Developmental Disabilities

Reform Act
Draft 2
Section-
Section-By-
By-Section Summary of Changes from Draft 1

August 27, 2009

 Developmental Disabilities Reform Act
Draft 2, August 2009

Section-
Section-By-
By-Section Summary of Changes from Draft 1
Table of Contents
TITLE I: Developmental Disabilities Rights and Services Act..................................................... 5
Sec. 102. Findings and purpose. ................................................................................................ 5
Sec. 103. Definitions.................................................................................................................. 6
Sec. 104. Rights ......................................................................................................................... 9
Sec. 105. Rights of persons formerly committed and former Forest Haven residents. ........... 10
Sec. 106. Eligibility.................................................................................................................. 11
Sec. 107. Advocate program.................................................................................................... 12
Sec. 108. Legal services program. ........................................................................................... 14
Sec. 109. Support and service planning. .................................................................................. 15
Sec. 110. Support coordination................................................................................................ 16
Sec. 111. Supports and services. .............................................................................................. 17
Sec. 112. Family supports........................................................................................................ 18
Sec. 113. Family Support Council. .......................................................................................... 19
Sec. 114. Waiting lists. ............................................................................................................ 20
Sec. 115. Capacity and decision-making supports; health-care decisions............................... 21
Sec. 116. Independent panel for administration of psychotropic medications. ....................... 22
Sec. 117. Complaints; requests for fair hearings. .................................................................... 23
Sec. 118. Internal problem resolution system; appeals of ineligibility.................................... 24
Sec. 119. Petition for review of agency action under this act.................................................. 25
Sec. 120. Initiation of action to compel rights; civil remedy; sovereign immunity barred;
defense to action; payment of expenses.................................................................................... 26
Sec. 121. Deprivation of civil rights; liability; immunity; exceptions..................................... 27
Sec. 122. Records..................................................................................................................... 28
Sec. 123. Quality standards and monitoring. ........................................................................... 29
Sec. 124. Reporting and investigation of abuse, neglect and exploitation. ............................. 30
Sec. 125. Checks of criminal background, abuse and neglect registries, and traffic record.... 31
Sec. 126. Registry of former employees terminated because of substantiated acts of abuse or
neglect and convictions............................................................................................................. 32
Sec. 127. Services for persons found incompetent in a criminal case. .................................... 33
Sec. 128. Court-appointed advocates for persons found incompetent in a criminal case........ 34
Sec. 129. Legislative review and reporting.............................................................................. 35
Sec. 130. Plain language required; plans and reports to be made available to the public. ...... 36
Sec. 132. Comprehensive Developmental Disabilities Services Task Force........................... 37
Sec. 133. Comprehensive Developmental Disabilities Services Plan. .................................... 38

TITLE II. Transition from Admission and Commitment. ............................................................ 39

Sec. 204. Transition period. ..................................................................................................... 40
Sec. 205. New admission and commitment prohibited during transition period..................... 41

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 Sec. 206. Preparation for completion of transition period. ...................................................... 42
Sec. 207. Completion of transition period. .............................................................................. 43
Sec. 208. Rights during transition period................................................................................. 44
Sec. 209. Support planning during transition period. .............................................................. 45
Sec. 210. Transfer during transition period. ............................................................................ 46
Sec. 211. Request for termination of commitment during transition period. .......................... 47
Sec. 212. Annual hearing during transition period. ................................................................. 48
Sec. 213. Hearing procedures during transition period............................................................ 49
Sec. 214. Court-appointed advocates during transition period. ............................................... 50
Sec. 215. Transfer of functions upon completion of transition period. ................................... 51

TITLE III. Amendments to the Department on Disability Services Establishment Act of 2006 52

TITLE IV. Conforming Amendments ......................................................................................... 53

General Changes ........................................................................................................................... 55

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 Developmental Disabilities Reform Act
Draft 2, August 2009

Section-
Section-By-
By-Section Summary of Changes from Draft 1
On December 18, 2008 the Department on Disability Services, Management Advisory
Committee (DDS MAC) Legislative Committee released a first draft of legislation to modernize
the District of Columbia’s laws governing supports and services for residents with
developmental disabilities and their families. Background on the draft DDRA and various
meetings to develop the draft is available at http://dc-ddleg.blogspot.com.

From January to July 2009 the DDS MAC Legislative Committee hosted a series of meetings to
inform residents of Draft 1 of the Developmental Disabilities Reform Act (DDRA) and to gather
feedback to help improve the draft bill. Meetings included:

A kick-off Saturday town hall meeting in January;

Two meetings with attorneys who represent people with intellectual disability at the
Superior Court;

Two Saturday meetings for families in March and May;

Over a dozen presentations and meetings with community stakeholders including self-
advocacy groups, family support groups, provider agencies, and other professionals; and

Eleven meetings – open to all – for residents and stakeholders to review and revise the draft
DDRA on a weekly basis from April to July.

Written feedback was also submitted by a number of individuals and groups.

The 11 DDRA Review and Revision Meetings served as the main place for community members
to come together and review the draft DDRA on a section-by-section basis. At each meeting,
participants made suggestions, reviewed comments that had been previously submitted on the
each section, and discussed and decided on changes to the draft.

Draft 2 of the DDRA incorporates the changes decided on at the 11 DDRA Review and Revision
Meetings, as well as additional community feedback.

This document summarizes all substantive (non-technical) changes to the draft DDRA made to
the original version released on December 18, 2008. Changes are organized by section.

Visit the DDRA Blog at http://dc-ddleg.blogspot.com to:

Download a copy of Draft 2 of the DDRA;

Get more detail on the reasons for key changes by downloading notes for the 11 DDRA
Review and Revision Meetings; and

View all changes to Draft 2 by downloading the “Track Changes” version of Draft 2.

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 DDRA Changes from Draft 1
August 27, 2009

TITLE I: Developmental Disabilities Rights and Services Act

Sec. 102. Findings and
and purpose.

Removed language about transition and references to court-appointed advocates and

attorneys.
 DDRA Changes from Draft 1
August 27, 2009
Sec. 103. Definitions.
Definitions.

Abuse

Added a definition to have the same meaning as in the District’s Adult Protective
Services law (D.C. Official Code § 7-1901).

Complaint

Added a definition to replace the former definition of “grievance.” Clarified that a

complaint includes dissatisfaction with a delay in supports and services.

Developmental Disabilities State Planning Council

Added a definition based on the citation used in the People First Respectful Language
Modernization Act of 2006 (D.C. Official Code § 2-633).

DMH

Added a definition of DMH (Department of Mental Health).

Exploitation

Added a definition to have the same meaning as in the District’s Adult Protective
Services law (D.C. Official Code § 7-1901).

Family

Clarified that family relationships do not “solely” depend on economic relationships.

Forest Haven

Added a definition based on the citation used in D.C. Official Code § 21-1101.

Grievance

Removed definition of “grievance.” A new definition of “complaint” replaces the

definition of “grievance.”

