division appears to have at least moderate mental retardation” for “Proceeding when child brought before Family Division appears at least moderately mentally retarded”.

The 2012 amendment by D.C. Law 19-169 substituted “intellectual disability” for “mental retardation” in the section heading; in the first sentence, substituted “child has at least a moderate intellectual disability” for “child is at least moderately mentally retarded” and “Citizens with Intellectual Disabilities” for “Mentally Retarded Citizens.”

Editor's Notes

Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.

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