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Role perception of individuals monitoring deinstitutionalization consent decrees
Abstract
The residential treatment of persons with mental retardation has gone through a tremendous transformation in recent years. The increasing concern about the adequacy of institutional care has been challenged through the judicial system. Advocacy groups, professionals and people with mental retardation believed that institutional care should be replaced with community-based residences. Class action litigation is a mechanism that has been used to pressure mental retardation bureaucracies into improving institutional care and developing community-based residential options. The focus of litigation surrounds whether or not an institutionalized person with mental retardation has the right to live within community-based residences. The judicial system has become instrumental in the development of community-based residential alternatives for people with mental retardation. The conclusion of class action litigation can be the establishment of a consent decree. A consent decree typically outlines how the defendant organization will rectify faults within the human service delivery system. Monitoring organizations have been established to oversee the implementation of some consent decrees. This study was designed to gather information regarding how individuals assigned the task of monitoring the implementation of a consent decree perceive their roles along with the organizations' effectiveness. The study consisted of two elements. A four person case study and a national questionnaire was completed with individuals who monitor the implementation of deinstitutionalization consent decrees. This study was completed in November 1988. Thirty-two individuals were registered members of the Special Masters and Monitors Organization. A fifty percent response rate was obtained. Conclusions from the data include that individuals who monitor the implementation of deinstitutionalization consent decrees have an important role in ensuring class members rights and protections. Mediation is of importance to the oversight organization. Assisting in the development and implementation of policies, is a vital component to the monitoring organization. The primary strength of the organization was the integrity and commitment it displayed. Consent decree implementation barriers were the defendant organizations' defensiveness to act upon suggestions made by the monitoring organization. Whether or not the newly established policies would remain in operation after the discontinuation of the outside monitoring organization was unclear.
Subject Area
Special education|Law
Recommended Citation
Zeffiro-Krenisky, Denise Marie, "Role perception of individuals monitoring deinstitutionalization consent decrees" (1990). Doctoral Dissertations Available from Proquest. AAI9035423.
https://scholarworks.umass.edu/dissertations/AAI9035423