44th legislature - STATE OF NEW MEXICO - second session, 2000

REQUESTING THE DEPARTMENT OF HEALTH TO APPLY JACKSON V. FT. STANTON RECOMMENDATIONS.

WHEREAS, individuals with developmental disabilities comprise one of the most vulnerable populations in New Mexico; and

WHEREAS, individuals with developmental disabilities have historically been considered incapable of making decisions for themselves; and

WHEREAS, individuals with developmental disabilities have historically had others making decisions on their behalf, sometimes resulting in abuse, neglect and exploitation; and

WHEREAS, the department of health has prior experience with deinstitutionalization and with the difficulties experienced by previously institutionalized individuals in making their own decisions; and

WHEREAS, experience has shown that, with appropriate guidance, individuals with developmental disabilities are capable of making decisions for themselves but need assistance in understanding the consequences of their decisions; and

WHEREAS, the Jackson v. Ft. Stanton suit directs the department of health to work with advocacy groups and funding sources for self-determination and self-advocacy; and

WHEREAS, recommendations developed by the department of health and the human services department include assisting people with developmental disabilities in making their own decisions; and

WHEREAS, within the last two and one-half years, two service provider agencies terminated their residential programs, requiring persons with developmental disabilities who had no previous training in making decisions to choose other service providers;

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the department of health work collaboratively with the human services department to implement the recommendations in the five-point plan for the future of intermediate care facilities for the mentally retarded in New Mexico and convene a work group to develop a plan for providing self-determination and self-advocacy training and support for decision making for individuals with disabilities statewide and to develop a budget to support the recommended programs; and

BE IT FURTHER RESOLVED that the work group include individuals with developmental disabilities, family members, advocacy organizations, community-based providers and developmental disability services; and

BE IT FURTHER RESOLVED that the department of health report on the implementation of these programs to the legislative health and human services committee at its September 2000 meeting; and

BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the secretary of health and the secretary of human services.