Informed consent

Deleted the definition of informed consent as the term is no longer used in the draft
DDRA (following changes to Section 115.)

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 DDRA Changes from Draft 1
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Interagency Coordinating Council

Added a definition to mean the same as in the Early Intervention Program Establishment
Act of 2004 (D.C. Official Code § 7-863.03).

Neglect

Added a definition to have the same meaning as in the District’s Adult Protective
Services law (D.C. Official Code § 7-1901).

Person

Removed the definition of “person” because the original definition caused confusion.

Physical restraint

Added a definition based on the District’s mental health law (D.C. Official Code § 7-
1231.02(20)).

Prone restraint

Added a definition.

Respite

Removed the requirement that respite services be “overnight.”

Restrictive procedure

Added a definition based on 55 Pa. Code § 6500.161.

State Advisory Panel on Special Education

Added a definition based on Mayor’s Order 2007-246.

Substituted judgment

Included the “expressed wishes” of the person in the definition of substituted judgment.

Supports and services

Added a statement paralleling the discussion of persons’ right to receive supports and
services in the least restrictive, most inclusive and most integrated setting which clarifies
that supports and services shall help persons “achieve the most independent, productive,
and typical lives possible.”

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 DDRA Changes from Draft 1
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Support coordinator

Added a definition to increase clarity of the term in later sections.

UCEDD

Added a definition for the University Center for Excellence in Developmental

Disabilities Education, Research and Service created under the federal Developmental
Disabilities Assistance and Bill of Rights Act.

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 DDRA Changes from Draft 1
August 27, 2009
Sec. 104. Rights

1. Added a right to freedom from abuse, neglect and exploitation including sexual, physical
and mental abuse. Sec. 104(b)(3)

Related change to “Definitions” section: Abuse, neglect and exploitation are defined in
§ 7-1901 (Adult Protective Services). Added these definitions to the draft DDRA, as
having the “same meaning” as in § 7-1901.

2. Added a right to receive information in an accessible manner and to voice complaints,

concerns and suggestions without interference or fear of reprisal. This provision restates
(c)(3) and (c)(4) to affirm these provisions as rights of the person, not just requirements
placed on agencies / providers. Sec. 104(b)(6) and Sec. 104(b)(7)

3. Added a right to access one’s own records. Sec. 104(b)(8)

4. Clarified that Sec. 104(c) describes the rights of people within the Developmental
Disabilities Administration (DDA) service system.

5. Added a requirement for agencies to provide training for staff on rights. Sec. 104(c)(6)

Note: Reworked the initial requirement on staff to become a requirement of providers.

6. Removed “(d) The rights provided under subsections (a), (b), and (c) of this section shall
be exercised on behalf of a minor by the minor’s parent or guardian.” With the addition
of the right to be free from abuse, neglect and exploitation, the right to receive
information in an accessible manner, and the right to voice concerns without fear of
reprisal, this statement is no longer appropriate.

7. Changed the provisions on movement from a less to more restrictive setting to become a
requirement for DDA to notify a person before any service change and to provide
information on how a person might challenge the change (as described in more detail in
the grievances section). Included a provision for exigent situations. Sec. 104(e)

8. In response to multiple concerns regarding the need to define “restricted procedures,” and
confusion over procedures used for “convenience,” and “standing orders,” the following
changes were made:

1. Added a definition of “restrictive procedure” to the Definitions section.

2. Created a new subsection (f) which prohibits a list of procedures, including any
procedure to control behavior which is not part of a behavior support plan and any
procedure used “solely for the convenience of staff.”

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 DDRA Changes from Draft 1
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Sec. 105
105. Rights of persons formerly committed and former Forest Haven residents.

1. Created a new section to clarify the right of persons formerly committed under D.C. Law
2-137 and of all Evans class members to receive services.

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 DDRA Changes from Draft 1
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Sec. 106.
106. Eligibility

1. Removed identification of whether the person “has the capacity to grant, refuse or
withdraw consent to any ongoing medical treatment” as this provision may unnecessarily
call into question a person’s capacity. Sec. 106(e)

2. Restructured Sec. 106(g) slightly for greater clarity regarding notices.

3. Deleted the discussion of the reasons a person might appeal a determination of

ineligibility (page 26, lines 13 to 16). Instead, the draft states that a determination of
ineligibility can be appealed. Sec. 106(i)(1)

4. Clarified that if a person asks for a second comprehensive screening, the comprehensive
screening process will be conducted by a different professional than the one who
conducted the initial process. Sec. 106(i)(1)

5. Clarified that seeking third-party payment for any assessments needed to complete an
eligibility determination should not delay the determination. Sec. 106(j)

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 DDRA Changes from Draft 1
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Sec. 107.
107. Advocate program

This section originally outlined an advocate program operated by the Superior Court, but has
been revised significantly to create an advocate program operated by one or more community-
based agencies. Key elements include:

1. The section creates an advocate program operated by one or more community-based

nonprofits to provide advocates to people with developmental disabilities who have been
found eligible for DDA services. Sec. 107(a)

2. The program is funded by the District but operated by one or more outside organizations
through a competitively-awarded grant or contract. The grant or contract may not be with
an organization that provides direct services. The review panel awarding the grant or
contract must include 2 or more persons with developmental disabilities, family members,
or community-based organization representatives. Sec. 107(b)

3. The advocate program serves adults age of 18 or older. Children should have a parent,
guardian, or foster parent, and some children may also have advocates through the CASA
(Court-Appointed Special Advocates) program. Sec. 107(c)

4. Advocates can be paid or volunteer. All advocates must complete a pre-employment

screening, a criminal background check, and a training course. Sec. 107(c)

5. The advocate program must engage in outreach to let people know about its services. Sec.
107(c)

6. Initial funding for the advocate program will be $500,000. Funds are to increase after the
first year. Sec. 107(p) However, the advocate program can set annual priorities for
services. A draft Statement of Annual Priorities and Objectives must be widely
disseminated for public comment by August 15 of each year. This is modeled after
regulations for the federal protection and advocacy program under the Developmental
Disabilities Assistance and Bill of Rights Act at 45 C.F.R. § 1386.23. Sec. 107(n)

7. Within 5 business days after DDA finds a person eligible for DDA services, DDA will
notify the advocate program. The advocate program will meet with the person within 10
business days, and will determine if the person wants an advocate and meets the criteria in
the Statement of Annual Priorities and Objectives within 20 business days. Sec. 107 (d)
and (e)

8. If a person wants an advocate and meets the criteria in the Statement of Annual Priorities
and Objectives, the advocate program will assign an advocate right away. An advocate
may be appointed to serve on an indefinite basis, or for a particular period of time or
course of action. Sec. 107(f)

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 DDRA Changes from Draft 1
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9. If a person does not want an advocate or does not meet the criteria, the advocate program
can provide information and referral to other advocacy programs, to legal services, and to
service providers. Sec. 107(g)

10. A person can choose not to have an advocate at any time. A person can also ask for a
different advocate and will be assigned a new advocate unless the program can show that
the requested change would cause significant difficulty or expense. Sec. 107(h) and (i)

11. The duties of an advocate are based on those under D.C. Law 2-137. Sec. 107(j) and (k)

12. An advocate is prohibited from sharing any confidential information or records about a
person. Sec. 107(l)

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 DDRA Changes from Draft 1
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Sec. 10
108. Legal services program.

