Page:United States Statutes at Large Volume 98 Part 3.djvu/298

 98 STAT. 2670

Housing.

45CFR234, 248-250. Housing.

PUBLIC LAW 98-527—OCT. 19, 1984

"(iii) Prohibition of the use of physical restraint on such persons unless absolutely necessary and prohibition of the use of such restraint as a punishment or as a substitute for a habilitation progrgim. "(iv) Prohibition on the excessive use of chemical restraints on such persons 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 persons. "(v) Permission for close relatives of such persons 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 persons 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 persons 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 January 17, 1974 (39 Fed. Reg. pt. II), 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 persons with developmental disabilities, which assure that care is appropriate to the needs of the persons being served by such programs, assure that the persons admitted to facilities of such programs are persons 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 ceise of nonresidential programs, which assure the care provided by such programs is appropriate to the persons served by the programs. The rights of persons with developmental disabilities described in findings made in this section are in addition to any constitutional or other rights otherwise afforded to all persons. "PART B—FEDERAL ASSISTANCE FOR PLANNING AND SERVICE ACTIYITIES FOR PERSONS WITH DEVELOPMENTAL DISABIUTIES "PURPOSE

42 USC 6021.

"SEC. 121. The purpose of this part is to provide payments to States to plan for, and to conduct, activities which will increase and support the independence, productivity, and integration into the community of persons with developmental disabilities. "STATE PLANS

42 USC 6022.

"SEC. 122. (a) Any State desiring to take advantage of this part must have a State plan submitted to and approved by the Secretary under this section.

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