NCJ Number
65558
Date Published
1978
Length
43 pages
Annotation
DEVELOPED FOR THE PRESIDENT'S COMMISSION ON MENTAL RETARDATION, THIS PUBLICATION CONTAINS REPORTS ON 5 NEW CASES, UPDATED INFORMATION ON 29 OLDER CASES, AND AN ARTICLE ON THE RETARDED OFFENDER.
Abstract
CASES REPORTED FOR THE FIRST TIME INCLUDE PHOENIX PLACE, INC., ET AL. V. MICHIGAN DEPARTMENT OF HEALTH, WHERE PHOENIX PLACE, INC., A NONPROFIT CORPORATION, WAS PLAINTIFF IN A CLASS ACTION SUIT CONCERNING THE ISSUE OF PRIVACY FOR THE MENTALLY RETARDED; DOE V. GRILE (INDIANA), WHERE PLAINTIFFS IN A CLASS-ACTION SUIT WERE 113 SEVERELY RETARDED CHILDREN CLAIMING THE STATE HAD FAILED TO PROVIDE APPROPRIATE SPECIAL EDUCATION SERVICES; AND WOODS, ET AL., V NEW YORK CITY BOARD OF EDUCATION, WHERE PLAINTIFFS WERE TWO MENTALLY RETARDED CHILDREN WHO WERE HEPATITIS B CARRIERS AND WHO ALLEGED THEY WERE DENIED DUE PROCESS AND HOME INSTRUCTION UPON SUSPENSION FROM PUBLIC SCHOOL. ADDITIONAL CASES WERE KENTUCKY ASSOCIATION FOR RETARDED CITIZENS, ET AL., V. CALIFANO (DISTRICT OF COLUMBIA) REGARDING THE THEN HEALTH, EDUCATION AND WELFARE SECRETARY'S ASSURANCE OF MEDICAID FUNDING FOR OUTWOOD, A CUSTODIAL INSTITUTION; AND WASHINGTON ASSOCIATION FOR RETARDED CITIZENS V. THOMAS, A SUIT BROUGHT BY RESIDENTS OF FIVE INSTITUTIONS FOR THE MENTALLY RETARDED CLAIMING VIOLATION OF THEIR CONSTITUTIONAL AND LEGISLATIVE RIGHTS. A LIST OF OLDER AND CLOSED CASES IS BROKEN DOWN INTO SUCH CATEGORIES AS CONFIDENTIALITY AND ACCESS TO RECORD, COMMITMENT, CRIMINAL LAW, CUSTODY, EDUCATION, EMPLOYMENT, TREATMENT, GUARDIANSHIP, STERILIZATION, ZONING AND VOTING. A FEATURE ARTICLE ADDRESSES THE RETARDED OFFENDER AND THE ROLE OF CORRECTIONS, NOTING DISTINCTIONS BETWEEN MENTAL ILLNESS AND RETARDATION, THE ISSUE OF COMPETENCY, THE INCIDENCE OF CONVICTION, THE USE OF PROBATION AND PAROLE, RECIDIVISM, AND PROGRAM DEVELOPMENT FOR RETARDED OFFENDERS. THE ARTICLE PROVIDES A BIBLIOGRAPHY.