This section is new. It creates legal services program operated by one or more community-based
agencies. Key elements include:

1. The section creates a legal services program operated by one or more community-based
nonprofits to provide attorneys to adults age 18 or older with developmental disabilities
who have been found eligible for DDA services. Sec. 108(a)

2. The program is funded by the District but operated by one or more outside organizations
through a competitively-awarded grant or contract. The grant or contract may not be with
an organization that provides direct services. The review panel awarding the grant or
contract must include 2 or more persons with developmental disabilities, family members,
or community-based organization representatives. Sec. 108(b)

3. Initial funding for the legal services program will be $500,000, and funds are to increase
after the first year. Sec. 108(k) However, the legal services program can set annual
priorities for services. A draft Statement of Annual Priorities and Objectives must be
widely disseminated for public comment by August 15 of each year. This is modeled after
regulations for the federal protection and advocacy program under the Developmental
Disabilities Assistance and Bill of Rights Act at 45 C.F.R. § 1386.23. Sec. 108(i) and (j)

4. Within 5 business days after DDA finds a person eligible for DDA services, DDA will
notify the legal services program. The legal services program will meet with the person
within 10 business days, and will determine if the person wants an attorney and meets the
criteria in the Statement of Annual Priorities and Objectives within 20 business days. Sec.
108(c)

5. If a person wants an attorney and meets the criteria in the Statement of Annual Priorities
and Objectives, the legal services program will assign an attorney right away. Sec. 108(d)

6. If a person does not want an attorney or does not meet the criteria, the legal services
program can provide information and referral to another legal services program, to an
advocacy program, and to service providers. Sec. 108(e)

7. An attorney cannot be precluded from representing the person in any proceeding under
this act including a proceeding before the Office of Administrative Hearings, the District
of Columbia Courts, and the federal courts. However, the attorney shall not be used in lieu
of counsel appointed under the Criminal Justice Act (§ 11-2601 et seq.). Sec. 108(f)

8. Unless a person objects, his or her attorney has the right to participate in meetings and
access records and providers relating to the person. Sec. 108(g)

9. The legal services program may employ attorneys on a full-time, part-time, temporary or
contractual basis. Attorneys are paid hourly at a rate that does not exceed the rate under
the Criminal Justice Act (§ 11-2601 et seq.). Sec. 108(h)

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 DDRA Changes from Draft 1
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Sec. 109.
109. Support and service planning.
lanning.

1. Added a requirement that a person determined to be eligible for supports and services
shall have an ISP (not just a person who receives supports and services). Sec. 106(b)

2. Restructured the discussion of items in an ISP to reduce confusion about initial versus
ongoing ISP requirements. Sec. 109(d)

3. Changed the requirement for the ISP to include opportunities for the person to learn of
and exercise his or her rights to refer to the person’s rights in general, not only the rights
provided in this act. Sec. 109(d)(2)

4. Clarified the requirement to describe a person’s financial and other resources in the initial
ISP as follows:

a. Removed the phrase “connections or needed connections” from Sec. 109(d)(3)

because it caused confusion.
b. Provided more detailed examples of what was meant by financial and other
resources under this section. Sec. 109(d)(3)

5. Consistently used the term “outcomes” in describing the elements of the ISP (as opposed
to “goals”) and distinguished between short-range, intermediate-range, and long-range
services.

6. Removed the phrase “[information on whether] an adult person has the capacity to grant,
refuse, or withdraw consent to any ongoing medical treatment and whether” because it
implies an overall presumption of incapacity. Instead ability to consent is evaluated on a
decision-by-decision basis under the Health Care Decisions Act. Sec. 109(d)(5)

7. Altered the wording of Sec. (d)(8) to be clearer about the list of providers that will
furnish each support and service.

8. Clarified the discussion of supports and services that may be delivered in the future. Sec.
109 (d)(10)

9. Moved language relating to waiting lists to a new section.

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 DDRA Changes from Draft 1
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Sec. 110.
110. Support coordination.
coordination.

1. Clarified the requirements related to voluntary and involuntary changes in a person’s

support coordinator:

a. If a person asks for a new support coordinator, DDA must provide a new support
coordinator within 21 calendar days, unless DDA provides clear and convincing
evidence that the change would cause significant difficulty or expense. Sec 110(b)

b. Before providing a new support coordinator, DDA can try to informally resolve the
person’s problems with his or her existing coordinator. Sec. 110(b)

c. A person can appeal DDA’s decision to not provide a new support coordinator to the
Office of Administrative Hearings. Sec. 110(b)

d. If the person’s support coordinator becomes unavailable (e.g., leaves DDA, goes on
temporary leave), DDA must notify the person within 1 business day. Sec. 110(c)

2. Substituted “outcomes” for “goals” in several places to conform to changes made to

Section 109. Sec. 110(d)

3. Restructured Sec. 110(g) to:

a. Reduce confusion about the timeline for when an ISP must be reviewed;
b. Clarify that a person must consent to a review if the review is requested by another
person;
c. Remove references to health-care decision related information, which is already
included in the ISP in Section 109.

4. Required DDS to issue regulations to prevent, reduce and remedy conflicts of interest for
support coordinators. Sec. 110(j)

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 DDRA Changes from Draft 1
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Sec. 111.
111. Supports and services.
ervices.

1. Clarified that DDA must seek to maximize federal funds “consistent with federal law.”
Sec. 111(a)

2. Clarified that the DDA is authorized to serve persons with developmental disabilities of
all ages by removing the reference to “persons age 18 and older”. Sec. 111(b)

3. Clarified DDA’s role in helping people to connect with other government agencies and
coordinate the various services they need and receive. Sec. 111(b)(2)

4. Clarified that DDA can provide temporary (90-day) supports and services to persons who
have been abused, neglected or exploited. Sec. 111(b)(8)

5. Strengthened the training requirement to include training on how a person can be an

active participant in the development, implementation and monitoring of his or her ISP.
Specified that training will include information on how to file a complaint and request a
hearing. Sec. 111(c)

6. Deleted research initiatives as being more properly the role of the Department of Health.
Sec. 111(d)

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 DDRA Changes from Draft 1
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Sec. 112.
112. Family supports
supports.
upports.

1. Clarified that DDA must seek to maximize federal funds “consistent with federal law.”
Sec. 112(a)

2. Clarified DDA’s role in helping people to connect with other government agencies and
coordinate the various services they need and receive. Sec. 112(b)(2)

3. Strengthened the training requirement to include training on how families can support a
person to be an active participant in the development, implementation and monitoring of
his or her ISP. Specified that training will include information on how to file a complaint
and request a hearing. Sec. 112(c)

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Sec. 113.
113. Family Support Council.

