Examinations; adjudications; laws applicable; expense of care and treatment

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(a) The Superintendent of Saint Elizabeths Hospital shall promptly examine a person committed as provided by sections 21-902 and 21-903, and, if not found to have a mental illness, shall forthwith discharge him, or, if found to have a mental illness, shall return him to the State of his residence or to his relatives, if practicable.

(b) Proceedings for the adjudication of a person referred to by subsection (a) of this section, or of a person admitted to the hospital pursuant to section 21-904, as a person with a mental illness, and for the appointment of a committee of his person or property, may be instituted in the Superior Court of the District of Columbia by the Secretary of Health and Human Services or by a party interest. The laws of the District of Columbia apply to the proceedings. This chapter does not impose upon the District of Columbia the expense of care and treatment of a person apprehended, detained, or committed under this chapter, unless the person is a resident of the District of Columbia as defined by subsection (b) of section 21-551.

(Sept. 14, 1965, 79 Stat. 765, Pub. L. 89-183, § 1; July 29, 1970, 84 Stat. 568, Pub. L. 91-358, title I, § 150(f); Apr. 30, 1988, D.C. Law 7-104, § 6(i), 35 DCR 147; Sept. 26, 2012, D.C. Law 19-169, § 21(d)(6), 59 DCR 5567.)

Prior Codifications

1981 Ed., § 21-906.

1973 Ed., § 21-906.

Section References

This section is referenced in § 21-904.

Effect of Amendments

The 2012 amendment by D.C. Law 19-169 substituted “found to have a mental illness” for “found to be mentally ill” in (a); and substituted “person with mental illness” for “mentally ill person” in the first sentence of (b).

Editor's Notes

Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.


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