§6000. Findings, purpose, and policy

(a) Findings

The Congress finds that-

(1) in 1993 there are more than 3,000,000 individuals with developmental disabilities in the United States;

(2) disability is a natural part of the human experience that does not diminish the right of individuals with developmental disabilities to enjoy the opportunity to live independently, enjoy self-determination, make choices, contribute to society, and experience full integration and inclusion in the economic, political, social, cultural, and educational mainstream of American society;

(3) individuals with developmental disabilities continually encounter various forms of discrimination in critical areas;

(4) there is a lack of public awareness of the capabilities and competencies of individuals with developmental disabilities;

(5) individuals whose disabilities occur during their developmental period frequently have severe disabilities that are likely to continue indefinitely;

(6) individuals with developmental disabilities often require lifelong specialized services and assistance, provided in a coordinated and culturally competent manner by many agencies, professionals, advocates, community representatives, and others to eliminate barriers and to meet the needs of such individuals and their families;

(7) a substantial portion of individuals with developmental disabilities and their families do not have access to appropriate support and services from generic and specialized service systems and remain unserved or underserved;

(8) family members, friends, and members of the community can play an important role in enhancing the lives of individuals with developmental disabilities, especially when the family and community are provided with the necessary services and supports;

(9) there is a need to ensure that services, supports, and other assistance are provided in a culturally competent manner, that individuals from racial and ethnic minority backgrounds are fully included in all activities under this chapter, and that greater efforts are made to recruit individuals from minority backgrounds into the field of developmental disabilities; and

(10) the goals of the Nation properly include the goal of providing individuals with developmental disabilities with the opportunities and support to-

(A) make informed choices and decisions;

(B) live in homes and communities in which such individuals can exercise their full rights and responsibilities as citizens;

(C) pursue meaningful and productive lives;

(D) contribute to their family, community, State, and Nation;

(E) have interdependent friendships and relationships with others; and

(F) achieve full integration and inclusion in society, in an individualized manner, consistent with unique strengths, resources, priorities, concerns, abilities, and capabilities of each individual.

(b) Purpose

The purpose of this chapter is to assure that individuals with developmental disabilities and their families participate in the design of and have access to culturally competent services, supports, and other assistance and opportunities that promote independence, productivity, and integration and inclusion into the community, through-

(1) support to State Developmental Disabilities Councils in each State to promote, through systemic change, capacity building, and advocacy activities that are consistent with the policy under subsection (c)(2) of this section, a consumer and family-centered, comprehensive system, and a coordinated array of services, supports, and other assistance for individuals with developmental disabilities and their families;

(2) support to protection and advocacy systems in each State to protect the legal and human rights of individuals with developmental disabilities;

(3) support to university affiliated programs to provide interdisciplinary preservice preparation of students and fellows, community service activities, and the dissemination of information and research findings; and

(4) support to national initiatives to collect necessary data, provide technical assistance to State Developmental Disabilities Councils, protection and advocacy systems and university affiliated programs, and support other nationally significant activities.

(c) Policy

It is the policy of the United States that all programs, projects, and activities receiving assistance under this chapter shall be carried out in a manner consistent with the principles that-

(1) individuals with developmental disabilities, including those with the most severe developmental disabilities, are capable of achieving independence, productivity, and integration and inclusion into the community, and often require the provision of services, supports and other assistance to achieve independence, productivity, and integration and inclusion;

(2) individuals with developmental disabilities and their families have competencies, capabilities and personal goals that should be recognized, supported, and encouraged, and any assistance to such individuals should be provided in an individualized manner, consistent with the unique strengths, resources, priorities, concerns, abilities, and capabilities of such individuals;

(3) individuals with developmental disabilities and their families are the primary decisionmakers regarding the services and supports such individuals and their families receive and play decisionmaking roles in policies and programs that affect the lives of such individuals and their families;

(4) services, supports, and other assistance are provided in a manner that demonstrates respect for individual dignity, personal preferences, and cultural differences;

(5) specific efforts must be made to ensure that individuals from racial and ethnic minority backgrounds enjoy effective and meaningful opportunities for full participation in the developmental disabilities service system;

(6) recruitment efforts within developmental disabilities at the level of preservice training, community training, practice, administration and policymaking must focus on bringing larger numbers of racial and ethnic minorities into the field in order to provide appropriate skills, knowledge, role models, and sufficient manpower to address the growing needs of an increasingly diverse population;

(7) with education and support, communities can be responsive to the needs of individuals with developmental disabilities and their families and are enriched by the full and active participation and the contributions by individuals with developmental disabilities and their families; and

(8) individuals with developmental disabilities should have access to opportunities and the necessary support to be included in community life, have interdependent relationships, live in homes and communities, and make contributions to their families, community, State, and Nation.

