This disability rights timeline lists events relating to the civil rights of people with disabilities in the United States of America, including court decisions, the passage of legislation, activists' actions, significant abuses of people with disabilities, and the founding of various organizations. Although the disability rights movement itself began in the 1960s, advocacy for the rights of people with disabilities started much earlier and continues to the present.
The fine of $1 equates to more than $20 in 2018.Any person who is diseased, maimed, mutilated, or in any way deformed, so as to be an unsightly or disgusting object, or an improper person to be allowed in or on the streets, highways, thoroughfares, or public places in the city, shall not therein or thereon expose himself to public view, under the penalty of a fine of $1 for each offense (Chicago City Code 1881)[8]
An 18 year-old girl with agitated depression successively had her upper and lower molars extracted, a tonsillectomy, sinus drainage, treatment for an infected cervix, removal of intestinal adhesions—all without effecting improvement in her psychiatric condition. Then the remainder of her teeth were removed and she was sent home, pronounced cured.[24]
Andrew Scull argues that Cotton's obsession with focal sepsis as the root cause of mental illness "persisted in spite of all evidence to the contrary and the frightening incidence of death and harm from the operations he initiated".[24] Cotton's approach attracted some detractors, but the medical establishment of the day did not effectively renounce or discipline him.[24]
There must be evidence of recent behavior to justify the substantial likelihood of serious bodily harm in the near future. Moments in the past, when an individual may have considered harming themselves or another, do not qualify the individual as meeting the criteria. ("Near" means close, short, or draws near.)[72] Examinations may last up to 72 hours after a person is deemed medically stable and occur in over 100 Florida Department of Children and Families-designated receiving facilities statewide. There are many possible outcomes following examination of the patient. This includes the release of the individual to the community (or other community placement), a petition for involuntary inpatient placement (what some call civil commitment), involuntary outpatient placement (what some call outpatient commitment or assisted treatment orders), or voluntary treatment (if the person is competent to consent to voluntary treatment and consents to voluntary treatment). The involuntary outpatient placement language in the Baker Act took effect as part of the Baker Act reform in 2005.
The psychiatrist "based this conclusion on the girl's lack of emotional control, her consistent low scores in areas of judgment on psychological tests, and the likelihood that she would abuse a child."[76]
On occasion psychiatrists are asked for an opinion about an individual who is in the light of public attention or who has disclosed information about himself/herself through public media. In such circumstances, a psychiatrist may share with the public his or her expertise about psychiatric issues in general. However, it is unethical for a psychiatrist to offer a professional opinion unless he or she has conducted an examination and has been granted proper authorization for such a statement.[92]
any individual who (A) has a physical or mental disability which for such individual constitutes or results in a substantial handicap to employment and (B) can reasonably be expected to benefit in terms of employability from vocational rehabilitation services provided pursuant to titles I and III of this Act.[103]
The 1974 amendments substituted a much broader definition of "handicapped individual" applicable to employment by the federal government (Section 501 of the Act), modification or elimination of architectural and transportation barriers (Section 502), employment by federal contractors (section 503) and to programs receiving federal financial assistance (Section 504) that was not related to employability through vocational rehabilitation services. The 1974 amendments clarified that a handicapped individual meant
any person who (A) has a physical or mental impairment which substantially limits one or more of such person's major life activities, (B) has a record of such an impairment, or (C) is regarded as having such an impairment.
Congress adopted that definition in the Americans with Disabilities Act of 1990, substituting the term "disability" for "handicapped."[104]
Although Herbin did provide evidence of substantial drug abuse in the past, he was unable to provide expert witness testimony of any mental disorder. The court held that the substance abuse did not serve as evidence for a "settled insanity" defense alone without the link to a mental disorder. No lay witnesses testified as to any behavior consistent with insanity, even if lay testimony were admissible to establish the insanity defense in Virginia. Also, although Herbin did provide an extensive history of drug and sexual abuse, the court said no evidence showed either of these issues were causes or results of a mental disorder. Therefore, the appeals court upheld his conviction.[244]"The weight of authority in this country recognizes an insanity defense that is based on a mental disease or defect produced by long-term substance abuse." Commonwealth v. Herd, 413 Mass. 834, 604 N.E.2d 1294, 1299 (1992). At the same time, "evidence of mere narcotics addiction, standing alone and without other physiological or psychological involvement, raises no issue of such a mental defect or disease as can serve as a basis for the insanity defense." United States v. Lyons, 731 F.2d 243, 245 (5th Cir.1984) (citing cases). Although appellant produced evidence of long-term and severe drug abuse, he did not present any evidence that he was suffering from any mental disease as a result of this drug abuse. See Hooks v. State, 534 So.2d 329, 353 (Ala.Crim.App.1987), aff'd sub nom. Ex parte Hooks, 534 So.2d 371 (Ala.1988). – See more at: https://caselaw.findlaw.com/va-court-of-appeals/1349937.html#sthash.YduwJJE7.dpuf
The outcome was that UPS agreed to pay a $5.8 million award and agreed to a comprehensive accommodations program that was implemented in their facilities throughout the country.
