(a) When a court orders the admission of a person to Forest Haven as a public patient or when a person is admitted to Forest Haven as a patient under section 21-1108A, and the court finds at any time that the patient does not have an estate out of which the District of Columbia may be fully reimbursed for his maintenance, a parent, spouse, and adult children of the substantially retarded person, if of sufficient financial ability, shall pay the cost to the District of Columbia of his maintenance at the institution. The Mayor of the District of Columbia may petition the court, during the commitment of the substantially retarded person to the institution, to direct any of those relatives to pay the District of Columbia, in whole or in part, for his maintenance at the institution. They may not be required to pay more than the actual cost to the District of Columbia of his maintenance.
(b) When the court finds that a relative specified by subsection (a) of this section is able to pay for the maintenance of the substantially retarded person, in whole or in part, it may make an order requiring payment by him or all the relatives of such sums as it finds that he or they are reasonably able to pay and as may be necessary to provide for his maintenance. The order shall require the payment of the sums to the Finance Office of the Department of General Administration, or its successor, or its authorized representative or agency, of the District monthly, as the court directs. The Finance Office, or its successor, or its authorized representative or agency, as the case may be, shall collect the sums due under this section and section 21-1110, and turn them into the Treasury of the United States to the credit of the District of Columbia.
(c) If a relative made liable for the maintenance of the substantially retarded person fails to provide or pay for the maintenance, or his part thereof, in accordance with the order of the court, the court shall issue to him a citation to show cause why he should not be adjudged in contempt. The citation shall be served at least 10 days before the hearing thereon.
(d) An order issued under this session may be enforced against any property of a relative made liable for the maintenance of the substantially retarded person, in the same way as if it were an order for temporary alimony in a divorce case.
(e) Upon the death of a relative ordered by the court to pay for the maintenance of the substantially retarded person in whole or in part, the estate of the relative is liable to the District of Columbia for the unpaid amount due the District of Columbia under the order of court at the time of his death, and the claim of the District of Columbia is a preferred claim against his estate.
CREDIT(S)
(Sept. 14, 1965, 79 Stat. 769, Pub. L. 89-183, § 1; July 29, 1970, 84 Stat. 568, Pub. L. 91-358, title I, § 150(g)(1)(A), (6); Oct. 22, 1970, 84 Stat. 1087, Pub. L. 91-490, § 2(a)(1), (2), (6); Mar. 24, 1998, D.C. Law 12-81, § 14(m), 45 DCR 745.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 21-1111.
1973 Ed., § 21-1111.
Legislative History of Laws
Law 12-81, the “Technical Amendments Act of 1998,” was introduced in Council and assigned Bill No. 12-408, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 4, 1997, and December 4, 1997, respectively. Signed by the Mayor on December 22, 1997, it was assigned Act No. 12-246 and transmitted to both Houses of Congress for its review. D.C. Law 12-81 became effective on March 24, 1998.
References in Text
Section 21-1108A, referred to in the first sentence of subsection (a), was repealed by the Act of March 3, 1979, D.C. Law 2-137, § 604(a)(1).