(a) The Department on Disability Services shall promulgate rules and regulations governing the provision of respite care for persons with mental retardation. These shall provide that periods of respite care shall not exceed 42 days in a 12-month period without specific authorization by the Court after a hearing conducted in accordance with subchapter IV of this chapter.
(b) Should any person be detained for respite care for a period exceeding 42 days in a 12-month period without specific authorization by the Court after a hearing conducted in accordance with subchapter IV of this chapter, he or she shall be promptly discharged.
CREDIT(S)
(Mar. 3, 1979, D.C. Law 2-137, § 314, 25 DCR 5094; Mar. 14, 2007, D.C. Law 16-264, § 301(h), 54 DCR 818; Apr. 24, 2007, D.C. Law 16-305, § 26(i), 53 DCR 6198.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1934.
1973 Ed., § 6-1667.
Effect of Amendments
D.C. Law 16-264, in subsec. (a), substituted “Department on Disability Services” for “Department of Human Services”.
D.C. Law 16-305, in subsec. (a), substituted “persons with mental retardation” for “mentally retarded persons”.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 301(h) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 7-1301.02.
For Law 16-264, see notes following § 7-1301.03.
For Law 16-305, see notes following § 7-531.01.
References in Text
The Department of Human Resources was replaced by the Department of Human Services pursuant to Reorganization Plan No. 2 of 1979, dated February 21, 1980.