Due process and the institutionalization of mentally disabled persons

Conclusions and Future Implications

While a discussion of the scores of remedies for assuring due process has not been possible in the scope of this paper, it is important to note that both the definition of due process and the determination of the mentally disabled person’s rights are dynamic processes. These concepts are ever changing; the procedures of administrators, the outcomes of their decisions, and the applicability of court standards are constantly being tested in a valiant attempt to achieve the best of all possible solutions.

Since public administrators will always have a large share of discretionary authority, due process will continue to evolve, providing mandates for greater structure. Similarly, as new theories of treatment and care for the mentally ill and mentally retarded find popularity, the mode of administering services will be adapted to their concepts. In all likelihood, the future holds an increasing emphasis on the guarantee of constitutional and moral rights to mentally disabled individuals.