Civil Rights of the Institutionalized: Hearings Before the Subcommittee on the Constitution of the Committee on the Judiciary, United States Senate, Ninety-sixth Congress, First Session, on S. 10 ... February 9, March 28 and 29, 1979U.S. Government Printing Office, 1979 - 502 pages |
Other editions - View all
Common terms and phrases
abuse action administrative advocacy agencies amicus amicus curiae appropriate ARIZONA LAW REVIEW assistance Association Attorney bill Center Chairman civil commitment Civil Rights Commission committee concerning Congress consent consent judgment constitutional rights COUGHLIN court defendants Department of Justice Department of Mental developmentally disabled Dollars per day Exon facilities fact Federal Government filed funds Governor habilitation hospital individuals institutionalized persons institutions intervention involuntary commitment involved issues Justice Department Laconia LAW REVIEW Vol lawsuit lawyers least restrictive legislation legislature litigation Medicaid ment mentally disabled mentally handicapped persons mentally ill mentally retarded National Nebraska patients plaintiffs prison problems procedures programs protection Psychiatric RATH Recommendation residential residents Retarded Citizens right to treatment School Senator BAYH Senator HATCH Senator THURMOND South Carolina specific staff standards Subcommittee suit Supp TASK PANEL REPORT testimony tion U.S. SENATOR United violations Willowbrook Wyatt
Popular passages
Page 119 - Hearings before the Subcommittee on Constitutional Rights of the Senate Committee on the Judiciary on S.
Page 117 - Shelton v. Tucker. 364 US 479. 488 (1960): "In a series of decisions this Court has held that, even though the governmental purpose be legitimate and substantial, that purpose cannot be pursued by means that broadly stifle fundamental personal liberties when the end can be more narrowly achieved.
Page 466 - mental illness" alone cannot justify a State's locking a person up against his will and keeping him indefinitely in simple custodial confinement. Assuming that that term can be given a reasonably precise content and that the "mentally ill...
Page 256 - Location' (see page 1 of questionnaire) 1 Alabama 2 Alaska 3 Arizona 4 Arkansas 5 California 6 Colorado 7 Connecticut 8 Delaware 9 District of Columbia 10 Florida 11 Georgia 12 Hawaii 13 Idaho 14 Illinois 15 Indiana 16 Iowa 17 Kansas 18 Kentucky 19 Louisiana 20 Maine 21 Maryland 22 Massachusetts...
Page 104 - State plan for social services approved under Title XX of the Social Security Act (42 USC 1397, et seq.); or (D) To assistance for medical expenses under any other public assistance program or private health insurance program.
Page 448 - Court's estimation confinement itself within a given institution may amount to a cruel and unusual punishment prohibited by the Constitution where the confinement is characterized by conditions and practices so bad as to be shocking to the conscience of reasonably civilized people even though a particular inmate may never personally be subject to any disciplinary action.
Page 55 - Persons with developmental disabilities have a right to appropriate treatment, services, and habilitation for such disabilities.
Page 112 - ... [A] due process right to treatment is based on the principle that when the three central limitations on the government's power to detain — that detention be in retribution for a specific offense; that it be limited to a fixed term; and that it be permitted after a proceeding where...
Page 175 - The court also may consider whether relief may be granted to respondents under the Developmentally Disabled Assistance and Bill of Rights Act, 42 USC §§6011, 6063 (1976 ed and Supp V) [42 USCS §§ 6011, 6063].
Page 479 - treatment' is the sole asserted ground for depriving a person of liberty, it is plainly unacceptable to suggest that the courts are powerless to determine whether the asserted ground is present.