42 U.S.C. § 15009 : US Code - Section 15009: Rights of individuals with developmental disabilities

Search 42 U.S.C. § 15009 : US Code - Section 15009: Rights of individuals with developmental disabilities

(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.