What is the right to treatment in the least restrictive environment?
The right to treatment in the least restrictive environment is a foundational principle of Mental Health Law in Hawaii. It is based on the belief that people with mental health issues should receive treatment with the same respect and dignity as anyone else. This means they should be able to receive appropriate care in the least restrictive setting available, such as a community-based setting. The right to treatment in the least restrictive environment exists in both federal and state mental health laws. Under federal law, this right is known as “least restrictive alternative” and is protected by the Americans with Disabilities Act (ADA). This law guarantees that people with disabilities can receive the same services and opportunities as someone without a disability in the most integrated setting appropriate to their needs. In Hawaii, this right is enshrined in the Mental Health Law of 1998. This law states that services for people with mental illness should be provided in the least restrictive setting available. It also recognizes that people with mental illness may not need the same level of care as someone without a disability, as long as they are able to receive appropriate treatment. Overall, the right to treatment in the least restrictive environment is an important part of protecting the civil rights of people with mental health issues in Hawaii. It ensures they can receive the care they need in the most appropriate and respectful setting, without being subjected to any kind of unreasonable discrimination.
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