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Subchapter I—Definitions; Commission on Mental Health §21-501. Definitions As used in the chapter: "administrator" means a person in charge of a public or private hospital or his delegate I .. . "chief of service means the physician charged with overall responsibility for the professional program of care and treatment in the particular administrative unit of the hospital to which the patient has been admitted or such other member of the medical staff as the chief of service designates; "Commission" means the Commission on Mental Health; "court" means the United States District Court for the District of Columbia; j "mental illness" means a psychosis or other disease which substantially impairs the mental health of a person; "mentally ill person" means a person who has a mental illness, but does not include a person committed to a private or public hospital in the District of Columbia by order of the court in a criminal proceeding; "physician" means a person licensed under the laws of the District of Columbia to practice medicine, or a person who practices medicine in the employment of the Government of the United States or of the District of Columbia; "private hospital" means a nongovernmental hospital or institution, or part thereof, in the District of Columbia, equipped and qualified to provide inpatient care and treatment for a person suffering from a physical or mental illness; and "public hospital" means a hospital or institution, or part thereof, in the District of Columbia, owned and operated by the Government of the United States or of the District of Columbia, equipped and Qualified to provide inpatient care and treatment for persons suffering trom physical or mental illness. §21-502. Commission on Mental Health; composition; appointment and terms of members; organization; chairman; salaries (a) The Commission on Mental Health is continued. The United States District Court for the District of Columbia shall appoint the members of the Commission, and the Commission shall be composed of nine members. One member shall be a member of the bar of the court, who has engaged in active practice of law in the District of Columbia for a period of at least five years prior to his appointment. He shall be the Chairman of the Commission and act as the administrative head of the Commission and its staff. H e shall preside at all hearings and direct all of the proceedings before the Commission. H e shall devote his entire time to the work of the Commission. Eight members of the Commission shall be physicians who have been practicing medicine in the District of Columbia and who have had not less than five years' experience in the diagnosis and treatment of mental illnesses. (b) Appointment of members of the Commission shall be for terms of four years each, which shall be staggered as provided by section 2 of the Act approved June 8, 1938 (chapter 326, 52 Stat. ^//Stat. 953. 625), under which, except for the original four-year term of the 954. lawyer-member, staggered terms of one year for two members, two years for two members, three years for two members, and four years for two members, were made. (c) The physician-members of the Commission shall serve on a part-time basis and shall be rotated by assignment of the Chief

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Jud^e of the court, so that at any one time the Commission shall consist of the Chairman and two physician-members. Physicianmembers of the Commission may practice their profession during their tenure of office, but may not participate in the disposition of the case of a person in which they have rendered professional service or advice. (d) The court shall also appoint an alternate lawyer-member of the Commission who shall have the same qualifications as the lawyermember of the Commission and who shall serve on a part-time basis and act as Chairman in the absence of the permanent Chairman. (e) The salaries of the members of the Commission and its employees shall be fixed in accordance with the provisions of the Classification Act of 1949, as amended. The alternate Chairman shall be paid on a per diem basis at the same rate of compensation as fixed for the permanent Chairman. §21-503. Examinations and hearings; subpenas; witnesses; place (a) The Commission shall examine alleged mentally ill persons, inquire into their affairs and the affairs of persons who may be legally liable for their support, and make reports and recommendations to the court. (b) Except as otherwise provided by this chapter, the Commission may conduct its examinations and hearings either at the courthouse or elsewhere at its discretion. The court may issue subpenas at the request of the Commission returnable before the Commission, for the appearance of the alleged mentally ill person, witnesses, and persons who may be liable for his support. The Commission, or any of the members thereof, are competent and compellable witnesses at any trial, hearing, or other proceeding conducted pursuant to this chapter and the physician-patient privilege is not applicable. Subchapter II—Voluntary and Nonprotesting Hospitalization § 21-511. Voluntary hospitalization A person may apply to a public or private hospital in the District of Columbia for admission to the hospital as a voluntary patient for the purposes of observation, diagnosis, and care and treatment of a mental illness. Upon the request of such a person 18 years of age or over, or, in the case of a person under 18 years of age, of his spouse, parent, or legal guardian, the administrator of the public hospital to which application is made shall, if an examination by an admitting psychiatrist reveals the need for hospitalization, or the administrator of the private hospital to which application is made may, admit the person as a voluntary patient to the hospital for the purposes described by this section, in a<xordance with this chapter. § 21-512. Release of voluntary patients (a) A voluntary patient admitted to a hospital pursuant to section 21-511 may, at any time, if he is 18 years of age or over, obtain his release from the hospital by filing a written request with the chief of service. Within a period of 48 hours after the receipt of the request, the chief of service shall release the patient making the request. A voluntary patient under 18 years of age, so admitted, may, at any time, obtain his release from the hospital in the same manner, upon the written request of his spouse, parent, or legal guardian. (b) When the chief of service determines that a voluntary patient hospitalized pursuant to section 21-511 has recovered or that continued hospitalization of the patient is no longer beneficial to him, or advisable, the chief of service may release him from the hospital.

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§ 21-513. Hospitalization of nonprotesting persons A friend or relative of a person believed to be suffering from a mental illness may apply on behalf of that person to the admitting psychiatrist of a hospital by presenting the person, together with a referral from a practicing physician. For the purpose of examination and treatment, a private hospital may accept a person so presented and referred, and a public hospital shall accept a person so presented and referred, if, in the judgment of the admitting psychiatrist, the need for examination and treatment is indicated on the basis of the person's mental condition and the person signs a statement at the time of the admission stating that he does not object to hospitalization. The statement shall contain in simple, nontechnical language the fact that the person is to be hospitalized and a description of the right to release set out in section 21-514. The admitting psychiatrist may admit a person so presented, without referral from a practicing physician, if the need for an immediate admission is apparent to the admitting psychiatrist upon preliminary examination. § 21-514. Release of patients hospitalized under section 21-513 Unless proceedings for hospitalization under court order have been initiated under subchapter IV of this chapter, a hospital, upon the written request of a patient hospitalized pursuant to section 21-513, shall immediately release him. Subchapter III—Emergency Hospitalization § 21-521. Detention of persons believed to be mentally ill; transportation and application to hospital An accredited officer or agent of the Department of Public Health of the District of Columbia, or an officer authorized to make arrests in the District of Columbia, or the family physician of the person in question, who has reason to believe that a person is mentally ill and, because of the illness, is likely to injure himself or others if he is not immediately detained may, without a warrant, take the person into custody, transport him to a public or private hospital, and make application for his admission thereto for purposes of emergency observation and diagnosis. The application shall reveal the circumstances under which the person was taken into custody and the reasons therefor. § 21-522. Examination and admission to hospital; notice Subject to the provisions of section 21-523, the administrator of a private hospital, may, and the administrator of a public hospital shall, admit and detain for purposes of emergency observation and diagnosis a person with respect to whom application is made under section 2 1 521, if the application is accompanied by a certificate of a psychiatrist on duty at the hospital stating that he has examined the person and is of the opinion that he has symptoms of a mental illness and, as a result thereof, is likely to injure himself or others unless he is immediately hospitalized. Not later than 24 hours after the admission pursuant to this subchapter of a person to a hospital, the administrator of the hospital shall serve notice of the admission, by registered mail, to the spouse, parent, or legal guardian of the person and to the Commission on Mental Health. § 21-523. Court order requirement for hospital detention beyond 48 hours; maximum period for observation A person admitted to a hospital under section 21-522 may not be detained in the hospital for a period in excess of 48 hours from the time of his admission, unless the administrator of the hospital has, within that period, filed a written petition with the court for an order

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authorizing the continued hospitalization of the person for emergency observation and diagnosis for a period not to exceed 7 days from the time the order is entered. § 21-524. Determination and order of court (a) Within a period of 24 hours after the court receives a petition for hospitalization of a person for emergency observation and diagnosis, filed by the administrator of a hospital pursuant to section 21-523, the court shall: (1) order the hospitalization; or (2) order the person's immediate release, (b) The court, in making its determination under this section, shall consider the written reports of the agent, officer, or physician who made the application under section 21-522, the certificate of the examining psychiatrist which accompanied it, and any other relevant information. §21-525. Hearing by court The court shall grant a hearing to. a person whose continued hospitalization is ordered under section 21-524, if he requests the hearing. The hearing shall be held within 24 hours after receipt of the request. § 21-526. Extension of maximum periods of time If the maximum period of time prescribed by section 21-512,21-523, 21-524, or 21-525, during which an action or determination may or shall be taken, expires on a Saturday, Sunday, or legal holiday, the period may be extended to not later than noon of the next succeeding day which is not a Saturday, Sunday, or legal holiday. § 21-527. Examination and release of person; notice The chief of service of a hospital in which a person is hospitalized under a court order entered pursuant to section 21-524 shall, within 48 hours after the order is entered, have the person examined by a physician. If the physician, after his examination, certifies that m his opinion the person is not mentally ill to the extent that he is likely to injure himself or others if not presently detained, the person shall be immediately released. The chief of service shall, within 48 hours after the examination has been completed, send a copy of the results thereof by certified or registered mail to the spouse, parents, attornej^, legal guardian, or nearest known adult relative of the person examined. § 21-528. Detention of person pending judicial proceedings Notwithstanding any other provision of this subchapter, the administrator of a hospital in which a person is hospitalized under this subchapter may, if judicial proceedings for his hospitalization have been commenced under subchapter IV of this chapter, detain the person in the hospital during the course of the judicial proceedings. Subchapter IV—Hospitalization Under Court Order § 21-541. Petition to Commission; copy to person affected (a) Proceedings for the judicial hospitalization of a person in the District of Columbia may be commenced by the filing of a petition with the Commission on Mental Health by his spouse, parent, or legal guardian, by a physician, by a duly accredited officer or agent of the Department of Public Health, 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 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 allowed to remain at liberty; or

