Chapter 14. Forest Haven.
§ 44–1401. Authority to acquire site and erect buildings; title to, and jurisdiction over, land.
The Mayor of the District of Columbia is authorized and directed to acquire a site for a home and school for persons with intellectual disabilities, said site to be located in the District of Columbia or in the State of Maryland or in the State of Virginia, and to erect thereon suitable buildings for a home and school persons with intellectual disabilities. The title to said land is to be taken directly to and in the name of the United States. But the land so acquired shall be under the jurisdiction of the Mayor of the District of Columbia as agent of the United States. The persons are to be admissible to said home and school and the proceedings with reference to securing such admission are to be in accordance with law.
(Feb. 28, 1923, 42 Stat. 1360, ch. 148, § 1 ; Sept. 26, 2012, D.C. Law 19-169, § 30, 59 DCR 5567 .)
Prior Codifications
1981 Ed., § 32-801.
1973 Ed., § 32-601.
Section References
This section is referenced in § 44-1402 .
Effect of Amendments
The 2012 amendment by D.C. Law 19-169 substituted “persons with intellectual disabilities” for “feebleminded persons” twice in the first sentence.
Cross References
Substantially retarded persons, commitment and maintenance, Forest Haven defined, see § 21-1101 .
Temporary Legislation
Section 2 of D.C. Law 19-93 added a section to read as follows: “Sec. 2. Notwithstanding any conditions to the contrary or any procedures, requirements, or restrictions set forth in the Department of General Services Establishment Act of 2011, effective September 14, 2011 (D.C. Law 19-21 ; 58 DCR 6226), An Act Authorizing the sale of certain real estate in the District of Columbia no longer required for public purposes, approved August 5, 1939 (53 Stat. 1211; D.C. Official Code § 10-801 et seq.), or any other law, the Council approves the disposition by the Mayor of a portion of the approximately 827 acres of real property designated as Tax Map 20, Grid 15, Parcel 96 in the Maryland land records and known by the address 8400 River Road, Laurel, Maryland, which was acquired by the United States in 1923 for the exclusive use of the District pursuant to the provisions of An Act Making appropriations for the government of the District of Columbia and other activities chargeble in whole or in part against the revenues of such District for the fiscal year ending June 30, 1924, and for other purposes, approved February 28, 1923 (42 Stat. 1360; D.C. Official Code § 44-1401 ), and as the Easement Area pursuant to a quit claim deed of conservation easement for a period of greater than 20 years, inclusive of extension options, to a nonprofit conservation group and otherwise in accordance with the settlement conditions document entered into between the government of the District of Columbia and the United States Environmental Protection Agency, in USA EPA Docket No. RCRA-3-2010-0071.”
Section 4(b) of D.C. Law 19-93 provided that the act shall expire after 225 days of its having taken effect.
Editor's Notes
Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11 ), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a) ), appropriate changes in terminology were made in this section.
§ 44–1402. Control and supervision; name.
The institution for the custody, care, education, training, and treatment of persons with intellectual disabilities, established by § 44-1401 , shall be under the control and supervision of the Department of Human Services of the District, and shall be known as Forest Haven.
(Mar. 3, 1925, 43 Stat. 1135, ch. 460, § 1 ; Mar. 16, 1926, 44 Stat. 208, ch. 58, §§ 1, 2; Oct. 22, 1970, 84 Stat. 1087, Pub. L. 91-490, § 1(1) ; Sept. 26, 2012, D.C. Law 19-169, § 31, 59 DCR 5567 .)
Prior Codifications
1981 Ed., § 32-802.
1973 Ed., § 32-602.
Effect of Amendments
The 2012 amendment by D.C. Law 19-169 substituted “persons with intellectual disabilities” for “substantially retarded persons.”
Cross References
Charitable organizations receiving federal appropriations, board members, and adverse or pecuniary interest, see § 44-714 .
Prisons and prisoners, fugitives and rewards, see § 24-201.27 .
Public welfare supervision, generally, see § 4-105 et seq.
Substantially retarded persons, commitment and maintenance, Forest Haven defined, see § 21-1101 .
Editor's Notes
Board of Public Welfare abolished: The Board of Public Welfare was abolished and the functions thereof transferred to the Board of Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952. Reorganization Order No. 58 as amended, redesignated as Organization Order No. 140 and amended, established, under the direction and control of a Commissioner, a Department of Public Welfare, headed by a Director with the purpose of planning, implementing, and directing public welfare programs. Reorganization Order No. 58 provided that the previously existing Board of Public Welfare would be abolished. That Order also transferred specified functions of the former Board to the Department of Public Health and the Department of Public Welfare. The executive functions of the Board of Commissioners were transferred to the commissioner of the District of Columbia by § 401 of Reorganization Plan No. 3 of 1967. Functions of the Department of Public Welfare and of the Department of Public Health as set forth in Organization Order Nos. 140 and 141, respectively, were transferred to the Director of the Department of Human Resources by Commissioner’s Order No. 69-96, dated March 7, 1969, as amended by Commissioner’s Order No. 70-83, dated March 6, 1970. The Department of Human Resources was replaced by the Department of Human Services by Reorganization Plan No. 2 of 1979, dated February 21, 1980.
Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
§ 44–1403. Sale of products; disposition of proceeds.
The Superintendent of the said institution may sell such of the farm, greenhouse, and garden products, and the products of the industrial shops as may not be required in the maintenance and conduct of the home and school, and the funds so secured shall be paid into the Treasury of the United States to the credit of the General Fund of the District of Columbia.
(Mar. 3, 1925, 43 Stat. 1135, ch. 460, § 5 ; June 28, 1944, 58 Stat. 533, ch. 300, § 18.)
Prior Codifications
1981 Ed., § 32-803.
1973 Ed., § 32-606.
§ 44–1404. Severability.
The invalidity of any part of this chapter shall not be construed to affect the validity of any other part capable of having practical operation and effect without the invalid part.
