Current through codified legislation effective October 30, 2024
Section 7-1305.03 - Least restrictive conditions(a) Persons shall have a right to the least restrictive conditions necessary and available to achieve the purposes of habilitation. To this end, the residential facility shall move persons from: (1) More to less structured living;(2) Larger to smaller facilities;(3) Larger to smaller living units;(4) Group to person residence;(5) Segregated to integrated community living; or(6) Dependent to independent living.(b) If at any time the Director decides that a person should be transferred out of the facility to a less restrictive environment, he or she shall immediately notify the Court pursuant to section 309. Notice shall be provided to the person, the person's counsel, the person's advocate for a person with an intellectual disability, if one has been appointed, and the person's parent or guardian who petitioned for the commitment.Mar. 3, 1979, D.C. Law 2-137, § 503, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(o), 42 DCR 3684; Sept. 26, 2012, D.C. Law 19-169, § 17(ff), 59 DCR 5567; May 5, 2018, D.C. Law 22-93, § 201(c)(30), 65 DCR 2823.Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.