The Director shall discharge any resident admitted or committed pursuant to this subchapter if, in the judgment of the Director, the results of a comprehensive evaluation, which shall be performed at least annually, indicate that residential care is no longer advisable. In the case of an individual committed under § 7-1304.06a , the Director shall also consider whether the individual would be likely to cause injury to others as a result of his or her intellectual disability if the individual were to be discharged from residential care. Notice of the proposed discharge under subsection (a) of this section shall be served on the resident, the resident’s parent or guardian, the resident’s counsel, the advocate for a person with an intellectual disability, and, in the case of an individual committed under § 7-1304.06a , the District at least 30 days prior to the proposed discharge. If the resident, the resident’s parent or guardian, the resident’s counsel, the advocate for a person with an intellectual disability, or, in the case of an individual committed under § 7-1304.06a , the District objects to the discharge, he or she, or the District, may file a petition with the Court requesting a hearing in accordance with the procedures set forth in subchapter IV of this chapter . Any objecting party shall file the petition requesting a hearing with the Court within 10 days of receiving the notice. The hearing, if one is requested, shall be held on or before the discharge date. The resident shall not be discharged prior to the hearing.
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