NCJ Number
68415
Date Published
1979
Length
864 pages
Annotation
THE FIRST OF A THREE-VOLUME SET CONTAINING ARTICLES DEALING WITH THE LEGAL RIGHTS OF MENTALLY DISABLED PERSONS WAS COMPILED AS A REFERENCE FOR A SPECIALIZED LEGAL TRAINING COURSE.
Abstract
PUBLIC AWARENESS OF ISSUES REGARDING THE BASIC RIGHTS OF THE MENTALLY HANDICAPPED IS DIRECTLY ATTRIBUTABLE TO THE INVOLVEMENT OF THE LEGAL PROFESSION. ADVOCACY EFFORTS IN THE LAST DECADE HAVE RESULTED IN COURT RULINGS AIMED AT ERADICATING DISCRIMINATION AGAINST THIS POWERLESS AND DISADVANTAGED GROUP AND ACCORDING MENTALLY DISABLED PERSONS THE SAME RIGHTS AND DIGNITY AS OTHER CITIZENS. THE SEMINARS FOR WHICH THIS COURSEBOOK WAS PREPARED ARE DESIGNED FOR ATTORNEYS WHO ARE OR WISH TO BECOME A PART OF THE GROWING NETWORK OF LEGAL ADVOCATES FOR MENTALLY DISABLED CLIENTS. THE MATERIALS, IN OUTLINE-ESSAY FORM, REPRESENT OPINIONS OF LEADING PROFESSIONALS IN THE FIELD OF MENTAL DISABILITY LAW. ARTICLES COVER ALL THE MAJOR RIGHTS AREAS; IN ADDITION, THE VOLUMES CONTAIN MODEL COMPLAINTS, BRIEFS, STATUTES, AND OTHER LEGAL SOURCE MATERIALS SUCH AS RECENT SLIP OPINIONS. DIVIDED INTO FOUR TOPICAL SECTIONS, VOLUME ONE PRESENTS A HISTORY AND OVERVIEW OF DISABILITY LEGISLATION, GENERAL BACKGROUND ON MENTAL DISABILITIES, THE CIVIL COMMITMENT PROCESS, AND A DESCRIPTION OF INSTITUTIONAL AND COMMUNITY CONDITIONS AND SERVICES. PART ONE CONTAINS ARTICLES ON MENTAL HEALTH ADVOCACY RELATIONSHIPS TO POLITICS, THE LEGAL AND ETHICAL ISSUES RAISED BY THE PRESIDENT'S COMMISSION ON MENTAL HEALTH, FEDERAL STATUTES GIVING RIGHTS TO MENTALLY DISABLED PERSONS, AND AN ASSESSMENT OF THE FUTURE OF DEVELOPMENTAL DISABILITY LAW. PART TWO DISCUSSES THE BASIC FACTS ABOUT MENTAL RETARDATION, EPILEPSY, CEREBRAL PALSY, AUTISM, AND DYSLEXIA. THE CIVIL COMMITMENT PROCESS COVERED IN THE THIRD PART ANALYZES SPECIFIC COURT DECISIONS, STATE LAWS, COMMITMENT PROCEDURES, GUARDIANSHIP, THE COMMITMENT OF CHILDREN, ATTORNEY REPRESENTATION OF PATIENTS AND GUARDIANS, AND THE ROLE OF EXPERT TESTIMONY IN CIVIL COMMITMENT HEARINGS. RIGHT TO TREATMENT, ANTI-INSTITUTIONALIZATION, CONSENT DECREES, COMMUNITY STANDARDS, AND SPECIFIC COMPLAINTS FILED IN VARIOUS PROCEEDINGS CONSTITUTE THE FINAL SECTION OF VOLUME ONE. FOOTNOTES ARE INCLUDED WITH INDIVIDUAL ARTICLES; A GENERAL BIBLIOGRAPHY FOLLOWS PART ONE OF THIS VOLUME. THE PROGRAM SCHEDULE AND FACULTY LIST ARE APPENDED. FOR REMAINING PARTS OF THE SET SEE NCJ 68416-18. (MRK)