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(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 allowed to remain at liberty; and (B) the person has refused to submit to examination by a physician. (b) Within three days after the Commission receives a petition filed under subsection (a) of this section, the Commission shall send a copy of the petition by registered mail to the person with respect to whom it was filed. § 21-542. Hearing by Commission; presence and rights of person aifected; hearing regarding liability (a) The Commission shall promptly examine a person alleged to be mentally ill after the filing of a petition under section 21-541 and shall thereafter promptly hold a hearing on the issue of his mental illness. The hearing shall be conducted in as informal a manner as may be consistent with orderly procedure and in a physical setting not likely to have a harmful effect on the mental health of the person named in such petition. I n conducting the hearing, the Commission shall hear testimony of any person whose testimony may be relevant and shall receive all relevant evidence which may be offered. A person with respect to whom a hearing is held under this section may, in his discretion, be present at the hearing, to testify, and to present and cross-examine witnesses. (b) The Commission shall also hold a hearing in order to determine liability under the provisions of section 21-586 for the expenses of hospitalization of the alleged mentally ill person, if it is determined that he is mentally ill and should be hospitalized as provided under this chapter. The hearing may be conducted separately from the hearing on the issue of mental illness. If conducted separately, it may be conducted by the Chairman of the Commission alone. § 21-543. Representation by counsel; compensation; recess The alleged mentally ill person shall be represented by counsel in any proceeding before the Commission or the court, and if he fails or refuses to obtain counsel, the court shall appoint counsel to represent him. The counsel so appointed shall be awarded compensation by the court for his services in an amount determined by it to be fair and reasonable. The compensation shall be charged against the estate of the individual for whom the counsel was appointed, or against any unobligated funds of the Commission, as the court in its discretion directs. The Commission or the court, as the case may be, shall, at the request of the counsel so appointed, grant a recess in the proceeding to give the counsel an opportunity to prepare his case. A recess may not be granted for more than five days. §21-544. Determinations of Commission; report to court; copy to person affected; right to jury trial If the Commission finds, after a hearing under section 21-542, that the person with respect to whom the hearing was held is not mentally ill or if mentally ill, is not mentally ill to the extent that he is likely to injure himself or other persons if allowed to remain at liberty, the Commission shall immediately order his release and notify the court of that fact in writing. If the Commission finds, after the hearing, that the person with respect to whom the hearing was held is mentally ill, and because of the illness is likely to injure himself or other persons if allowed to remain at liberty, the Commission shall promptly report that fact, in writing, to the United States District Court for the District of Columbia. The report shall contain the Commission's find-

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ings of fact, conclusions of law, and recommendations. A copy of the report of the Commission shall be served personally on the alleged mentally ill person and his attorney. An alleged mentally ill person with respect to whom the report is made has the right to demand a jury trial, and the Commission, orally and in writing, shall advise him of this right. §21-545. Hearing and determination by court or jury; order; witnesses; jurors (a) Upon the receipt by the court of a report referred to in section 21-544, the court shall promptly set the matter for hearing and shall cause a written notice of the time and place of the final hearing to be served personally upon the person with respect to whom the report was made and his attorney, together with notice that he has five days following the date on which he is so served within which to demand a jury trial. The demand may be made by the person or by anyone in his behalf. If a jury trial is demanded within the five-day period, it shall be accorded by the court with all reasonable speed. If a timely demand for jury trial is not made, the court shall determine the person's mental condition on the basis of the report of the Commission, or on such further evidence in addition to the report as the court requires. (b) If the court or jury, as the case may be, finds that the person is not mentally ill, the court shall dismiss the petition and"order his release. If the court or jury finds that the person is mentally ill and, because of that illness, is likely to injure himself or other persons if allowed to remain at liberty, the court may order his hospitalization for an indeterminate period, or order any other alternative course of treatment which the court believes will be in the best interests of the person or of the public. The Commission, or a member thereof, shall be competent and compellable witnesses at a hearing or jury trial held pursuant to this chapter. The jury to be used in any case where a jury trial is demanded under this chapter shall be impaneled, upon order of the court, from the jurors in attendance upon other branches of the court, who shall perform the services in addition to and as part of their duties in the court. §21-546. Periodic requests for examination of hospitalized patient; procedure for examination and detention or release; petition to court (a) A patient hospitalized pursuant to a court order obtained under section 21-545, or his attorney, legal guardian, spouse, parent, or other nearest adult relative, may, upon the expiration of 90 days following the order and not more frequently than every 6 months thereafter, request, in writing, the chief of service of the hospital in which the patient is hospitalized, to have a current examination of his mental condition made by one or more physicians. If the request is timely it shall be granted. The patient may, at his own expense, have a duly qualified physician participate in the examination. In the case of such a patient who is indigent, the Department of Public Health shall, upon the written request of the patient, assist him in obtaining a duly qualified physician to participate in the examination in the atient's behalf. A physician so obtained by an indigent patient shall e compensated for his services out of any unobligated funds of Department of Public Health in an amount determined by it to be fair and reasonable. If the chief of service, after considering the reports of the physicians conducting the examination, determines that the patient is no longer mentally ill to the extent that he is likely to injure himself or other persons if not hospitalized, the chief of service shall order the immediate release of the patient. However, if the chief

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of service, after considering the reports, determines that the patient continues to be mentally ill to the extent that he is likely to injure himself or other persons if not hospitalized, but one or more of the physicians participating in the examination reports that the patient is not mentally ill to that extent, the patient may petition the court for an order directing his release. The petition shall be accompanied by the reports of the physicians who conducted the examination of the patient. §21-547. Judicial determination of petition filed under section 21-546; order; physicians as witnesses I n considering a petition filed under section 21-546, the court shall consider the testimony of the physicians who participated in the examination of the patient, and the reports of the physicians accompanying the petition. After considering the testimony and reports, the court shall either (1) reject the petition and order the continued hospitalization of the patient, or (2) order the chief of service to immediately release the patient. A physician participating in the examination shall be a competent and compellable witness at any trial or hearing held pursuant to this chapter. §21-548. Periodic examinations by hospital authorities; release The chief of service of a public or private hospital shall, as often as practicable, but not less often than every six months, examine or cause to be examined each patient admitted to a hospital pursuant to this subchapter and if he determines on the basis of the examination that the conditions which justified the involuntary hospitalization of the patient no longer exist, the chief of service shall immediately release the patient. § 21-549. Preservation of other rights to release Sections 21-546 to 21-548 do not prohibit a person from exercising a right presently available to him for obtaining release from confinement, including the right to petition for a writ of habeas corpus. §21-550. Surety The court in its discretion may require a petitioner under this subchapter to file an undertaking with surety to be approved by the court in such amount as the court deems proper, conditioned to save harmless the respondent by reason of costs incurred, including attorney's fees, if any, and damages suffered by the respondent, as a result of any action under this subchapter. §21-551. Nonresidents (a) If a person ordered committed to a public hospital by the court pursuant to section 21-545 is found by the Commission, subject to a review by the court, not to be a resident of the District of Columbia, and to be a resident of another place, he shall be transferred to the State of his residence if an appropriate institution of that State is willing to accept him. If the person is an indigent, the expense of transferring him, including the traveling expenses of necessary attendants, shall be borne by the District of Columbia. (b) For the purposes of this section, "resident of the District of thl'instHc"* °/ Columbia" means a person who has maintained his principal place of coiumbi"." ° abode in the District of Columbia for more than one year immediately prior to the filing of the petition referred to in subsection (a) of section 21-541.