Restructured the Family Support Council in the following ways:

1. The Family Support Council will have 15 members who are family members and people
with developmental disabilities. Sec. 113(b)

2. The majority of members must be family members. Sec. 113(b)

3. The Family Support Council will try to have cross-representatives from key disability-
related boards & commissions (e.g., Special Education Advisory Panel, Interagency
Coordinating Council, Developmental Disabilities Council etc.). Sec. 113(b)

4. Members of the Family Support Council will be appointed by the DDA Deputy Director.
Sec. 113(c)

5. The Family Support Council will be chaired by a family member, chosen by the
members. Sec. 113(d)

6. Clarified that the Family Support Council “shall” (as opposed to “may”) take steps to
obtain widespread community input. Sec. 113(f)

7. The Family Support Council will be able to invite agency representatives and community
members to participate in meetings and committees. Sec. 113(g)

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Sec. 114
114. Waiting lists.

This is a new section which describes the circumstances under which DDS may operate a
waiting list for DDA services. This section moves the waiting list requirements established in the
Fiscal Year 2010 Budget Support Act of 2009 to Title I of the DDRA, and makes revisions to the
BSA language recommended by the DDRA Expert Review Panel and other stakeholders. Key
elements include:

1. If DDA is unable to provide supports and services to eligible people immediately upon
request, DDS shall establish one or more waiting lists for DDA services. Sec. 114(a)

2. People on waiting lists must receive services at a reasonable pace based on urgency of
needs, must receive services as resources become available, and must be kept up to date
on when they can expect to receive services. Sec. 114(a)

3. In establishing a waiting list, DDS must (Sec. 114(b)):

a. Justify the waiting list;

b. Identify how a person is placed on the waiting list and the criteria that determine
placement and rank on the waiting list;
c. Provide a process for a person on the waiting list to notify DDA if the criteria that
determined the person’s placement or rank on the waiting list change; and
d. Define and provide a process for identification of exigent circumstances in which
DDA will provide short-term supports and service or emergency access to waiting
list services.

4. DDS shall only place a person on a waiting list when DDA is unable to provide supports
and services immediately. Sec. 114(c)

5. DDS must provide a person who has been placed on a waiting list with information and
referral services. Sec. 114(c)

6. A person may appeal placement and rank on a waiting list to the Office of Administrative
Hearings, and shall be informed of this right in writing by DDS. Sec. 114(c)

7. Within 5 business days after placing a person on a waiting list DDS must notify the
person, explain why the person has been put on the waiting list, tell the person how long
he or she can expect to wait before receiving services, tell the person how to file an
appeal, and provide contact information for legal services and DDA. Sec. 114(d)

8. At least 4 times per year DDS must provide an update to each person on the waiting list.
Sec. 114(e)

9. DDS must publish quarterly and annual reports on the waiting list. Sec. 114(f) and (g)

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Sec. 115.
115. Capacity and decision-
decision-making supports; health-
health-care decisions.

1. Deleted heading “It shall be the policy of the District that…” which formed the preamble
to (a), (b), (c), (d).

2. Changed the order (moved subsection (b) up) to provide better flow.

3. Removed the subsection on informed consent as inconsistent with remainder of the

section. Renamed the entire section accordingly.

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Sec. 116.
116. Independent panel for administration of psychotropic medications.

1. Deleted the phrase “subject to appropriation” from Sec. 116(b)(1), relating to the
inclusion of an advance practice registered nurse on the independent panel. This language
was initially included in the Health-Care Decisions Act but was removed by the Council
in the Fiscal Year 2010 Budget Support Act of 2009.

2. Added requirements for regulations to include (Sec. 116(c)):

a. The right of the person to access the records that the panel will use to make its
decision;
b. The right of the person to ask questions at the meeting of the panel;
c. A requirement that the written decision of the panel include information about the
basis for the decision; and
d. A requirement that the written decision of the panel be accompanied by
information on how to request a review by the DDA Human Rights Advisory
Committee.

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Sec. 117. Complaints; requests for fair hearings.

This section was:

1. Renamed to reflect use of the term “complaint” as opposed to “grievance”; and

2. Restructured, including moving the subsection that describes the potential subjects of a
complaint to Section 118.

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Sec. 118. Internal problem resolution system; appeals of ineligibility.

1. Replaced the term “complaint” with “grievance” throughout this section, to reflect the fact
that the process described in the section is not a formal grievance process.

2. Used the term “problem resolution office” throughout the section to refer to the office
within DDS authorized to resolve complaints on behalf of DDA.

3. Added a requirement for the problem resolution office to have, at a minimum, a director
and 2 full-time employees. The office must maintain enough staff to carry out its duties.
Sec. 118(b)

4. Moved the description of the potential subjects of a complaint from Section 117 to Sec.
118(c). Added delays in services and denials or delays in access to records to the list of
potential subjects.

5. Added a requirement that the problem resolution office keep statistics on complaints and
share those data with the DDA quality improvement system. Sec. 118(g)

6. Clarified that the DDA Deputy Director must respond to an appeal of a determination of
ineligibility within 10 business days of receiving the appeal. Sec. 118(i)

7. Clarified that the DDS Director must respond to a request for an appeal of the DDA
Deputy Director’s determination of ineligibility within 10 business days from the date the
DDA Deputy Director issued a written response to the appeal. Sec. 118(i)

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Sec. 119. Petition for review of agency action under
under this act.

This is a new section which clarifies that a person may petition the Superior Court for review of
agency action under Title I of the DDRA. This section is modeled after the D.C. Superior Court
Rules of Civil Procedure, Agency Review Rules for the Superior Court, Rule 1. Superior Court
Review of Agency Orders Pursuant to D.C. Code 1981, Title 1, Chapter 6.

Key elements include:

1. A person (or the person’s attorney, advocate, parent, guardian, or other legal
representative) may file a petition for review of agency action with the Family Court.
Sec. 119(a)

2. The petition and any filings with the Court are privileged and confidential as if filed
under seal. Sec. 119(a)

3. The Court will conduct a hearing promptly. Hearings will be informal and will be closed
to the public unless the person asks for a hearing to be open to the public. Sec. 119(b)

4. The person may testify (but is not required to testify) and may call witnesses, present
evidence, and cross-examine opposing witnesses. Sec. 119(b)

5. DDA will have the burden of proof in this proceeding for all cases involving a
termination, reduction or delay of a service or benefit. In a proceeding in which a party is
proposing that DDA take action or grant a benefit, the party shall have the burden of
proof. Sec. 119(c)

6. Costs and expenses will be paid as follows (Sec. 119(d)):

a. The person shall be considered in forma pauperis; and

b. Witnesses will be paid the same fees and mileage as for attendance at Court.

7. Any order of the Court may be appealed in a like manner as other civil actions. Sec.
119(e)

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Sec. 12
120. Initiation of action to compel rights; civil remedy; sovereign immunity barred;
defense to action; payment of expenses.

