42 U.S.C. § 15009: Rights of individuals with developmental disabilities

Individuals with developmental disabilities have a right to appropriate treatment, services, and habilitation for such disabilities, consistent with section 15001(c) of this title . 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. 1 So in original. Probably should be “habilitation”. provide treatment, services, and habilitation that are appropriate to the needs of such individuals; and 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; provision to such individuals of appropriate and sufficient medical and dental services; 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; 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 provision for close relatives or guardians of such individuals to visit the individuals without prior notice. that are designed to assure the most favorable possible outcome for those served; and 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; care is appropriate to the needs of the individuals being served by such programs; the individuals admitted to facilities of such programs are individuals whose needs can be met through services provided by such facilities; and the facilities of such programs provide for the humane care of the residents of the facilities, are sanitary, and protect their rights; and in the case of nonresidential programs, that assure that 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 shall be considered to be in addition to any constitutional or other rights otherwise afforded to all individuals.