Written by attorneys · grounded in primary & secondary sources — see below
Training or treatment provided to individuals with developmental disabilities in state institutions to help them acquire skills for daily living. The minimally adequate level is determined by the individual's liberty interests in safety and freedom from unreasonable restraints.
Sources & Authorities· 24 primary sources
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Cases
Statutes
Federal Rules
How it applies
Common Examples
6
Federal Obligation for Institutional Training
Hilda Hernandez was involuntarily committed to a state facility. Federal law required the state to honor prior obligations for her habilitation program. The court upheld continued funding because the constitutional provision preserved the validity of the pre-existing commitment to provide training.
Exceeding Scope of Chattel Use in Training
Helena Hoffman authorized a therapist to use a therapy device only for basic motor exercises with Harper Hill. The therapist instead employed it for advanced skill drills exceeding the authorization. Harper's guardian sued for conversion because the overuse seriously interfered with control over the device used in habilitation.
Hamid Hassan held a senior mortgage on a residential facility providing habilitation services. A junior mortgagee sought a receiver first. The court granted the senior mortgagee's request priority because the senior instrument included both a rents clause and receivership authorization upon default.
Grand Jury Qualification Challenge
Hunter Hughes moved to dismiss an indictment alleging inadequate habilitation funding at a state facility. The court denied the motion because at least twelve qualified jurors had concurred in the indictment despite one juror's questionable legal qualification.
Uncertificated Shares for Facility Funding
Hyperion Systems' board authorized issuance of uncertificated shares to raise capital for a habilitation center. The authorization did not affect previously issued certificated shares until surrender. Shareholders received written statements confirming their interests in the new funding round.
Qualified Beneficiary Status for Trust Distributions
Hyun Han was a permissible distributee of trust income used to fund habilitation services. On the determination date he qualified as a beneficiary because his interest would become possessory if the current distributees' interests terminated without ending the trust.
Common questions
Frequently Asked
1
What standard determines the required level of habilitation in state institutions?+
The minimally adequate training is that which is reasonable in light of the individual's liberty interests in safety and freedom from unreasonable restraints.
Supporting sources
381 U.S. 479 (1965)Constitutional Law
…S. 551; Wieman v. Updegraff , 344 U. S. 183. And see Ex parte Secombe , 19 How. 9, 13. A State can require high standards of qualification, such as good moral character or proficiency in its law, before it admits an applicant to the bar, but any qualification must have a rational connection with the applicant's fitness or…