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Subchapter V—Right to Communication; Exercise of Other Rights §21-561. Mail privileges; censored mail; return to sender; visiting hours (a) A person hospitalized in a public or private hospital pursuant to this chapter may: (1) communicate by sealed mail or otherwise with an individual or official agency inside or outside the hospital; and (2) receive uncensored mail from his attorney or personal physician. (b) AH incoming mail or communications other than mail or communications referred to in subsection (a) of this section may be read before being delivered to the patient, if the chief of service believes the action is necessary for the medical welfare of the patient who is the intended recipient. Mail or other communication which is not delivered to the patient for whom it is intended shall be immediately returned to the sender. (c) This section does not prohibit the administrator from making reasonable rules regarding visitation hours and the use of telephone and telegraph facilities. § 21-562. Medical and psychiatric care and treatment; records A person hospitalized in a public hospital for a mental illness shall, during his hospitalization, be entitled to medical and psychiatric care and treatment. The administrator of each public hospital shall keep records detailing all medical and psychiatric care and treatment received by a person hospitalized for a mental illness and the records shall be made available, upon that person's written authorization, to his attorne}^ or personal physician. The records shall be preserved by the administrator until the person has been discharged from the hospital. § 21-563. Use of mechanical restraints; record of use A mechanical restraint may not be applied to a patient hospitalized in a public or private hospital for a mental illness unless the use of restraint is prescribed by a physician. If so prescribed, the restraint shall be removed whenever the condition justifying its use no longer exists. A use of a mechanical restraint, together with the reasons therefor, shall be made a part of the medical record of the patient. §21-564. Exercise of property and other rights; notice of inability; persons hospitalized prior to September 15, 1964 (a) A patient hospitalized pursuant to this chapter may not, by reason of the hospitalization, be denied the riarht to dispose of property, execute instruments, make purchases, enter into contractual relationships, vote, and hold a driver's license, unless the patient has been adjumcated incompetent by a court of competent jurisdiction and has not been restored to legal capacity. If the chief of service of the public or private hospital in which the patient is hospitalized is of the opinion that the patient is unable to exercise any of the rights referred to in this section, the chief of service shall immediately notify the patient and the patient's attorney, legal guardian, spouse, parents, or other nearest known adult relative, the United States District Court for the District of Columbia, the Commission on Mental Health, and the Board of Commissioners of the District of Columbia of that fact. (b) A person in the District of Columbia who, by reason of a judicial decree ordering his hospitalization entered prior to September 15, 1964, is considered to be mentally incompetent and is denied the right to dispose of property, execute instruments, make purchases, enter into

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contractual relationships, vote, or hold a driver's license solely by reason of the decree, shall, upon the expiration of the one-year period immediately following September 15, 1964, be deemed to have been restored to legal capacity unless, within the one-year period, affirmative action is commenced to have the person adjudicated mentally incompetent by a court of competent jurisdiction: Provided, however, That in those cases in which a committee has heretofore been appointed and the committeeship has not been terminated by court action, such committee shall continue to act under the supervision of the United States District Court for the District of Columbia under its equity powers. §21-565. Statement of release and adjudication procedures and of other rights Upon the admission of a person to a hospital under a provision of this chapter, the administrator shall deliver to him, and to his spouse, parents, or other nearest known adult relative, a written statement outlining in simple, nontechnical language all release procedures provided by this chapter, setting out all rights accorded to patients by this chapter, and describing procedures provided by law for adjudication of incompetency and appointment of trustees or committees for the hospitalized person. Subchapter VI—Miscellaneous Provisions § 21-581. Proceedings instituted by Commissioners of the District of Columbia (a) Proceedings instituted by the Commissioners of the District of Columbia to determine the mental condition of an alleged indigent mentally ill person or a person alleged to be mentally ill, with homicidal or otherwise dangerous tendencies, shall be according to the provisions of subchapter IV of this chapter. (b) The jury in proceedings instituted upon the petition of the Commissioners of the District of Columbia shall be impaneled by the United States marshal for the District, upon order of the court, from the jurors in attendance upon the District Court, who shall perform the services in addition to and as part of their duties in the District Court. When jurors are not in attendance upon the District Court the court may direct the marshal to impanel the jurors in attendance upon the Court of General Sessions, who shall perform the duties in addition to and as part of their duties in the Court of General Sessions, or the court may direct a special jury to be summoned for the inquisition. § 21-582. Petitions, applications, or certificates of physicians (a) A petition, application, or certificate authorized under section 21-521 and subsection (a) of section 21-541 may not be considered if made by a physician who is related by blood or marriage to the alleged mentally ill person, or who is financially interested in the hospital in which the alleged mentally ill person is to be detained, or, except in the case of physicians employed by the United States or the District of Columbia, who are professionally or officially connected with the hospital. (b) A petition, application, or certificate of a physician may not be considered unless it is based on personal observation and examination of the alleged mentally ill person made by the physician not more than 72 hours prior to the making of the petition, application, or certificate. The certificate shall set forth in detail the facts and reasons on which the physician based his opinions and conclusions.

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§ 21-583. Physicians and psychiatrists as witnesses A physician or psychiatrist making application or conducting an examination under this chapter is a competent and compellable witness at any trial, hearing or other proceeding conducted pursuant to this chapter and the physician-patient privilege is not applicable. § 21-584. Witness fees Witnesses subpenaed under the provisions of this chapter shall be paid the same fees and mileage as are paid to witnesses in the courts of the United States. § 21-585. Confinement in jail prohibited A person apprehended, detained, or hospitalized under any provision of this chapter may not be confined in jail or in a penal or correctional institution. § 21-586. Financial responsibility for care of hospitalized persons; judicial enforcement (a) The father, mother, husband, wife, and adult children of a mentally ill person, if of sufficient ability, and the estate of the mentally ill person, if the estate is sufficient for the purpose, shall pay the cost to the District of Columbia of the mentally ill person's maintenance, including treatment, in a hospital in which the person is hospitalized under this chapter. The Commission on Mental Health shall examine, under oath, the father, mother, husband, wife, and adult children of an alleged mentally ill person whenever those relatives live within the District of Columbia, and ascertain their ability or the ability of the estate to maintain or contribute toward the maintenance of the mentally ill person. The relatives or estate may not be required to pay more than the actual cost to the District of Columbia of maintenance of the alleged mentally ill person. (b) If a person made liable by subsection (a) of this section for the maintenance of a mentally ill person fails so to provide or pay for the maintenance, the court shall issue to him a citation to show cause why he should not be adjudged to pay a portion or all of the expenses of maintenance of the patient. The citation shall be served at least 10 days before the hearing thereon. If, upon the hearing, it appears to the court that the mentally ill person has not sufficient estate out •of which his maintenance may properly be fully met and that he has relatives of the degree referred to in subsection (a) of this section who are parties to the proceedings, and who are able to contribute thereto, the court may make an order requiring payment by the relatives of such sums as it finds that they are reasonably able to pay and as may be necessary to provide for the maintenance and treatment of the mentally ill person. The order shall require the payment of the sums to the District of Columbia treasurer annually, semiannually, quarterly, or monthly as the court directs. The treasurer shall collect the sums due under this section, and turn them into the Treasury of the United States to the credit of the District of Columbia. The order may be enforced against any property of the mentally ill person or of the person liable or undertaking to maintain him in the same way as if it were an order for temporary alimony in a divorce case. § 21-587. Veterans' Administration and military hospital facilities This chapter does not require the admission of a person to a Veterans' Administration or military hospital facility unless the person is otherwise eligible for care and treatment in the facility. §21-588. Forms All applications and certificates for the hospitalization of a person in the District of Columbia under this chapter shall be made on forms approved by the Commission on Mental Health and furnished by it.

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§ 21-589. Persons hospitalized prior to September 15, 1964 (a) Subject to subsection (b) of this section, the provisions of sections 21-546 to 21-551, subchapter V of this chapter and sections 21-585 and 21-588 apply to a person, who, on or after January 1, 1966, is a patient in a hospital in the District of Columbia by reason of having been declared insane or of unsound mind pursuant to a court order entered in a noncriminal proceeding prior to September 15, 1964. (b) A request made by a patient referred to in subsection (a) of this section for an examination authorized by section 21-546 may be made on April 15, 1966, by the patient, or his attorney, legal guardian, spouse, parent, or other nearest adult relative, and not more frequently than every six months thereafter. § 21-590. Discharge as cured; restoration to legal status When a person adjudged to be of unsound mind in the District of Columbia who is committed to Saint Elizabeths Hospital, or any other institution, recovers his reason, and is discharged from the institution as cured, the Superintendent of Saint Elizabeths Hospital, or the official in charge of the institution where he has been under treatment and has been so discharged, shall immediately file with the clerk of the United States District Court for the District of Columbia his sworn statement that, in his opinion, the person was not of unsound mind at the time of his discharge. The statement is sufficient to authorize the court to order the person restored to his former legal status as a person of sound mind. §21-591. Offenses and penalties Whoever: (1) without probable cause for believing a person to be mentally i l l: (A) causes or conspires with or assists another person to cause the hospitalization, under this chapter, of the person first referred to; or (B) executes a petition, application, or certificate pursuant to this chapter, by which he secures or attempts to secure the apprehension, hospitalization, detention, or restraint of the person first referred to; or (2) causes or conspires with or assists another person to cause the denial to a person of a right accorded to him by this chapter; or (3) being a physician or psychiatrist, knowingly makes a false certificate or application pursuant to this chapter as to the mental condition of a person— shall be fined not more than $5,000 or imprisoned not more than three years, or both. CHAPTER 7—PROPERTY OF MENTALLY ILL PERSONS Sec. 21-701. 21-702. 21-703. 21-704. 21-705. 21-706.

