(a) In implementing § 7-1909(3), the Mayor may establish a sliding scale based on one's ability to pay. No adult in need of protective services shall be denied those services because he or she is unable to pay for them or because a person (other than the adult) who is legally responsible for providing any or all of the services refuses to reimburse the District or contribute to their cost. The Attorney General may, either as part of a proceeding for a protection order or in an independent court action, seek an order directing the adult in need of protective services or person(s) legally responsible for those services to pay or reimburse the District for so much of the cost of providing protective services under this chapter as he or she is reasonably able to afford. The court, however, may not direct an adult in need of protective services to pay or reimburse the District for any of the cost of providing those services if the court orders the services over the continued objection of the adult after finding that the objection has been prompted by fear or intimidation instilled by another.
(b) The Attorney General may, either as part of a proceeding for a protection order or in an independent court action, seek an order directing the person(s) responsible for an adult's abuse, neglect, or exploitation to pay or reimburse the District for all or part of the costs associated with conducting the investigation, appointing counsel, and providing protective services in that particular case. In so doing, the Attorney General shall have the burden of proving a person's responsibility for abuse, neglect, or exploitation by a preponderance of the evidence. Testimony of the defendant(s), and the fruits of that testimony, shall be inadmissible as evidence in a subsequent criminal trial except in a prosecution for perjury or false statement.
CREDIT(S)
(Mar. 14, 1985, D.C. Law 5-156, § 11, 32 DCR 13; Mar. 8, 2006, D.C. Law 16-67, § 2(j), 53 DCR 40.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2510.
Effect of Amendments
D.C. Law 16-67, in subsecs. (a) and (b), substituted “Attorney General” for “Corporation Counsel”.
Legislative History of Laws
For legislative history of D.C. Law 5-156, see Historical and Statutory Notes following § 7-1901.
For Law 16-67, see notes following § 7-1901.
Miscellaneous Notes
Delayed application of Law 5-156: See Historical and Statutory Notes following § 7-1901.