
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-402 Section 401(a)]
[CITE: 42USC6009]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 75--PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 6009. Rights of individuals with developmental disabilities

    Congress makes the following findings respecting the rights of 
individuals with developmental disabilities:
        (1) Individuals with developmental disabilities have a right to 
    appropriate treatment, services, and habilitation for such 
    disabilities.
        (2) The treatment, services, and habilitation for an individual 
    with developmental disabilities should be designed to maximize the 
    developmental potential of the individual and should be provided in 
    the setting that is least restrictive of the individual's personal 
    liberty.
        (3) The Federal Government and the States both have an 
    obligation to assure that public funds are not provided to any 
    institutional or other residential program for individuals with 
    developmental disabilities that--
            (A) does not provide treatment, services, and habilitation 
        which is appropriate to the needs of such individuals; or
            (B) does not meet the following minimum standards:
                (i) Provision of a nourishing, well-balanced daily diet 
            to the individuals with developmental disabilities being 
            served by the program.
                (ii) Provision to such individuals of appropriate and 
            sufficient medical and dental services.
                (iii) Prohibition of the use of physical restraint on 
            such individuals unless absolutely necessary and prohibition 
            of the use of such restraint as a punishment or as a 
            substitute for a habilitation program.
                (iv) Prohibition on 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.
                (v) Permission for close relatives of such individuals 
            to visit them at reasonable hours without prior notice.
                (vi) Compliance with adequate fire and safety standards 
            as may be promulgated by the Secretary.

        (4) All programs for individuals with developmental disabilities 
    should meet standards which are designed to assure the most 
    favorable possible outcome for those served, and--
            (A) in the case of residential programs serving individuals 
        in need of comprehensive health-related, habilitative, or 
        rehabilitative services, which 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 when taking into account the size 
        of the institutions and the service delivery arrangements of the 
        facilities of the programs;
            (B) in the case of other residential programs for 
        individuals with developmental disabilities, which assure that 
        care is appropriate to the needs of the individuals being served 
        by such programs, assure that the individuals admitted to 
        facilities of such programs are individuals whose needs can be 
        met through services provided by such facilities, and assure 
        that the facilities under such programs provide for the humane 
        care of the residents of the facilities, are sanitary, and 
        protect their rights; and
            (C) in the case of nonresidential programs, which assure 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 are in addition to any constitutional or 
other rights otherwise afforded to all individuals.

(Pub. L. 88-164, title I, Sec. 110, as added Pub. L. 98-527, Sec. 2, 
Oct. 19, 1984, 98 Stat. 2669; amended Pub. L. 101-496, Sec. 9, Oct. 31, 
1990, 104 Stat. 1195; Pub. L. 103-230, title I, Sec. 111, Apr. 6, 1994, 
108 Stat. 296.)


                            Prior Provisions

    A prior section 6009, Pub. L. 88-164, title I, Sec. 110, as added 
Pub. L. 94-103, title I, Sec. 128, Oct. 4, 1975, 89 Stat. 501; amended 
Pub. L. 95-602, title V, Secs. 504(b)(1), 506, Nov. 6, 1978, 92 Stat. 
3006, 3007; Pub. L. 96-32, Sec. 3(b), July 10, 1979, 93 Stat. 82, set 
forth provisions respecting development, etc., of evaluation system, 
prior to repeal by Pub. L. 97-35, title IX, Sec. 912(a), Aug. 13, 1981, 
95 Stat. 563.
    Prior sections 6010 to 6012 were omitted in the general amendment of 
this chapter by Pub. L. 98-527.
    Section 6010, Pub. L. 88-164, title I, Sec. 111, as added Pub. L. 
94-103, title II, Sec. 201, Oct. 4, 1975, 89 Stat. 502; amended Pub. L. 
95-602, title V, Sec. 507, Nov. 6, 1978, 92 Stat. 3007, set forth 
Congressional findings respecting rights of the developmentally 
disabled. See section 6009 of this title.
    Section 6011, Pub. L. 88-164, title I, Sec. 112, as added Pub. L. 
94-103, title II, Sec. 202, Oct. 4, 1975, 89 Stat. 503; amended Pub. L. 
95-602, title V, Sec. 514(a), Nov. 6, 1978, 92 Stat. 3016, related to 
habilitation plans. See section 6023 of this title.
    Section 6012, Pub. L. 88-164, title I, Sec. 113, as added Pub. L. 
94-103, title II, Sec. 203, Oct. 4, 1975, 89 Stat. 504; amended Pub. L. 
95-602, title V, Sec. 508, Nov. 6, 1978, 92 Stat. 3007; Pub. L. 97-35, 
title IX, Sec. 911(a), Aug. 13, 1981, 95 Stat. 563; Pub. L. 98-221, 
title III, Sec. 302, Feb. 22, 1984, 98 Stat. 35, related to protection 
and advocacy of rights of persons with developmental disabilities. See 
section 6042(a) of this title.


                               Amendments

    1994--Pub. L. 103-230, Sec. 111(a), substituted section catchline 
for former section catchline.
    Pub. L. 103-230, Sec. 111(b)(1), (6), substituted ``individuals'' 
for ``persons'' in introductory provisions and in two places in closing 
provisions.
    Par. (1). Pub. L. 103-230, Sec. 111(b)(2), substituted 
``Individuals'' for ``Persons''.
    Par. (2). Pub. L. 103-230, Sec. 111(b)(3), substituted ``an 
individual'' for ``a person'', ``the individual'' for ``the person'', 
and ``the individual's'' for ``the person's''.
    Pars. (3), (4). Pub. L. 103-230, Sec. 111(b)(4), (5), substituted 
``individuals'' for ``persons'' wherever appearing.
    1990--Par. (4)(A). Pub. L. 101-496 substituted ``June 3, 1988'' for 
``January 17, 1974 (39 Fed. Reg. pt. II)''.

                  Section Referred to in Other Sections

    This section is referred to in sections 6022, 6063, 6082 of this 
title.