1. Removed limitation on civil remedies to those supports and services which significantly
affect the quality of life of the person. This change is consistent with existing provisions
of D.C. Law 2-137. Sec. 120(b)

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Sec. 121. Deprivation of civil rights; liability; immunity; exceptions.

This new section is modeled after section 514 of D.C. Law 2-137 (D.C. Official Code § 7-
1305.14). It provides that:

No person shall be deprived of any civil right solely by reason of his or her having received
supports and services under this act. Sec. 121(a)

Any person who violates or abuses any rights or privileges protected by this act shall be
liable for damages as determined by law, for Court costs, and for reasonable attorneys’ fees.
Sec. 121(b)

Anyone who acts in good faith compliance is immune from civil or criminal liability.
However, the section does relieve any person from liability for acts of negligence,
misfeasance, nonfeasance, or malfeasance. Sec. 121(b)

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Sec. 122.
122. Records.
Records.

1. Restructured the beginning of the section to clarify that:

a. DDA must keep records on all people who are applying for or have been found
eligible for services and supports. Sec. 122(a)

b. A person has a right to access his or her records within 1 business day, which is
the same as under Medicaid. Sec. 122(a)

c. Requirements for record content apply to people who are receiving one or more
supports and/or services. Sec. 122(b)

2. Clarified that information can be disclosed when authorized by the person. Sec.
122(c)(1)(B)

3. Incorporated language from Colorado (Col. Rev. Stat. § 27-10.5-122(2)) authorizing

disclosure of information “to the extent necessary for the acquisition, provision,
oversight, or referral of services and supports.” Sec. 122(c)(1)(C)

4. Clarified that information can be disclosed for purposes of referral to the advocate
program. Sec. 122(c)(1)(C)

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Sec.
Sec. 123.
123. Quality standards and monitoring.

1. Clarified that interagency data sharing should include aggregate data on complaints. Sec.
123(b)

2. Added the DC Public Schools, the DC Public Charter Schools, the Child and Family
Services Administration, and the Department of Youth Rehabilitative Services to the list
of agencies with which the Developmental Disabilities Administration will coordinate
actions to address systemic problems. Sec. 123(b)(1)

3. Added a requirement for DDA to develop an emergency preparedness plan in

collaboration with the other government agencies that participate in the quality plan. Sec.
123(b)(5)

4. Added a requirement for DDA to create a publicly-available (on the internet and in print)
provider report card system by no later than 1 year after the law takes effect. Sec. 123(c)

5. Strengthened the language in item Sec. 123(b)(5) and (b)(6) to more clearly include
compliance by agencies and providers with all relevant DC and federal laws, regulations
and policies.

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Sec. 124.
124. Reporting and investigation of abuse, neglect and exploitation.

Added a new section to:

1. Require employees at the DDA and providers to report suspected abuse, neglect and
exploitation of persons who have been found eligible for DDA services that they
encounter in their professional capacity to both Adult Protective Services (APS) and
DDA. Sec. 124(a)

2. Exempt social workers and licensed health professionals who have a client or who report
to a lawyer representing a client who is the alleged perpetrator of the abuse or neglect.
This provision is consistent with a parallel exemption in the APS law (D.C. Official Code
§ 7-1903(b)). Sec. 124(b)

3. Establish requirements for the report consistent with APS law (D.C. Official Code § 7-
1903(c)). Sec. 124(c)

4. Require the Mayor to designate DDA to carry out investigations under the APS law for
persons who have been found eligible for DDA services, consistent with APS law (D.C.
Official Code § 7-1904(a)). Sec. 124(d)

5. Require the Mayor to designate DDA to ask the Attorney General to conduct an inquiry
and, if legally supportable, file a petition with the court for a protection order, consistent
with APS law (D.C. Official Code § 7-1906(a)). Sec. 124(d)

6. Require DDA to provide expedited access to temporary or permanent services if

expedited services would remedy or reduce the abuse, neglect, exploitation or self-
neglect. Sec. 124(e)

7. Require DDA to ensure that employees of DDA and providers have initial and annual
training on the requirements of being a mandatory reporter and how to identify abuse,
neglect and exploitation. Sec. 124(f)

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Sec. 125.
125. Checks of criminal background, abuse and neglect registries, and traffic record.

1. Removed “It shall be the policy of the District that…” from the opening statement
requiring criminal background checks. Sec. 125(a)

2. Added the advocate program, so that employees and volunteers of the advocate program
are subject to the requirements of this section. (multiple changes)

3. Added a requirement for DDA and providers to check the U.S. Department of Health and
Human Services, Office of the Inspector General, “List of Excluded Individuals /
Entities,” which lists individuals and entities individuals and entities currently excluded
from participation in Medicare, Medicaid and all Federal health care programs on the
basis of convictions for program-related fraud and patient abuse, licensing board actions
and default on Health Education Assistance Loans. Sec. 125 (c)(3) and Sec. 125(f)(4)

4. Amended Sec. 125 (f)(2) to permanently ban a person who has any of the felony
convictions listed from working as a paid employee at DDA or a provider agency, or as a
volunteer who has unsupervised contact with persons with developmental disabilities.
Also deleted rulemaking authority for DDA to identify additional offenses, since that
authority was primarily intended to expand what was originally a 7 year ban on the list of
felony offenses.

5. Deleted a requirement for DDA and providers to maintain a list of all positions subject to
the criminal background check requirement. Since all paid staff is subject to the
requirements, this provision was unnecessary. [Former Sec. 125(k)]

6. Added authority to establish through rulemaking requirements to check abuse and neglect
registries maintained by states. Sec. 125(c)(2) and Sec. 125(o)(1)

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Sec. 126
126. Registry of former employees terminated because of substantiated acts of abuse
or neglect and convictions.

1. Added a requirement for the Mayor, or the Mayor’s designee, to enter into interstate
agreements or compacts to permit DDA and providers to check names of current /
potential employees and volunteers against abuse/neglect registries maintained by other
states. Sec. 126(a)

2. Added the advocate program, so that employees and volunteers of the advocate program
are subject to the requirements of this section. (multiple changes)

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Sec. 127.
127. Services for persons found incompetent in a criminal case.

1. Changed civil commitment of persons found incompetent in a criminal case to be to the

care of DDS as opposed to DDA. (multiple changes)

2. Clarified that civil commitment of persons found incompetent in a criminal case applies
only to persons age 14 or older. This change ensures consistency between the provisions
of D.C. Law 2-137 and the provisions under the draft. Sec. 127(a) and Sec. 127(c)

3. Added a new subsection dealing with transfer from one residential setting to another,
modeled after the existing provisions of section 309 of D.C. Law 2-137 (D.C. Official
Code § 7-1303.09), but with the following changes:

a. DDA must provide 30 days’ advance notice of the transfer to the person, the
person’s attorney, the person’s advocate and the Court. Sec. 127(q)
b. A hearing is not mandatory and will be held only if requested by the person, the
attorney or a representative of the person within 10 days of receiving notice. Sec.
127(q)
c. The Court will review the transfer at the annual hearing. Sec 127(r)

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Sec. 128. Court-
Court-appointed advocates for persons found incompetent in a criminal case.

