Page:United States Statutes at Large Volume 79.djvu/808

 768

PUBLIC LAW 89-183-SEPT. 14, 1965

[79 STAT.

§ 21-1106. Warrant to take into custody; detention or temporary guardianship; place of detention Pursuant to the filing of a petition under section 21-1103, or upon motion at any time thereafter, where it is made to appear to the court by evidence given under oath that it is for the best interest of the alleged feeble-minded person or of other persons or of the community that he be at once taken into custody, or that the service of summons will be ineffectual to secure his presence, a warrant may issue on the order of the court directing that he be taken into custody and brought before the court forthwith or at such time and place as the court appoints. Pending the hearing of the petition, the court may order the detention of the alleged feeble-minded person, or the placing of him under temporary guardianship of a suitable person, on the latter person's entering into a recognizance for his appearance, as the court deems proper. Pending the hearing of the petition, the alleged feebleminded person may not be detained in a place provided for the detention of persons charged with or convicted of a criminal or quasicriminal offense. § 21-1107. Hearing; continuances; character of proofs; jury trial After the filing of a petition under section 21-1103 and pending the final disposition of the case, the court may continue the hearing from time to time. The court shall take proofs as to the financial circumstances of the alleged feeble-minded persons and of his relatives legally liable for his support, and as to the alleged condition of the person and his personal and family history, and shall fully investigate the facts before making an order. When a jury is not required, the court shall determine the question of whether the person is feeble-minded. If the court deems it necessary, or if the alleged feeble-minded person or a relative or a person with whom he resides so demands, a jury shall be summoned to determine the question of whether the person is feebleminded. The jury shall be selected from the jurors in attendance upon the court or a special jury may be summoned to determine the question. § 21-1108. Dismissal and discharge, or placement in District Training School; controlling considerations Where, at a hearing under section 21-1107, the court or the jury finds that the alleged feeble-minded person is not feeble-minded as defined by this chapter, the court shall order the petition dismissed and the person discharged. Where the court or the jury finds that the alleged feeble-minded person is feeble-minded and subject to be dealt with under this chapter, have regard to all the circumstances appearing at the hearing, the controlling factor throughout the proceedings being the welfare of the persons of the community, the court shall enter a decree directing that the feeble-minded person be placed in the District Training School. The decree so entered is binding upon all persons whom it may concern until rescinded or otherwise superseded or set aside. § 21-1109. Private and public patients; bond for support and maintenance; sufficiency and justification of sureties (a) If, at the time of or before the making of an order for placement in the District Training School pursuant to section 21-1108, a bond in the penal sum of $1,000, executed by a surety company authorized to do business in the District of Columbia, or by two or more sureties to be approved by the court, running to the United States and conditioned for the payment of the support and maintenance of the person in the manner prescribed by law, is delivered to the court, together with the sum of $50 as an advance payment toward the support of

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