§ 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 or developmental 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 or developmental 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 or developmental 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 or developmental disabilities;

(5) Maximize the assimilation of persons with intellectual or developmental disabilities into the ordinary life of the community in which they live; and

(6) Provide a mechanism for the identification of persons with intellectual or developmental 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 or developmental 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 or developmental 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.

(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; May 18, 2022, D.C. Law 24-117, § 3(a)(1), 69 DCR 002653.)

Prior Codifications

1981 Ed., § 6-1901.

1973 Ed., § 6-1651.

Effect of Amendments

D.C. Law 16-305, in subsec. (a)(3), substituted “person with mental retardation” for “mentally retarded person”; and substituted “persons with mental retardation” for “mentally retarded persons” throughout the section.

The 2012 amendment by D.C. Law 19-169 substituted “persons with intellectual disabilities” for “mentally retarded persons” in the long title; substituted “Citizens with Intellectual Disabilities” for “Mentally Retarded Citizens” in the short title; substituted “intellectual disabilities” for “mental retardation” in (a)(1), (a)(2), and (a)(4); and substituted “an intellectual disability” for “mental retardation” in (a)(3).

Applicability

Section 7139 of D.C. Law 24-167 amended section 4 of D.C. Law 24-117 removing the applicability provision impacting this section. Therefore the amendment of this section by section 3(a)(1) of Law 24-117 has been implemented.

Applicability of D.C. Law 24-117: § 4 of D.C. Law 24-117 provided that the change made to this section by § 3(a)(1) of D.C. Law 24-117 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

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.

Emergency Legislation

For temporary amendment of section, see § 505(a) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197).

For temporary (90-day) provisions directing implementation of Medicaid waiver conversion, see § 3002 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see § 3002 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

Temporary Legislation

For temporary (225 day) amendment of section, see § 505(a) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).

Editor's Notes

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.

Mayor's Orders

Establishment—D.C. Mental Retardation and Developmental Disabilities Administration (MRDDA) Fatality Review Committee, see Mayor’s Order 2001-27, February 14, 2001 ( 48 DCR 2180).

Delegation of Authority

Delegation of Authority to the Administration of the Mental Retardation and Developmental Disabilities Administration and Requirements for Inter-Agency Cooperation, see Mayor’s Order 2006-101, July 26, 2006 ( 53 DCR 6393).