California Welfare and Institutions Code 4502 – (a) Persons with developmental disabilities have the same legal …
(a) Persons with developmental disabilities have the same legal rights and responsibilities guaranteed all other individuals by the United States Constitution and laws and the Constitution and laws of the State of California. An otherwise qualified person by reason of having a developmental disability shall not be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that receives public funds.
(b) It is the intent of the Legislature that persons with developmental disabilities shall have rights including, but not limited to, the following:
Terms Used In California Welfare and Institutions Code 4502
- Developmental disability: means a disability that originates before an individual attains 18 years of age, continues, or can be expected to continue, indefinitely, and constitutes a substantial disability for that individual. See California Welfare and Institutions Code 4512
(1) A right to treatment and habilitation services and supports in the least restrictive environment. Treatment and habilitation services and supports should foster the developmental potential of the person and be directed toward the achievement of the most independent, productive, and normal lives possible. Such services shall protect the personal liberty of the individual and shall be provided with the least restrictive conditions necessary to achieve the purposes of the treatment, services, or supports.
(2) A right to dignity, privacy, and humane care. To the maximum extent possible, treatment, services, and supports shall be provided in natural community settings.
(3) A right to participate in an appropriate program of publicly supported education, regardless of degree of disability.
(4) A right to prompt medical care and treatment.
(5) A right to religious freedom and practice.
(6) A right to social interaction and participation in community activities.
(7) A right to physical exercise and recreational opportunities.
(8) A right to be free from harm, including unnecessary physical restraint, or isolation, excessive medication, abuse, or neglect.
(9) A right to be free from hazardous procedures.
(10) A right to make choices in their own lives, including, but not limited to, where and with whom they live, their relationships with people in their community, the way they spend their time, including education, employment, and leisure, the pursuit of their personal future, and program planning and implementation.
(11) A right to a prompt investigation of any alleged abuse against them.
(Amended by Stats. 2014, Ch. 178, Sec. 3. (AB 1687) Effective January 1, 2015.)