Definition. Property subject to liens. Property subject to executory contract. Contract for sale by adult in behalf of himself and mentally ill person. Ancillary guardian of nonresident mentally ill person. Suits by ancillary guardian.

§21-701. Definition As used in this chapter, "mentally ill person" has the same meaning as that ariven to the term by section 21-501. 49-850 0-66—51

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§ 21-702. Property subject to liens Where a mentally ill person is entitled to real or personal estate in the District of Columbia which is liable to a mortgage, trust, or lien, or is in any way charged with the payment of money, the court may decree in the case as if the mentally ill person were of sound mind. § 21-703. Property subject to executory contract Where a mentally ill person: (1) is entitled to real or personal estate in the District of Columbia bound by an executory contract entered into by the person from whom he derived title; or (2) claims a right or interest in property under such a contract-— the court in either case may decree the execution of the contract or enter a proper decree, as if the parties were of sound mind. §21-704. Contract for sale by adult in behalf of himself and mentally ill person When, upon a hearing and an examination of the circumstances, the court considers a contract for the sale of real estate by persons interested therein jointly or in common with a mentally ill person, to be for the interest and advantage both of the mentally ill person, and of the other persons interested therein, the court may confirm the contract and order a deed to be executed according to it. Sales and deeds made in pursuance of the order are sufficient in law to transfer the estate and interest of the mentally ill person in the real estate. §21-705. Ancillary guardian of nonresident mentally ill person When a mentally ill person residing outside the District of Columbia is entitled to property or to maintain an action in the District of Columbia, a general guardian or committee of his estate, appointed by a court of competent jurisdiction in the State or territory where the mentally ill person resides, or a person at the request of the guardian or committee, may petition the court for ancillary letters as guardian or committee. The petition shall be under oath, accompanied by certified copies of as much of the record and proceedings as shows the appointment of the guardian or committee and that he has given a sufficient bond to account for all property and money that may come into his hands by virtue of the authority conferred. The court may thereupon issue to the guardian or committee ancillary letters as such guardian or committee, without citation, or may cite such persons as it believes proper to show cause why the application should be refused; and the court shall require the security required by law in like cases from a resident guardian or committee. § 21-706. Suits by ancillary guardian (a) Upon the granting of ancillary letters, the guardian may institute and prosecute to judgment any action in the courts of the District of Columbia, take possession of all property of his wardj and collect and receive all moneys belonging and due to him therein, give full receipt and acquittances for debts, and release all claims, liens, and mortgages belonging to the ward, on property in the District of Columbia, in the same manner as if his authority had been originally conferred by the United States District Court for the District of Columbia.

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(b) The guardian shall give security for the costs which may accrue in an action brought by him, in the same manner as other nonresidents bringing suit in the courts of the Distridt. CHAPTER 9—MENTALLY ILL PERSONS FOUND IN CERTAIN FEDERAL RESERVATIONS Sec. 21-901. Definition. 21-902. Commitments by special commissioners of certain district courts. 21-903. Apprehension by certain officials of persons believed to be mentally ill; proceedings. 21-904. Admission upon written application; right of release. 21-905. Superintendent to receive persons committed or apprehended under sections 21-902 and 21-903. 21-906. Examinations; adjudications; laws applicable; expense of care and treatment. 21-907. Transfer of military personnel. 21-908. Care in a Veterans' Administration facility. 21-909. Payment of expenses of transfers.

§ 21-90L Definition As used in this chapter, "mentally ill person" has the same meaning as that given to the term by section 21-501. §21-902. Commitments by special commissioners of certain district courts (a) A United States commissioner specially designated by the United States District Court for the Eastern District of Virginia or by the United States District Court for the District of Maryland may commit to Saint Elizabeths Hospital, for observation and diagnosis, a person found in a place over which the United States has exclusive or concurrent jurisdiction in Arlington County, Fairfax County, Loudoun County or the city of Alexandria, in the State of Virginia, or in Montgomery County or Prince Georges County in the State of Maryland, who is alleged, and is believed by the commissioner, to be a mentally ill person. A United States commissioner specially designated by the United States District Court for the District of Columbia has like jurisdiction and authority in the case of any person temporarily detained in Saint Elizabeths Hospital, pursuant to section 21-903. (b) A commitment provided for by subsection (a) of this section shall be for not more than 30 days and may be made only after a hearing before the commissioner upon: (1) the testimony under oath of at least two witnesses as to their belief that the person is a mentally ill person; and (2) the testimony under oath or affidavit of two physicians, at least one of whom is skilled in the treatment and diagnosis of nervous and mental disorders, that they have examined the alleged mentally ill person and believe him to be a mentally ill person and not fit to remain at liberty and go unrestrained, and that he should be in custody in a hospital for the treatment of mental or nervous disorders for his own safety and welfare and for the preservation of the peace and good order. (c) The head of the agency of the United States in control of the place where a person is apprehended for a hearing pursuant to this section shall forthwith notify the spouse or a near relative or friend of the person so apprehended whose address is known to him or can by

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reasonable inquiry be ascertained by him. I n the case of a person described by section 21-907, the agency head shall notify the head of the department having jurisdiction over the service to which the person belongs. (d) The agency of the United States in control of the place where a person is apprehended for a hearing pursuant to this section may employ physicians for the purpose and pay compensation for their services and pay expenses of witnesses in the proceedings out of funds available therefor. Physicians who are officers or employees of the United States or who are members of the armed forces of the United States may render the services without additional compensation. § 21-903. Apprehension by certain officials of persons believed to be mentally ill; proceedings (a) An officer or employee of the United States authorized to make arrests, and a guard or watchman employed by the United States, may apprehend and detain a person whom he believes to be a mentally ill person and found in a place specified by section 21-902, and, except as provided by section 21-904, bring the person for a hearing before a United States commissioner for the district where the person was apprehended, and designated as provided by section 21-902. When an immediate hearing before a commissioner cannot be had, the officer or employee may take the person to Saint Elizabeths Hospital. The Superintendent of Saint Elizabeths Hospital may detain the person pending a hearing before a United States commissioner for the District of Columbia, designated as provided by section 21-902, for a period not exceeding 72 hours. (b) The United States commissioner specified by subsection (a) of this section shall hold a hearing as promptly as practicable after the apprehension of a person pursuant to that subsection and in any event not later than 72 hours thereafter. The hearing shall be conducted at Saint Elizabeths Hospital if the Superintendent of the hospital certifies that in his opinion it would be prejudicial to the health of the person or unsafe to produce him at a hearing elsewhere. If, after a hearing at a place other than Saint Elizabeths Hospital, the commissioner commits a person to Saint Elizabeths Hospital, an officer, employee, guard, or watchman specified by subsection (a) of this section may transport the person to Saint Elizabeths Hospital in accordance with the order of the commissioner. § 21-904. Admission upon written application j right of release A person in a place specified by section 21-902 may, upon his written application, be admitted for observation and diagnosis to Saint Elizabeths Hospital in the discretion of the Superintendent of the hospital for a period not exceeding 30 days. If, after admission to Saint Elizabeths Hospital, he expresses a desire for release from the hospital, he shall be released within 72 hours thereafter, unless proceedings for his adjudication as a mentally ill person have been instituted as provided for by section 21-906. § 21-905. Superintendent to receive persons committed or apprehended under sections 21-902 and 21-903 The Superintendent of Saint Elizabeths Hospital shall receive for observation and diagnosis a person apprehended or committed as

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provided by sections 21-902 and 21-903 f^fr the periods therein prescribed, unless the person is sooner discharged or returned to his home or to the State of his residence. §21-906. Examinations; adjudicationfs; laws applicable; expense of care and treatment (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 be mentally ill, shall forthwith discharge him, or, if found to be mentally ill, 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 mentally ill person, and for the appointment of a committee of his person or property, may be instituted in the United States District Court for the District of Columbia by the Secretary of Health, Education, and Welfare or by a party interested. 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. §21-907. Transfer of military personnel A person belonging to the armed forces arrested, apprehended, detained, or committed pursuant to this chapter shall, upon the request of the head of the department having jurisdiction over the service to which he belongs, be transferred forthwith to the custody of his service. §21-908. Care in a Veterans* Administration facility (a) If a person adjudicated to be a mentally ill person under this chapter is entitled to care and treatment in a Veterans' Administration facility, the United States District Court for the District of Columbia may commit him to the custody of the Administrator of Veterans' Affairs for placement in an available facility, or the Superintendent of Saint Elizaoeths Hospital may transfer him to such a facility. (b) This chapter does not limit, restrict, or deprive the courts of a State or the District of Columbia of jurisdiction to commit to the Veterans' Administration a mentally ill person entitled to care and treatment by the Veterans' Administration in accordance with the laws of the State or the District of Columbia. §21-909. Payment of expenses of transfers The Superintendent of Saint Elizabeths Hospital may arrange for and pay the expenses of the transfer of a person committed to his custody pursuant to this chapter or admitted to the hospital pursuant to section 21-904 to his relatives or to a hospital in the State of his residence, and, in connection with the transfer, may pay the transportation and expenses of attendants necessary to insure safe travel.

