Laws, Acts, Codes

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ALL of our country’s laws define what one is entitled to have, to do, or to receive as US citizens, including the Constitution or our Civil Rights (Freedom of Speech, Right to Vote, Freedom of Religion, etc.), Federal Laws, which apply to the citizens of all states, and State Laws, which apply to those residents of a given state. Recipients have all the same rights under the law as any other citizen of this country, as well as the rights contained in the Michigan Mental Health Code (Michigan State Law).

Some specific laws that are of particular importance to the population we serve that you should be familiar with are:

Federal

Community Mental Health Act – The Community Mental Health Act of 1963 (CMHA) (also known as the Community Mental Health Centers Construction Act, Mental Retardation Facilities and Construction Act, Public Law 88-164, or the Mental Retardation and Community Mental Health Centers Construction Act of 1963) was an act to provide federal funding for community mental health centers in the United States. This legislation was passed as part of John F. Kennedy's New Frontier. It led to considerable deinstitutionalization. (http://en.wikipedia.org/wiki/Community_Mental_Health_Act)

http://history.nih.gov/research/downloads/PL88-164.pdf

Civil Rights Act of 1964 - The Civil Rights Act of 1964 (Pub.L. 88–352, 78 Stat. 241, enacted July 2, 1964) was a landmark piece of legislation in the United States[1] that outlawed major forms of discrimination against racial, ethnic, national and religious minorities, and women.[2] It ended unequal application of voter registration requirements and racial segregation in schools, at the workplace and by facilities that served the general public ("public accommodations"). (http://en.wikipedia.org/wiki/Civil_Rights_Act_of_1964)

http://library.clerk.house.gov/reference-files/PPL_CivilRightsAct_1964.pdf

Rehabilitation Act (504) of 1973 - Section 504 of the Rehabilitation Act created and extended civil rights to people with disabilities. Section 504 has provided opportunities for children and adults with disabilities in education, employment and various other settings. It allows for reasonable accommodations such as special study area and assistance as necessary for each student. (http://en.wikipedia.org/wiki/Rehabilitation_Act_of_1973#Section_504)

http://www.dol.gov/oasam/regs/statutes/sec504.htm

The Americans with Disabilities Act of 1990 - (ADA) is a law that was enacted by the U.S. Congress in 1990. It was signed into law on July 26, 1990, by President George H. W. Bush, and later amended with changes effective January 1, 2009.[3] The ADA is a wide-ranging civil rights law that prohibits, under certain circumstances, discrimination based on disability. It affords similar protections against discrimination toAmericans with disabilities as the Civil Rights Act of 1964,[4] which made discrimination based on race, religion, sex, national origin, and other characteristics illegal. Disability is defined by the ADA as "...a physical or mental impairment that substantially limits a major life activity." The determination of whether any particular condition is considered a disability is made on a case by case basis. Certain specific conditions are excluded as disabilities, such as current substance abuse and visual impairment that is correctable by prescription lenses. (http://en.wikipedia.org/wiki/Americans_with_Disabilities_Act_of_1990)

http://www.ada.gov/pubs/adastatute08.htm#12102

State

The Michigan Mental Health Code of 1974 - This is the state law that defines Recipient’s Rights (Chapter 7) and how to provide public mental health services in Michigan. It was enacted 11 years after the Community Mental Health Act (Federal Law) mandated that states establish a way of providing mental health services in the community and reduce institutionalization. The Michigan Mental Health Code standardized Community Mental Health operations in the state of Michigan and in Michigan counties. It also established the Recipient Rights Offices.

http://www.legislature.mi.gov/(S(yagn5w452skdfnfgg4uysj3e))/mileg.aspx?page=GetMCLDocument&objectname=mcl-Act-258-of-1974

Case Law – Involves the courts system. Court decisions interpret and enforce constitutional, federal, and state law.