Developmental Disabilities

Reform Act
Draft 2

Section-
Section-By-
By-Section Summary of Changes from
Draft 1

August 27, 2009

 Developmental Disabilities Reform Act
Draft 2, August 2009

Section-
Section-By-
By-Section Summary of Changes from
Draft 1
Table of Contents
Contents

TITLE I: Developmental Disabilities Rights and

Services Act ............................................................. 9
Sec. 102. Findings and purpose. ........................... 9
Sec. 103. Definitions........................................... 10
Sec. 104. Rights .................................................. 16
Sec. 105. Rights of persons formerly committed
and former Forest Haven residents. ..................... 19
Sec. 106. Eligibility ............................................ 20
Sec. 107. Advocate program............................... 22
Sec. 108. Legal services program. ...................... 26
Sec. 109. Support and service planning. ............. 30
Sec. 110. Support coordination........................... 33
Sec. 111. Supports and services.......................... 35
Sec. 112. Family supports................................... 37
Sec. 113. Family Support Council. ..................... 38
Sec. 114. Waiting lists. ....................................... 40
Sec. 115. Capacity and decision-making supports;
health-care decisions............................................ 43
Page 2 of 107
Sec. 116. Independent panel for administration of
psychotropic medications. ................................... 44
Sec. 117. Complaints; requests for fair hearings. 46
Sec. 118. Internal problem resolution system;
appeals of ineligibility. ........................................ 47
Sec. 119. Petition for review of agency action
under this act........................................................ 49
Sec. 120. Initiation of action to compel rights; civil
remedy; sovereign immunity barred; defense to
action; payment of expenses. ............................... 52
Sec. 121. Deprivation of civil rights; liability;
immunity; exceptions........................................... 53
Sec. 122. Records................................................ 54
Sec. 123. Quality standards and monitoring. ...... 56
Sec. 124. Reporting and investigation of abuse,
neglect and exploitation. ...................................... 58
Sec. 125. Checks of criminal background, abuse
and neglect registries, and traffic record.............. 61
Sec. 126. Registry of former employees terminated
because of substantiated acts of abuse or neglect
and convictions. ................................................... 63
Sec. 127. Services for persons found incompetent
in a criminal case. ................................................ 64
Sec. 128. Court-appointed advocates for persons
found incompetent in a criminal case. ................. 66

Page 3 of 107
 Sec. 129. Legislative review and reporting......... 68
Sec. 130. Plain language required; plans and
reports to be made available to the public. .......... 70
Sec. 132. Comprehensive Developmental
Disabilities Services Task Force.......................... 71
Sec. 133. Comprehensive Developmental
Disabilities Services Plan..................................... 74

TITLE II. Transition from Admission and

Commitment. ......................................................... 76
Sec. 204. Transition period. ................................ 79
Sec. 205. New admission and commitment
prohibited during transition period. ..................... 80
Sec. 206. Preparation for completion of transition
period. .................................................................. 81
Sec. 207. Completion of transition period. ......... 83
Sec. 208. Rights during transition period............ 86
Sec. 209. Support planning during transition
period. .................................................................. 88
Sec. 210. Transfer during transition period. ....... 89
Sec. 211. Request for termination of commitment
during transition period........................................ 90
Sec. 212. Annual hearing during transition period.
............................................................................. 92

Page 4 of 107
 Sec. 213. Hearing procedures during transition
period. .................................................................. 94
Sec. 214. Court-appointed advocates during
transition period. .................................................. 96
Sec. 215. Transfer of functions upon completion of
transition period. .................................................. 98

TITLE III. Amendments to the Department on

Disability Services Establishment Act of 2006.... 100

TITLE IV. Conforming Amendments ................ 102

General Changes .................................................. 106

Page 5 of 107
 Developmental Disabilities Reform Act
Draft 2, August 2009

Section-
Section-By-
By-Section Summary of Changes from
Draft 1

On December 18, 2008 the Department on Disability

Services, Management Advisory Committee (DDS
MAC) Legislative Committee released a first draft
of legislation to modernize the District of
Columbia’s laws governing supports and services
for residents with developmental disabilities and
their families. Background on the draft DDRA and
various meetings to develop the draft is available at
http://dc-ddleg.blogspot.com.

From January to July 2009 the DDS MAC

Legislative Committee hosted a series of meetings to
inform residents of Draft 1 of the Developmental
Disabilities Reform Act (DDRA) and to gather
feedback to help improve the draft bill. Meetings
included:

A kick-off Saturday town hall meeting in

January;
Page 6 of 107

Two meetings with attorneys who represent
people with intellectual disability at the Superior
Court;

Two Saturday meetings for families in March and
May;

Over a dozen presentations and meetings with
community stakeholders including self-advocacy
groups, family support groups, provider agencies,
and other professionals; and

Eleven meetings – open to all – for residents and
stakeholders to review and revise the draft DDRA
on a weekly basis from April to July.

Written feedback was also submitted by a number of

individuals and groups.

The 11 DDRA Review and Revision Meetings

served as the main place for community members to
come together and review the draft DDRA on a
section-by-section basis. At each meeting,
participants made suggestions, reviewed comments
that had been previously submitted on the each
section, and discussed and decided on changes to the
draft.

Page 7 of 107
Draft 2 of the DDRA incorporates the changes
decided on at the 11 DDRA Review and Revision
Meetings, as well as additional community feedback.

This document summarizes all substantive (non-

technical) changes to the draft DDRA made to the
original version released on December 18, 2008.
Changes are organized by section.

Visit the DDRA Blog at http://dc-

ddleg.blogspot.com to:

Download a copy of Draft 2 of the DDRA;

Get more detail on the reasons for key changes by
downloading notes for the 11 DDRA Review and
Revision Meetings; and

View all changes to Draft 2 by downloading the
“Track Changes” version of Draft 2.

Page 8 of 107
 DDRA Changes from Draft
Draft 1
August 27, 2009

TITLE I: Developmental Disabilities Rights and

Services Act

Sec. 102. Findings and purpose.

purpose.

Removed language about transition and

references to court-appointed advocates and
attorneys.
Sec. 103. Definitions.
Definitions.

Abuse

Added a definition to have the same meaning as

in the District’s Adult Protective Services law
(D.C. Official Code § 7-1901).

Complaint

Added a definition to replace the former

definition of “grievance.” Clarified that a
complaint includes dissatisfaction with a delay
in supports and services.

Developmental Disabilities State Planning Council

Added a definition based on the citation used in

the People First Respectful Language
Modernization Act of 2006 (D.C. Official Code
§ 2-633).

DMH

Page 10 of 107
 Added a definition of DMH (Department of
Mental Health).

Exploitation

Added a definition to have the same meaning as

in the District’s Adult Protective Services law
(D.C. Official Code § 7-1901).

Family

Clarified that family relationships do not

“solely” depend on economic relationships.

Forest Haven

Added a definition based on the citation used in

D.C. Official Code § 21-1101.

Grievance

Removed definition of “grievance.” A new

definition of “complaint” replaces the definition
of “grievance.”

Page 11 of 107
Informed consent

Deleted the definition of informed consent as the

term is no longer used in the draft DDRA
(following changes to Section 115.)

Page 12 of 107
Interagency Coordinating Council

Added a definition to mean the same as in the

Early Intervention Program Establishment Act
of 2004 (D.C. Official Code § 7-863.03).

