What is Youngberg v Romeo?
Romeo (1982), the U.S. Supreme Court ruled that individuals with severe retardation who were involuntarily confined to any state facility had a constitutional right to habilitative services to ensure their safety and freedom from undue restraint. This right is based on askedJan 31, 2017in Educationby Zahnn foundations-introductory-courses
What was the Supreme Court's decision in Romeo and Juliet?
Romeo, 457 US 307 (1982) Nicholas Romeo was a man with significant developmental disabilities. He had lived with his parents until he was 26, but after the death of his father his mother was unable to care for him. Upon petition of his mother, pursuant to the procedures for involuntary commitment, he was committed to the Pennhurst State School ...
What was the verdict in the case of Pennhurst V Youngberg?
Argued: January 11, 1982 Decided: June 18, 1982. Respondent, who is mentally retarded, was involuntarily committed to a Pennsylvania state institution. Subsequently, after becoming concerned about injuries which respondent had suffered at the institution, his mother filed an action as his next friend in Federal District Court for damages under ...
Does the 14th Amendment apply to Romeo and Juliet?
Youngberg v. Romeo. No. 80-1429. Argued January 11, 1982. Decided June 18, 1982. 457 U.S. 307. Syllabus. Respondent, who is mentally retarded, was involuntarily committed to a Pennsylvania state institution. Subsequently, after becoming concerned about injuries which respondent had suffered at the institution, his mother filed an action as his ...
Why was Romeo in the hospital?
Thereafter, in late 1976, Romeo was transferred from his ward to the hospital for treatment of a broken arm. While in the infirmary, and by order of a doctor, he was physically restrained during portions of each day. [ Footnote 4] These restraints were ordered by Dr. Gabroy, not a defendant here, to protect.
How to determine if a respondent's constitutional rights have been violated?
Accordingly, whether respondent's constitutional rights have been violated must be determined by balancing his liberty interests against the relevant state interests. If there is to be any uniformity in protecting these interests, this balancing cannot be left to the unguided discretion of a judge or jury.
Which amendment states that the involuntarily committed retain liberty interests in freedom of movement and in personal security?
the Fourteenth Amendment, the court found that the involuntarily committed retain liberty interests in freedom of movement and in personal security. These were "fundamental liberties" that can be limited only by an "overriding, nonpunitive" state interest. Id. at 157-158 (footnote omitted).
When did the respondent's mother file a complaint against the defendant?
Respondent's mother became concerned about these injuries. After objecting to respondent's treatment several times, she filed this complaint on November 4, 1976, in the United States District Court for the Eastern District of Pennsylvania as his next friend.
When did Pennhurst commit to the hospital?
On June 11, 1974, the Court of Common Pleas committed respondent to the Pennhurst State School and Hospital, pursuant to the applicable involuntary commitment provision of the Pennsylvania Mental Health and Mental Retardation Act, Pa.Stat.Ann., Tit. 50, § 4406 (b) (Purdon 1969).
Pennhurst State School
Imagine that your child is severely intellectually disabled and you can no longer take care of him on your own. Instead, you have to have him committed to a state institution. Unfortunately, many terrible things happen in this institution. Patients are sometimes abused and even made to fight each other.
Procedural History
Romeo's mother brought the suit against Pennhurst (Youngberg was an employee of Pennhurst), and the trial court instructed the jury that Romeo's Eighth and Fourteenth Amendment rights were only violated if they found Pennhurst had been 'deliberately indifferent' to Romeo's needs. The jury then found in favor of Pennhurst.
The Court's Decision
The Court's 1982 decision was unanimous: they all agreed that the Fourteenth Amendment protected Romeo's rights. They said the Eighth Amendment did not apply, because Romeo was not convicted of any crimes, and was thus entitled to better treatment than a person convicted of a crime.
What is a civil commitment of pedophile by jury trial immediately following his release from prison?
Held: civil commitment of pedophile by jury trial immediately following his release from prison did not constitute double jeopardy , ex post-facto lawmaking or violation of substantive due process, where petitioner admittedly posed current danger to children.
Who provided the proper due process for forced medication orders?
Sufficient due process for forced medication order was provided by hospital committee consisting of psychiatrist, psychologist and hospital official not currently involved in inmate’s diagnosis and treatment.
What is early intervention in Minnesota?
Early Intervention. Where a mentally ill individual has established a pattern of decompensating and becoming dangerous when off medications, it is in both the patient’s interest and the public interest to intervene early. Minnesota has an early intervention statute, and there are probably other examples. 3.
What is the meaning of "voluntarily committed" in the case of Zinermon v. Burch?
113 (1990). Psychotic individual “voluntarily” committed for treatment. Held: U.S. Constitution prohibits “voluntary” commitments where patient is incapable of informed consent. Dualing dicta: On the one hand, wrongly characterizes O’Connor v. Donaldson as holding that “there is no basis for confining mentally ill persons involuntarily ‘if they are dangerous to no one and can safely live in freedom,’” 494 U.S. at 134. On the other, accepts without comment a state standard that defines grave disability very loosely, permitting involuntary commitment for individuals whose “neglect or refusal to care for themselves threatens their well-being,” Id . (emphasis added).
When can a child be treated for schizophrenia?
Schools and colleges could initiate treatment when relatives—often mentally ill themselves—do not. Ideally, “juvenile” would be defined to extend to age 25 or so, capturing the average onset age for schizophrenia, the most serious mental illness.
Is the Supreme Court allowing states to define mental illness?
Though the extent of states’ power to commit mentally ill persons on a “need for treatment” basis remains unclear, the Supreme Court will allow the states considerable leeway in defining mental illness, “danger to self or others” and “gravely disabled.”
Is there a constitutional right to minimally adequate training/habilitation?
Held: there is a constitutional right to the minimally adequate training/habilitation that an appropriate professional would consider reasonable to ensure safety and freedom from undue restraint. The constitutional standard is lower than malpractice standard, requiring only that professional judgment be exercised.