Added a new section requiring the Superior Court to provide advocates to people who are
committed to the care of the DDS after being found incompetent to stand trial in a criminal case.
This section is based on the advocacy program required in D.C. Law 2-137. Key changes from
D.C. Law 2-137 include:

1. A person can ask to have a new advocate. Sec. 128(c)

2. An advocate must advocate on the basis of the expressed preferences of the person or, if
the person’s preferences cannot be determined, advocate on the basis of the person’s best
interests. Sec. 128(d)

3. An advocate must complete a screening, a criminal background check, and a training

course in accordance with standards established by the Court. Sec. 128(h)

4. An advocate must limit his or her caseload to a reasonable size that generally permits at
least one visit with each person per month. Sec. 128(j)

5. In addition to providing advocates directly or through a contract with individuals or

organizations, the Court may also provide advocates through an agreement with DDS to
provide advocates through the District-funded advocate program. Sec. 128(j)

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Sec. 129.
29. Legislative
Legislative review and reporting.
reporting.

1. Added a requirement for the Mayor’s annual report to include data on the numbers of
people applying for services and whether people are found eligible. Sec. 120(a)(3)

2. Removed the requirement to provide service descriptions (formerly section (a)(4)).

3. Clarified that complaint data are for complaints filed with the DDS problem resolution
office. Added a requirement for reporting on appeals based on denials of ineligibility.
Sec. 129(a)(5)

4. Changed the requirement for an annual report card to be on the agency’s implementation
of the Comprehensive Developmental Disability Services Plan (as opposed to the
Mayor’s) and moved the requirement to the end of subsection (a) to reflect its new
location in Title I. Sec. 129(a)(8)

5. Added a requirement that the Mayor, 10 years after the legislation is enacted, conduct a
comprehensive review of the legislation to determine if it has met the goals and
objectives and to determine any if changes are needed to improve the legislation’s
effectiveness. The Mayor must submit recommendations to the Council. Sec. 129(b)

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Sec. 130. Plain language required; plans and reports to be made available to the public.

1. Added a requirement that all notices, letters, written information, plans, and reports
required under this act must be written in plain language. Changed the title of Section 130
to reflect this new requirement. Sec. 130(a)

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Sec. 132.
132. Comprehensive Developmental Disabilities Services Task Force.
Force.

1. Revised the process for appointing the Task Force as follows:

a. The DDS Director will appoint the Task Force members. Sec. 132(c)
b. The DDS Director will solicit nominations for the Task Force from the general
public. Sec. 132(c)
c. The DDS Director will publish a preliminary Task Force membership list and solicit
comments on the proposed membership, prior to making final appointments. The
Director will have 30 days to publish a proposed roster and 60 days to finalize the full
appointments. Sec. 132(c)

2. Revised the composition of the Task Force as follows:

a. In response to feedback that defining the composition of the Task Force by

percentages (e.g., 50% of this, 30% of that) was confusing, the composition is now
defined using numbers (8 people with DD, 4 family members, 3 community
members). Sec. 132(b)(1)
b. Included people currently receiving DDA services; Sec. 132(b)(1)(A)
c. The Task Force will try to include 1 person from each Ward of the District; Sec.
132(c)
d. Provided a suggested list of government agencies to participate in the Task Force, but
do not make it an exhaustive list. Allowed the agency Director or a designee to
participate. Sec. 132(b)(2)

3. In keeping with other changes to this section which make the Task Force a more informal
body than indicated in the December 18, 2008 draft DDRA:

a. Rules of procedure and bylaws were changed to be optional (as opposed to

mandatory). Sec. 132(h)
b. The reference to the District’s open meetings requirements was deleted (since the
Task Force will not be a Board or Commission). Instead, all meetings must be open to
the public and be widely publicized. Sec. 132(g)

4. Clarified that the Task Force “shall” (as opposed to “may”) take steps to obtain
widespread public input into the plan. Sec. 132(f)

5. The Drafting Subcommittee was asked to explore giving the Task Force a clear end date
(either after the regulations are done or within a year or possibly slightly longer). After
reviewing legislation establishing other one-time Task Forces in the District, which did
not have a legislated end date, no change to the draft was made.

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Sec. 133.
133. Comprehensive Developmental Disabilities Services Plan
Plan..

1. For readability, moved the statement of required work product of the Task Force to the
beginning of the section. Sec. 133(a)

2. For readability, streamlined the various elements of the Plan into a single subsection
(c)(3).

3. An earlier reference to a 10-year timeframe for building the District’s capacity to serve
residents with developmental disabilities caused confusion and was restated as building
the District’s “short- and long-term capacity” for greater clarity. Sec. 133(c)(3)(B)

4. Expanded the scope of work for the Task Force as follows:

a. To make recommendations for workforce development for direct support

professionals. This includes certification, training, pay, and benefits. Sec. 133(c)(3)(f)
b. To look at the unmet needs of parents with developmental disabilities. Sec. 133(b)(2)
c. To help DDS develop regulations to implement the recommendations of the Task
Force. Sec. 133(a)(3)

5. Clarified that the DDS Director “may” issue rules and take any other actions necessary to
implement the 2-year service expansions recommended in 133(b)(3)(A). Sec. 133(4)

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TITLE II. Transition from Admission and Commitment.

Commitment.

Title II is a new Title that creates a 3-year transition period after the DDRA takes effect.

During the transition period, everyone who is currently committed under D.C. Law 2-137 will
continue to be committed. People will have access to their same lawyers and advocates
appointed by the Superior Court and will continue to have an annual hearing before the Court.
However, no one new will be committed; instead, new people will go through the eligibility
process created in Title I of the DDRA.

At the end of the 3 years, the Mayor must certify that the District has created and adequately
funded the legal services program, the advocate program, and the problem resolution system
created under Title I of the DDRA (Title I of the DDRA also provides for Court review of
agency action through an informal hearing process). The Mayor must also provide a plan to
transition everyone to the new system under the DDRA.

The Council will hold a public hearing and can approve or disapprove the Mayor’s plan.

If the Council approves the Mayor’s plan, all commitment will end except for people who were
committed after being found incompetent to stand trial in a criminal case.

If the Council disapproves the Mayor’s plan, commitment will continue and the Mayor must
revise and submit the plan every 6 months until it meets Council approval.

When the transition has been completed and commitment has ended, the Court advocate program
will transfer to the District-funded advocate program in Title I of the DDRA. Additionally, the
legal services program created in Title I of the DDRA may hire on a full-time, part-time, or
contractual basis attorneys who were appointed by the Court to represent committed people. This
would allow a person to continue to be represented by the same lawyer, if the person wishes to
have the same lawyer.

The following pages provide details on key sections of Title II.

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Sec. 204. Transition period.

During the transition period, people will be considered committed to the care of DDS (as
opposed to being committed to a residential facility). This change was made because
commitment to a specific residential facility no longer reflects the way that DDA provides
services to people. This change will bring the law in line with actual practice.

