Federal Law Mandates Residential Choice for the Developmentally Disabled

For people with developmental disabilities and their families, it is important to know that choice in care and services exists - and that it is the right of the developmentally disabled and their family members to exercise that choice.

There are agencies and organizations that can help find services and offer support in choosing the most appropriate care for the disabled individual.

VOR, an organization that speaks out for people with mental disabilities and works to unite advocates and educate and assist families, organizations, public officials, and individuals concerned with the quality of life and choice for persons with mental disabilities, is one such organization. VOR includes good information on their website to help the disabled and their parents and advocates understand and access the full array of residential options, including community and facility-based care.

Their information on provisions in federal law for the right of the disabled person and their families to choose residential care is especially interesting and helpful. (See Choice Defined in Law and Use in the Toolkit for Families section of their website.)

Here is just one example cited:

The Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. §2001(c)(3)
(c) POLICY. -It is the policy of the United States that all programs, projects, and activities receiving assistance under this title shall be carried out in a manner consistent with the principles that-
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(3) individuals with developmental disabilities and their families are the primary decision makers regarding the services and supports such individuals and their families receive, including regarding choosing where the individuals live from available options, and play decision-making roles in policies and programs that affect the lives of such individuals and their families.

Again, from the VOR web site:

In the landmark Olmstead v. L.C. ruling, the Supreme Court recognized the need for a range of services for people with mental retardation or other disabilities. This decision  responds to the varied and unique needs of the entire disability community: “We emphasize that nothing in the ADA or its implementing regulations condones termination of institutional settings for persons unable to handle or benefit from community settings...Nor is there any federal requirement that community-based treatment be imposed on patients who do not desire it.”  119 S. Ct. 2176, 2187 (1999).

You can find more information on the Olmstead case on the VOR web site at The Olmstead Decision and the Disability Community.

More information on federal provisions of choice for the disabled can be found at Residential Choice for People with Disabilities.