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CHAPTER 11—COMMITMENT A N D M A I N T E N A N C E OF FEEBLE-MINDED P E R S O N S Sec. 21-1101. Definitions. 21-1102. Persons received in District Training School; age limit. 21-1103. Petition to District Court as to feeble-mindedness; contents; verification; notice; process. 21-1104. Summons; contents; answer not required; return day; service. 21-1105. Appointment and qualifications of physicians; examination; certificate. 21-1106. Warrant to take into custody; detention or temporary guardianship; place of detention. 21-1107. Hearing; continuances; character of proofs; jury trial. 21-1108. Dismissal and discharge, or placement in District Training School; controlling considerations. 21-1109. Private and public patients; bond for support and maintenance; sufficiency and justification of sureties. 21-1110. Liability of estate of public patient for maintenance. 21-1111. Proceedings to charge relatives legally responsible for maintenance of public patient; collection of maintenance payments; enforcement of order; liability of decedent's estate. 21-1112. Public patients may become private patients by filing bond and paying advance. 21-1113. Restriction on discharge; petition for discharge; causes for discharge; superintendent to be notified; notice of variation of order; denial of one petition not a bar to another. 21-1114. Proceeding when child brought before juvenile court appears feebleminded. 21-1115. Inquiry under this chapter if person convicted of offense. 21-1116. Transfer to Saint Elizabeths Hospital when person becomes insane. 21-1117. Separate docket of feeble-minded cases; reports of commissions. 21-1118. Transfer of feeble-minded from National Training Schools for Boys or Girls. 21-1119. Removal from school of nonresidents, of the District of Columbia. 21-1120. Paroles; conditions; expense; discretion of superintendent; violation; return. 21-1121. Citation, order, or process on inmates to be served only by superintendent. 21-1122. Approval of inmates' contracts, etc., by court. 21-1123. Offenses and penalties. § 21-1101. Definitions As used in this chapter: "District Training School" means the institution established pursuant to section 32-601, and designated the "District Training School" by section 32-602, or any successor to that institution; "feeble-minded person" means a person afflicted vs^ith mental defectiveness from birth or from an early age, so pronounced that he is incapable of managing himself and his affairs, or being taught to do so, and who requires supervision, control, and care for his own welfare, or for the welfare of others, or for the welfare of the community, and is not mentally ill to such an extent as to require his commitment to Saint Elizabeths Hospital, as provided by chapter 5 of this title or other laws with respect to the commitment and custody of mentally ill persons. § 21-1102. Persons received in District Training School; age limit Subject to such regulations as the Department of Public Welfare adopts, and pursuant to this chapter and chapter 6 of Title 32, feebleminded persons of not more than 45 years of age at the time of commitment shall be received into the District Training School. § 21-1103. Petition of District Court as to f eeble-mindedness; contents; verification; notice; process (a) When a person who is a resident of the District of Columbia is supposed to be feeble-minded, his guardian, or a relative, or a reputaole citizen of the District of Columbia may file with the clerk

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of the United States District Court for the District of Columbia a petition, in writing, setting forth: (1) that the person named in the petition is feeble-minded; (2) such other facts as are necessary to bring the person within the purview of this chapter; (3) the name and address of any person actually supervising, caring for, or supporting the person, or that the name and address thereof are unknown to the petitioner; (4) the name and address of any person legally chargeable with the supervision, care, or support of the person, or that the name and address thereof are unknown to the petitioner; (5) the names and addresses of the parents or guardians, or that they are unknown to the petitioner; and (6) whether or not the person has been examined by a qualified physician having personal knowledge of his condition. The petition shall be verified by affidavit, which is sufficient if it states that it is based upon information and belief. (b) On a petition filed pursuant to subsection (a) of this section, there shall be indorsed the names and addresses of witnesses known to the petitioner, by whom the truth of the allegations of the petition may be proved, as well as the name and address of a qualified physician, if any is known to the petitioner, having personal knowledge of the case. (c) Persons named in a petition filed pursuant to this section or whose names are endorsed thereon shall be notified of the proceedings by summons issued by the clerk of the court. Process shall be issued against those persons mentioned in the petition whose names are unknown to the petitioner, by the designation "To all whom it may concern", and the designation and notice are sufficient to authorize the court to hear and determine the proceedings as though the parties had been summoned by their proper names. §21-1104. Summons; contents; answer not required; return day; service The summons prescribed by section 21-1103 shall require all persons upon whom it is served to appear personally at the time and place stated therein and to bring into court the alleged feeble-minded person. A written answer to the petition is not required, but the cause shall stand for hearing upon the petition on the return day of the summons. The summons shall be made returnable at any time within 20 days after the date thereof. Service of process upon any of the persons named in the petition or whose names are endorsed thereon is not necessary if they appear or are brought before the court personally without service of summons. The summons may be served by any officer authorized by law to serve processes of the District Court of the United States for the District of Columbia. § 21-1105. Appointment and qualifications of physicians; examination; certificate Pursuant to the filing of a petition under section 21-1103, the court shall appoint two physicians, at least one of whom is skilled in the diagnosis and treatment of mental diseases, to make an examination of the alleged feeble-minded person to determine his mental and physical condition. Their certificate shall be filed with the court on or before the hearing on the petition. The persons so appointed may make such personal examination of him as will enable them to offer an opinion as to his physical and mental condition. A certificate may not be made by them until after the examination.

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§ 21-1106. Warrant to take into custody; detention or temporary guardianship; place of detention Pursuant to the filing of a petition under section 21-1103, or upon motion at any time thereafter, where it is made to appear to the court by evidence given under oath that it is for the best interest of the alleged feeble-minded person or of other persons or of the community that he be at once taken into custody, or that the service of summons will be ineffectual to secure his presence, a warrant may issue on the order of the court directing that he be taken into custody and brought before the court forthwith or at such time and place as the court appoints. Pending the hearing of the petition, the court may order the detention of the alleged feeble-minded person, or the placing of him under temporary guardianship of a suitable person, on the latter person's entering into a recognizance for his appearance, as the court deems proper. Pending the hearing of the petition, the alleged feebleminded person may not be detained in a place provided for the detention of persons charged with or convicted of a criminal or quasicriminal offense. § 21-1107. Hearing; continuances; character of proofs; jury trial After the filing of a petition under section 21-1103 and pending the final disposition of the case, the court may continue the hearing from time to time. The court shall take proofs as to the financial circumstances of the alleged feeble-minded persons and of his relatives legally liable for his support, and as to the alleged condition of the person and his personal and family history, and shall fully investigate the facts before making an order. When a jury is not required, the court shall determine the question of whether the person is feeble-minded. If the court deems it necessary, or if the alleged feeble-minded person or a relative or a person with whom he resides so demands, a jury shall be summoned to determine the question of whether the person is feebleminded. The jury shall be selected from the jurors in attendance upon the court or a special jury may be summoned to determine the question. § 21-1108. Dismissal and discharge, or placement in District Training School; controlling considerations Where, at a hearing under section 21-1107, the court or the jury finds that the alleged feeble-minded person is not feeble-minded as defined by this chapter, the court shall order the petition dismissed and the person discharged. Where the court or the jury finds that the alleged feeble-minded person is feeble-minded and subject to be dealt with under this chapter, have regard to all the circumstances appearing at the hearing, the controlling factor throughout the proceedings being the welfare of the persons of the community, the court shall enter a decree directing that the feeble-minded person be placed in the District Training School. The decree so entered is binding upon all persons whom it may concern until rescinded or otherwise superseded or set aside. § 21-1109. Private and public patients; bond for support and maintenance; sufficiency and justification of sureties (a) If, at the time of or before the making of an order for placement in the District Training School pursuant to section 21-1108, a bond in the penal sum of $1,000, executed by a surety company authorized to do business in the District of Columbia, or by two or more sureties to be approved by the court, running to the United States and conditioned for the payment of the support and maintenance of the person in the manner prescribed by law, is delivered to the court, together with the sum of $50 as an advance payment toward the support of

