Legal Rights of Persons With Disabilities - Ossh.com

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C. Limited Right to Die The United States Supreme Court ruled that competent persons have a constitutional right to refuse heroic medical treatment, although a state may require clear and convincing proof of that patient's intent before allowing life-support systems to be removed. (Cruzon v. Director, Missouri Depart. of Health (1990) 497 U.S. 261; see also Thor v. Superior Court (1993) 5 Cal.4th 725 (a competent informed adult has a fundamental right of self-determination to refuse or demand the withdrawal of medical treatment in any form, irrespective of the personal consequences.) The United States Supreme Court, however, has affirmed the right of states to prohibit assisted suicide. (See Vacco v. Quill (1997) 521 U.S. 793; Washington v. Glucksberg (1997) 521 U.S. 702.) D. Sterilization of Persons With Disabilities Sterilization is a medical procedure which makes a person permanently unable to have children. Both men and women can be sterilized. Voluntary sterilization is legal in California with the individual's full knowledge and consent. Persons with disabilities who are able to give consent to medical treatment may not be sterilized without their consent. Persons with developmental disabilities who are unable to give consent may be sterilized only by court order. Before a court can order sterilization, a hearing must be held. A person with a developmental disability must be represented at this hearing by a lawyer. Sterilization will only be permitted if necessary to maximize the person's development and quality of life and if no other less drastic means of birth control are available. (Conservatorship of Valerie N. (1985) 40 Cal.3d 143.) 67
CHAPTER 10 CIVIL RIGHTS OF PERSONS WITH MENTAL AND DEVELOPMENTAL DISABILITIES I. CIVIL RIGHTS OF PERSONS WITH DEVELOPMENTAL DISABILITIES A. Federal and State Rights In 1975, Congress enacted the Developmental Disabilities Assistance and Bill of Rights Act, which provides funding for programs and expresses the federal goal of legal and human rights for people with developmental disabilities. (42 U.S.C. ' 15001 et seq.) The Act defines developmental disability as a severe, chronic disability of an individual which: $ is attributable to a mental or physical impairment or combination of mental and physical impairments; $ manifests itself before age 22; $ is likely to continue indefinitely; $ results in substantial functional limitations in three or more of the following areas of activity: selfcare, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, and economic self-sufficiency; and $ reflects the person's need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated; or $ an individual from birth to age 9, inclusive, who has a substantial developmental delay or specific congenital or acquired condition, may be considered to have a developmental disability without meeting three or more of the criteria described above if the individual, without services and supports, has a high probability of meeting those criteria later in life. (42 U.S.C. ' 15002(8)) It is the government's policy to encourage states to provide appropriate treatment, services and habilitation to people with developmental disabilities. ("Habilitation" means the education, treatment and care required by developmentally disabled people to achieve their maximum development.) Treatment should maximize the developmental potential of an individual and should be provided in the least restrictive setting possible. (42 U.S.C. ' 15009.) California law similarly protects the constitutional rights of people with developmental disabilities, including the right to treatment, habilitation, dignity, privacy and humane care and the right to be free from hazardous procedures, unnecessary physical restraint, isolation, excessive medication, abuse or neglect. (Welf. & Inst. Code, ' 4500 et seq.) B. Institutionalization of Persons With Developmental Disabilities In California, the presence of a developmental disability alone cannot justify commitment to an 68
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Legal Rights of Persons Disabilitie
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TABLE OF CONTENTS Page INTRODUCTION
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TABLE OF CONTENTS CHAPTER 6: PARENT
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INTRODUCTION California and Federal
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2. Medical Condition The FEHA also
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$ Discrimination based on physical
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employment, including recruitment,
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If you believe that you have been d
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FEDERAL LAW The federal Fair Housin
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CHAPTER 3 NONDISCRIMINATION IN BUSI
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and uniform standards for HIV testi
Page 24 and 25: CHAPTER 4 ACCESS Access is a critic
Page 26 and 27: services, facilities, privileges, a
Page 28 and 29: General may file a civil action if
Page 30 and 31: ' 1104B.3.10-12.) d. Curbs and Side
Page 32 and 33: k. Religious Facilities The sanctua
Page 34 and 35: If a voter is unable to mark a ball
Page 36 and 37: provide appropriate signage. If a s
Page 38 and 39: accessible vehicles, but they must
Page 40 and 41: facilities. By July 26, 2010, at le
Page 42 and 43: 2. Airports Airport facilities are
Page 44 and 45: hearing and speech. (47 U.S.C. ' 22
Page 46 and 47: CHAPTER 5 EDUCATION This chapter di
Page 48 and 49: disability learn. However, special
Page 50 and 51: puts a child in a private school, t
Page 52 and 53: iv. Parents May Request Independent
Page 54 and 55: Every child with a disability who r
Page 56 and 57: c. Filing a Complaint and Holding a
Page 58 and 59: II. PRESCHOOL EDUCATION A. Children
Page 60 and 61: impairment can participate in the p
Page 62 and 63: CHAPTER 7 PROGRAMS AND SERVICES Thi
Page 64 and 65: and social independence. Services p
Page 66 and 67: disability, or veteran's allowances
Page 68 and 69: E. Decreased Energy Rates Persons w
Page 70 and 71: CHAPTER 9 HEALTH CARE The following
Page 72 and 73: People with mental or developmental
Page 76 and 77: institution; an adult with a develo
Page 78 and 79: 1983. (Zinermon v. Burch (1990) 494
Page 80 and 81: appropriate treatment. (Welf. & Ins
Page 82 and 83: DIRECTORY OF SERVICES INTRODUCTION
Page 84 and 85: California: Federal: Transportation
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