§ 21-546 — Periodic examinations of committed patients; procedure for examination and detention or release; petition to court.

District of Columbia § 21-546

• 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) A person who has been committed for treatment pursuant to § 21-545 or § 21-545.01 shall be monitored by the chief clinical officer or the chief of service for the facility, hospital, or mental health provider to which the person has been committed. In doing so, the chief or service or chief clinical officer shall:

(1) Arrange for, at least every 90 days from the date on which the order was issued under § 21-545 or the date on which the renewed period of commitment begins pursuant to an order issued under § 21-545.01 , an examination of the mental health of the committed person by a psychiatrist or qualified psychologist; and

(2) Promptly consider the reports of the psychiatrists or qualified psychologists conducting the examination, and order the committed person’s immediate release from the commitment if the person is no longer mentally ill to the extent that the person is likely to injure himself or other persons if not committed.

(b) At the conclusion of an examination conducted pursuant to subsection (a)(1) of this section, the psychiatrist or qualified psychologist shall:

(1) Report his opinion as to whether the committed person is mentally ill and, if mentally ill, whether the committed person is likely to injure himself or others if not committed; and

(2) Determine whether the committed person is being treated in the least restrictive alternative possible and, if not, identify the least restrictive alternative for the committed person at that time.

(1) Within 180 days from the date on which the order was issued under § 21-545 or the date on which the renewed period of commitment begins pursuant to an order issued under § 21-545.01 , and at the committed person’s own expense, the committed person may have an independent examination conducted by a psychiatrist or qualified psychologist obtained by the committed person. If a committed person who is indigent makes a written request for assistance with an examination under this section, the chief clinical officer shall assist the person in obtaining a psychiatrist or qualified psychologist to conduct the independent examination. A psychiatrist or qualified psychologist so obtained by an indigent person shall be compensated for his services out of any unobligated funds of the Department in an amount determined by the Department to be fair and reasonable.

(2) A psychiatrist or qualified psychologist who conducts an independent examination of the committed person under this subsection shall submit a report that includes his opinion as to whether the committed person is:

(A) Mentally ill;

(B) Likely to injure himself or others as a result of mental illness if not committed; and

(C) Being treated in the least restrictive alternative possible.

(3) If the psychiatrist or qualified psychologist who conducted the independent examination determines that the committed person is not being treated in the least restrictive alternative possible, he shall identify the least restrictive treatment appropriate for the committed person at that time.

(1) If the chief clinical officer of the Department or the chief of service for the facility, hospital, or mental health provider, after considering the reports of the psychiatrists or qualified psychologists conducting the examination pursuant to subsection (a)(1) of this section, determines that the committed person continues to be mentally ill to the extent that the person is likely to injure himself or other persons if not committed, but one or more of the psychiatrists or qualified psychologists who conducted independent examinations under subsection (c) of this section reports that the committed person is not mentally ill to that extent, the committed person may request a change of status or discharge from the chief clinical officer of the Department or the chief of service for the facility, hospital, or mental health provider, and, if denied, may petition the court for an order directing the person’s release.

(2) If the reports of the psychiatrists or qualified psychologists who have examined the committed person under subsection (a) or subsection (c) of this section identify less restrictive treatment alternatives for the committed person and the chief clinical officer of the Department or the chief of service for the hospital, facility, or mental health provider does not implement the less restrictive form of treatment within 30 days of receipt of the report, the committed person may petition the court for an order directing the person’s release to a less restrictive form of commitment.

(3) A petition filed with the court under this subsection shall be accompanied by the reports of the psychiatrists or qualified psychologists who conducted the examinations of the committed person, whether on behalf of the Department, hospital, or provider, or on behalf of the committed person.

(e) If the chief clinical officer of the Department or the chief of service for the facility, hospital, or mental health provider, after considering the reports of psychiatrists or qualified psychologists conducting an examination pursuant to subsections (a)(1) or (c)(1) of this section, orders the committed person’s release from the commitment pursuant to subsections (a)(2) or (d)(1) of this section, then the chief clinical officer of the Department or the chief of service for the facility, hospital, or mental health provider shall promptly notify the court that ordered the commitment of that fact. If, as a result of a report of the psychiatrists or qualified psychologists conducting an examination pursuant to subsections (a)(1) or (c)(1) of this section, the committed person is moved from an inpatient treatment setting to a less restrictive treatment setting, the chief clinical officer of the Department or the chief of service for the facility, hospital, or mental health provider shall promptly notify the court that ordered the commitment of that fact.

Legislative History

Sept. 14, 1965, 79 Stat. 756, Pub. L. 89-183, § 1; Feb 24, 1984, D.C. Law 5-48, § 11(a)(13), 30 DCR 5778; Apr. 30, 1988, D.C. Law 7-104, § 6(h), 35 DCR 147; Mar. 24, 1998, D.C. Law 12-81, § 14(i), 45 DCR 745; Dec. 18, 2001, D.C. Law 14-56, § 116(g)(3), 48 DCR 7674; Apr. 4, 2003, D.C. Law 14-283, § 2(v), 50 DCR 917