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the patient, the court shall order the admission of the person as a private patient. If the bond and advance payment are not given, the court shall order the admission of the person as a public patient. The bond and advance payment, together with the order of admission and bond, shall be transmitted by the clerk of the court to the Superintendent of the District Training School. Until the bond and advance payment are delivered to the Superintendent, he shall admit the person to the institution only as a public patient. (b) A t the request of the Superintendent of the District Training School, the court shall require the sureties on the bond provided by subsection (a) of this section to justify their responsibility anew or order that a new bond be given in place of the original. The justification or new bond shall be transmitted to the superintendent. Unless it is delivered to the Superintendent within 30 days, the patient shall from the time of the request be regarded as a public patient. §21-1110. Liability of estate of public patient for maintenance When the court orders the admission of a person to the District Training School as a public patient, and it appears then or thereafter that the patient has an estate out of which the Government may be reimbursed for his maintenance, in whole or in part, the court shall order the payment out of the estate of the whole or such part of the cost of maintenance of the patient at the institution as it deems just, regard being had for the needs of those having a legal right to support out of the estate. The order shall remain in full force and effect unless modified by the court. Upon the death of the feeble-minded person while an inmate at the institution, or within five years after his discharge therefrom, his estate is liable to the District of Columbia for the cost of his maintenance at the institution, and the claim of the District of Columbia is a preferred claim. § 21-1111. Proceedings to charge relatives legally responsible for maintenance of public patient; collection of maintenance payments; enforcement of order; liability of decedent's estate (a) When a court orders the admission of a person to the District Training School as a public patient and finds at any time that the patient does not have an estate out of which the District of Columbia may be fully reimbursed for his maintenance, a parent, spouse, and adult children of the feeble-minded person, if or sufficient financial ability, shall pay the cost to the District of Columbia of his maintenance at the institution. The Commissioners of the District of Columbia may petition the court, during the commitment of the feebleminded person to the institution, to direct any of those relatives to pay the District of Columbia, in whole or in part, for his maintenance at the institution. They may not be required to pay more than the actual cost to the District of Columbia of his maintenance. (b) When the court finds that a relative specified by subsection (a) of this section is able to pay for the maintenance of the feeble-minded person, in whole or in part, it may make an order requiring payment by him or all the relatives of such sums as it finds that he or they are reasonably able to pay and as may be necessary to provide for his maintenance. The order shall require the payment of the sums to the Finance Office of the Department of General Administration, or its successor, or its authorized representative or agency, of the District of Columbia, annually, semiannually, quarterly, or monthly, as the court directs. The Finance Office, or its successor, or its authorized representative or agency, as the case may be, shall collect the sums due under this section and section 21-1110, and turn them into the Treasury of the United States to the credit of the District of Columbia.

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(c) If a relative made liable for the maintenance of the feebleminded person fails to provide or pay for the maintenance, or his part thereof, in accordance with the order of the court, the court shall issue to him a citation to show cause why he should not be adjudged in contempt. The citation shall be served at least 10 days before the hearing thereon. (d) An order issued under this session may be enforced against any property of a relative made liable for the maintenance of the feeble-minded person, in the same way as if it were an order for temporary alimony in a divorce case. (e) Upon the death of a relative ordered by the court to pay for the maintenance of the feeble-minded person in whole or in part, the estate of the relative is liable to the District of Columbia for the unpaid amount due the District of Columbia under the order of court at the time of his death, and the claim of the District of Columbia is a preferred claim against his estate. §21-1112. Public patients may become private patients by filing bond and paying advance When a person is admitted to the District Training School as a public patient, and thereafter the bond and advance payment referred to in section 21-1109 are executed and delivered to the court, the court shall make an order changing the status of the person from a public to a private patient. § 21-1113. Restrictions on discharge; petition for discharge; causes for discharge; superintendent to be notified; notice of variation of order; denial on one petition not a bar to another (a) A feeble-minded person admitted to the District Training School pursuant to an order of court may not be discharged therefrom except as provided by this section, but the right of petition for the writ of habeas corpus may not be abridged. (b) After the admission of a feeble-minded person pursuant to an order of court provided by this chapter, a relative or friend of the feeble-minded person, or a reputable citizen, or the superintendent of the institution, or the Department of Public Welfare, may petition the court that entered the order of admission to discharge the feebleminded person, or to vary the order of the court admitting him to the institution. (c) When, on the hearing of a petition filed pursuant to subsection (b) of this section, the court is satisfied that the welfare of the feebleminded person or of other persons or of the community requires his discharge or a variation of the order, it may enter an order of discharge or variation as it deems proper. (d) Discharges and variations of orders may be ordered or made if: (1) the person adjudged to be feeble-minded is not feebleminded; or , (2) the person has so far improved as to be capable of caring for himself; or (3) the relatives or friends of the feeble-minded person are able and willing to supervise, control, care for, and support him, and request his discharge, and, in the j u d ^ e n t of the Superintendent of the District Training School, evil consequences are not likely to follow the discharge. (e) The enumeration of grounds of discharge or variation by subsection (d) of this section does not exclude other grounds of discharge or variation which the court deems adequate, having regard for the welfare of the person concerned or of other persons or of the community.

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(f) On a petition for discharge or variation filed pursuant to this section, the court may discharge the feeble-minded person from all supervision, control, and care, or make such variation of the order as to maintenance as the court deems fit under all the circumstances appearing at the hearing of the petition. (g) The Superintendent of the District Training School shall be notified of the time and place of hearing on a petition for discharge or variation filed pursuant to this section, as the court directs, and an order of discharge or variation may not be entered without giving the Superintendent a reasonable opportunity to be heard. The court may notify such other persons, relatives, and friends of the feebleminded person as it deems proper, of the time and place of the hearing on the petition. (h) A person may not be charged with any greater degree of financial responsibility for the support of a feeole-minded person by variation of the order as to maintenance without notice and a reasonable opportunity to be heard. (i) The denial of one petition for discharge or variation is not a bar to another petition on the same or different ground filed within a reasonable time thereafter, the reasonable time to be determined by the court in its discretion, discouraging frequent, repeated, frivolous, ill-founded petitions for discharge or variation of a prior order. §21-1114. Proceeding when child brought before juvenile court appears feeble-minded When a child is brought before the juvenile court of the District of Columbia as a dependent or delinquent child, and it appears to the court, on the testimony of a physician or psychologist or other evidence, that the child is feeble-minded within the meaning of this chapter, the court may adjourn the proceedings and direct a suitable officer of the court or other suitable reputable person to file a petition under this chapter. The court may order that, pending the preparation, filing, and hearing of the petition, the child be detained in a place of safety, or be placed under the guardianship of a suitable person, if that person enters into a recognizance for his appearance. §21-1115. Inquiry under this chapter if person convicted of offense (a) On the conviction by a court of record of competent jurisdiction of a person of an offense, or of a violation of an ordinance which is in whole or in part a violation of a statute of the District of Columbia, the court when satisfied on the testimony of a physician or a psychologist or other evidence that the person is feeble-minded within the meaning of this chapter, may suspend sentence, or suspend the entering of an order sending the person to a jail, prison, or reformatory, or to a training or industrial school, and direct that a petition be filed pursuant to this chapter. (b) When the court directs a petition to be filed pursuant to subsection (a) of this section, it may order that, pending the preparation, filing and hearing of the petition, the person be detained in a place of safety, or be placed under the guardianship of a suitable person, if that person enters into a recognizance for his appearance. (c) Where, upon the hearing of a petition filed pursuant to this section or pursuant to a subsequent hearing under this chapter, the person is found not to be feeble-minded, the court shall impose sentence, §21-1116. Transfer to Saint Elizabeths Hospital when person becomes insane When a person becomes insane while confined in the District Training School and the Superintendent of the institution certifies in writing

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that the person is insane and is not a fit subject for care and maintenance at the institution^ the United States District Court for the District of Columbia shall issue an order for his admission to Saint Elizabeths Hospital. The transfer does not affect the liability on a bond for private support, or an order for reimbursement for public support. All bonds and orders for reimbursement are liable and in force for the cost of maintenance at Saint Elizabeths Hospital. §21-1117, Separate docket of feeble-minded cases; reports of commissions The court shall keep a separate docket of proceedings in feeblemindedness, upon which shall be made such entries as will, together with the papers filed, preserve a complete record of each case, the original petitions, writs, and returns made thereto. The reports of commissions shall be filed with the clerk of the court. §21-1118. Transfer of feeble-minded from National Training Schools for Boys or Girls When the Superintendent of the National Training School for Boys or of the National Training School for Girls certifies to the court that in his opinion an inmate thereof is feeble-minded, the court shall permit him or any other reputable citizen of the District of Columbia to file a petition as provided by section 21-1103. If the inmate is found and adjudged to be feeble-minded, the court shall immediately issue an order for his admission as a public patient to the District Training School. §21-1119. Removal from school of nonresidents of the District of Columbia The Department of Public Welfare shall cause a person who has been admitted to the District Training School, but who has not acquired a legal residence in the District, to be removed as soon as possible to the State in which he belongs. §21-1120. Paroles; conditions; expense; discretion of superintendent; violation; return Under general conditions prescribed by the Department of Public Welfare, the Superintendent of the District Training School may grant paroles to patients in the institution where the conditions in the homes in which they are to reside are satisfactory and where the paroles are deemed by the Superintendent as not injurious to the interests of the patients or the public. The expense of the vacation shall be borne by the guardian, relatives, or other persons responsible for the care of the patient while on the vacation. The Superintendent may grant a parole for an indefinite period to a patient who has improved sufficiently to warrant the opportunity and when satisfactory supervision for the patient while on the leave is assured. If the conditions of a parole granted under this chapter are violated, the patient may be taken up and returned as an escaped patient. § 21-1121. Citation, order, or process on inmates to be served only by superintendent Only the Superintendent of the District Training School, or a person designated in writing by him, may serve a citation, order, or process required by law to be served on an inmate of the institution. Return thereof to the court from which it issued may be made by the Superintendent. The service and return have the same force and effect as if it had been made by the United States marshal of the

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District of Columbia, or his deputy, or by the sheriff of the county in which the institution is located. § 21-1122. Approval of inmates' contracts, etc., by court A public or private patient in the District Training School may not be allowed to execute a contract, deed, will, or other instrument unless the execution has first been allowed and approved by an order entered of record by the United States District Court for the District of Columbia. A certified copy of the order shall be furnished to the Superintendent of the institution at the time of the execution of the instrument. The order of the court is evidence only of the capacity of the patient to make the instrument. §21-1123. Offenses and penalties Whoever: (1) knowingly contrives, or conspires to have a person adjudged feeble-minded under the provisions of this chapter, unlawfully and improperly; or (2) violates a provisions of this chapter— shall be fined not more than $1,000 or imprisoned not more than one year, or both. CHAPTER 13—ALCOHOLICS A N D DRUG ADDICTS Sec.