Neglect

Added a definition to have the same meaning as

in the District’s Adult Protective Services law
(D.C. Official Code § 7-1901).

Person

Removed the definition of “person” because the

original definition caused confusion.

Physical restraint

Added a definition based on the District’s

mental health law (D.C. Official Code § 7-
1231.02(20)).

Prone restraint

Page 13 of 107
 Added a definition.

Respite

Removed the requirement that respite services

be “overnight.”

Restrictive procedure

Added a definition based on 55 Pa. Code §

6500.161.

State Advisory Panel on Special Education

Added a definition based on Mayor’s Order

2007-246.

Substituted judgment

Included the “expressed wishes” of the person in

the definition of substituted judgment.

Supports and services

Page 14 of 107
 Added a statement paralleling the discussion of
persons’ right to receive supports and services in
the least restrictive, most inclusive and most
integrated setting which clarifies that supports
and services shall help persons “achieve the
most independent, productive, and typical lives
possible.”

Support coordinator

Added a definition to increase clarity of the term

in later sections.

UCEDD

Added a definition for the University Center for

Excellence in Developmental Disabilities
Education, Research and Service created under
the federal Developmental Disabilities
Assistance and Bill of Rights Act.

Page 15 of 107
Sec. 104. Rights

1. Added a right to freedom from abuse, neglect

and exploitation including sexual, physical and
mental abuse. Sec. 104(b)(3)

Related change to “Definitions” section:

Abuse, neglect and exploitation are defined in §
7-1901 (Adult Protective Services). Added these
definitions to the draft DDRA, as having the
“same meaning” as in § 7-1901.

2. Added a right to receive information in an

accessible manner and to voice complaints,
concerns and suggestions without interference or
fear of reprisal. This provision restates (c)(3)
and (c)(4) to affirm these provisions as rights of
the person, not just requirements placed on
agencies / providers. Sec. 104(b)(6) and Sec.
104(b)(7)

3. Added a right to access one’s own records. Sec.

104(b)(8)

Page 16 of 107
4. Clarified that Sec. 104(c) describes the rights of
people within the Developmental Disabilities
Administration (DDA) service system.

5. Added a requirement for agencies to provide

training for staff on rights. Sec. 104(c)(6)

Note: Reworked the initial requirement on staff

to become a requirement of providers.

6. Removed “(d) The rights provided under

subsections (a), (b), and (c) of this section shall
be exercised on behalf of a minor by the minor’s
parent or guardian.” With the addition of the
right to be free from abuse, neglect and
exploitation, the right to receive information in
an accessible manner, and the right to voice
concerns without fear of reprisal, this statement
is no longer appropriate.

7. Changed the provisions on movement from a

less to more restrictive setting to become a
requirement for DDA to notify a person before
any service change and to provide information
on how a person might challenge the change (as

Page 17 of 107
 described in more detail in the grievances
section). Included a provision for exigent
situations. Sec. 104(e)

8. In response to multiple concerns regarding the

need to define “restricted procedures,” and
confusion over procedures used for
“convenience,” and “standing orders,” the
following changes were made:

1. Added a definition of “restrictive procedure”

to the Definitions section.
2. Created a new subsection (f) which prohibits
a list of procedures, including any procedure
to control behavior which is not part of a
behavior support plan and any procedure
used “solely for the convenience of staff.”

Page 18 of 107
Sec. 105
105. Rights of persons formerly committed
and former Forest Haven residents.

1. Created a new section to clarify the right of

persons formerly committed under D.C. Law 2-
137 and of all Evans class members to receive
services.

Page 19 of 107
Sec. 106.
106. Eligibility

1. Removed identification of whether the person

“has the capacity to grant, refuse or withdraw
consent to any ongoing medical treatment” as
this provision may unnecessarily call into
question a person’s capacity. Sec. 106(e)

2. Restructured Sec. 106(g) slightly for greater

clarity regarding notices.

3. Deleted the discussion of the reasons a person

might appeal a determination of ineligibility
(page 26, lines 13 to 16). Instead, the draft states
that a determination of ineligibility can be
appealed. Sec. 106(i)(1)

4. Clarified that if a person asks for a second

comprehensive screening, the comprehensive
screening process will be conducted by a
different professional than the one who
conducted the initial process. Sec. 106(i)(1)

5. Clarified that seeking third-party payment for

any assessments needed to complete an

Page 20 of 107
eligibility determination should not delay the
determination. Sec. 106(j)

Page 21 of 107
Sec. 107.
107. Advocate program

This section originally outlined an advocate program

operated by the Superior Court, but has been revised
significantly to create an advocate program operated
by one or more community-based agencies. Key
elements include:

1. The section creates an advocate program

operated by one or more community-based
nonprofits to provide advocates to people with
developmental disabilities who have been found
eligible for DDA services. Sec. 107(a)

2. The program is funded by the District but

operated by one or more outside organizations
through a competitively-awarded grant or
contract. The grant or contract may not be with
an organization that provides direct services. The
review panel awarding the grant or contract must
include 2 or more persons with developmental
disabilities, family members, or community-
based organization representatives. Sec. 107(b)

Page 22 of 107
3. The advocate program serves adults age of 18 or
older. Children should have a parent, guardian,
or foster parent, and some children may also
have advocates through the CASA (Court-
Appointed Special Advocates) program. Sec.
107(c)

4. Advocates can be paid or volunteer. All

advocates must complete a pre-employment
screening, a criminal background check, and a
training course. Sec. 107(c)

5. The advocate program must engage in outreach

to let people know about its services. Sec. 107(c)

6. Initial funding for the advocate program will be

$500,000. Funds are to increase after the first
year. Sec. 107(p) However, the advocate
program can set annual priorities for services. A
draft Statement of Annual Priorities and
Objectives must be widely disseminated for
public comment by August 15 of each year. This
is modeled after regulations for the federal
protection and advocacy program under the

Page 23 of 107
 Developmental Disabilities Assistance and Bill
of Rights Act at 45 C.F.R. § 1386.23. Sec. 107(n)

7. Within 5 business days after DDA finds a person

eligible for DDA services, DDA will notify the
advocate program. The advocate program will
meet with the person within 10 business days,
and will determine if the person wants an
advocate and meets the criteria in the Statement
of Annual Priorities and Objectives within 20
business days. Sec. 107 (d) and (e)

8. If a person wants an advocate and meets the

criteria in the Statement of Annual Priorities and
Objectives, the advocate program will assign an
advocate right away. An advocate may be
appointed to serve on an indefinite basis, or for a
particular period of time or course of action. Sec.
107(f)

9. If a person does not want an advocate or does not

meet the criteria, the advocate program can
provide information and referral to other
advocacy programs, to legal services, and to
service providers. Sec. 107(g)

Page 24 of 107
10. A person can choose not to have an advocate
at any time. A person can also ask for a different
advocate and will be assigned a new advocate
unless the program can show that the requested
change would cause significant difficulty or
expense. Sec. 107(h) and (i)

11. The duties of an advocate are based on those

under D.C. Law 2-137. Sec. 107(j) and (k)

12. An advocate is prohibited from sharing any

confidential information or records about a
person. Sec. 107(l)

Page 25 of 107
Sec. 10
108. Legal services program.

