Congress makes the following findings respecting the rights of individuals with developmental disabilities:

• (1) Individuals with developmental disabilities have a right to appropriate treatment, services, and habilitation for such disabilities.

• (2) The treatment, services, and habilitation for an individual with developmental disabilities should be designed to maximize the developmental 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 assure that public funds are not provided to any institutional or other residential program for individuals with developmental disabilities that -
  • (A) does not provide treatment, services, and habilitation
    which is appropriate to the needs of such individuals; or
  • (B) does not meet the following minimum standards:
    • (i) Provision of a nourishing, well-balanced daily diet to
      the individuals with developmental disabilities being served
      by the program.
    • (ii) Provision to such individuals of appropriate and
      sufficient medical and dental services.
    • (iii) Prohibition of the use of physical restraint on such
      individuals unless absolutely necessary and prohibition of
      the use of such restraint as a punishment or as a substitute
      for a habilitation program.
    • (iv) Prohibition on 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.
    • (v) Permission for close relatives of such individuals to
      visit them at reasonable hours without prior notice.
    • (vi) Compliance with adequate fire and safety standards as
      may be promulgated by the Secretary.

• (4) All programs for individuals with developmental disabilities should meet standards which are designed to assure the most favorable possible outcome for those served, and -
  • (A) in the case of residential programs serving individuals
    in need of comprehensive health-related, habilitative, or
    rehabilitative services, which are at least equivalent to those
    standards applicable to intermediate care facilities for the
    mentally retarded promulgated in regulations of the Secretary
    on June 3, 1988, as appropriate when taking into account the
    size of the institutions and the service delivery arrangements
    of the facilities of the programs;
  • (B) in the case of other residential programs for individuals
    with developmental disabilities, which assure that care is
    appropriate to the needs of the individuals being served by
    such programs, assure that the individuals admitted to
    facilities of such programs are individuals whose needs can be
    met through services provided by such facilities, and assure
    that the facilities under such programs provide for the humane
    care of the residents of the facilities, are sanitary, and
    protect their rights; and
  • (C) in the case of nonresidential programs, which assure the
    care provided by such programs is appropriate to the
    individuals served by the programs. The rights of individuals with developmental disabilities described in findings made in this section are in addition to any constitutional or other rights otherwise afforded to all individuals.
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