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The day-old daughter of Mr. and Mrs. William Meter of 121 North Cicero Avenue, died today at the German-American Hospital, where Dr. Harry J. Haiselden refused to perform an operation which he acknowledged probably would save the child's life. Physician, Who Acted Similarly in the Bollinger Case, Suspects Pre-Natal Influence.
At 4am on November 12, 1915, a woman named Anna Bollinger gave birth at the German-American Hospital in Chicago. The baby was somewhat deformed and suffered from extreme intestinal and rectal abnormalities, as well as other complications. The delivering physicians awakened Dr Harry Haiselden, the hospital's chief of staff. Haiselden came in at once. He consulted with colleagues. There was great disagreement over whether the child could be saved. But Haiselden decided the baby was too afflicted and fundamentally not worth saving. It would be killed. The method: denial of treatment.
Dr. Harry J. Haiselden, who refused to perform an operation on the Bollinger baby because he believed the child would be a hopeless defective, will be expelled from membership in the Chicago Medical Society if the council of that body approves the findings of the Ethical Relations Committee.
The film was inspired by the sensational case of Dr. Harry Haiselden, a Chicago surgeon who convinced the parents of a newborn with multiple disabilities to let the child die instead of performing surgery that would save its life. In the film, Haiselden actually plays himself, a wise doctor who attends the birth of a child born with congenital syphilis – incurable at the time and a major cause of congenital disabilities. Two other doctors interfere, out of personal pride and misplaced benevolence, and try to convince the woman to save the child's life. The woman is forced to choose.
It is clear that the doses involved were low and that it is extremely unlikely that any of the children who were used as subjects were harmed as a consequence.
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... psychiatrists can discuss mental health issues with the news media, but that it is unethical for them to diagnose mental illnesses in people they have not examined and whose consent they have not received.
If all of the above procedural requirements have been followed, we hold that a probate judge may permit a sterilization after making specific written findings from clear and convincing evidence, that it is in the best interests of the incapacitated ward, rather than the parents' or the public's convenience, to do so.
This appeal raises the question of whether the superior court has the authority to order the sterilization of a mental incompetent upon petition by the incompetent's legal guardian. We conclude that the superior court, as a court of general jurisdiction, does have the authority to entertain and act upon such a petition. [...] Basic notions of procedural due process require that the incompetent be afforded a full judicial hearing at which medical testimony is presented and the incompetent, through a guardian ad litem, is allowed to present proof and cross-examine witnesses. The advocates of the proposed operation bear the heavy burden of proving by clear and convincing evidence that sterilization is in the best interests of the incompetent.
The Project filed Poe v. Lynchburg Training School on behalf of 8,000 women involuntarily sterilized by a state mental institution in Virginia. In a settlement reached in 1985, the state agreed to inform the women about what had been done to them and to help them get counseling and medical treatment.
We conclude, therefore, that as to incompetent minors circuit courts, acting in pursuance of their inherent parens patriae authority, have subject matter jurisdiction to consider a petition for an order authorizing a guardian to consent to the sterilization of an incompetent minor. [...] In addition to these factors, the trial court, before authorizing sterilization as being in the best interests of the incompetent minor, must find by clear and convincing evidence that the requested operative procedure is medically necessary to preserve the life or physical or mental health of the incompetent minor.
The officers in the unit have carried Tasers since shortly after the 1984 death of Eleanor Bumpurs, a disturbed, obese woman who was shotgunned to death by an officer in her apartment after she escaped a restraint and brandished a knife.
Accordingly, we hold that the probate court has jurisdiction to hear an application by a guardian for authorization to consent to an extraordinary procedure under M.C.L. § 330.1629; M.S.A. § 14.800(629), including sterilization, and to order such authorization if it determines the procedure is in the ward's best interests.
First, the party seeking sterilization may demonstrate by clear and convincing evidence that the ward, if competent, would have wished to be sterilized and would not have objected to the chosen method of sterilization. If the party seeking sterilization can meet this burden after all procedures have been followed and all relevant evidence has been taken into account, then the court may issue an order authorizing sterilization of the ward. The party opposing sterilization can attempt to produce clear and convincing evidence that if the ward were competent, she either (1) would not have wished to be sterilized if she could have foreseen her current situation, or (2) would not have consented to the chosen method of sterilization. If either of these things can be demonstrated, then following the substituted judgment standard provided for in the Probate Act, the ward's wishes prevail and the court should deny the petition for sterilization. No analysis of the ward's best interests is necessary under either of these scenarios. However, if the ward's substituted judgment cannot be proved by clear and convincing evidence either way, then the Probate Act instructs us to proceed to a best interests analysis, following the six Terwilliger factors outlined above. As discussed, the petition for sterilization should be granted if and only if the proponent of the petition can prove it is in the ward's best interests by clear and convincing evidence, when compared to other, less intrusive alternatives currently available to the ward, as well as potential future alternatives that may become available due to scientific or medical advances. If the court concludes, after analysis of all the above factors, that sterilization by the petitioned-for method is proven to be in the ward's best interests by clear and convincing evidence, then a petition authorizing the procedure may issue. Otherwise, the petition must be denied.
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