This section is new. It creates legal services program

operated by one or more community-based agencies.
Key elements include:

1. The section creates a legal services program

operated by one or more community-based
nonprofits to provide attorneys to adults age 18
or older with developmental disabilities who
have been found eligible for DDA services. Sec.
108(a)

2. The program is funded by the District but

operated by one or more outside organizations
through a competitively-awarded grant or
contract. The grant or contract may not be with
an organization that provides direct services. The
review panel awarding the grant or contract must
include 2 or more persons with developmental
disabilities, family members, or community-
based organization representatives. Sec. 108(b)

3. Initial funding for the legal services program will

be $500,000, and funds are to increase after the

Page 26 of 107
 first year. Sec. 108(k) However, the legal
services program can set annual priorities for
services. A draft Statement of Annual Priorities
and Objectives must be widely disseminated for
public comment by August 15 of each year. This
is modeled after regulations for the federal
protection and advocacy program under the
Developmental Disabilities Assistance and Bill
of Rights Act at 45 C.F.R. § 1386.23. Sec. 108(i)
and (j)

4. Within 5 business days after DDA finds a person

eligible for DDA services, DDA will notify the
legal services program. The legal services
program will meet with the person within 10
business days, and will determine if the person
wants an attorney and meets the criteria in the
Statement of Annual Priorities and Objectives
within 20 business days. Sec. 108(c)

5. If a person wants an attorney and meets the

criteria in the Statement of Annual Priorities and
Objectives, the legal services program will
assign an attorney right away. Sec. 108(d)

Page 27 of 107
6. If a person does not want an attorney or does not
meet the criteria, the legal services program can
provide information and referral to another legal
services program, to an advocacy program, and
to service providers. Sec. 108(e)

7. An attorney cannot be precluded from

representing the person in any proceeding under
this act including a proceeding before the Office
of Administrative Hearings, the District of
Columbia Courts, and the federal courts.
However, the attorney shall not be used in lieu of
counsel appointed under the Criminal Justice Act
(§ 11-2601 et seq.). Sec. 108(f)

8. Unless a person objects, his or her attorney has

the right to participate in meetings and access
records and providers relating to the person. Sec.
108(g)

9. The legal services program may employ

attorneys on a full-time, part-time, temporary or
contractual basis. Attorneys are paid hourly at a
rate that does not exceed the rate under the

Page 28 of 107
Criminal Justice Act (§ 11-2601 et seq.). Sec.
108(h)

Page 29 of 107
Sec. 109.
109. Support and service planning.
lanning.

1. Added a requirement that a person determined to

be eligible for supports and services shall have
an ISP (not just a person who receives supports
and services). Sec. 106(b)

2. Restructured the discussion of items in an ISP to

reduce confusion about initial versus ongoing
ISP requirements. Sec. 109(d)

3. Changed the requirement for the ISP to include

opportunities for the person to learn of and
exercise his or her rights to refer to the person’s
rights in general, not only the rights provided in
this act. Sec. 109(d)(2)

4. Clarified the requirement to describe a person’s

financial and other resources in the initial ISP as
follows:

a. Removed the phrase “connections or needed

connections” from Sec. 109(d)(3) because it
caused confusion.

Page 30 of 107
 b. Provided more detailed examples of what
was meant by financial and other resources
under this section. Sec. 109(d)(3)

5. Consistently used the term “outcomes” in

describing the elements of the ISP (as opposed
to “goals”) and distinguished between short-
range, intermediate-range, and long-range
services.

6. Removed the phrase “[information on whether]

an adult person has the capacity to grant, refuse,
or withdraw consent to any ongoing medical
treatment and whether” because it implies an
overall presumption of incapacity. Instead
ability to consent is evaluated on a decision-by-
decision basis under the Health Care Decisions
Act. Sec. 109(d)(5)

7. Altered the wording of Sec. (d)(8) to be clearer

about the list of providers that will furnish each
support and service.

Page 31 of 107
8. Clarified the discussion of supports and services
that may be delivered in the future. Sec. 109
(d)(10)

9. Moved language relating to waiting lists to a

new section.

Page 32 of 107
Sec. 110.
110. Support
Support coordination.
coordination.

1. Clarified the requirements related to voluntary

and involuntary changes in a person’s support
coordinator:

a. If a person asks for a new support coordinator,

DDA must provide a new support coordinator
within 21 calendar days, unless DDA provides
clear and convincing evidence that the change
would cause significant difficulty or expense.
Sec 110(b)

b. Before providing a new support coordinator,

DDA can try to informally resolve the
person’s problems with his or her existing
coordinator. Sec. 110(b)

c. A person can appeal DDA’s decision to not

provide a new support coordinator to the
Office of Administrative Hearings. Sec.
110(b)

d. If the person’s support coordinator becomes

unavailable (e.g., leaves DDA, goes on

Page 33 of 107
 temporary leave), DDA must notify the person
within 1 business day. Sec. 110(c)

2. Substituted “outcomes” for “goals” in several

places to conform to changes made to Section
109. Sec. 110(d)

3. Restructured Sec. 110(g) to:

a. Reduce confusion about the timeline for when

an ISP must be reviewed;
b. Clarify that a person must consent to a review
if the review is requested by another person;
c. Remove references to health-care decision
related information, which is already included
in the ISP in Section 109.

4. Required DDS to issue regulations to prevent,

reduce and remedy conflicts of interest for
support coordinators. Sec. 110(j)

Page 34 of 107
Sec. 111.
111. Supports and services.
ervices.

1. Clarified that DDA must seek to maximize

federal funds “consistent with federal law.” Sec.
111(a)

2. Clarified that the DDA is authorized to serve

persons with developmental disabilities of all
ages by removing the reference to “persons age
18 and older”. Sec. 111(b)

3. Clarified DDA’s role in helping people to

connect with other government agencies and
coordinate the various services they need and
receive. Sec. 111(b)(2)

4. Clarified that DDA can provide temporary (90-

day) supports and services to persons who have
been abused, neglected or exploited. Sec.
111(b)(8)

5. Strengthened the training requirement to include

training on how a person can be an active
participant in the development, implementation
and monitoring of his or her ISP. Specified that

Page 35 of 107
 training will include information on how to file a
complaint and request a hearing. Sec. 111(c)

6. Deleted research initiatives as being more

properly the role of the Department of Health.
Sec. 111(d)

Page 36 of 107
Sec. 112.
112. Family supports
supports.
upports.

1. Clarified that DDA must seek to maximize

federal funds “consistent with federal law.” Sec.
112(a)

2. Clarified DDA’s role in helping people to

connect with other government agencies and
coordinate the various services they need and
receive. Sec. 112(b)(2)

3. Strengthened the training requirement to include

training on how families can support a person to
be an active participant in the development,
implementation and monitoring of his or her
ISP. Specified that training will include
information on how to file a complaint and
request a hearing. Sec. 112(c)

Page 37 of 107
Sec. 113.
113. Family Support Council.

Restructured the Family Support Council in the

following ways:

1. The Family Support Council will have 15

members who are family members and people
with developmental disabilities. Sec. 113(b)

2. The majority of members must be family

members. Sec. 113(b)

3. The Family Support Council will try to have

cross-representatives from key disability-related
boards & commissions (e.g., Special Education
Advisory Panel, Interagency Coordinating
Council, Developmental Disabilities Council
etc.). Sec. 113(b)

4. Members of the Family Support Council will be

appointed by the DDA Deputy Director. Sec.
113(c)

Page 38 of 107
5. The Family Support Council will be chaired by a
family member, chosen by the members. Sec.
113(d)

6. Clarified that the Family Support Council

“shall” (as opposed to “may”) take steps to
obtain widespread community input. Sec. 113(f)

7. The Family Support Council will be able to

invite agency representatives and community
members to participate in meetings and
committees. Sec. 113(g)

Page 39 of 107
Sec. 114
114. Waiting lists.