21-1301. 21-1302. 21-1303. 21-1304.

Appointment of committee. Bond; powers and duties. Jurisdiction of court over property. Discharge.

§21-1301. Appointment of committee When a person residing in the District of Columbia, and owning an estate, real or personal, situate therein, is alleged to be unfit, from the habitual use of intoxicating liquors, opium, cocaine, or similar substance, or compound or derivative thereof, to manage or control his estate properly, the United States District Court for the District of Columbia, on the petition of a creditor or relative of the person, or if there is not a creditor or relative, upon the petition of a person living in the District of Columbia, and upon summons being served upon the person alleged to be unfit, commanding him to appear and answer the petition, may order a jury to be summoned to ascertain whether the person is an alcoholic or addicted to the habitual use of opium, cocaine, or similar substance or compound or derivative thereof and unfit from any of these causes to manage and control his property. If the jury finds that the person is an alcoholic or a habitual user of opium, cocaine, or similar substance or a compound or derivative thereof and unjfit to manage or control his property, the finding, when confirmed by the court, shall be entered of record in the cause, and the court shall thereupon appoint a fit person to be committee of the person so declared unfit to manage or control his property. §21-1302. Bond; powers and duties The committee before entering upon the discharge of his duties shall execute a bond, with surety, to be approved by the court or a judge thereof, to the United States in a penalty equal to the amount of the personal property and the yearly rents to be derived from the real estate of the person, conditioned for the faithful performance of his duties as the committee. He shall have control of the estate, real and personal, with power to collect all debts due the alcoholic or drug

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addict, and to adjust and settle all accounts owing by him, and to sue and be sued in his representative capacity. H e shall apply the annual income of the estate to the support of the person, and the maintenance of his family and education of his children; and shall in all other respects perform the same duties and have the same rights as pertain to committees of lunatics and idiots. § 21-1303. Jurisdiction of court over property The court has the same powers as to the property of a person for whom a committee has been appointed pursuant to this chapter as it has in respect of the property of infants. §21-1304. Discharge When a person for whom a committee has been appointed under this chapter becomes competent to manage his property on account of reformation in his habits, he may apply to the court to have the committee discharged and the care and control of his property restored to him. When it appears by the verdict of a jury summoned therefor, or by affidavits, or other evidence to the satisfaction of the court, that the applicant is a fit person to have the care or control of his property, it shall enter an order restoring him to all the rights and privileges enjoyed before the committee was appointed. CHAPTER 15—CONSERVATORS Sec. 21-1501. Apiwintment of conservators. 21-1502. Filing of petition; requirements; time and place of hearing; appointment of guaxdian ad litem. 21-1503. Bond; powers and duties. 21-1504. Discharge. 21-1505. Appointment of temporary conservator. 21-1506. Personal welfare of person under conservatorship. 21-1507. Lis pendens.

§21-1501. Appointment of conservators When an adult residing in or having property in the District of Columbia is unable, by reason of advanced age, mental weakness not amounting to unsoundness of mind, mental illness, as the latter term is defined by section 21-501, or physical incapacity, properly to care for his property, the United States District Court for the District of Columbia may, upon his petition or the sworn petition of one or more of his relatives or any other person or persons, appoint a fit person to be conservator of his property. §21-1502. Filing of petition; requirements; time and place of hearing; appointment of guardian ad litem (a) Pursuant to the filing of the petition under section 21-1501, the court shall fix a time and place for a hearing; and shall cause at least 14 days' notice thereof to be given to the person for whom a conservator is sought to be appointed, if he is not the petitioner, and to such other persons as the court directs. The petition shall include, among other things— (1) the reasons for the appointment of a conservator; (2) the name and address of the person for whom the conservator is sought; (3) the date and place of his birth, if known; and (4) the names and addresses of the nearest known heirs at law, or the next of kin, if any.

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(b) The court may appoint a disinterested person to act as guardian ad litem in a proceeding under this section. Upon a finding that the person for whom the conservator is sought is incapable of caring for his property, the court shall appoint a conservator who shall have the charge and management of the property of the person subject to the direction of the court. §21-1503. Bond; powers and duties The conservator before entering upon the discharge of his duties shall execute an undertaking with surety to be approved by the court in such amount as the court orders, conditioned on the faithful performance of his duties as conservator. H e shall have control of the estate, real and personal, of the person for whom he has been appointed conservator, with power to collect all debts due the person, and upon authority of the court to adjust and settle all accounts owing by him, and to sue and be sued in his representative capacity. H e shall apply such part of the annual income and of the principal of the estate as the court authorizes to the support of the person and the maintenance and education of his family and children; and shall in all other respects perform the same duties and have the same rights and powers with respect to the property of the person as have guardians of the estates of infants. §21-1504. Discharge When a person for whom a conservator has been appointed under this chapter becomes competent to manage his property, he may apply to the court to have the conservator discharged and to be restored to the care and control of his property. If the court finds him to be competent, it shall enter an order restoring the care and control of his property to him. The court has the same powers with respect to the property of a person for whom a conservator has been appointed as it has with the respect to the property of infants under guardianships. § 21-1505. Appointment of temporary conservator Upon the filing of a petition as provided by this chapter, the court may, with or without notice or hearing, appoint a temporary conservator of the estate of a person, if it deems the action necessary for the protection of the estate, subject to the provisions for an undertaking specified by section 21-1503. The temporary conservator shall serve only until a permanent conservator can be appointed or until sooner discharged. § 21-1506. Personal welfare of person under conservatorship The court may at smy time order that the conservator or another person shall be responsible for the personal welfare of the person whose property is under conservatorship. In that event the conservator or other person, subject to the direction and control of the Civil Division of the court, has the same powers and duties with respect to the personal welfare of the person whose property is under conservatorship as have the guardians of the persons or infants under guardianships. § 21-1507. Lis pendens Upon the filing of a petition under this chapter, a certified copy of the petition may be filed for record in the office of the Recorder of Deeds of the District of Columbia. If a conservator is appointed on the petition, all contracts, except for necessaries, and all transfers

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of real and personal property made by the ward after the filing and before the termination of the conservatorship are void. Uniform Fiduc l a r i e s Act.

CHAPTER 17—UNIFORM FIDUCIARIES ACT g „

21-1701. 21-1702. 21-1703. 21-1704. 21-1705. 21-1706. 21-1707. 21-1708. 21-1709. 21-1710. 21-1711. 21-1712.

Definitions. Application of payment made to fiduciaries. Transfer of negotiable instruments by fiduciary. Check drawn by fiduciary payable to third person. Check drawn by and payable to fiduciary. Deposit in name of fiduciary as such. Deposit in name of principal; check drawn thereon by fiduciary; check payable to drawee bank. Deposit in fiduciary's personal account. Deposit in names of two or more trustees. Law not retroactive. Cases not provided for by chapter. Short title.

