Legal Question in Disability Law in Pennsylvania

Mental Retardation rights

I am a Case Worker in PA. An individual with MR on my caseload has repetitive behavioral issues. All of his behaviors stem from him receiving his 2 sodas that he gets every day. Because it is his 'right' to have soda, even if he hits, spits, or is verbally/physically aggressive in any way, the staff must still give the soda to him. My team and I feel that he is not understanding that this behavior is unacceptable due to the fact that he is almost being rewarded for his behaviors by receiving his soda. My question is: Is there any way to wave his rights (for soda) by obtaining guardian/designated contact consents to do so? If not, do I have any alternatives to help solve my problem that will not be taking his rights or by breaking the law? I appreciate any help you can give me. Thanks.


Asked on 1/29/08, 8:33 am

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Mental Retardation rights

You asked about behavioral issues with a developmentally challenged person.

I'm afraid the law can't help you. To my knowledge there is no way that a person has a right to have soda. A disabled person has a right to certain accommodations that are associated with compensating or accommodating their disabilities. They also have the right to make certain choices for his/herself. But a caregiver can use inducements as a way to reward or discipline behavior. As long as the disabled individual gets care for according to minimum standards of care then the caregiver should be able to withhold or provide treats in order to reinforce behavior.

Now, I just dug a hole for myself because I actually know nothing about the care of the developmentally challenged and answered from a legal perspective as to the disabled (which I do know about). You will need to get an answer from an attorney more familiar with the situation to arrive a proper solution. Now if you'll excuse me, I think I want a soda.

Regards,

Roger

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Answered on 1/29/08, 11:42 am


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