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Sec. 205. New admission and commitment prohibited during transition period.

1. This section clarifies that no new people will be committed during the transition period.
Sec. 205(a)

2. Nothing in this section voids the commitment of a person who was committed after being
found incompetent in a criminal case. Sec. 205(b)

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Sec. 206. Preparation
Preparation for completion of transition period.

1. The Court and the District must work together with stakeholders to plan for completion
of the transition period. Sec. 206(a)

2. By 24 months after the act becomes law, the District must (Sec. 206(b)):

a. Prepare a work plan for transitioning people to the new system of advocates and
legal services under Title I of the DDRA; and
b. Survey everyone who is committed to determine their likely need for advocates
and legal services for the first 3 years after the transition period ends. The survey
must be conducted through a grant or contract (not directly by DDS or DDA).

3. During the transition period, the advocate program must educate people about the
changes in the law. Advocates and attorneys must help people to request termination of
their commitment, if a person wants his or her commitment to end. Sec. 206(c)

4. Nothing in this act voids the commitment of a person who was committed after being
found incompetent in a criminal case. During the transition period, hearings and
procedures for such persons will be conducted in accordance with Title I of the DDRA.
Sec. 206(d)

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Sec. 207. Completion of transition period.

1. Thirty-four months after this act becomes law, the Mayor must send the Council a plan
for ending the transition period. The Mayor must certify that (Sec. 207(a)):

a. The District has implemented the transition work plan;

b. The District has completed the survey;
c. The District has implemented the new advocate program required under Title I of
the DDRA and has provided the program with a funding increase that will pay for
advocates for everyone who has been identified as needing an advocate in the
survey;
d. The District has implemented the new legal services program required under Title
I of the DDRA and has provided the program with a funding increase that will
pay for attorneys for everyone who has been identified as needing an attorney in
the survey; and
e. The District has implemented the internal problem resolution system required
under Title I of the DDRA.

2. The Council will hold a public hearing on the Mayor’s plan within 45 days. Sec. 207(b)

3. The Council has 60 days total to adopt a disapproval resolution. If the Council does not
disapprove the Mayor’s plan, commitment will terminate for all people except for people
who were committed after being found incompetent to stand trial in a criminal case. Sec.
207(c)

4. If the Council disapproves the Mayor’s plan, commitment will remain for all people. The
Mayor must continue to revise and submit the plan to the Council every 6 months until
the Council approves the plan. Sec. 207(d)

5. The Mayor’s plan must be written in plain language and must be posted to the DDS web
site within 1 business day of being submitted to the Council. DDS must provide copies of
the plan to the public on request. Sec. 207(e)

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Sec. 208. Rights during transition period.

This section ensures that during the transition period, people who continue to be committed have
basic rights that are equivalent to their rights under D.C. Law 2-137. This section addresses
general rights. Rights under D.C. Law 2-137 that were specific to residents of facilities are not
included, since commitment will no longer be to a facility. Instead, people will have the same
rights provided under Title I of the DDRA. Key elements of this section include:

1. During the transition period, people will continue to have a right to services. This right
will continue after commitment ends as required in Title I of the DDRA. This is parallel
to D.C. Official Code § 7-1305.01. Sec. 208(a)

2. The fact that a person is committed shall not be relevant to other determinations of
competency. This is parallel to D.C. Official Code § 7-1303.13. Sec. 208(b)

3. A committed person retains all rights not specifically denied him or her under Title II,
including rights of habeas corpus and all rights provided under the Developmental
Disabilities Rights and Services Act of 2009. This is parallel to D.C. Official Code § 7-
1305.14. Sec. 208(c)

4. DDS and the Department of Mental Health must collaborate in providing services to
person with a dual diagnosis of intellectual disability and mental illness. This is parallel
to D.C. Official Code § 7-1305.15. Sec. 208(d)

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Sec. 209. Support planning during transition period.

This section clarifies that during the transition period, a person’s supports and services will be
planned using the new support planning process created in Title I of the DDRA.

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Sec. 210. Transfer during transition period.

This section provides for the transfer of a committed person from one residential setting to
another during the transition period. It parallels the transfer procedures in section 309 of D.C
Law 2-137 (D.C. Official Code § 7-1303.09), except that:

The Court will receive advance notice of the transfer, but will only hold a hearing if the
person objects to the transfer; and

Rather than evaluate transfers in terms of the “least restrictive alternative,” the Court will
evaluate transfers in terms of the “most integrated setting” which is defined in accordance
with the Supreme Court’s decision in Olmstead v. L.C. (527 U.S. 581) and implementing
regulations for the Americans with Disabilities Act (28 C.F.R. Part 35, App. A).

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Sec. 211. Request for termination of commitment during transition period.

This section allows a committed person to request termination of his or her commitment during
the transition period (Sec. 211(a)). If a person’s commitment terminates, he or she will no longer
be committed but it will continue to be the responsibility of the DDS to provide the person with
supports and services (Sec. 211(c)).

This section parallels the discharge procedures in section 308 of D.C Law 2-137 (D.C. Official
Code § 7-1303.08), section 304(b) (D.C. Official Code § 7-1303.04(b)) and section 306(a) (D.C.
Official Code § 7-1303.06(a)), except that:

The Superior Court must apply a standard of reasonable doubt to its determination of
whether a person meets the requirements for continued commitment (previously the
standard to be used by the Court was only partially defined). Sec. 211(b)

Requirements for continued commitment have been updated to reflect that commitment is
no longer to a facility. Sec. 211(b)

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Sec. 212. Annual hearing during transition period.

This section requires the Superior Court to hold an annual hearing to review a person’s
commitment, during the transition period.

This section parallels the annual hearing requirements in section 304(b) of D.C. Law 2-137 (D.C.
Official Code § 7-1303.04(b) except that:

The Court must apply a standard of reasonable doubt to its determination of whether a
person meets the requirements for continued commitment (previously the standard to be
used by the Court was only partially defined). Sec. 212(a)

Requirements for continued commitment have been updated to reflect that commitment is
no longer to a facility. Sec. 212(a)

As under D.C. Law 2-137, if a person’s commitment is terminated, he or she will no longer be
committed but it will continue to be the responsibility of the DDS to provide the person with
supports and services (Sec. 212(b)).

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Sec.
Sec. 213. Hearing procedures during transition period.

