Developmental Disability and Mental Retardation Facilities

The Section has initiated investigations of conditions of confinement in more than 30 facilities for people with mental retardation  across the country and in the Commonwealth of Puerto Rico.  The Section currently monitors conditions in 22 facilities that operate under court orders or settlement agreements with the United States.

The investigations have focused on residents' constitutional rights to reasonable safety, adequate medical and mental health care, habilitation, freedom from unreasonable restraints, and education.  The investigations also focus on violations of rights guaranteed by the Americans with Disabilties Act, 42 U.S.C. § 12131 et seq., the Individuals with Disabilities Education Act, 20 U.S.C. § 400 et seq., and Section 504 of the Rehabilitation Act of 1974, 29 U.S.C. § 794.  Several of the cases have involved allegations of staff abuse, preventable injuries and deaths, and excessive use of restraints.  The Section has made a priority of enforcing the ADA's integration regulation, which requires that placement be offered in the most integrated setting appropriate to the needs of the individual.

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