(a) If no previous examination has been made under section 16-2315 and the Division, after a factfinding but before a dispositional hearing, has reason to believe that a child has a mental illness or a substantial intellectual disability, it may order an examination as provided in section 16-2315.
(b) If as a result of the examination the child is found to have a mental illness or a substantial intellectual disability, the Division may, in lieu of other disposition, direct the appropriate authority to initiate commitment proceedings under Chapter 5 or 11 of Title 21. The Division may order the child detained in suitable facilities pending commitment proceedings.
(c) If the examination does not indicate that commitment proceedings should be initiated or if the proceedings do not result in commitment, the Division shall proceed to disposition pursuant to this subchapter.
(July 29, 1970, 84 Stat. 536, Pub. L. 91-358, title I, § 121(a); Sept. 26, 2012, D.C. Law 19-169, §§ 20(c)(1), 20(c)(3), 59 DCR 5567.)
1981 Ed., § 16-2321.
1973 Ed., § 16-2321.
The 2012 amendment by D.C. Law 19-169 rewrote the section heading, which formerly read: “Disposition of mentally ill or substantially retarded child”; substituted “has a mental illness or a substantial intellectual disability” for “is mentally ill or substantially retarded” in (a); and substituted “have a mental illness or a substantial intellectual disability” for “be mentally ill or substantially retarded” in the first sentence of (b).
Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
Structure District of Columbia Code
Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]
Chapter 23 - Family Division [Family Court] Proceedings
Subchapter I - Proceedings Regarding Delinquency, Neglect, or Need of Supervision
§ 16–2301.01. References deemed to refer to Family Court of the Superior Court
§ 16–2302. Transfer of criminal matters to Family Division
§ 16–2303. Retention of jurisdiction
§ 16–2304. Right to counsel; party status
§ 16–2305. Petition; contents; amendment
§ 16–2305.02. Preliminary probation conferences; adjustment process
§ 16–2306. Service of summons and petition
§ 16–2307. Transfer for criminal prosecution
§ 16–2309. Taking into custody
§ 16–2310. Criteria for detaining children
§ 16–2310.01. Separation of young children detained prior to a hearing
§ 16–2311. Release or delivery to Family Division [Family Court]
§ 16–2312. Detention or shelter care hearing; intermediate disposition
§ 16–2313. Place of detention or shelter
§ 16–2315. Physical and mental examinations
§ 16–2316. Conduct of hearings; evidence
§ 16–2317. Hearings, findings; dismissal
§ 16–2318. Order of adjudication noncriminal
§ 16–2319. Predisposition study and report
§ 16–2320. Disposition of child who is neglected, delinquent, or in need of supervision
§ 16–2321. Disposition of child with mental illness or a substantial intellectual disability
§ 16–2322. Limitation of time on dispositional orders
§ 16–2323. Review of dispositional orders
§ 16–2324. Vacation, termination of orders
§ 16–2325. Support of committed child
§ 16–2325.01. Participation order
§ 16–2325.02. Report on failure of respondents to appear in delinquency cases
§ 16–2326. Court costs and expenses
§ 16–2326.01. Compensation of attorneys in neglect and termination of parental rights proceedings
§ 16–2327. Probation revocation; disposition
§ 16–2328. Interlocutory appeals
§ 16–2329. Finality of judgments; appeals; transcripts
§ 16–2331. Juvenile case records; confidentiality; inspection and disclosure
§ 16–2332. Juvenile social records; confidentiality; inspection and disclosure
§ 16–2333. Police and other law enforcement records
§ 16–2333.01. Permitted disclosures of juvenile information
§ 16–2333.02. Juvenile Abscondence Review Committee
§ 16–2334. Fingerprint records
§ 16–2335.02. Sealing of records on ground of actual innocence
§ 16–2336. Unlawful disclosure of records; penalties
§ 16–2337. Additional powers of the Director of Social Services
§ 16–2338. Emergency medical treatment
§ 16–2339. Immunity for juveniles who are witnesses in juvenile proceedings
§ 16–2340. Rights of victims or eyewitnesses in delinquency proceedings