LEGAL NORMS AND PRACTICES AFFECTING THE MENTALLY DEFICIENT

• NCJ Number: 65504
• Journal: American Journal of Orthopsychiatry Volume: 38 Issue: 4 Dated: (JULY 1968) Pages: 635-642
• Author(s): R C ALLEN
• Date Published: 1968
• Length: 8 pages
• Grant Number(s): MH-01947
• Sponsoring Agency: US Dept of Health, Education, and Welfare; National Assoc for Retarded Children
• Corporate Author: American Orthopsychiatric Assoc, Inc
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: BASED ON A PAPER PRESENTED AT THE FIRST INTERNATIONAL CONGRESS OF THE INTERNATIONAL ASSOCIATION FOR THE SCIENTIFIC STUDY OF MENTAL DEFICIENCY, MONTPELLIER, FRANCE, SEPTEMBER 1967

Annotation

THE FINDINGS OF AN EMPIRICAL STUDY OF THE OPERATION OF BOTH CIVIL AND CRIMINAL LAWS AFFECTING THE MENTALLY RETARDED AND THEIR FAMILIES IN SELECTED JURISDICTIONS OF THE U.S. ARE REPORTED.

Abstract

INITIALLY, A COLLECTION AND ANALYSIS OF THE STATUTES AND ADMINISTRATIVE REGULATIONS AFFECTING THE MENTALLY RETARDED WERE MADE OF ALL 51 JURISDICTIONS IN THE COUNTRY. SEVEN STATES (MASSACHUSETTS, NEW JERSEY, VIRGINIA, MARYLAND, FLORIDA, ILLINOIS, AND WASHINGTON) WERE THEN CHOSEN FOR THE EMPIRICAL STUDY. EXAMINATION OF THE OPERATION OF CIVIL LAWS COVERED THOSE STATUTES DEALING WITH RESIDENTIAL CARE; THE RIGHTS OF PATIENTS; THE RESPONSIBILITIES OF INSTITUTIONS, AGENCIES, AND FAMILIES; GUARDIANSHIP; INCOMPETENCY AND RESTORATION; ESTATE PLANNING; AND EUGENIC STERILIZATION. THE INVESTIGATION OF CRIMINAL LAWS TOUCHED ON PRETRIAL PROCEDURES, COMPETENCY TO STAND TRIAL, CRIMINAL RESPONSIBILITY, AND OFFENDER DISPOSITION. THE RESEARCH UNCOVERED SEVERAL FAILURES OF CIVIL AND CRIMINAL OPERATIONS TO PROTECT ADEQUATELY THE RIGHTS OF RETARDED CITIZENS. FOR EXAMPLE, IT WAS FOUND THAT ROUTINIZED DECISIONMAKERS OFTEN LOST SIGHT OF INDIVIDUAL CIVIL RIGHTS. AS A RESULT, HOSPITAL REGULATIONS SOMETIMES PROHIBITED ALL RESIDENTS, REGARDLESS OF MENTAL HEALTH STATUS AND COMPETENCY, FROM OBTAINING A DRIVER'S LICENSE, FROM MARRYING, FROM MAKING A WILL, OR MANAGING THEIR OWN PROPERTY. FURTHERMORE, PROTECTIVE SERVICES WERE NEARLY ALWAYS UNDERSTAFFED AND CROWDED. PARENTS OF INSTITUTIONALIZED AND NONINSTITUTIONALIZED CHILDREN OFTEN WERE UNAWARE OF ALTERNATIVES IN PLANNING FOR THEIR CHILDREN'S FUTURE, AND THEIR CHILDREN WERE KEPT IN CUSTODIAL CARE, BECAUSE OF THE EASE OF APPLICATION, RATHER THAN BEING GIVEN TREATMENT APPROPRIATE TO THEIR CONDITIONS. LEGAL PROVISIONS OFTEN FAILED BECAUSE OF AMBIGUITY IN IDENTIFYING CATEGORIES OF TARGET PERSONS. FURTHERMORE, PROTECTIVE SERVICES WERE RENDERED BY A MULTIPLICITY OF AGENCIES WITH AMBIGUOUSLY DEFINED AND OVERLAPPING JURISDICTIONS. CRIMINAL LAW IS DEFICIENT IN THAT IT PROVIDES NO EFFECTIVE MECHANISMS FOR IDENTIFYING SIGNIFICANTLY IMPAIRED PERSONS IN THE CRIMINAL LAW TRIAL PROCESS. MOREOVER, IF THESE PERSONS ARE IDENTIFIED, RESOURCES DO NOT EXIST FOR APPROPRIATE DIFFERENTIAL TREATMENT. REFERENCES ARE INCLUDED.