(Pub. L. 88–164, title I, §101, as added Pub. L. 98–527, §2, Oct. 19, 1984, 98 Stat. 2662 ; amended Pub. L. 100–146, title I, §101, Oct. 29, 1987, 101 Stat. 840 ; Pub. L. 101–496, §3, Oct. 31, 1990, 104 Stat. 1191 ; Pub. L. 103–230, title I, §102, Apr. 6, 1994, 108 Stat. 285 .)

References in Text

This chapter, referred to in subsecs. (a)(9), (b), and (c), was in the original "this Act" and was translated as reading "this title", meaning title I of Pub. L. 88–164, known as the Developmental Disabilities Assistance and Bill of Rights Act, to reflect the probable intent of Congress.

Prior Provisions

A prior section 6000, Pub. L. 88–164, title I, §101, as added Pub. L. 95–602, title V, §502, Nov. 6, 1978, 92 Stat. 3004 , set out Congressional statement of findings and purpose, prior to the general amendment of this chapter by Pub. L. 98–527.

Amendments

1994-Pub. L. 103–230 amended section generally, substituting provisions relating to congressional findings, purpose, and policy for provisions relating to congressional findings and purposes.

1990-Subsec. (a)(1). Pub. L. 101–496, §3(1)(A), substituted "in 1990 there are more than three" for "there are more than two".

Subsec. (a)(7) to (9). Pub. L. 101–496, §3(1), added par. (7) and redesignated former pars. (7) and (8) as (8) and (9), respectively.

Subsec. (b)(3) to (8). Pub. L. 101–496, §3(2), added pars. (3) to (7) and redesignated former par. (3) as (8).

1987-Pub. L. 100–146 amended section generally, substituting subsec. (a), consisting of pars. (1) to (8), for former subsec. (a), consisting of pars. (1) to (5), and substituting subsec. (b), consisting of pars. (1) to (3), for former subsec. (b), consisting of pars. (1) and (2).

Effective Date of 1987 Amendment

Section 601 of Pub. L. 100–146 provided that: "This Act, and the amendments made by this Act [see Short Title of 1987 Amendment note below], shall become effective on October 1, 1987."

Short Title of 1994 Amendment

Section 1(a) of Pub. L. 103–230 provided that: "This Act [enacting sections 6025a, 6065, and 6066 of this title, amending this section and sections 6001, 6003, 6005 to 6009, 6021, 6022, 6024, 6025, 6026, 6027, 6029, 6030, 6041 to 6043, 6061 to 6064, and 6081 to 6083 of this title, repealing sections 6002, 6004, 6023, and 6028 of this title, enacting provisions set out as a note under section 6025 of this title, and amending provisions set out as a note under this section] may be cited as the 'Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1994'."

Short Title of 1990 Amendment

Section 1 of Pub. L. 101–496 provided that: "This Act [amending this section and sections 6001, 6002, 6006 to 6009, 6021, 6022, 6024, 6025, 6030, 6042, 6043, 6062 to 6064, and 6081 to 6083 of this title] may be cited as the 'Developmental Disabilities Assistance and Bill of Rights Act of 1990'."

Short Title of 1987 Amendment

Section 1 of Pub. L. 100–146 provided that: "This Act [amending this section and sections 6001, 6006, 6021 to 6025, 6027, 6030, 6042, 6043, 6061 to 6064, and 6081 to 6083 of this title, and enacting provisions set out as a note above] may be cited as the 'Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1987'."

Short Title of 1984 Amendment

Section 1 of Pub. L. 98–527 provided: "That this Act [enacting this chapter] may be cited as the 'Developmental Disabilities Act of 1984'."

Short Title

Section 1 of Pub. L. 94–103 provided that: "This Act [see Codification note preceding this section] may be cited as the 'Developmentally Disabled Assistance and Bill of Rights Act'."

Section 1 of Pub. L. 88–164, Oct. 31, 1963, 77 Stat. 282 , as amended, provided that: "This Act [enacting this chapter and subchapter III (§2689 et seq.) of chapter 33 of this title, and enacting provisions set out as notes under this section and section 2689 of this title] may be cited as the 'Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963'."

Pub. L. 88–164, title I, §101, as added by Pub. L. 94–103, title I, §125, which provided that: "This title [this chapter] may be cited as the 'Developmental Disabilities Services and Facilities Construction Act'.", was struck out by Pub. L. 95–602, title V, §502.

Pub. L. 88–164, title I, §100, as added by Pub. L. 98–527, §2, Oct. 19, 1984, 98 Stat. 2662 , and amended by Pub. L. 103–230, title I, §101(c), Apr. 6, 1994, 108 Stat. 285 , provided that: "This title [enacting this chapter] may be cited as the 'Developmental Disabilities Assistance and Bill of Rights Act'."

Section Referred to in Other Sections

This section is referred to in sections 6021, 6024 of this title.