42 U.S.C. § 15009 — Rights of individuals with developmental disabilities

submitted 26 years ago by Pub. L. 106-402 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 535 words · no verdicts yet

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Congress found that people with developmental disabilities have a right to appropriate treatment in the least restrictive setting, and that public funding should only go to programs meeting minimum safety standards. Those standards ban improper restraint and seclusion, require sufficient medical care, and guarantee family visits without advance notice. These rights add to, and don't replace, any other rights the person already has.

(a) In general. Congress makes these findings about the rights of individuals with developmental disabilities: (1) People with developmental disabilities have a right to appropriate treatment, services, and habilitation, consistent with the policy in section 15001(c). (2) That treatment, services, and habilitation should be designed to maximize the person's potential, and be provided in the setting that is least restrictive of their personal liberty. (3) The federal government and the states must make sure public funds go only to institutional, residential, and other community programs — including educational programs — that (A) provide treatment, services, and habilitation appropriate to the person's needs, and (B) meet minimum standards for (i) care that is free of abuse, neglect, sexual and financial exploitation, and rights violations, and that keeps the person no more at risk of harm than others in the general population; (ii) appropriate and sufficient medical and dental services; (iii) a ban on physical restraint and seclusion unless absolutely necessary for the person's or others' immediate physical safety, and never as punishment or a substitute for a habilitation program; (iv) a ban on excessive chemical restraints, and on using them as punishment, as a substitute for habilitation, or in amounts that interfere with services or treatment; and (v) letting close relatives or guardians visit without advance notice. (4) All programs for people with developmental disabilities should meet standards (A) designed to produce the most favorable outcome for the people served, and (B) that: (i) for residential programs serving people who need comprehensive health-related, habilitative, assistive technology, or rehabilitative services, are at least as strong as the standards for intermediate care facilities set in the Secretary's June 3, 1988 regulations, adjusted for facility size and how services are delivered; (ii) for other residential programs, ensure (I) care fits the needs of the people served, (II) the facility can actually meet the needs of the people it admits, and (III) the facility provides humane, sanitary care and protects residents' rights; and (iii) for non-residential programs, ensure the care fits the people served. (b) Clarification. These rights are in addition to any constitutional or other rights already available to everyone.

the actual law source: uscode.house.gov ↗public domain

(a) In general

Congress makes the following findings respecting the rights of individuals with developmental disabilities:

(1)

Individuals with developmental disabilities have a right to appropriate treatment, services, and habilitation for such disabilities, consistent with section 15001(c) of this title.

(2)

The treatment, services, and habitation 1 for an individual with developmental disabilities should be designed to maximize the potential of the individual and should be provided in the setting that is least restrictive of the individual’s personal liberty.

(3)

The Federal Government and the States both have an obligation to ensure that public funds are provided only to institutional programs, residential programs, and other community programs, including educational programs in which individuals with developmental disabilities participate, that—

(A)

provide treatment, services, and habilitation that are appropriate to the needs of such individuals; and

(B)

meet minimum standards relating to—

(i)

provision of care that is free of abuse, neglect, sexual and financial exploitation, and violations of legal and human rights and that subjects individuals with developmental disabilities to no greater risk of harm than others in the general population;

(ii)

provision to such individuals of appropriate and sufficient medical and dental services;

(iii)

prohibition of the use of physical restraint and seclusion for such an individual unless absolutely necessary to ensure the immediate physical safety of the individual or others, and prohibition of the use of such restraint and seclusion as a punishment or as a substitute for a habilitation program;

(iv)

prohibition of the excessive use of chemical restraints on such individuals and the use of such restraints as punishment or as a substitute for a habilitation program or in quantities that interfere with services, treatment, or habilitation for such individuals; and

(v)

provision for close relatives or guardians of such individuals to visit the individuals without prior notice.

(4)

All programs for individuals with developmental disabilities should meet standards—

(A)

that are designed to assure the most favorable possible outcome for those served; and

(B)

(i)

in the case of residential programs serving individuals in need of comprehensive health-related, habilitative, assistive technology or rehabilitative services, that are at least equivalent to those standards applicable to intermediate care facilities for the mentally retarded, promulgated in regulations of the Secretary on June 3, 1988, as appropriate, taking into account the size of the institutions and the service delivery arrangements of the facilities of the programs;

(ii)

in the case of other residential programs for individuals with developmental disabilities, that assure that—

(I)

care is appropriate to the needs of the individuals being served by such programs;

(II)

the individuals admitted to facilities of such programs are individuals whose needs can be met through services provided by such facilities; and

(III)

the facilities of such programs provide for the humane care of the residents of the facilities, are sanitary, and protect their rights; and

(iii)

in the case of nonresidential programs, that assure that the care provided by such programs is appropriate to the individuals served by the programs.

(b) Clarification

The rights of individuals with developmental disabilities described in findings made in this section shall be considered to be in addition to any constitutional or other rights otherwise afforded to all individuals.

Source credit: (Pub. L. 106–402, title I, § 109, Oct. 30, 2000, 114 Stat. 1692.)

history & why it existsrecord from the source credit

2000Enacted · Pub. L. 106-402 · 114 Stat. 1692

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-402 on 2000-10-30.

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