This section seeks to provide similar hearing procedures as those under D.C. Law 2-137. Key
elements include:

1. A request for a hearing begins with filing a petition with the Superior Court. This is
parallel to D.C. Official Code § 7-1304.01. Sec. 213(a)

2. People have the right to legal representation. The Court will appoint an attorney to
represent a person, if the person cannot pay for an attorney. Attorneys are paid at rates
established by the Court. This is parallel to D.C. Official Code § 7-1304.02. Sec. 213(b)

3. The DDS must provide a copy of the person’s ISP and a record of services. This is
parallel to D.C. Official Code § 7-1304.03, except that it does not include a
comprehensive evaluation as under D.C. Law 2-137 because most elements of the
comprehensive evaluation have been incorporated into the ISP. Sec. 213(c)

4. The Court will conduct a hearing promptly. Hearings are to be as informal as possible
and will be closed to the public unless the person asks for an open hearing. The person
may testify, but does not have to testify, and may call witnesses, present evidence, and
cross-examine opposing witnesses. These provisions are parallel to D.C. Official Code §§
7-1304.05, 7-1304.08, and 7-1304.06. Sec. 213(d)

5. Costs for expert witnesses, attorneys, and other witnesses will be paid by the Court as
under D.C. Law 2-137 (D.C. Official Code § 7-1304.12). Sec. 213(e)

6. Any commitment order of the Court may be appealed in a like manner as other civil
actions. This is parallel to D.C. Official Code § 7-1304.10. Sec. 213(f)

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Sec. 214. Court-
Court-appointed advocates during transition period.

This section requires the Superior Court to provide advocates to people who are committed. This
section is based on the advocacy program required in D.C. Law 2-137 (D.C. Official Code § 7-
1304.13). Key changes from D.C. Law 2-137 include:

1. A person can ask to have a new advocate. Sec. 214(b)

2. An advocate must advocate on the basis of the expressed preferences of the person or, if
the person’s preferences cannot be determined, to advocate on the basis of the person’s
best interests. Sec. 214(c)

3. An advocate must complete a screening, a criminal background check, and a training

course in accordance with standards established by the Court. Sec. 214(f)

4. An advocate must limit his or her caseload to a reasonable size that generally permits at
least one visit with each person per month. Sec. 214(g)

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Sec. 215. Transfer of functions upon completion of transition period.

This section describes how the advocacy and legal services functions provided by the Superior
Court during the transition period may be transferred to the new programs operated under Title I
of the DDRA. Key elements include:

1. When the transition period ends, all functions and records of the Court advocate program
will transfer to the new advocate program operated under Title I of the DDRA. Sec.
215(a)

2. Any employees of the Court advocacy program who are displaced will have the option of
working for the advocate program operated under Title I of the DDRA on a 6-month trial
basis. This is similar to the privatization contracts and procedures requirements under
D.C. Official Code § 2-130.05b. Sec. 215(b)

3. When the transition period ends, the new legal services program operated under Title I of
the DDRA may (Sec. 215(c)):

a. Employ on a full-time, part-time, or contractual basis any of the Court-appointed

attorneys who formerly represented people had been committed; and
b. Take into account the formerly committed person’s preferences in appointing an
attorney to represent the person. This is intended to encourage maintaining
existing attorney-client relationships.

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TITLE II
III. Amendments to the Department on Disability Services
Establishment Act of 2006

Title III includes a number of conforming amendments to the Department on Disability Services
Establishment Act of 2006. Key changes to Title III include the following:

1. Authorized the DDS Director, upon delegation by the Mayor, to enter into interstate
agreements or compacts to permit DDA and providers to check names of current and
potential employees and volunteers against abuse and neglect registries maintained by
other states. Sec. 302(d)

2. With regard to amendments relating to a new Sec. 107a, “Interagency coordination:”

Added the Department of Employment Services and the Office of Disability Rights to
the list of agencies with which the Department on Disability Services must develop
interagency agreements. (new Sec. 106a(b))

Added a requirement for each agency to have a point person / liaison with DDS. (new
Sec. 106(d)(4))

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TITLE IV.
IV. Conforming Amendments

Title IV includes a number of conforming amendments to various sections of the D.C. Code. Key
changes to Title IV include the following:

Sec. 402. Amendments to the Office of Administrative Hearings Establishment Act.

Act.

This section adds the Department on Disability Services to the list of agencies for which the
Office of Administrative Hearings adjudicates cases.

Sec. 403.
03. Amendments to the Adult Protective Services
Services Act of 1984.

This is a new section that requires employees at DDA and providers to report suspected abuse,
neglect and exploitation of persons who have been found eligible for DDA services that they
encounter in their professional capacity to both Adult Protective Services (APS) and DDA, and
to authorize DDA to conduct investigations on behalf of APS for people who have been found
eligible for DDA services. Key elements include:

1. Added definitions of “DDA,” “DDA employee,” and “DDA provider employee.” Sec.
403(a)

2. Amended the definition of incapacity to clarify that “Incapacity shall not be inferred from
the fact that an individual has a disability.” Sec. 403(a)

3. Added DDA employees and DDA provider employees to the list of mandatory reporters
of suspected abuse, neglect and exploitation and removed “court-appointed mental
retardation advocates” from the list. Sec. 403(b)

4. Added a requirement for the Mayor to designate DDA to carry out investigations under
the APS law for persons who have been found eligible for DDA services, consistent with
APS law (§ 7-1904(a)). Sec. 403(c)

5. Clarified that if an investigation is being carried out by DDA, a person can object to the
investigation unless the alleged perpetrator of the investigation is a DDA employee or
DDA provider employee. Sec. 403(c)

6. Clarified that a guardian shall be appointed only after considering less restrictive supports
and that any petition for a guardian shall be for the form of guardianship that is least
restrictive. Sec. 403(d) and Sec. 403(e)(2)

7. Added a requirement for the Mayor to designate DDA to ask the Attorney General to
conduct an inquiry and, if legally supportable, file a petition with the court for a
protection order, consistent with APS law (§ 7-1906(a)). Sec. 403(e)(1)

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 DDRA Changes from Draft 1
August 27, 2009
Sec. 404.
404.

Included a new amended to § 21-2011 to included the “expressed wishes” of the person in the
definition of “substituted judgment.” This is parallel to the changes in the definition of
“substituted judgment” in Title I of the DDRA.

Sec. 407.
407.

Deleted Subtitle H from the Fiscal Year 2010 Budget Support Act of 2009 (2nd Engrossed version
of Bill 18-203). This subtitle has been incorporated into Title I of the DDRA.

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 DDRA Changes from Draft 1
August 27, 2009

General Changes

1. Removed repeated references to the roles of parents of minor children, guardians and
durable power of attorney. Such references are unnecessary, because parents of minors
already have the right to make decisions for their children, and the District’s guardianship
law already gives a guardian the power to act on behalf of a person in specific ways.
Recently, the DC Council enacted a uniform guardianship law that addresses guardians
appointed in other jurisdictions.

2. Made numerous changes to references to advocacy and legal services in multiple

sections, to refer to the creation of the new advocate program and legal services program
in Title I of the DDRA.

3. Reorganized Title I of the DDRA by:

a. Adding new sections on the advocate program and legal services program;
b. Adding a new section on waiting lists;
c. Adding a new section on “deprivation of civil rights; liability; immunity;
exceptions,” modeled after section 514 (§ 7-1305.14) of D.C. Law 2-137;
d. Adding a new section on reporting of abuse, neglect and exploitation;
e. Adding a new section on Court-appointed advocates for persons who are
committed after being found incompetent to stand trial in a criminal case; and
f. Moving the two sections on the Comprehensive Task Force and Comprehensive
Plan to the end of Title I.

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