This is a new section which describes the

circumstances under which DDS may operate a
waiting list for DDA services. This section moves
the waiting list requirements established in the
Fiscal Year 2010 Budget Support Act of 2009 to
Title I of the DDRA, and makes revisions to the BSA
language recommended by the DDRA Expert
Review Panel and other stakeholders. Key elements
include:

1. If DDA is unable to provide supports and

services to eligible people immediately upon
request, DDS shall establish one or more waiting
lists for DDA services. Sec. 114(a)

2. People on waiting lists must receive services at a

reasonable pace based on urgency of needs,
must receive services as resources become
available, and must be kept up to date on when
they can expect to receive services. Sec. 114(a)

3. In establishing a waiting list, DDS must (Sec.

114(b)):

Page 40 of 107
 a. Justify the waiting list;
b. Identify how a person is placed on the
waiting list and the criteria that determine
placement and rank on the waiting list;
c. Provide a process for a person on the
waiting list to notify DDA if the criteria that
determined the person’s placement or rank
on the waiting list change; and
d. Define and provide a process for
identification of exigent circumstances in
which DDA will provide short-term
supports and service or emergency access to
waiting list services.

4. DDS shall only place a person on a waiting list

when DDA is unable to provide supports and
services immediately. Sec. 114(c)

5. DDS must provide a person who has been

placed on a waiting list with information and
referral services. Sec. 114(c)

6. A person may appeal placement and rank on a

waiting list to the Office of Administrative

Page 41 of 107
 Hearings, and shall be informed of this right in
writing by DDS. Sec. 114(c)

7. Within 5 business days after placing a person on

a waiting list DDS must notify the person,
explain why the person has been put on the
waiting list, tell the person how long he or she
can expect to wait before receiving services, tell
the person how to file an appeal, and provide
contact information for legal services and DDA.
Sec. 114(d)

8. At least 4 times per year DDS must provide an

update to each person on the waiting list. Sec.
114(e)

9. DDS must publish quarterly and annual reports

on the waiting list. Sec. 114(f) and (g)

Page 42 of 107
Sec. 115. Capacity and decision-
decision-making
supports; health-
health-care decisions.

1. Deleted heading “It shall be the policy of the

District that…” which formed the preamble to
(a), (b), (c), (d).

2. Changed the order (moved subsection (b) up) to

provide better flow.

3. Removed the subsection on informed consent as

inconsistent with remainder of the section.
Renamed the entire section accordingly.

Page 43 of 107
Sec. 116.
116. Independent panel for administration
of psychotropic medications.

1. Deleted the phrase “subject to appropriation”

from Sec. 116(b)(1), relating to the inclusion of
an advance practice registered nurse on the
independent panel. This language was initially
included in the Health-Care Decisions Act but
was removed by the Council in the Fiscal Year
2010 Budget Support Act of 2009.

2. Added requirements for regulations to include

(Sec. 116(c)):

a. The right of the person to access the records

that the panel will use to make its decision;
b. The right of the person to ask questions at
the meeting of the panel;
c. A requirement that the written decision of
the panel include information about the basis
for the decision; and
d. A requirement that the written decision of
the panel be accompanied by information on
how to request a review by the DDA Human
Rights Advisory Committee.

Page 44 of 107
Page 45 of 107
Sec. 117. Complaints; requests for fair hearings.

This section was:

1. Renamed to reflect use of the term “complaint”

as opposed to “grievance”; and

2. Restructured, including moving the subsection

that describes the potential subjects of a
complaint to Section 118.

Page 46 of 107
Sec. 118. Internal problem resolution system;
appeals of ineligibility.

1. Replaced the term “complaint” with “grievance”

throughout this section, to reflect the fact that the
process described in the section is not a formal
grievance process.

2. Used the term “problem resolution office”

throughout the section to refer to the office
within DDS authorized to resolve complaints on
behalf of DDA.

3. Added a requirement for the problem resolution

office to have, at a minimum, a director and 2
full-time employees. The office must maintain
enough staff to carry out its duties. Sec. 118(b)

4. Moved the description of the potential subjects

of a complaint from Section 117 to Sec. 118(c).
Added delays in services and denials or delays in
access to records to the list of potential subjects.

5. Added a requirement that the problem resolution

office keep statistics on complaints and share

Page 47 of 107
 those data with the DDA quality improvement
system. Sec. 118(g)

6. Clarified that the DDA Deputy Director must

respond to an appeal of a determination of
ineligibility within 10 business days of receiving
the appeal. Sec. 118(i)

7. Clarified that the DDS Director must respond to

a request for an appeal of the DDA Deputy
Director’s determination of ineligibility within
10 business days from the date the DDA Deputy
Director issued a written response to the appeal.
Sec. 118(i)

Page 48 of 107
Sec. 119. Petition for review of agency action
under this act.

This is a new section which clarifies that a person

may petition the Superior Court for review of agency
action under Title I of the DDRA. This section is
modeled after the D.C. Superior Court Rules of Civil
Procedure, Agency Review Rules for the Superior
Court, Rule 1. Superior Court Review of Agency
Orders Pursuant to D.C. Code 1981, Title 1,
Chapter 6.

Key elements include:

1. A person (or the person’s attorney, advocate,

parent, guardian, or other legal representative)
may file a petition for review of agency action
with the Family Court. Sec. 119(a)

2. The petition and any filings with the Court are

privileged and confidential as if filed under seal.
Sec. 119(a)

3. The Court will conduct a hearing promptly.

Hearings will be informal and will be closed to

Page 49 of 107
 the public unless the person asks for a hearing to
be open to the public. Sec. 119(b)

4. The person may testify (but is not required to

testify) and may call witnesses, present
evidence, and cross-examine opposing
witnesses. Sec. 119(b)

5. DDA will have the burden of proof in this

proceeding for all cases involving a termination,
reduction or delay of a service or benefit. In a
proceeding in which a party is proposing that
DDA take action or grant a benefit, the party
shall have the burden of proof. Sec. 119(c)

6. Costs and expenses will be paid as follows (Sec.

119(d)):

a. The person shall be considered in forma

pauperis; and
b. Witnesses will be paid the same fees and
mileage as for attendance at Court.

7. Any order of the Court may be appealed in a like

manner as other civil actions. Sec. 119(e)

Page 50 of 107
Page 51 of 107
Sec. 12120. Initiation of action to compel rights;
civil remedy; sovereign immunity barred; defense
to action; payment of expenses.

1. Removed limitation on civil remedies to those

supports and services which significantly affect
the quality of life of the person. This change is
consistent with existing provisions of D.C. Law
2-137. Sec. 120(b)

Page 52 of 107
Sec. 121. Deprivation of civil rights; liability;
immunity; exceptions.

