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A Comparison of Two States' MR Court Challenges.

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Title: A Comparison of Two States' MR Court Challenges.
Language: English
Authors: French, Laurence Armand
Peer Reviewed: N
Page Count: 9
Publication Date: 1992
Document Type: Speeches/Meeting Papers
Opinion Papers
Descriptors: Community Programs, Court Litigation, Cultural Awareness, Cultural Differences, Deinstitutionalization (of Disabled), Economic Factors, Government Role, Mental Retardation, Normalization (Handicapped), Political Influences, State Government, State Programs
Geographic Terms: New Hampshire, New Mexico
Abstract: 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)
Entry Date: 1993
Accession Number: ED350793
Database: ERIC
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  Data: A Comparison of Two States' MR Court Challenges.
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  Data: English
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  Data: <searchLink fieldCode="AR" term="%22French%2C+Laurence+Armand%22">French, Laurence Armand</searchLink>
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  Data: N
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  Data: 9
– Name: DatePubCY
  Label: Publication Date
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  Data: 1992
– Name: TypeDocument
  Label: Document Type
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  Data: Speeches/Meeting Papers<br />Opinion Papers
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  Data: <searchLink fieldCode="DE" term="%22Community+Programs%22">Community Programs</searchLink><br /><searchLink fieldCode="DE" term="%22Court+Litigation%22">Court Litigation</searchLink><br /><searchLink fieldCode="DE" term="%22Cultural+Awareness%22">Cultural Awareness</searchLink><br /><searchLink fieldCode="DE" term="%22Cultural+Differences%22">Cultural Differences</searchLink><br /><searchLink fieldCode="DE" term="%22Deinstitutionalization+%28of+Disabled%29%22">Deinstitutionalization (of Disabled)</searchLink><br /><searchLink fieldCode="DE" term="%22Economic+Factors%22">Economic Factors</searchLink><br /><searchLink fieldCode="DE" term="%22Government+Role%22">Government Role</searchLink><br /><searchLink fieldCode="DE" term="%22Mental+Retardation%22">Mental Retardation</searchLink><br /><searchLink fieldCode="DE" term="%22Normalization+%28Handicapped%29%22">Normalization (Handicapped)</searchLink><br /><searchLink fieldCode="DE" term="%22Political+Influences%22">Political Influences</searchLink><br /><searchLink fieldCode="DE" term="%22State+Government%22">State Government</searchLink><br /><searchLink fieldCode="DE" term="%22State+Programs%22">State Programs</searchLink>
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  Data: <searchLink fieldCode="DE" term="%22New+Hampshire%22">New Hampshire</searchLink><br /><searchLink fieldCode="DE" term="%22New+Mexico%22">New Mexico</searchLink>
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  Label: Abstract
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  Data: 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)
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    Languages:
      – Text: English
    PhysicalDescription:
      Pagination:
        PageCount: 9
    Subjects:
      – SubjectFull: Community Programs
        Type: general
      – SubjectFull: Court Litigation
        Type: general
      – SubjectFull: Cultural Awareness
        Type: general
      – SubjectFull: Cultural Differences
        Type: general
      – SubjectFull: Deinstitutionalization (of Disabled)
        Type: general
      – SubjectFull: Economic Factors
        Type: general
      – SubjectFull: Government Role
        Type: general
      – SubjectFull: Mental Retardation
        Type: general
      – SubjectFull: Normalization (Handicapped)
        Type: general
      – SubjectFull: Political Influences
        Type: general
      – SubjectFull: State Government
        Type: general
      – SubjectFull: State Programs
        Type: general
      – SubjectFull: New Hampshire
        Type: general
      – SubjectFull: New Mexico
        Type: general
    Titles:
      – TitleFull: A Comparison of Two States' MR Court Challenges.
        Type: main
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            NameFull: French, Laurence Armand
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            – D: 01
              M: 08
              Type: published
              Y: 1992
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