§ 21-541 — Petition to Commission; copy to person affected.

District of Columbia § 21-541

• Jurisdiction: District of Columbia
• Title 21: Fiduciary Relations and Persons with Mental Illness. [Enacted title]
• Ch. 5: Hospitalization of Persons with Mental Illness.
• Subch. IV: Commitment Under Court Order.

Text

(a) Proceedings for the judicial commitment of a person in the District of Columbia may be commenced by the filing of a petition with the Commission by his spouse, parent, or legal guardian, by a physician or a qualified psychologist, by a duly accredited officer or agent of the Department, by the Director of the Department or the Director’s designee, or by an officer authorized to make arrests in the District of Columbia. The petition shall be accompanied by:

(1) a certificate of a physician or qualified psychologist stating that he has examined the person and is of the opinion that the person is mentally ill, and because of the illness is likely to injure himself or other persons if not committed; or

(2) a sworn written statement by the petitioner that:

(A) the petitioner has good reason to believe that the person is mentally ill, and, because of the illness, is likely to injure himself or other persons if not committed; and

(B) the person has refused to submit to examination by a physician or qualified psychologist.

(a-1) Except for those petitions filed by the Department, all petitions seeking commitment of a person to the Department shall be served upon the Director of the Department or their designee.

(b) Within 3 days after the Department receives a petition filed under subsection (a) of this section, the Department shall serve a copy of the petition on the person with respect to whom it was filed by:

(1) personally serving the person with a copy of the petition;

(2) mailing a copy of the petition to the person's last known home address; or

(3) delivering a copy of the petition to the person's last known home or business address and leaving it with someone of suitable age and discretion who resides or is employed there and who attests that the person with respect to whom the petition was filed also resides there.

(c) If the petition is served via a method authorized under subsection (b)(2) or (b)(3) of this section, the petition shall be sealed in an envelope and conspicuously marked with the following statement: IMPORTANT LEGAL DOCUMENTS - TO BE OPENED ONLY BY THE INDIVIDUAL NAMED ON THIS ENVELOPE".

Legislative History

Sept. 14, 1965, 79 Stat. 754, Pub. L. 89-183, § 1; Feb. 24, 1984, D.C. Law 5-48, § 11(a)(12), 30 DCR 5778; Apr. 30, 1988, D.C. Law 7-104, § 6(g), 35 DCR 147; Dec. 18, 2001, D.C. Law 14-56, § 116(g)(2), 48 DCR 7674; April 4, 2003, D.C. Law 14-283, § 2(p), 50 DCR 917; Mar. 13, 2004, D.C. Law 15-105, § 57, 51 DCR 881