Developmental Disabilities Law and the Roles of Psychologists
Over the last decade Congress has passed a number of laws affecting developmentally disabled persons.1 Federal and state courts also have articulated important rights for developmentally disabled persons.2 State legislatures have enacted new laws, often in response to congressional or court action.3
KeywordsSupra Note Developmental Disability Disable Person Federal Court Juvenile Court
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- 2.On the American tradition of using the courts to vindicate the rights of politically disfavored groups and the relationship of progress for the handicapped to other aspects of the civil rights movement (see T. Gilhool, The Right to Community Services, in M. Kindred et al., eds., for the President’s Committee on Mental Retardation, The Mentally Retarded Citizen and the Law 173, n. 5 at 174. New York: Free Press, 1976. [hereinafter cited as The Mentally Retarded Citizen]).Google Scholar
- 4.Almost all pre-1960 laws affecting the mentally retarded emphasized the limitations of such persons and provided for the restriction or denial of rights enjoyed by most members of society. Discussion of these laws and analytical tables are to be found in American Bar Foundation, The Mentally Disabled and the Law (1st ed., 1961 Lindman & McIntyre, eds., Chicago: University of Chicago Press, 1961 [cited hereinafter as Lindman & Mclntyre]). Special restrictive laws also were enacted that dealt with epileptics. See R. Barrow & H. Fabing, Epilepsy and the Law (2d ed., New York: Harper & Row, 1966) and Epilepsy Foundation of America, The Legal Rights of Persons with Epilepsy (4th ed., Washington, D.C.: Epilepsy Foundation of America, 1976). Only very recently has the law created entitlements, rather than restrictions, for the handicapped. A few positive changes are reflected in American Bar Foundation, The Mentally Disabled and the Law (2d ed., Brakel & Rock, eds., Chicago: University of Chicago Press, 1971 [cited hereinafter as Brakel & Rock]). Others will be discussed throughout this chapter.Google Scholar