A parent or guardian may file a written petition with the Court to have an individual under 14 years of age who is or is believed to have an intellectual disability committed to a facility. The Court shall promptly conduct a hearing in accordance with the procedures set forth in subchapter IV of this chapter to determine whether the Court shall order the commitment. The Court shall order such commitment only if it determines beyond a reasonable doubt that: Based on a comprehensive evaluation of the individual performed within one year prior to the hearing, the individual has at least a moderate intellectual disability and requires habilitation; Commitment to a facility is necessary in order for the individual to receive the habilitation indicated by the individual habilitation plan required under § 7-1304.03 ; The facility to which commitment is sought, its sponsoring agency, or the Department on Disability Services is capable of providing the required habilitation; and Commitment to that facility would be the least restrictive means of providing the habilitation. The facility, its sponsoring agency, or the Department on Disability Services shall provide a written statement to the Court, before commitment to the facility is ordered, that the habilitation indicated by the individual’s habilitation plan will be implemented.
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