People with disabilities have the right to live, work, and be included in their communities and to live as independently as possible.

Many years ago, people labeled with developmental disabilities were often forced to live in institutions because there was no such things as community-based services. Some of these institutions abused and neglected people. Institutions segregate people away from their family, friends, and communities.

In recent decades, there has been a shift away from institutions and toward services that can be provided in people’s own homes and communities. In 1999, the U.S. Supreme Court decided a very important case for disability rights, called Olmstead . The Court said that forcing people labeled with disabilities to live in institutions when they can live in their communities was discrimination. This decision resulted in the shift away from institutions to home and community-based services.

In Maine, we call these home- and community-based services “waiver” services. People who receive waiver services have the right to access and be a part of their communities as much as people who don’t receive these services. Another way of saying this is that waiver services are meant to support people in accessing their communities, and should not be a barrier to it.

One of the rules that ensures that people’s services respect this right is the Home and Community Based Settings Rule .

Rights of People Labeled with Intellectual Disabilities and Autism Under Maine Law

People labeled with developmental disabilities and autism have the same rights as any other person living in America. These rights are guaranteed by:

  • The U.S. Constitution, including the Bill of Rights; and
  • Many other federal and state laws, including laws meant to protect the rights of people labeled with disabilities.

One of the most well-known laws is the Americans with Disabilities (ADA), which prohibits discrimination based on disability.

Maine also has specific laws that protect the rights of people labeled with Intellectual Disabilities, Autism, and Acquired Brain Injury. These laws can be found at Title 34-B, §5605 .

They include the right to:

  • Be treated humanely.
  • Be free from abuse, neglect, exploitation, and restraint.
  • Be part of your community.
  • Have guests.
  • Keep and use your own money and personal property.
  • Privacy.
  • Vote.
  • Practice one’s religion freely.
  • Use the telephone and internet.
  • Choose what, when, and where you want to eat.
  • Pursue jobs you are interested in.
  • Be in charge of meetings about your services, like your person-centered plan.
  • Set your own goals.
  • Contact an advocate.

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Resolving Rights Violations

There are many ways to advocate for your rights if you think they have been violated, including:

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    This information is provided as background information and is not intended as legal advice. If you are a person with a disability with questions about your rights or if you believe you were discriminated against because of disability, contact Disability Rights Maine at 800.452.1948, by email to advocate@drme.org, or through our online intake form.

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