ERIC Number: ED350793
Record Type: RIE
Publication Date: 1992-Aug
Reference Count: N/A
A Comparison of Two States' MR Court Challenges.
French, Laurence Armand
This paper examines two states operating under Federal Court Orders concerning deinstitutionalization of individuals with mental retardation. New Hampshire is presented as a state in which sociopolitical realities have interfered with efforts to monitor the quality of care, as the Laconia State School was closed for economic reasons, thereby interrupting staff development, quality assurance, realistic case management, and the availability of quality treatment. Efforts to ensure quality of care for institutionalized individuals in New Mexico led to the court ruling that the State is under no constitutional duty to provide substantive services for those within its borders who are not institutionalized. The paper points out that often clinical/legal reasons are cited as the reasons for deinstitutionalization (such as least restrictive environment), when the actual reasons are economic or political. The paper also cites the lack of cultural sensitivity available in either institutional or community settings. The paper concludes that New Mexico must be willing to guarantee that care is provided across domains, including the community, in the areas of food, shelter, clothing, medical care, safety, and protection from abuse. (JDD)
Publication Type: Speeches/Meeting Papers; Opinion Papers
Education Level: N/A
Authoring Institution: N/A
Identifiers: New Hampshire; New Mexico
Note: Paper presented at the Annual Convention of the American Psychological Association (100th, Washington, DC, August 14-18, 1992).