§15009 Rights of individuals with developmental disabilities

Summary

People with developmental disabilities must get proper treatment, services, and training that help them reach their potential. Those services should be given in the least restrictive place that works for the person. The Federal Government and the States must make sure public money only goes to programs that give appropriate care and meet basic safety and quality rules. Those rules include being free from abuse, neglect, and exploitation and not putting people at greater risk than the general public; providing enough medical and dental care; banning physical restraint or seclusion except when absolutely needed to keep someone safe and never as punishment or a substitute for training; limiting use of chemical restraints so they are not used as punishment or instead of services; and allowing close family or guardians to visit without prior notice. Programs must follow standards that aim for the best possible results. Residential programs that give broad health, training, or rehabilitative services must meet rules at least as strict as the Secretary’s June 3, 1988 regulations for intermediate care facilities. Other homes must give care that fits residents’ needs, only admit people whose needs they can meet, and be humane, clean, and protective of residents’ rights. Nonresidential programs must give care that fits the people they serve. These rights are in addition to any constitutional or other legal rights people already have.