ERIC Number: ED475885
Record Type: Non-Journal
Publication Date: 2001-Nov
Reference Count: N/A
Merging System of Care Principles with Civil Rights Law: Olmstead Planning for Children with Serious Emotional Disturbance. Questions, Answers and Recommendations for State Policymakers and Advocates.
Children with serious emotional disturbance have the civil right to receive services in the most integrated setting appropriate to their needs. They further have the human right to be raised in their families and communities, with their individual needs guiding the service array provided. These civil and human rights are embodied in the Americans with Disabilities Act (ADA) and the values and principles of the System of Care. The Supreme Court held, in "Olmstead v. L.C.", that under the ADA, it is discrimination for a state needlessly to institutionalize an individual with a disability. This paper highlights the need for Olmstead efforts to address this discrimination by focusing specifically on children with serious emotional disturbances. It begins with a brief discussion of the Olmstead decision and principles to guide an Olmstead planning process. It then sets forth the values and principles of a System of Care. It outlines the current status of Olmstead planning for children before setting out some questions that must be answered in developing a comprehensive plan for children that is responsive to their civil and human rights. The document is designed to give some guidance to family advocates and state policymakers interested in statewide, systemic reform. It is hoped that they will use it to expand and guide their efforts to ensure that children are not left behind in the civil rights movement on behalf of individuals with disabilities. (GCP)
Descriptors: Children, Childrens Rights, Civil Liberties, Civil Rights, Civil Rights Legislation, Delivery Systems, Disabilities, Emotional Disturbances, Individual Needs, Policy Formation
Bazelon Center for Mental Health Law, 1101 15th St, NW, Suite 1212, Washington, DC 20005. Tel.: 202-467-5730; Fax: 202-223-0409; Web site: www.bazelon.org. http://www.bazelon.org/issues/children/publications/mergingsystems/index.htm.
Publication Type: Reports - Descriptive
Education Level: N/A
Audience: Community; Researchers; Policymakers
Authoring Institution: Bazelon Center for Mental Health Law, Washington, DC.
Identifiers - Laws, Policies, & Programs: Americans with Disabilities Act 1990