D.C. Super. Ct. Habilitation R. 7

(a) ANNUAL REVIEW HEARING UNDER D.C. CODE § 7-1304.11(a). A court decision

ordering commitment of a person with an intellectual disability must be reviewed in a

court hearing annually as follows:

(1) As Scheduled by Court Order. The annual review of a respondent’s commitment

under D.C. Code § 7-1304.11(a) must be scheduled by the court.

(2) By Motion. A review of a respondent’s commitment status other than a review

under Rule 7(a)(1) may be commenced by filing a motion for review, or by the court on

its own motion ordering the scheduling of a hearing.

(3) Notice. The court must send notice of the hearing date under Rules 7(a)(1) and (2)

to:

(A) the respondent;

(B) the respondent’s guardian, if any, or substitute decision maker;

(C) the respondent’s attorney;

(D) the respondent’s advocate, if any;

(E) the attorney representing the District of Columbia Department on Disability

Services; and

(F) any other person who has been given permission to receive notice from the

court.

(b) ANNUAL MEETINGS.

(1) Individual Habilitation Plan Meeting. The Department must annually convene an

individual habilitation plan meeting with each respondent to create the person’s annual

individual habilitation plan.

(2) Interdisciplinary Team Meeting. Either at the annual individual habilitation plan

meeting or at a separate meeting, the Department must annually convene an

interdisciplinary meeting with each respondent to assess whether the respondent

wishes to continue or refuse commitment. The interdisciplinary team must:

(A) assess the respondent’s capacity to provide informed consent to continue

commitment under D.C. Code § 7-1304.11(a)(1)(E); and

(B) if the respondent lacks capacity to provide informed consent, identify individuals

under D.C. Code § 7-1304.11(a)(2) who are reasonably available, mentally capable,

and willing to consent to or refuse continued voluntary commitment on behalf of the

respondent based:

(i) on the respondent’s expressed wishes; or

(ii) if the respondent’s wishes are unknown and cannot be ascertained, on a good

faith belief as to the respondent’s best interests.

(c) REQUIRED FILINGS AND OTHER DOCUMENTS.

(1) Individual Habilitation Plan. The Department must file the individual habilitation

plan no later than 30 days after the annual habilitation plan meeting. The plan must

have been prepared no earlier than one year before the annual review hearing.

(2) Respondent’s Report to the Court on Informed Consent for Voluntary

Commitment. At least 60 days before the annual review hearing, respondent’s counsel

must file and serve on all parties a Report to the Court on Informed Consent for

Voluntary Commitment on the form maintained by the Family Court Central Intake

Center, or on a form that is substantially similar in content and format, and report on the

results of the interdisciplinary team meeting.

(3) Substitute Decision Maker’s Report to the Court on Informed Consent for

Voluntary Commitment. At least 30 days before the annual review hearing, all

individuals identified under D.C. Code § 7-1304.11(a)(2) in the respondent’s Report to

the Court on Informed Consent for Voluntary Commitment who wish to be considered

reasonably available, mentally capable, and willing to consent to or refuse continued

voluntary commitment on behalf of the respondent must file and serve all parties with a

Substitute Decision Maker’s Report Regarding Continued Voluntary Commitment on the

form maintained by the Family Court Central Intake Center, or on a form that is

substantially similar in content and format.

(4) Challenge to Substitute Decision Maker’s Report. At least 15 days before the

respondent’s annual review hearing, any individual must file with the court a Challenge

to the Substitute Decision Maker’s Report Regarding Continued Voluntary Commitment

stating the factual basis for challenging the stated decision of an individual with a higher

order of priority on whether the respondent consents to or refuses voluntary

commitment. The challenge must be filed on the form maintained by the Family Court

Central Intake Center, or on a form that is substantially similar in content and format.

(5) Other Documentation. The court may order the preparation and filing of other

documentation necessary to render its decision in connection with the review hearing.

(d) NOTICE REQUIREMENTS REGARDING INFORMED CONSENT OR THE

REFUSAL TO CONSENT. No later than 7 days after receipt of the respondent’s Report

to the Court on Informed Consent for Voluntary Commitment, the clerk must send, by

first-class mail, to each individual identified in that report, a notice that includes the

following:

(1) the date and time of the annual review hearing;

(2) a statement indicating that at least 30 days before the annual review hearing all

individuals identified under D.C. Code § 7-1304.11(a)(2) in the respondent’s Report to

the Court on Informed Consent for Voluntary Commitment must indicate to the court

whether the individual is reasonably available, mentally capable, and willing to consent

to or refuse continued voluntary commitment on behalf of the respondent, as well as the

decision the individual would make on behalf of the respondent;

(3) a statement indicating that no less than 15 days before the respondent’s annual

review hearing, any individual with a lower order of priority as listed in D.C. Code § 7-

1304.11(a)(2) who has been provided notice may prepare and file with the court a

Challenge to the Substitute Decision Maker’s Report Regarding Continued Voluntary

Commitment under Rule 7(c)(3) stating the factual basis for challenging the stated

decision of an individual with a higher order of priority on whether the respondent

consents to or refuses voluntary commitment;

(4) a statement indicating that if any individual with a lower order of priority as listed

D.C. Code § 7-1304.11(a)(2) files a challenge under Rule 7(c)(3) challenging the stated

decision of an individual with a higher order of priority, the individual should be prepared

to present the position at the date and time of the annual review hearing; and

(5) instructions for filing a Substitute Decision Maker’s Report Regarding Continued

Voluntary Commitment form and a Challenge to Continued Voluntary Commitment form.

(e) EVIDENTIARY HEARINGS REGARDING CAPACITY TO CONSENT OR REFUSE

CONSENT.

(1) Scheduling. The magistrate judge presiding over the habilitation proceedings

calendar will schedule and provide notice of any evidentiary hearings if necessary to

resolve factual issues related to the respondent’s capacity to give informed consent to

continue commitment and, to the extent the respondent lacks capacity, any decision-making by an individual authorized to consent or refuse on the respondent’s behalf. To

the greatest extent possible, such hearings will be held before the annual review

hearing. However, if any individual with a lower order of priority challenges the stated

decision of an individual with a higher order of priority, an evidentiary hearing will be

held at the time scheduled for the annual review hearing.

(2) Written Order. To the extent the magistrate judge resolves factual issues related to

the respondent’s capacity to give informed consent to continue commitment and, to the

extent the respondent lacks capacity, any decision-making by an individual authorized

to consent or refuse on the respondent’s behalf before the annual review hearing, such

findings must be issued in a written order no less than 10 days before the annual review

hearing.

(f) STANDARD FOR TERMINATION OF COMMITMENT. The court must terminate the

respondent’s commitment under D.C. Code § 7-1304.11(a)(1) unless it finds that:

(1) the respondent has benefited from the habilitation;

(2) continued residential habilitation is necessary for the respondent’s habilitation

program;

(3) the respondent is a resident of the District of Columbia;

(4) the court determines beyond a reasonable doubt that:

(A) based on a comprehensive evaluation of the person performed within one year

before the hearing, the respondent has at least a moderate intellectual disability and

requires habilitation; and

(B) the Department is capable of providing the required habilitation; and

(5) the respondent, or an individual authorized under D.C. Code § 7-1304.11(a)(2),

provides informed consent to continue the respondent’s commitment.