Things begin to change….ppt

Things begin to change…? Sherrie Brown LSJ/CHID 434 January 13, 2010 * Status of legal rights of individuals with developmental disabilities historically Institutional settings: Infringement on fundamental right to liberty (travel, free association, privacy) Those “committed” often deprived of right to medical treatment, to habilitation, education, autonomy, privacy, sexual expression and even protection from harm. * Status continued: In community settings: Usually deprived of “normal” rights including education, ability to contract, to marry, be licensed, buy insurance, to vote and to be free from discrimination in obtaining employment, housing. In criminal justice system: Regardless of guilt, often confess, are prey for others during incarceration, etc. * Federal court decisions in 1970s Mentally retarded persons involuntarily confined to state institution had a constitutional right to habilitation. Wyatt v. Stickney (Alabama 1972) Humane psychological and physical environment ordered. Individualized habilitation and training plan required. Qualified professional and paraprofessional staff in sufficient numbers to deliver training required. Extensive protections ordered to ensure that individuals were afforded basic needs—e.g., adequate food, LRE, transition, minimal physical standards, etc. Court appointed a “Human Rights Committee” consisting of 7 members, including resident with mental retardation. * Judicial rulings continued: People with mental retardation have a constitutional right to protection from harm. NY State Association for Retarded Children v. Carey (consent decree 1975) Willowbrook forbidden from implementing seclusion, corporal punishment, medical experimentation and routine use of restraints. Decree mandated individual plans for education, therapy, care and development of each child. Establishment of a Consumer Advisory Committee of parents, community leaders, residents (current and former) to monitor. * Developmental Disabilities Assistan