Advancing Deinstitutionalization

18 Pages Posted: 26 Sep 2012

See all articles by Stephen L. Mikochik

Stephen L. Mikochik

Ave Maria School of Law; Temple University James E. Beasley School of Law

Date Written: July 23, 1989

Abstract

For over a quarter century, the "deinstitutionalization movement"' achieved the transfer of countless retarded persons from large, congregate-care facilities to family-style residences in the community. This article suggests an approach to deinstitutionalization more likely than past theories to be judicially persuasive because it is more consistent with the Court's view of its general role in enforcing the substantive due process and equal protection safeguards of the fourteenth amendment. This approach, similar to judicial review of agency action," will seek simply to insure that professional judgment was in fact exercised without requiring the reviewing court to second-guess the propriety of any treatment prescribed and explains why current deinstitutionalization theories are in doubt.

Keywords: deinstitutionalization, retarded persons, congregate care facilities, due process

Suggested Citation

Mikochik, Stephen L. and Mikochik, Stephen L., Advancing Deinstitutionalization (July 23, 1989). North Dakota Law Review, Vol. 65, No. 1, 1989, Available at SSRN: https://ssrn.com/abstract=2115946

Stephen L. Mikochik (Contact Author)

Temple University James E. Beasley School of Law ( email )

1719 N. Broad Street
Philadelphia, PA 19122
United States
215-204-8962 (Phone)
215-204-1185 (Fax)

Ave Maria School of Law ( email )

1025 Commons Circle
Naples, FL 34119
United States

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