District Of Columbia § 7-1305.04 - Comprehensive evaluation and individual habilitation plan.
Full text of District Of Columbia D.C. Code § 7-1305.04 — Comprehensive evaluation and individual habilitation plan., with citation guidance and answers to common questions.
§ 7-1305.04. Comprehensive evaluation and individual habilitation plan.
7-1305.04Prior to each individual’s commitment under this chapter, the individual shall receive, pursuant to , a comprehensive evaluation or screening and an individual habilitation plan. Within 30 days of an individual’s admission pursuant to , the individual shall have a comprehensive evaluation or screening and an individual habilitation plan.
All individual habilitation plans shall include:
Current information on whether the individual has the capacity to grant, refuse, or withdraw consent to any ongoing medical treatment and:
Has executed or could execute a durable power of attorney in accordance with ; or
Has an individual reasonably available, mentally capable, and willing to provide substituted consent pursuant to ; and
A current durable power of attorney or, in the absence of a durable power of attorney, documentation that the person has been offered an opportunity to execute a durable power of attorney pursuant to and has declined.
Annual reevaluations or screenings of the individual shall be provided as determined by the individual’s interdisciplinary team. Annual reevaluations and screenings shall include a review of and update to the individual habilitation plan on whether the individual:
Has the capacity to grant, refuse, or withdraw consent to any ongoing medical treatment;
Has executed or could execute a durable power of attorney in accordance with ;
Has been offered an opportunity to execute a durable power of attorney pursuant to and declined; or
Has an individual reasonably available, mentally capable, and willing to provide substituted consent pursuant to .
By April 15, 2009, the DDS shall establish written procedures for incorporating a review of all mental-health services, including psychotropic medications, behavioral plans, and any other psychiatric treatments, into the annual reevaluations and screenings conducted by the individual’s interdisciplinary team.
Nothing in this subsection shall be construed as requiring any person to execute a durable power of attorney for health care.
Within 10 days of an individual’s commitment pursuant to , or within 30 days of admission pursuant to , the facility, the facility’s sponsoring agency, or the Department on Disability Services shall:
Designate each professional or staff member who is responsible for implementing or overseeing the implementation of an individual’s individual habilitation plan;
Designate each District agency, private agency, or service responsible for providing the habilitation included in the plan; and
Specify the role and objectives of each District agency, private agency, or service with respect to the plan.
To the extent of funds appropriated for the purposes of this chapter, each individual shall receive habilitation, care, or both consistent with the recommendations included in the individual’s individual habilitation plan. The Department on Disability Services shall set standards for habilitation and care provided to such individuals, consistent with standards set by the Council on Quality and Leadership, including staff-individual and professional-individual ratios. In the interests of continuity of care, 1 qualified developmental disability professional shall be responsible for informing the Chief Program Director, or the Director, when the individual should be released to a less restrictive setting and for continually reviewing the plan.
Notwithstanding the availability of an appropriation to carry out the purposes of this chapter, effective January 1, 2012, a District resident with intellectual disability who is otherwise eligible to receive supports and services from the District pursuant to this chapter, consistent with the recommendations included in the individual habilitation plan, must either pay the full cost of such supports and services directly to the provider or become District Medicaid-eligible and maintain District Medicaid eligibility in order to receive supports and services under this chapter from a District Medicaid-eligible provider. This requirement shall not apply to a person:
Who is a former resident of Forest Haven;
Whose needs cannot reasonably be met by a District Medicaid provider;
Who is eligible for enrollment in the D.C. Healthcare Alliance; or
Whose representative payee for the purposes of Social Security benefits is the Department of Disability Services or a provider agency who is contracted with the District to provide supports and services for that person, if the reason the person lost Medicaid eligibility is due to a failure by the representative payee.
The Department of Disability Services shall work with and support the person to become District Medicaid-eligible and to maintain District Medicaid eligibility, and the person and his or her representatives, estate, or both shall fully cooperate in such efforts.
Annotations
Source: official District Of Columbia text · Last verified 2026-08-27
Frequently Asked Questions About District Of Columbia § 7-1305.04
What does D.C. Code § 7-1305.04 cover?
Section 7-1305.04 ("Comprehensive evaluation and individual habilitation plan.") is part of the D.C. Code, the codified statutory law of District Of Columbia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite District Of Columbia § 7-1305.04?
A common citation format is "D.C. Code § 7-1305.04" (District Of Columbia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of District Of Columbia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the District Of Columbia official source linked on this page or consult a licensed District Of Columbia attorney.
How does District Of Columbia § 7-1305.04 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in District Of Columbia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in District Of Columbia.