(a) If a petition filed in accordance with § 7-1304.01 is not accompanied by a comprehensive evaluation report based on an evaluation which has been performed within 6 months prior to the hearing and an individual habilitation plan which has been prepared within 30 days of the filing of the petition, the Court shall immediately order that a comprehensive evaluation be conducted and an individual habilitation plan be written.

(b) A written report setting forth the results of the comprehensive evaluation and a copy of the habilitation plan shall be submitted to the Court. The report shall indicate:

(1) Whether or to what degree the person has an intellectual disability;

(2) What habilitation is needed; and

(3) The record of habilitation and care, if any.

(c) The individual habilitation plan shall contain the following:

(1) A statement of the nature of the specific strengths, limitations and specific needs of the person who is the subject of the plan;

(2) A description of intermediate and long-range habilitation goals with a projected timetable for their attainment;

(3) A statement of, and an explanation for, the plan of habilitation designed to achieve these intermediate and long-range goals;

(4) A statement of the objective criteria, and an evaluation procedure and schedule for determining whether the goals are being achieved;

(5) A statement of the least restrictive setting for habilitation necessary to achieve the habilitation goals; and

(6) Criteria for release to less restrictive settings for habilitation and living.

(d) A copy of the report and the plan shall be provided to the person and his or her counsel, at least 10 days prior to the hearing. If the petition was accompanied by a comprehensive evaluation and plan, copies of the report and plan shall be provided to the person and his or her counsel within 3 days of the filing of the petition.

(Mar. 3, 1979, D.C. Law 2-137, § 403, 25 DCR 5094; Apr. 24, 2007, D.C. Law 16-305, § 26(k), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 17(t), 59 DCR 5567; May 5, 2018, D.C. Law 22-93, § 201(c)(19), 65 DCR 2823.)

1981 Ed., § 6-1943.

1973 Ed., § 6-1670.

This section is referenced in § 7-1303.04, § 7-1303.06, § 7-1304.06a, § 7-1305.04, and § 21-2041.

D.C. Law 16-305 substituted “has mental retardation” for “is mentally retarded”.

The 2012 amendment by D.C. Law 19-169 substituted “an intellectual disability” for “mental retardation” in (b)(1).

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