This new section is modeled after section 514 of

D.C. Law 2-137 (D.C. Official Code § 7-1305.14). It
provides that:

No person shall be deprived of any civil right

solely by reason of his or her having received
supports and services under this act. Sec. 121(a)

Any person who violates or abuses any rights or

privileges protected by this act shall be liable for
damages as determined by law, for Court costs,
and for reasonable attorneys’ fees. Sec. 121(b)

Anyone who acts in good faith compliance is

immune from civil or criminal liability. However,
the section does relieve any person from liability
for acts of negligence, misfeasance, nonfeasance,
or malfeasance. Sec. 121(b)

Page 53 of 107
Sec. 122.
122. Records.
Records.

1. Restructured the beginning of the section to

clarify that:

a. DDA must keep records on all people who

are applying for or have been found eligible
for services and supports. Sec. 122(a)

b. A person has a right to access his or her

records within 1 business day, which is the
same as under Medicaid. Sec. 122(a)

c. Requirements for record content apply to

people who are receiving one or more
supports and/or services. Sec. 122(b)

2. Clarified that information can be disclosed when

authorized by the person. Sec. 122(c)(1)(B)

3. Incorporated language from Colorado (Col. Rev.

Stat. § 27-10.5-122(2)) authorizing disclosure of
information “to the extent necessary for the
acquisition, provision, oversight, or referral of
services and supports.” Sec. 122(c)(1)(C)

Page 54 of 107
4. Clarified that information can be disclosed for
purposes of referral to the advocate program.
Sec. 122(c)(1)(C)

Page 55 of 107
Sec. 123
123. Quality standards and monitoring.

1. Clarified that interagency data sharing should

include aggregate data on complaints. Sec.
123(b)

2. Added the DC Public Schools, the DC Public

Charter Schools, the Child and Family Services
Administration, and the Department of Youth
Rehabilitative Services to the list of agencies
with which the Developmental Disabilities
Administration will coordinate actions to
address systemic problems. Sec. 123(b)(1)

3. Added a requirement for DDA to develop an

emergency preparedness plan in collaboration
with the other government agencies that
participate in the quality plan. Sec. 123(b)(5)

4. Added a requirement for DDA to create a

publicly-available (on the internet and in print)
provider report card system by no later than 1
year after the law takes effect. Sec. 123(c)

Page 56 of 107
5. Strengthened the language in item Sec.
123(b)(5) and (b)(6) to more clearly include
compliance by agencies and providers with all
relevant DC and federal laws, regulations and
policies.

Page 57 of 107
Sec. 124.
124. Reporting and investigation
investigation of abuse,
neglect and exploitation.

Added a new section to:

1. Require employees at the DDA and providers to

report suspected abuse, neglect and exploitation
of persons who have been found eligible for
DDA services that they encounter in their
professional capacity to both Adult Protective
Services (APS) and DDA. Sec. 124(a)

2. Exempt social workers and licensed health

professionals who have a client or who report to
a lawyer representing a client who is the alleged
perpetrator of the abuse or neglect. This
provision is consistent with a parallel exemption
in the APS law (D.C. Official Code § 7-
1903(b)). Sec. 124(b)

3. Establish requirements for the report consistent

with APS law (D.C. Official Code § 7-1903(c)).
Sec. 124(c)

Page 58 of 107
4. Require the Mayor to designate DDA to carry
out investigations under the APS law for persons
who have been found eligible for DDA services,
consistent with APS law (D.C. Official Code §
7-1904(a)). Sec. 124(d)

5. Require the Mayor to designate DDA to ask the

Attorney General to conduct an inquiry and, if
legally supportable, file a petition with the court
for a protection order, consistent with APS law
(D.C. Official Code § 7-1906(a)). Sec. 124(d)

6. Require DDA to provide expedited access to

temporary or permanent services if expedited
services would remedy or reduce the abuse,
neglect, exploitation or self-neglect. Sec. 124(e)

7. Require DDA to ensure that employees of DDA

and providers have initial and annual training on
the requirements of being a mandatory reporter
and how to identify abuse, neglect and
exploitation. Sec. 124(f)

Page 59 of 107
Page 60 of 107
Sec. 125.
125. Checks of criminal background, abuse
and neglect registries, and traffic record.

1. Removed “It shall be the policy of the District

that…” from the opening statement requiring
criminal background checks. Sec. 125(a)

2. Added the advocate program, so that employees

and volunteers of the advocate program are
subject to the requirements of this section.
(multiple changes)

3. Added a requirement for DDA and providers to

check the U.S. Department of Health and
Human Services, Office of the Inspector
General, “List of Excluded Individuals /
Entities,” which lists individuals and entities
individuals and entities currently excluded from
participation in Medicare, Medicaid and all
Federal health care programs on the basis of
convictions for program-related fraud and
patient abuse, licensing board actions and
default on Health Education Assistance Loans.
Sec. 125 (c)(3) and Sec. 125(f)(4)

Page 61 of 107
4. Amended Sec. 125 (f)(2) to permanently ban a
person who has any of the felony convictions
listed from working as a paid employee at DDA
or a provider agency, or as a volunteer who has
unsupervised contact with persons with
developmental disabilities. Also deleted
rulemaking authority for DDA to identify
additional offenses, since that authority was
primarily intended to expand what was
originally a 7 year ban on the list of felony
offenses.

5. Deleted a requirement for DDA and providers to

maintain a list of all positions subject to the
criminal background check requirement. Since
all paid staff is subject to the requirements, this
provision was unnecessary. [Former Sec.
125(k)]

6. Added authority to establish through rulemaking

requirements to check abuse and neglect
registries maintained by states. Sec. 125(c)(2)
and Sec. 125(o)(1)

Page 62 of 107
Sec. 126
126. Registry of former employees
terminated because of substantiated acts of
abuse or neglect and convictions.

1. Added a requirement for the Mayor, or the

Mayor’s designee, to enter into interstate
agreements or compacts to permit DDA and
providers to check names of current / potential
employees and volunteers against abuse/neglect
registries maintained by other states. Sec. 126(a)

2. Added the advocate program, so that employees

and volunteers of the advocate program are
subject to the requirements of this section.
(multiple changes)

Page 63 of 107
Sec. 127.
127. Services for persons found
incompetent in a criminal case.

1. Changed civil commitment of persons found

incompetent in a criminal case to be to the care
of DDS as opposed to DDA. (multiple changes)

2. Clarified that civil commitment of persons found

incompetent in a criminal case applies only to
persons age 14 or older. This change ensures
consistency between the provisions of D.C. Law
2-137 and the provisions under the draft. Sec.
127(a) and Sec. 127(c)

3. Added a new subsection dealing with transfer

from one residential setting to another, modeled
after the existing provisions of section 309 of
D.C. Law 2-137 (D.C. Official Code § 7-
1303.09), but with the following changes:

a. DDA must provide 30 days’ advance notice

of the transfer to the person, the person’s
attorney, the person’s advocate and the
Court. Sec. 127(q)

Page 64 of 107
b. A hearing is not mandatory and will be held
only if requested by the person, the attorney
or a representative of the person within 10
days of receiving notice. Sec. 127(q)
c. The Court will review the transfer at the
annual hearing. Sec 127(r)

Page 65 of 107
Sec. 128. Court-
Court-appointed advocates for persons
found incompetent in a criminal case.

