When a child is brought before the Family Division of the Superior Court upon allegations that he is delinquent, neglected, or in need of supervision, and it appears to the court, on the testimony of a physician or psychologist or other evidence, that the child is at least moderately mentally retarded as defined in the Mentally Retarded Citizens Constitutional Rights and Dignity Act of 1978 (D.C. Official Code, § 7-1301.01 et seq.), the court may adjourn the proceedings, other than proceedings on a motion to transfer pursuant to section 16-2307, and direct the child's parent or a guardian appointed by the court to file a petition under that act. The court may order that, pending the preparation, filing, and hearing of the petition, the child be detained in a place of safety, or be placed under the guardianship of a suitable person, if that person enters into a recognizance for his appearance.
CREDIT(S)
(Sept. 14, 1965, 79 Stat. 771, Pub. L. 89-183, § 1; July 29, 1970, 84 Stat. 568, Pub. L. 91-358, title I, § 150(g)(7); Oct. 22, 1970, 84 Stat. 1087, Pub. L. 91-490, § 2(a)(1), (12); Mar. 3, 1979, D.C. Law 2-137, § 604(a)(2), 25 DCR 5094; Mar. 24, 1998, D.C. Law 12-81, § 14(n), 45 DCR 745; Apr. 24, 2007, D.C. Law 16-305, § 35(b)(2), 53 DCR 6198.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 21-1114.
1973 Ed., § 21-1114.
Effect of Amendments
D.C. Law 16-305, in the section name line, substituted “Proceeding when child brought before Family Division appears to have at least moderate mental retardation” for “Proceeding when child brought before Family Division appears at least moderately mentally retarded”.
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 21-1101.
For legislative history of D.C. Law 12-81, see Historical and Statutory Notes following § 21-1111.
Cited in In re W.A.F., App. D.C., 573 A.2d 1264 (1990).
For Law 16-305, see notes following § 21-501.