Suchergebnisse

From the mid-1960s until the early 1980s, federal courts greatly expanded the rights of persons institutionalized for treatment of mental illness. The rights have included due process in commitment proceedings, provision of services, & treatment in the least restrictive environment. These decisions have been based on federal statutes & constitutional principles of due process, equal protection, & protection from harm. Since 1982, however, the US Supreme Court has effectively closed the federal courts as a forum for advancing the rights of the mentally disabled, & federal courts must, in essence, defer to the states for decisions about treatment of the mentally disabled. Consequently, advocates for the mentally disabled are turning to state courts to advance client rights. Two significant cases, Klosterman v. Cuomo & Bezio v. New York State Office of Mental Retardation & Developmental Disabilities , decided by the NY State Court of Appeals in 1984, are discussed as having the potential for significantly expanding the rights of the mentally disabled. Modified HA

Influence of the Supreme Court in shifting decisions to the states. Includes discussion of two cases decided by the New York State Court of Appeals in 1984, which have the potential for significantly expanding the rights of the mentally disabled.