Added a new section requiring the Superior Court to

provide advocates to people who are committed to
the care of the DDS after being found incompetent
to stand trial in a criminal case. This section is based
on the advocacy program required in D.C. Law 2-
137. Key changes from D.C. Law 2-137 include:

1. A person can ask to have a new advocate. Sec.

128(c)

2. An advocate must advocate on the basis of the

expressed preferences of the person or, if the
person’s preferences cannot be determined,
advocate on the basis of the person’s best
interests. Sec. 128(d)

3. An advocate must complete a screening, a

criminal background check, and a training
course in accordance with standards established
by the Court. Sec. 128(h)

Page 66 of 107
4. An advocate must limit his or her caseload to a
reasonable size that generally permits at least
one visit with each person per month. Sec.
128(j)

5. In addition to providing advocates directly or

through a contract with individuals or
organizations, the Court may also provide
advocates through an agreement with DDS to
provide advocates through the District-funded
advocate program. Sec. 128(j)

Page 67 of 107
Sec. 129.
29. Legislative
Legislative review and reporting.
reporting.

1. Added a requirement for the Mayor’s annual

report to include data on the numbers of people
applying for services and whether people are
found eligible. Sec. 120(a)(3)

2. Removed the requirement to provide service

descriptions (formerly section (a)(4)).

3. Clarified that complaint data are for complaints

filed with the DDS problem resolution office.
Added a requirement for reporting on appeals
based on denials of ineligibility. Sec. 129(a)(5)

4. Changed the requirement for an annual report

card to be on the agency’s implementation of the
Comprehensive Developmental Disability
Services Plan (as opposed to the Mayor’s) and
moved the requirement to the end of subsection
(a) to reflect its new location in Title I. Sec.
129(a)(8)

5. Added a requirement that the Mayor, 10 years

after the legislation is enacted, conduct a

Page 68 of 107
comprehensive review of the legislation to
determine if it has met the goals and objectives
and to determine any if changes are needed to
improve the legislation’s effectiveness. The
Mayor must submit recommendations to the
Council. Sec. 129(b)

Page 69 of 107
Sec. 130. Plain language required; plans and
reports to be made available to the public.

1. Added a requirement that all notices, letters,

written information, plans, and reports required
under this act must be written in plain language.
Changed the title of Section 130 to reflect this
new requirement. Sec. 130(a)

Page 70 of 107
Sec. 132. Comprehensive Developmental
Disabilities Services Task Force.
Force.

1. Revised the process for appointing the Task

Force as follows:

a. The DDS Director will appoint the Task Force

members. Sec. 132(c)
b. The DDS Director will solicit nominations for
the Task Force from the general public. Sec.
132(c)
c. The DDS Director will publish a preliminary
Task Force membership list and solicit
comments on the proposed membership, prior
to making final appointments. The Director
will have 30 days to publish a proposed roster
and 60 days to finalize the full appointments.
Sec. 132(c)

2. Revised the composition of the Task Force as

follows:

a. In response to feedback that defining the

composition of the Task Force by percentages
(e.g., 50% of this, 30% of that) was confusing,

Page 71 of 107
 the composition is now defined using numbers
(8 people with DD, 4 family members, 3
community members). Sec. 132(b)(1)
b. Included people currently receiving DDA
services; Sec. 132(b)(1)(A)
c. The Task Force will try to include 1 person
from each Ward of the District; Sec. 132(c)
d. Provided a suggested list of government
agencies to participate in the Task Force, but
do not make it an exhaustive list. Allowed the
agency Director or a designee to participate.
Sec. 132(b)(2)

3. In keeping with other changes to this section

which make the Task Force a more informal
body than indicated in the December 18, 2008
draft DDRA:

a. Rules of procedure and bylaws were changed

to be optional (as opposed to mandatory). Sec.
132(h)
b. The reference to the District’s open meetings
requirements was deleted (since the Task
Force will not be a Board or Commission).

Page 72 of 107
 Instead, all meetings must be open to the
public and be widely publicized. Sec. 132(g)

4. Clarified that the Task Force “shall” (as opposed

to “may”) take steps to obtain widespread public
input into the plan. Sec. 132(f)

5. The Drafting Subcommittee was asked to

explore giving the Task Force a clear end date
(either after the regulations are done or within a
year or possibly slightly longer). After reviewing
legislation establishing other one-time Task
Forces in the District, which did not have a
legislated end date, no change to the draft was
made.

Page 73 of 107
Sec. 133. Comprehensive Developmental
Disabilities Services Plan.
Plan.

1. For readability, moved the statement of required

work product of the Task Force to the beginning
of the section. Sec. 133(a)

2. For readability, streamlined the various elements

of the Plan into a single subsection (c)(3).

3. An earlier reference to a 10-year timeframe for

building the District’s capacity to serve residents
with developmental disabilities caused
confusion and was restated as building the
District’s “short- and long-term capacity” for
greater clarity. Sec. 133(c)(3)(B)

4. Expanded the scope of work for the Task Force

as follows:

a. To make recommendations for workforce

development for direct support professionals.
This includes certification, training, pay, and
benefits. Sec. 133(c)(3)(f)

Page 74 of 107
 b. To look at the unmet needs of parents with
developmental disabilities. Sec. 133(b)(2)
c. To help DDS develop regulations to
implement the recommendations of the Task
Force. Sec. 133(a)(3)

5. Clarified that the DDS Director “may” issue

rules and take any other actions necessary to
implement the 2-year service expansions
recommended in 133(b)(3)(A). Sec. 133(4)

Page 75 of 107
TITLE II. Transition from Admission and
Commitment.
Commitment.

Title II is a new Title that creates a 3-year transition

period after the DDRA takes effect.

During the transition period, everyone who is

currently committed under D.C. Law 2-137 will
continue to be committed. People will have access to
their same lawyers and advocates appointed by the
Superior Court and will continue to have an annual
hearing before the Court. However, no one new will
be committed; instead, new people will go through
the eligibility process created in Title I of the
DDRA.

At the end of the 3 years, the Mayor must certify that

the District has created and adequately funded the
legal services program, the advocate program, and
the problem resolution system created under Title I
of the DDRA (Title I of the DDRA also provides for
Court review of agency action through an informal
hearing process). The Mayor must also provide a
plan to transition everyone to the new system under
the DDRA.
Page 76 of 107
The Council will hold a public hearing and can
approve or disapprove the Mayor’s plan.

If the Council approves the Mayor’s plan, all

commitment will end except for people who were
committed after being found incompetent to stand
trial in a criminal case.

If the Council disapproves the Mayor’s plan,

commitment will continue and the Mayor must
revise and submit the plan every 6 months until it
meets Council approval.

When the transition has been completed and

commitment has ended, the Court advocate program
will transfer to the District-funded advocate program
in Title I of the DDRA. Additionally, the legal
services program created in Title I of the DDRA
may hire on a full-time, part-time, or contractual
basis attorneys who were appointed by the Court to
represent committed people. This would allow a
person to continue to be represented by the same
lawyer, if the person wishes to have the same
lawyer.

Page 77 of 107
The following pages provide details on key sections
of Title II.

Page 78 of 107
Sec. 204. Transition period.

During the transition period, people will be

considered committed to the care of DDS (as
opposed to being committed to a residential facility).
This change was made because commitment to a
specific residential facility no longer reflects the way
that DDA provides services to people. This change
will bring the law in line with actual practice.

Page 79 of 107
Sec. 205. New admission and commitment
prohibited during transition period.