§21-1701. Definitions (a) I n this chapter unless the context otherwise requires: "bank" includes a person or association of persons, whether incorporated or not, carrying on the business of banking; "fiduciary" includes a trustee under a trust, express, implied, resulting or constructive, executor, administrator, guardian, conservator, curator, receiver, trustee in bankruptcy, assignee for the benefit of creditors, partner, agent, officer of a corporation, public or private, public officer, or other person acting in a fiduciary capacity for a person, trust, or estate; "person" includes a corporation, partnership, or other association, or two or more persons having a joint or common interest; "principal" includes a person to whom a fiduciary as such owes an obligation. (b) A thing is done "in good faith" within the meaning of this chapter, when it is in fact done honestly, whether negligently or not. § 21-1702. Application of payment made to fiduciaries A person who in good faith pays or transfers to a fiduciary money or other property which the fiduciary as such is authorized to receive, is not responsible for the proper application thereof by the fiduciary; and any right or title acquired from the fiduciary in consideration of the payment or transfer is not invalid in consequence of a misapplication by the fiduciary. § 21-1703. Transfer of negotiable instruments by fiduciary If a negotiable instrument payable or indorsed to a fiduciary as such is indorsed by the fiduciary, or if a negotiable instrument payable or indorsed to his principal is indorsed by a fiduciary empowered to indorse the instrument on behalf of his principal, the indorsee is not bound to inquire whether the fiduciary is committing a breach of his obligation as fiduciary in indorsing or delivering the instrument, and is not chargeable with notice that the fiduciary is committing a breach of his obligation as fiduciary unless he takes the instrument with actual knowledge of the breach or with knowledge of such facts that bis action in taking the instrument amounts to bad faith. If, however, the instrument is transferred by the fiduciary in payment of or as security for a personal debt of the fiduciary to the actual knowledge of the

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creditor, or is transferred in a transaction known by the transferee to be for the personal benefit of the fiduciary, the creditor or other transferee is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in transferring the instrument. § 21-1704. Check drawn by fiduciary payable to third person If a check or other bill of exchange is drawn by a fiduciary as such, or in the name of his principal by a fiduciary empowered to draw such an instrument in the name of his principal, the payee is not bound to inquire whether the fiduciary is committing a breach of his obligation as fiduciary in drawing or delivering the instrument, and is not chargeable with notice that the fiduciary is committing a breach of his obligation as fiduciary unless he takes the instrument with actual knowledge of the breach or with knowledge of facts that his action in taking the instrument amounts to bad faith. Where, however, the instrument is payable to a personal creditor of the fiduciary and delivered to the creditor in payment of or as security for a personal debt of the fiduciary to the actual knowledge of the creditor, or is drawn and delivered in a transaction known by the payee to be for the personal benefit of the fiduciary, the creditor or other payee is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the instrument. § 21-1705. Check drawn by and payable to fiduciary If a check or other bill of exchange is drawn by a fiduciary as such or in the name of his principal by a fiduciary empowered to draw such an instrument in the name of his principal, payable to the fiduciary personally, or payable to a third person and by him transferred to the fiduciary, and is thereafter transferred by the fiduciary, whetlier in payment of a personal debt of the fiduciary or otherwise, the transferee is not bound to inquire whether the fiduciary is committing a breach of his obligation as fiduciary in transferring the instrument, and is not chargeable with notice that the fiduciary is committing a breach of his obligations as fiduciary unless he takes the instrument with actual knowledge of the breach or with knowledge of facts that his action in taking the instrument amounts to bad faith. § 21-1706. Deposit in name of fiduciary as such If a deposit is made in a bank to the credit of a fiduciary as such, the bank is authorized to pay the amount of the deposit or any part thereof upon the check of the fiduciary, signed with the name in •which the deposit is entered, without being liable to the principal, unless the bank pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in drawing the check or with knowledge of facts that its action in paying the check amounts to bad faith. If, however, the check is payable to the drawee bank and is delivered to it in payment of or as security for a personal debt of the fiduciary to it, the bank is liable to the principal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the check. § 21-1707. Deposit in name of principal; check drawn thereon by fiduciary; check payable to drawee bank If a check is drawn upon a bank account of his principal by a fiduciary who is empowered to draw checks upon his principal's account, the bank is authorized to pay the checks without being liable

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to the principal, unless the bank pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in drawing the check, or with knowledge of facts that its action in paying the check amounts to bad faith. If, however, the check is payable to the drawee bank and is delivered to it in payment of or as security for a personal debt of the fiduciary to it, the bank is liable to the prmcipal if the fiduciary in fact commits a breach of his obligation as fiduciary in drawing or delivering the check. § 21-1708. Deposit in fiduciary personal account When a fiduciary deposits in a bank to his personal credit checks: (1) drawn by him upon an account in his own name as fiduciary; or (2) payable to him as fiduciary; or (3) drawn by him upon an account in the name of his principal if he is empowered to draw checks thereon; or (4) payable to his principal and indorsed by him, if he is empowered to indorse such checks— or if he otherwise deposits funds held by him as fiduciary, the bank receiving the deposit is not bound to inc[uire whether the fiduciary is committing thereby a breach of his obligation as fiduciary, and may pay the amount of the deposit or any part thereof upon the personal check of the fiduciary without being liable to the principal, unless the bank receives the deposit or pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in making the deposit or in drawing the check, or with knowledge of facts that its action in receiving the deposit or paying the check amounts to bad faith. § 21-1709. Deposit in names of two or more trustees When a deposit is made in a bank in the name of two or more persons as trustees and a check is drawn upon the trust account by any trustee authorized by the others to draw checks upon the trust account, neither the payee nor other holder nor the bank is bound to inquire whether it is a breach of trust to authorize the trustee to draw checks upon the trust account, and is not liable unless the circumstances be such that the action of the payee or other holder or the bank amounts to bad faith. §21-1710. Law not retroactive This chapter does not apply to transactions that took place prior to May 14, 1928. § 21-1711. Cases not provided for by chapter I n a case not provided for by this chapter the rules of law and equity, including the law merchant and those rules of law and equity relating to trusts, agency, negotiable instruments, and banking, continue to apply. § 21-1712. Short title This chapter may be cited as the "Uniform Fiduciaries Act".

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SEC. 2. The Commission on Mental Health continued by section 21-502 of Part III, District of Columbia Code, as set out in section 1 of this Act, is the Commission established by the Act approved June 8, 1938 (chapter 326, 52 Stat. 625), as amended, and continued by section 20 of the Act approved September 15, 1964 (Pub. Law 88-597, 78 Stat. 954). Chapter 5 of Title 21 of Part III, District of Columbia Code, as set out in section 1 of this Act, does not affect or impair the existence of the Commission so established and continued, and does not alter the pay or the terms of office of the members of the Commission serving as such on December 31, 1965. SEC. 3. Section 3 of the Act approved August 31, 1957 (Pub. L. 85- ^°"^'- "^^*^244, 71 Stat. 560), as amended by section 3 of the Act approved September 14, 1961 (Pub. L. 87-246, 75 Stat. 515), is amended to read as follows: "SEC. 3. Effective March 15, 1962, all provisions of the Act entitled 'An Act to establish a code of law for the District of Columbia', approved March 3, 1901, as amended, and all other laws in force in the District of Columbia, relating to the right of dower and its incidents, apply to both husband and wife." SEC. 4. The repeal, by section 8 of this Act, of section 19(b) of the Act approved September 15, 1964 (Pub. Law 88-597,78 Stat. 953; D.C. Code, 1961 ed., Supp. IV, 1965, sec. 21-308 note), and the prior repeal, by section 19(a) of such Act approved September 15, 1964 (78 Stat. 953) of the Act approved June 8, 1938 (chapter 326, 52 Stat. 625; D.C. Code, 1961 ed., sec. 21-308), as amended, and of the Act approved August 9, 1939 (chapter 620, 53 Stat. 1293; D.C. Code, 1961 ed., secs. 21-310 to 21-318, 21-320 to 21-325), as amended, do not affect (1) any action or proceeding brought prior to September 15, 1964, and existing on December 31, 1965, or (2) any liability incurred by a person for the payment of the costs of maintenance and treatment of an insane or incompetent person hospitalized in the District of Columbia prior to September 15, 1964, and any such action or proceeding shall be heard or determined and such liability continued in accordance with the provisions of those Acts in the same manner and to the same extent as if they had not been repealed. SEC. 5. There are authorized to be appropriated such sums as may Appropriation. be necessary to carry out the provisions of Part III, District of Columbia Code, as set out in section 1 of this Act. SEC. 6. The following British statutes, heretofore classified to Part III of the District of Columbia Code, 1961 edition, under the authority of section 1 of the Act approved March 3, 1901 (ch. 854, 31 Stat. 1189; D.C. Code, 1961 ed., sec. 49-301), have no further force, as such, in ' the District of Columbia: (1) 9 Henry III (1225), chapter 7, section 1 (D.C. Code, 1961 ed., sec. 18-201). (2) 13 Edward I (1285), chapter 4 (D.C. Code, 1961 ed., sec. 18207). (3) 13 Edward I (1285), chapter 7 (D.C. Code, 1961 ed., sec. 18208). (4) 13 Edward I (1285), chapter 15, section 1 (D.C. Code, 1961 od., sec. 21-117). (5) 13 Edward I (1285), chapter 34, section 4 (D.C. Code, 1961 ed., sec. 18-203). (6) 21 Henry VIII (1529), chapter 4, section 1 (D.C. Code, 1961 ed., sec. 18-605). (7) 27 Henry VIII (1535), chapter 10, sections 6, 7, 9 (D.C. Code, 1961 ed., secs. 18-206,18-209,18-205, respectively). (8) 43 Elizabeth I (1601), chapter 8. section 2 (D.C. Code, 1961 ed.. sec. 20-113).

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