(a) If the petition was filed pursuant to § 7-1303.04(a), the parent or guardian, or his or her counsel if so represented, shall present evidence which shows beyond a reasonable doubt that the respondent is not competent to refuse commitment.
(b) If the petition was filed pursuant to § 7-1303.04(b-1), the District shall present clear and convincing evidence that shows that the respondent is likely to cause injury to others as a result of mental retardation if allowed to remain at liberty.
CREDIT(S)
(Mar. 3, 1979, D.C. Law 2-137, § 407, 25 DCR 5094; Oct. 17, 2002, D.C. Law 14-199, 2(m), 49 DCR 7647.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1947.
1973 Ed., § 6-1674.
Effect of Amendments
D.C. Law 14-199 designated subsec. (a), and in that subsection, substituted “§ 7-1303.04(a)” for “§ 7-1303.04”; and added subsec. (b).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(m) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14-383, June 12, 2002, 49 DCR 5701).
For temporary (90 day) amendment of section, see § 2(m) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-454, July 23, 2002, 49 DCR 8096).
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 7-1301.02.
For Law 14-199, see notes following § 7-1301.03.