1. This section clarifies that no new people will be

committed during the transition period. Sec.
205(a)

2. Nothing in this section voids the commitment of

a person who was committed after being found
incompetent in a criminal case. Sec. 205(b)

Page 80 of 107
Sec. 206. Preparation for completion of transition
period.

1. The Court and the District must work together

with stakeholders to plan for completion of the
transition period. Sec. 206(a)

2. By 24 months after the act becomes law, the

District must (Sec. 206(b)):

a. Prepare a work plan for transitioning people

to the new system of advocates and legal
services under Title I of the DDRA; and
b. Survey everyone who is committed to
determine their likely need for advocates
and legal services for the first 3 years after
the transition period ends. The survey must
be conducted through a grant or contract
(not directly by DDS or DDA).

3. During the transition period, the advocate

program must educate people about the changes
in the law. Advocates and attorneys must help
people to request termination of their

Page 81 of 107
 commitment, if a person wants his or her
commitment to end. Sec. 206(c)

4. Nothing in this act voids the commitment of a

person who was committed after being found
incompetent in a criminal case. During the
transition period, hearings and procedures for
such persons will be conducted in accordance
with Title I of the DDRA. Sec. 206(d)

Page 82 of 107
Sec. 207. Completion of transition period.

1. Thirty-four months after this act becomes law,

the Mayor must send the Council a plan for
ending the transition period. The Mayor must
certify that (Sec. 207(a)):

a. The District has implemented the transition

work plan;
b. The District has completed the survey;
c. The District has implemented the new
advocate program required under Title I of
the DDRA and has provided the program
with a funding increase that will pay for
advocates for everyone who has been
identified as needing an advocate in the
survey;
d. The District has implemented the new legal
services program required under Title I of
the DDRA and has provided the program
with a funding increase that will pay for
attorneys for everyone who has been
identified as needing an attorney in the
survey; and

Page 83 of 107
 e. The District has implemented the internal
problem resolution system required under
Title I of the DDRA.

2. The Council will hold a public hearing on the

Mayor’s plan within 45 days. Sec. 207(b)

3. The Council has 60 days total to adopt a

disapproval resolution. If the Council does not
disapprove the Mayor’s plan, commitment will
terminate for all people except for people who
were committed after being found incompetent
to stand trial in a criminal case. Sec. 207(c)

4. If the Council disapproves the Mayor’s plan,

commitment will remain for all people. The
Mayor must continue to revise and submit the
plan to the Council every 6 months until the
Council approves the plan. Sec. 207(d)

5. The Mayor’s plan must be written in plain

language and must be posted to the DDS web
site within 1 business day of being submitted to
the Council. DDS must provide copies of the
plan to the public on request. Sec. 207(e)

Page 84 of 107
Page 85 of 107
Sec. 208. Rights during transition period.

This section ensures that during the transition

period, people who continue to be committed have
basic rights that are equivalent to their rights under
D.C. Law 2-137. This section addresses general
rights. Rights under D.C. Law 2-137 that were
specific to residents of facilities are not included,
since commitment will no longer be to a facility.
Instead, people will have the same rights provided
under Title I of the DDRA. Key elements of this
section include:

1. During the transition period, people will

continue to have a right to services. This right
will continue after commitment ends as required
in Title I of the DDRA. This is parallel to D.C.
Official Code § 7-1305.01. Sec. 208(a)

2. The fact that a person is committed shall not be

relevant to other determinations of competency.
This is parallel to D.C. Official Code § 7-
1303.13. Sec. 208(b)

Page 86 of 107
3. A committed person retains all rights not
specifically denied him or her under Title II,
including rights of habeas corpus and all rights
provided under the Developmental Disabilities
Rights and Services Act of 2009. This is parallel
to D.C. Official Code § 7-1305.14. Sec. 208(c)

4. DDS and the Department of Mental Health must

collaborate in providing services to person with
a dual diagnosis of intellectual disability and
mental illness. This is parallel to D.C. Official
Code § 7-1305.15. Sec. 208(d)

Page 87 of 107
Sec. 209. Support planning during transition
period.

This section clarifies that during the transition

period, a person’s supports and services will be
planned using the new support planning process
created in Title I of the DDRA.

Page 88 of 107
Sec. 210. Transfer during transition period.

This section provides for the transfer of a committed

person from one residential setting to another during
the transition period. It parallels the transfer
procedures in section 309 of D.C Law 2-137 (D.C.
Official Code § 7-1303.09), except that:

The Court will receive advance notice of the

transfer, but will only hold a hearing if the person
objects to the transfer; and

Rather than evaluate transfers in terms of the

“least restrictive alternative,” the Court will
evaluate transfers in terms of the “most integrated
setting” which is defined in accordance with the
Supreme Court’s decision in Olmstead v. L.C.
(527 U.S. 581) and implementing regulations for
the Americans with Disabilities Act (28 C.F.R.
Part 35, App. A).

Page 89 of 107
Sec. 211. Request for termination of commitment
during transition period.

This section allows a committed person to request

termination of his or her commitment during the
transition period (Sec. 211(a)). If a person’s
commitment terminates, he or she will no longer be
committed but it will continue to be the
responsibility of the DDS to provide the person with
supports and services (Sec. 211(c)).

This section parallels the discharge procedures in

section 308 of D.C Law 2-137 (D.C. Official Code §
7-1303.08), section 304(b) (D.C. Official Code § 7-
1303.04(b)) and section 306(a) (D.C. Official Code
§ 7-1303.06(a)), except that:

The Superior Court must apply a standard of

reasonable doubt to its determination of whether a
person meets the requirements for continued
commitment (previously the standard to be used
by the Court was only partially defined). Sec.
211(b)

Page 90 of 107

Requirements for continued commitment have
been updated to reflect that commitment is no
longer to a facility. Sec. 211(b)

Page 91 of 107
Sec. 212. Annual hearing during transition
period.

This section requires the Superior Court to hold an

annual hearing to review a person’s commitment,
during the transition period.

This section parallels the annual hearing

requirements in section 304(b) of D.C. Law 2-137
(D.C. Official Code § 7-1303.04(b) except that:

The Court must apply a standard of reasonable

doubt to its determination of whether a person
meets the requirements for continued
commitment (previously the standard to be used
by the Court was only partially defined). Sec.
212(a)

Requirements for continued commitment have

been updated to reflect that commitment is no
longer to a facility. Sec. 212(a)

As under D.C. Law 2-137, if a person’s commitment

is terminated, he or she will no longer be committed
but it will continue to be the responsibility of the

Page 92 of 107
DDS to provide the person with supports and
services (Sec. 212(b)).

Page 93 of 107
Sec. 213.
213. Hearing procedures during transition
period.

