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The impact of judicial policy-making on services for persons with developmental disabilities
Abstract
In the last two decades, courts have been actively involved in developing public policy for persons with developmental disabilities. The purpose of this study was to examine the impact of litigation involving developmental disability institutions. The study was designed to measure changes in deinstitutionalization rate and expenditures resulting from (a) the existence of relevant litigation in a state, (b) the act of filing a lawsuit, (c) issuance of a consent decree or court order, and (d) termination of court involvement. Study 1 involved three states--Nebraska which experienced litigation in the 1970s, North Dakota which experienced litigation in the 1980s, and South Dakota which experienced no relevant litigation--in an Interrupted Time Series with Switching Replications and Nonequivalent No-Treatment Control Group design. The analysis indicated that the filing of the Nebraska lawsuit and the final implementation order in the North Dakota lawsuit significantly increased deinstitutionalization rates. The analysis also revealed that the termination of the Nebraska lawsuit resulted in a significant decrease in the Nebraska deinstitutionalization rate. Study 2 involved comparisons between two groups; one group consisted of 37 states which had been involved in institutional litigation culminating in a consent decree or court order for plaintiffs, and the other group consisted of 10 states which had not been involved in litigation. The litigation states showed a significantly higher rate of deinstitutionalization from 1977 to 1988 than control states. Litigation states also proportionately expended more public funds for total developmental disability services, services in congregate settings, and community services; however, the differences were not statistically significant. The results indicate that judicial involvement in developmental disability policy has been effective in reforming institutions and remedying rights violations of persons with developmental disabilities. These findings suggest that the judiciary is an essential component in effecting an appropriate public response to a group historically disadvantaged.
Subject Area
Social psychology|Law|Mental health|Welfare
Recommended Citation
DeKraai, Mark B, "The impact of judicial policy-making on services for persons with developmental disabilities" (1990). ETD collection for University of Nebraska-Lincoln. AAI9030113.
https://digitalcommons.unl.edu/dissertations/AAI9030113