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Mentally Retarded Patient Rights in California

Mentally retarded patients in California have the same rights as patients without intellectually disabling diseases or conditions. Though many continue to use the terms mentally retarded or mental retardation, as of the passing of Rosa's Law in 2010 federal law requires the use of the terms intellectual disabilities or intellectually disabled in issues regarding education, employment and health (except in Medicaid applications).

  1. Consideration and Freedom from Abuse

    • Intellectually disabled patients in California facilities have the right to be free from mental or physical abuse. These patients must be treated with "consideration, respect and full recognition of dignity and individuality," states California's Patients' Bill of Rights. When they receive treatment or care for their personal needs, they must be allowed the same degree of privacy as patients with complete mental capability. A lack of cognizance on the part of a patient is not an invitation to treat a patient with less consideration.

    Freedom from Discrimination and Exclusion

    • According to the California Welfare and Institutions Code, people with developmental disabilities, including patients with intellectual disabilities who are otherwise qualified, cannot be discriminated against or excluded from a program or activity that receives public funding. Services, programs, treatments and other support available to patients cannot be denied to an intellectually disabled person based on his disability.

    Decision-Making Rights

    • Individuals with intellectual disabilities have the right to make their own choices -- or, when appropriate, their parent or legal guardian has the right -- at a publicly funded facility. The agency must provide the opportunity for them to exercise decision-making skills in day-to-day living. They must provide relevant information to allow an intellectually disabled person or his guardian to decide for himself and to have information given or posted in his own language.

    Personal Belongings Rights

    • Intellectually disabled patients have the right to wear their own clothes, keep and use their own personal possessions -- including toiletries -- and to keep their own reasonable amount of money and spend it as they choose. The patient must have access to an individual storage space for his private use. A disabled patient has the right to see visitors every day and must be given reasonable access to a telephone to make and receive confidential calls. He must have access to letter-writing material and stamps, and he must be able to mail and receive unopened correspondences.

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