This section seeks to provide similar hearing

procedures as those under D.C. Law 2-137. Key
elements include:

1. A request for a hearing begins with filing a

petition with the Superior Court. This is parallel
to D.C. Official Code § 7-1304.01. Sec. 213(a)

2. People have the right to legal representation.

The Court will appoint an attorney to represent a
person, if the person cannot pay for an attorney.
Attorneys are paid at rates established by the
Court. This is parallel to D.C. Official Code § 7-
1304.02. Sec. 213(b)

3. The DDS must provide a copy of the person’s

ISP and a record of services. This is parallel to
D.C. Official Code § 7-1304.03, except that it
does not include a comprehensive evaluation as
under D.C. Law 2-137 because most elements of
the comprehensive evaluation have been
incorporated into the ISP. Sec. 213(c)

Page 94 of 107
4. The Court will conduct a hearing promptly.
Hearings are to be as informal as possible and
will be closed to the public unless the person
asks for an open hearing. The person may
testify, but does not have to testify, and may call
witnesses, present evidence, and cross-examine
opposing witnesses. These provisions are
parallel to D.C. Official Code §§ 7-1304.05, 7-
1304.08, and 7-1304.06. Sec. 213(d)

5. Costs for expert witnesses, attorneys, and other

witnesses will be paid by the Court as under
D.C. Law 2-137 (D.C. Official Code § 7-
1304.12). Sec. 213(e)

6. Any commitment order of the Court may be

appealed in a like manner as other civil actions.
This is parallel to D.C. Official Code § 7-
1304.10. Sec. 213(f)

Page 95 of 107
Sec. 214. Court-
Court-appointed advocates during
transition period.

This section requires the Superior Court to provide

advocates to people who are committed. This section
is based on the advocacy program required in D.C.
Law 2-137 (D.C. Official Code § 7-1304.13). Key
changes from D.C. Law 2-137 include:

1. A person can ask to have a new advocate. Sec.

214(b)

2. An advocate must advocate on the basis of the

expressed preferences of the person or, if the
person’s preferences cannot be determined, to
advocate on the basis of the person’s best
interests. Sec. 214(c)

3. An advocate must complete a screening, a

criminal background check, and a training
course in accordance with standards established
by the Court. Sec. 214(f)

4. An advocate must limit his or her caseload to a

reasonable size that generally permits at least

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one visit with each person per month. Sec.
214(g)

Page 97 of 107
Sec. 215. Transfer of functions upon completion
of transition period.

This section describes how the advocacy and legal

services functions provided by the Superior Court
during the transition period may be transferred to the
new programs operated under Title I of the DDRA.
Key elements include:

1. When the transition period ends, all functions

and records of the Court advocate program will
transfer to the new advocate program operated
under Title I of the DDRA. Sec. 215(a)

2. Any employees of the Court advocacy program

who are displaced will have the option of
working for the advocate program operated
under Title I of the DDRA on a 6-month trial
basis. This is similar to the privatization
contracts and procedures requirements under
D.C. Official Code § 2-130.05b. Sec. 215(b)

3. When the transition period ends, the new legal

services program operated under Title I of the
DDRA may (Sec. 215(c)):

Page 98 of 107
a. Employ on a full-time, part-time, or
contractual basis any of the Court-appointed
attorneys who formerly represented people
had been committed; and
b. Take into account the formerly committed
person’s preferences in appointing an
attorney to represent the person. This is
intended to encourage maintaining existing
attorney-client relationships.

Page 99 of 107
TITLE II
III. Amendments to the Department on
Disability Services Establishment Act of 2006

Title III includes a number of conforming

amendments to the Department on Disability
Services Establishment Act of 2006. Key changes to
Title III include the following:

1. Authorized the DDS Director, upon delegation

by the Mayor, to enter into interstate agreements
or compacts to permit DDA and providers to
check names of current and potential employees
and volunteers against abuse and neglect
registries maintained by other states. Sec. 302(d)

2. With regard to amendments relating to a new

Sec. 107a, “Interagency coordination:”

Added the Department of Employment Services

and the Office of Disability Rights to the list of
agencies with which the Department on
Disability Services must develop interagency
agreements. (new Sec. 106a(b))

Page 100 of 107


Added a requirement for each agency to have a
point person / liaison with DDS. (new Sec.
106(d)(4))

Page 101 of 107

TITLE IV.
IV. Conforming Amendments

Title IV includes a number of conforming

amendments to various sections of the D.C. Code.
Key changes to Title IV include the following:

Sec. 402. Amendments to the Office

Office of
Administrative Hearings Establishment Act.

This section adds the Department on Disability

Services to the list of agencies for which the Office
of Administrative Hearings adjudicates cases.

Sec. 403.
03. Amendments to the Adult Protective
Services Act
Act of 1984.

This is a new section that requires employees at

DDA and providers to report suspected abuse,
neglect and exploitation of persons who have been
found eligible for DDA services that they encounter
in their professional capacity to both Adult
Protective Services (APS) and DDA, and to
authorize DDA to conduct investigations on behalf
of APS for people who have been found eligible for
DDA services. Key elements include:
Page 102 of 107
1. Added definitions of “DDA,” “DDA employee,”
and “DDA provider employee.” Sec. 403(a)

2. Amended the definition of incapacity to clarify

that “Incapacity shall not be inferred from the
fact that an individual has a disability.” Sec.
403(a)

3. Added DDA employees and DDA provider

employees to the list of mandatory reporters of
suspected abuse, neglect and exploitation and
removed “court-appointed mental retardation
advocates” from the list. Sec. 403(b)

4. Added a requirement for the Mayor to designate

DDA to carry out investigations under the APS
law for persons who have been found eligible
for DDA services, consistent with APS law (§ 7-
1904(a)). Sec. 403(c)

5. Clarified that if an investigation is being carried

out by DDA, a person can object to the
investigation unless the alleged perpetrator of

Page 103 of 107

 the investigation is a DDA employee or DDA
provider employee. Sec. 403(c)

6. Clarified that a guardian shall be appointed only

after considering less restrictive supports and
that any petition for a guardian shall be for the
form of guardianship that is least restrictive. Sec.
403(d) and Sec. 403(e)(2)

7. Added a requirement for the Mayor to designate

DDA to ask the Attorney General to conduct an
inquiry and, if legally supportable, file a petition
with the court for a protection order, consistent
with APS law (§ 7-1906(a)). Sec. 403(e)(1)

Page 104 of 107

Sec. 404.
404.

Included a new amended to § 21-2011 to included

the “expressed wishes” of the person in the
definition of “substituted judgment.” This is parallel
to the changes in the definition of “substituted
judgment” in Title I of the DDRA.

Sec. 407.
407.

Deleted Subtitle H from the Fiscal Year 2010

Budget Support Act of 2009 (2nd Engrossed version
of Bill 18-203). This subtitle has been incorporated
into Title I of the DDRA.

Page 105 of 107

General Changes

1. Removed repeated references to the roles of

parents of minor children, guardians and durable
power of attorney. Such references are
unnecessary, because parents of minors already
have the right to make decisions for their
children, and the District’s guardianship law
already gives a guardian the power to act on
behalf of a person in specific ways. Recently,
the DC Council enacted a uniform guardianship
law that addresses guardians appointed in other
jurisdictions.

2. Made numerous changes to references to

advocacy and legal services in multiple sections,
to refer to the creation of the new advocate
program and legal services program in Title I of
the DDRA.

3. Reorganized Title I of the DDRA by:

a. Adding new sections on the advocate

program and legal services program;
b. Adding a new section on waiting lists;
Page 106 of 107
c. Adding a new section on “deprivation of
civil rights; liability; immunity; exceptions,”
modeled after section 514 (§ 7-1305.14) of
D.C. Law 2-137;
d. Adding a new section on reporting of abuse,
neglect and exploitation;
e. Adding a new section on Court-appointed
advocates for persons who are committed
after being found incompetent to stand trial
in a criminal case; and
f. Moving the two sections on the
Comprehensive Task Force and
Comprehensive Plan to the end of Title I.

Page 107 of 107