Page:United States Statutes at Large Volume 114 Part 3.djvu/594

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114 STAT. 1692 PUBLIC LAW 106-402—OCT. 30, 2000 U.S.C. 791 et seq.) and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), that govern employment. 42 USC 15008. SEC. 108. CONSTRUCTION. Nothing in this title shall be construed to preclude an entity funded under this title from engaging in advocacy, capacity building, and systemic change activities for individuals with developmental disabilities that may also have a positive impact on individuals with other disabilities. 42 USC 15009. SEC. 109. RIGHTS OF INDIVIDUALS WITH DEVELOPMENTAL DISABIL- ITIES. (a) IN GENERAL.—Congress makes the following findings respecting the rights of individuals with developmental msabilities: (1) Individuals with developmental disabilities have a right to appropriate treatment, services, and habilitation for such disabilities, consistent with section 101(c). (2) The treatment, services, and habitation for an individual with developmental disabilities should be designed to maximize the potential of the individual and should be provided in the setting that is least restrictive of the individual's personal liberty. (3) The Federal Government and the States both have an obligation to ensure that public funds are provided only to institutional programs, residential programs, and other community programs, including educational programs in which individuals with developmental disabilities participate, that— (A) provide treatment, services, and habilitation that are appropriate to the needs of such individuals; and (B) meet minimum standards relating to— (i) provision of care that is free of abuse, neglect, sexual and financial exploitation, and violations of legal and human rights and that subjects individuals with developmental disabilities to no greater risk of harm than others in the general population; (ii) provision to such individuals of appropriate and sufficient medical and dental services; (iii) prohibition of the use of physical restraint and seclusion for such an individual unless absolutely necessary to ensure the immediate physical safety of the individual or others, and prohibition of the use of such restraint and seclusion as a punishment or as a substitute for a habilitation program; (iv) prohibition of the excessive use of chemical restraints on such individuals and the use of such restraints as punishment or as a substitute for a habilitation program or in quantities that interfere with services, treatment, or habilitation for such individuals; and (v) provision for close relatives or guardians of such individuals to visit the individuals without prior notice. (4) All programs for individuals with developmental disabilities should meet standards— (A) that are designed to assure the most favorable possible outcome for those served; and (B)(i) in the case of residential programs serving individuals in need of comprehensive health-related.