Developmentally Disabled Assistance and Bill of Rights Act

(Conference report filed in House, H. Rept. 94-473)

Developmentally Disabled Assistance and Bill of Rights Act - =Title I: Extension and Revision of the Developmental Disabilities Services and Facilities Construction Act= - Extends existing authorities under the Developmental Disabilities Services and Facilities Construction Act through fiscal year 1975.

Authorizes the Secretary of Health, Education, and Welfare to make grants to university affiliated facilities to assist them in meeting the cost of administering and operating demonstration facilities for the provision of services for persons with developmental disabilities, and interdisciplinary training programs for personnel needed to render specialized services for such persons. Affords special consideration for grant applications for community, as opposed to institutional services. Authorizes appropriations for such grants through fiscal year 1978, as follows: 1976-$15,000,000; 1977-$18,000,000; and 1978-$25,000,000.

Authorizes grants to such university-affiliated facilities for renovation of buildings and for renovation and construction of satellite centers. Authorizes appropriations for such purposes through fiscal year 1978.

Authorizes appropriations, under such Act, for State allotments, as follows, through fiscal year 1978: 1976- $40,000,000; 1977-$50,000,000; and 1978-$60,000,000. Requires allotments to be made on the basis of population, need for services and facilities, and financial need. Requires that no State receive less than $150,000 or the amount it received for fiscal year 1974, in any fiscal year.

Requires States to use not less than 10 percent in fiscal year 1976, and 30 percent thereafter, of such an allotment for implementing plans to eliminate inappropriate placement in institutions of persons with developmental disabilities.

Repeals the provisions of such Act authorizing grants to public or nonprofit private agencies.

Adds the following conditions of approval of State plans, which are designed to implement the provisions of such Act: (1) describe the quality, extent, and scope of treatment, services, and habilitation being provided or to be provided in implementing such a plan; (2) requires that 10 percent (now 50 percent) of a State's allotment be used for construction of facilities; (3) requires such plans to include a plan to eliminate inappropriate placement in institutions of persons with developmental disabilities and to improve the quality of institutional care for those requiring it; (4) requires such plans to provide for early screening, diagnosis, and evaluation of developmentally disabled, infants and preschool children; and (5) requires such plans to support the establishment of community programs as alternatives to institutionalization.

Requires States receiving assistance under such Act to establish a State Planning Council to be an advocate for developmentally disabled persons. Provides that at least one third of a Council's membership to be disabled persons or their parents or guardians. States that such Councils shall monitor and evaluate the implementation of State plans.

Allows appeal by the States to the United States Courts of Appeal from specified actions by the Secretary under such Act.

Permits the Secretary, after consultation with the National Advisory Council on Services and Facilities to the Developmentally Disabled, to make project grants to public or nonprofit private entities for: (1) demonstration programs; (2) public education programs; (3) technical assistance; and (4) training of specialized personnel. Authorizes appropriations through fiscal year 1978 for such grants.

Provides that the Federal share of grants for projects or of allotments under such Act shall be 75 percent, except in poverty areas, where it shall be 90 percent.

States that nothing in this title shall be construed as providing Federal control over the administration or operation of developmental disability facilities in the States.

Conditions extension of assistance under this title upon the recipient's agreement to affirmatively act to employ and advance in employment qualified handicapped persons.

Establishes the National Advisory Council on Services and Facilities for the Developmentally Disabled. Requires that specified numbers of such Council be advocates in the field of services to the developmentally disabled and that other specified numbers be developmentally disabled. Directs the Council to monitor the development and execution of this title and report to the Secretary and submit an annual report to the Congress on the administration of this title.

Directs the Secretary to develop a comprehensive system for the evaluation of services provided under this title. Requires assistance recipients to submit plans by which they are implementing an evaluation system. Requires such evaluation systems to provide objective measures of the developmental progress of the developmentally disabled. Directs the Secretary to report to the Congress within two years on the evaluation system.

=Title II: Establishment and Protection of the Rights of Persons with Developmental Disabilities= - States the findings of Congress that: (1) the Federal Government and the States both have an obligation to assure that public funds are not provided to any institutional or other residential program for persons with developmental disabilities that: (A) does not provide treatment, services, and habilitation which is appropriate to the needs of such persons; or (B) does not meet the following minimum standards: (i) provision of a nourishing, well-balanced daily diet to the persons with developmental disabilities being served by the program; (ii) provision to such persons of appropriate and sufficient medical and dental services; (iii) prohibition of the use of physical restraint on such persons unless absolutely necessary and prohibition of the use of such restraint as a punishment or as a substitute for habilitation program; (iv) prohibition on the excessive use of chemical restraints on such persons 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 persons; (v) permission for close relatives of such persons to visit them at reasonable hours without prior notice; (vi) compliance with adequate fire and safety standards as may be promulgated by the Secretary; and (2) all programs for persons with developmental disabilities should meet standards which are designed to assure the most favorable possible outcome for those served.

Directs the Secretary to require as a condition to a State's receiving an allotment after September 30, 1976, that the State provide the Secretary satisfactory assurances that each program which receives funds from the State's allotment has in effect for each developmentally disabled person who receives services from or under the program a habilitation plan meeting the specified requirements.

Requires such a plan to: (1) contain a statement of the long-term habilitation goals for the person and the intermediate habilitation objectives relating to the attainments of such goals; and (2) contain a statement (in readily understandable form) of specific habilitation services to be provided.

Directs the Secretary to require as a condition to a State receiving an allotment for a fiscal year ending before October 1, 1977, that the State provide the Secretary satisficatory assurances that not later than such date: (1) the State will have in effect a system to protect and advocate the rights of persons with developmental disabilities; and (2) such system will (A) have the authority to pursue legal, administrative, and other appropriate remedies to insure the protection of the rights of such persons who are receiving treatment, and (B) be independent of any State agency which provides treatment.

Directs the Secretary to conduct a study of the development of recommendations for standards and quality assurance mechanisms (including enforcement mechanisms) for residential facilities and community agencies providing treatment, services, or habilitation for persons with developmental disabilities which standards and mechanisms will assure the rights stated in this Act, and report the results to the Senate Committee on Labor and Public Welfare and the House Committee on Interstate and Foreign Commerce.

=Title III: Miscellaneous= - Requires the Secretary to determine the conditions of persons which should be included as developmental disabilities for purposes of the programs authorized by title I of the Act, and to contract for an independent evaluation of such determination, and to report on such matters to the Congress.