D.C. Code § 7-1301.02

Current through codified legislation effective April 10, 2024
Section 7-1301.02 - Statement of purpose
(a) It is the intent of the Council of the District of Columbia to:
(1) Assure that residents of the District of Columbia with intellectual disabilities shall have all the civil and legal rights enjoyed by all other citizens of the District of Columbia and the United States;
(2) Secure for each resident of the District of Columbia with intellectual disabilities, regardless of ability to pay, such habilitation as will be suited to the needs of the person, and to assure that such habilitation is skillfully and humanely provided with full respect for the person's dignity and personal integrity and in a setting least restrictive of personal liberty;
(3) Encourage and promote the development of the ability and potential of each person with intellectual disabilities in the District to the fullest possible extent, no matter how severe his or her degree of disability;
(4) Promote the economic security, standard of living and meaningful employment of persons with intellectual disabilities;
(5) Maximize the assimilation of persons with intellectual disabilities into the ordinary life of the community in which they live; and
(6) Provide a mechanism for the identification of persons with intellectual disabilities at the earliest age possible.
(b) To accomplish these purposes, the Council of the District of Columbia finds and declares that the design and delivery of care and habilitation services for persons with intellectual disabilities shall be directed by the principles of normalization, and therefore:
(1) Community-based services and residential facilities that are least restrictive to the personal liberty of the person shall be established for persons with intellectual disabilities at each stage of life development;
(2) The use of institutionalization shall be abated to the greatest extent possible;
(3) Whenever care in an institution or residential facility is required, it shall be in the least restrictive setting; and
(4) Persons placed in institutions shall be transferred to community or home environments whenever possible, consistent with professional diagnoses and recommendations.

D.C. Code § 7-1301.02

Mar. 3, 1979, D.C. Law 2-137, § 102, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(a), 42 DCR 3684; Apr. 24, 2007, D.C. Law 16-305, § 26(a), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 17(c), 59 DCR 5567; May 5, 2018, D.C. Law 22-93, § 201(a), 65 DCR 2823.

Section 3002 of D.C. Law 13-172 provided: "The Department of Human Services and the Department of Health shall coordinate the full implementation of the Medicaid Home and Community Based Waiver and abolish the Community Residential Facilities for the Mentally Retarded and Developmentally Disabled ( ~MRDD') level of care and convert all MRDD clients previously served by Community Residential Facilities ( ~CRF') for the Mentally Retarded and Developmentally Disabled to the Home and Community Based Waiver. The Mayor shall submit quarterly reports to the Council detailing the progress of the implementation of the Medicaid Home and Community Based Waiver."

Section 17(a) of D.C. Law 19-169 renamed D.C. Law 2-137 as the "Citizens with Intellectual Disabilities Constitutional Rights and Dignity Act of 1978."

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

Applicability

Section 401 of D.C. Law 22-93 provided that the amendments made to this section by Law 22-93 shall apply 90 days after May 5, 2018.