Developmental

Developmental Disabilities Reform Act

Draft 2, August 2009

Key Changes from Draft 1

The Developmental Disabilities Reform Act (DDRA) modernizes the District’s 1978 law on
services for residents with intellectual and developmental disabilities (D.C. Law 2-137).

Released in December 2008, Draft 1 of the DDRA was based on a series of community-wide
meetings and focus groups held during 2007-2008. From January to July 2009 residents with
developmental disabilities, families, advocates, lawyers, service providers and other stakeholders
participated in nearly 30 meetings to help review and revise Draft 1 to get it ready for
introduction by the D.C. Council. Draft 2 is the result of that work.

Nearly every section of the DDRA changed as a result of community input. A full description of
changes can be viewed at http://dc-ddleg.blogspot.com. Key changes from Draft 1 include:

Section Key Changes

General key
key changes:
104. Rights.
105. Rights of persons
formerly committed and
former Forest Haven residents.
110. Support coordination.
113. Family Support Council.
115. Waiting lists.
121. Deprivation of civil
rights; liability; immunity;
exceptions.
124. Reporting and
investigation of abuse, neglect
and exploitation.

Added the rights to receive information in an accessible manner, to
voice complaints without interference or fear of reprisal, and to access
one’s own records.

Added requirements for agencies to provide staff training on rights.

Clarified sections on prohibited and restrictive procedures.

All people who were committed under D.C. Law 2-137 and all former
Forest Haven residents (Evans class members) will have a right to
services for the rest of their lives.

Clarified requirements for changes in support coordinators. A person
will be notified within 1 day if his or her support coordinator changes,
and will have the right to ask for a new support coordinator.
Restructured the Family Support Council to:

Make it smaller (15 members) and only made up of family members
(majority) and people with developmental disabilities; and

Streamline the appointment process (the DDA Deputy Director will
appoint members, instead of the Office of Boards and Commissions).
This new section outlines when and how DDS may operate a waiting list
for DDA services. It moves the waiting list requirements in the Fiscal Year
2010 Budget Support Act of 2009 to the DDRA, with changes
recommended by the DDRA Expert Review Panel and others.
This new section is modeled after section 514 of D.C. Law 2-137 (D.C.
Official Code § 7-1305.14). It outlines civil and criminal liability for
violations of rights and privileges under this act.
This new section requires employees at the DDA and providers to report
suspected abuse, neglect and exploitation of persons who have been found
eligible for DDA services.
Section
125. Checks of criminal
background, abuse and neglect permanently barred from employment at the DDA or a provider.
registries, and traffic record.
128. Court-appointed
advocates for persons found
incompetent in a criminal case. trial in a criminal case.
132. Comprehensive
Developmental Disabilities
Services Task Force.
Transition from commitment and new advocacy and legal services programs:
TITLE II: Transition from
Admission and Commitment.
TITLE I, Sec. 119. Petition
for review of agency action
under this act.
TITLE I, Sec. 107. Advocate
program
TITLE I, Sec. 108. Legal
services program.
Key Changes
A person with any of the felony convictions listed in this section will be
This new section requires the Superior Court to provide advocates to
people who are committed to DDS after being found incompetent to stand
This section and the section on the Comprehensive Plan were moved to the
end of Title I. This section was also revised significantly to streamline
Task Force appointments and operations.
programs:
This new Title describes how commitment of people to DDA facilities
through the Superior Court will phase out during a 3-year transition period
if the District meets certain benchmarks:

During the 3 years, all people wishing to will remain committed and will
have the same court-appointed attorney, advocate, and annual hearing
with the Family Court. However, no new people will be committed.

At the end of 3 years, the Mayor must certify that the District can
provide attorneys and advocates to everyone who is committed and
needs an attorney or advocate. The DDRA includes options for people to
keep the same attorney and advocate, if commitment ends.

The D.C. Council will hold a hearing and can approve or disapprove the
Mayor’s plan. If the Council approves the plan, commitment will end. If
the Council disapproves the plan, all people will stay committed until
the Mayor submits a plan that the Council approves.

If commitment ends, all people who were committed will keep their
right to services for the rest of their lives.
This new section clarifies that a person may petition the Superior Court for
review of agency action under Title I of the DDRA. It 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.

Advocates will be provided by community-based organizations through
competitively-awarded grants or contracts with the District.

Funding will be $500,000 for the first year.
This new section provides attorneys by community-based organizations
through competitively-awarded grants or contracts with the District:

As noted above, for the first 3 years everyone will continue to be
committed. Therefore, this new program will work in parallel to the
Superior Court for the first 3 years.

The legal services program will have the option of hiring (on a full-time,
part-time, or contractual basis) attorneys who currently represent
committed people at the Superior Court. This will allow for continuity in
the attorney-client relationship.

Funding will be $500,000 for the first year.

For Draft 2 and related documents, visit http://dc-ddleg.blogspot.com. For more information
contact the DDS MAC Legislative Committee c/o tjsutcliffe@arcdc.net or (202) 636-2963.