Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Argued October 26, 2010

Before KRAMER and OBERLY, Associate Judges, and BELSON, Senior Judge.

The District of Columbia appeals from the Superior Court’s January 4, 2010, Findings of Fact, Conclusion of Law, and Order of Admission, which granted A.T.’s “Petition for Admission of a Mentally Retarded Person,” and ordered that A.T. be admitted to a Department on Disability Services (“DDS”) facility for the provision of residential habilitation. On appeal, the District argues, first, that the trial court had no authority to conduct a de novo hearing to determine whether A.T. fit within the statutory definition of “mentally retarded,” after DDS had already determined that she did not and, second, that under the correct, deferential standard for review of agency decisions, DDS’s determination that A.T. was ineligible for services should have been affirmed. In the alternative, the District argues that, if this court does not overturn the Superior Court’s de novo review of DDS’s administrative decision, then we should hold that the Superior Court erred when it held that a current diagnosis of mental retardation is not a prerequisite for obtaining residential habilitation services. We hold that the trial judge exceeded her authority in conducting a de novo review of DDS’s decision, and that DDS did not improperly deny services to A.T. Accordingly, we need not reach DDS’s argument that a current diagnosis of mental retardation is a prerequisite to eligibility for services.

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

New York Legal Awards 2022 (NYLA)

October 06, 2022
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.

Learn More

Women, Influence & Power in Law Awards (WIPLA) 2022

October 18, 2022
Washington, DC

Women, Influence & Power in Law Awards honors women lawyers who have made a remarkable difference in the legal profession.

Learn More

National Law Journal Legal Awards (NLJLA) 2022

October 20, 2022
Washington, DC

The National Law Journal honors attorneys & judges who've made a remarkable difference in the legal profession in the D.C. area.

Learn More

Corporate Counsel

An international entertainment company headquartered in the Sarasota area is seeking a corporate counsel to draft, review and negotiate a ...

Apply Now ›

Plaintiffs' Personal Injury Attorney

A growing and highly successful plaintiffs' personal injury law firm with several offices in Tampa Bay is seeking a senior attorney with tri...

Apply Now ›

Insurance Defense Associate

A highly regarded Tampa law firm is seeing an insurance defense attorney with 2+ years of general insurance-related litigation experience. ...

Apply Now ›



Chiesa Shahinian & Giantomasi : Commitment to the highest standards of service.

View Announcement ›


DR Web

Schulten Ward Turner & Weiss, LLP is pleased to announce that John Gracia has joined the firm as a partner.

View Announcement ›



WISNIEWSKI & ASSOCIATES LLC Takes pleasure in announcing that Civil Litigator DOUGLAS R. D ANTONIO has become a Partner of the Firm.

View Announcement ›