§6009. Rights of individuals with developmental disabilities

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.

(2) The treatment, services, and habilitation for an individual with developmental disabilities should be designed to maximize the developmental 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 assure that public funds are not provided to any institutional or other residential program for individuals with developmental disabilities that-

(A) does not provide treatment, services, and habilitation which is appropriate to the needs of such individuals; or

(B) does not meet the following minimum standards:

(i) Provision of a nourishing, well-balanced daily diet to the individuals with developmental disabilities being served by the program.

(ii) Provision to such individuals of appropriate and sufficient medical and dental services.

(iii) Prohibition of the use of physical restraint on such individuals unless absolutely necessary and prohibition of the use of such restraint as a punishment or as a substitute for a habilitation program.

(iv) Prohibition on 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.

(v) Permission for close relatives of such individuals to visit them at reasonable hours without prior notice.

(vi) Compliance with adequate fire and safety standards as may be promulgated by the Secretary.

(4) All programs for individuals with developmental disabilities should meet standards which are designed to assure the most favorable possible outcome for those served, and-

(A) in the case of residential programs serving individuals in need of comprehensive health-related, habilitative, or rehabilitative services, which 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 when taking into account the size of the institutions and the service delivery arrangements of the facilities of the programs;

(B) in the case of other residential programs for individuals with developmental disabilities, which assure that care is appropriate to the needs of the individuals being served by such programs, assure that the individuals admitted to facilities of such programs are individuals whose needs can be met through services provided by such facilities, and assure that the facilities under such programs provide for the humane care of the residents of the facilities, are sanitary, and protect their rights; and

(C) in the case of nonresidential programs, which assure the care provided by such programs is appropriate to the individuals served by the programs.

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

(Pub. L. 88–164, title I, §110, as added Pub. L. 98–527, §2, Oct. 19, 1984, 98 Stat. 2669 ; amended Pub. L. 101–496, §9, Oct. 31, 1990, 104 Stat. 1195 ; Pub. L. 103–230, title I, §111, Apr. 6, 1994, 108 Stat. 296 .)

Prior Provisions

A prior section 6009, Pub. L. 88–164, title I, §110, as added Pub. L. 94–103, title I, §128, Oct. 4, 1975, 89 Stat. 501 ; amended Pub. L. 95–602, title V, §§504(b)(1), 506, Nov. 6, 1978, 92 Stat. 3006 , 3007; Pub. L. 96–32, §3(b), July 10, 1979, 93 Stat. 82 , set forth provisions respecting development, etc., of evaluation system, prior to repeal by Pub. L. 97–35, title IX, §912(a), Aug. 13, 1981, 95 Stat. 563 .

Prior sections 6010 to 6012 were omitted in the general amendment of this chapter by Pub. L. 98–527.

Section 6010, Pub. L. 88–164, title I, §111, as added Pub. L. 94–103, title II, §201, Oct. 4, 1975, 89 Stat. 502 ; amended Pub. L. 95–602, title V, §507, Nov. 6, 1978, 92 Stat. 3007 , set forth Congressional findings respecting rights of the developmentally disabled. See section 6009 of this title.

Section 6011, Pub. L. 88–164, title I, §112, as added Pub. L. 94–103, title II, §202, Oct. 4, 1975, 89 Stat. 503 ; amended Pub. L. 95–602, title V, §514(a), Nov. 6, 1978, 92 Stat. 3016 , related to habilitation plans. See section 6023 of this title.

Section 6012, Pub. L. 88–164, title I, §113, as added Pub. L. 94–103, title II, §203, Oct. 4, 1975, 89 Stat. 504 ; amended Pub. L. 95–602, title V, §508, Nov. 6, 1978, 92 Stat. 3007 ; Pub. L. 97–35, title IX, §911(a), Aug. 13, 1981, 95 Stat. 563 ; Pub. L. 98–221, title III, §302, Feb. 22, 1984, 98 Stat. 35 , related to protection and advocacy of rights of persons with developmental disabilities. See section 6042(a) of this title.

Amendments

1994-Pub. L. 103–230, §111(a), substituted section catchline for former section catchline.

Pub. L. 103–230, §111(b)(1), (6), substituted "individuals" for "persons" in introductory provisions and in two places in closing provisions.

Par. (1). Pub. L. 103–230, §111(b)(2), substituted "Individuals" for "Persons".

Par. (2). Pub. L. 103–230, §111(b)(3), substituted "an individual" for "a person", "the individual" for "the person", and "the individual's" for "the person's".

Pars. (3), (4). Pub. L. 103–230, §111(b)(4), (5), substituted "individuals" for "persons" wherever appearing.

1990-Par. (4)(A). Pub. L. 101–496 substituted "June 3, 1988" for "January 17, 1974 (39 Fed. Reg. pt. II)".

Section Referred to in Other Sections

This section is referred to in sections 6022, 6063, 6082 of this title.