| |
| |
Preface | |
| |
| |
Acknowledgments | |
| |
| |
| |
Introduction | |
| |
| |
Some Families | |
| |
| |
Public Policy, Past and Present | |
| |
| |
Changing Policies toward Mental Retardation | |
| |
| |
The Current Policy Dilemma concerning Parents with Retardation | |
| |
| |
Who Are Called "Retarded"? | |
| |
| |
Causes of Mental Retardation | |
| |
| |
Defining and Classifying Mental Retardation | |
| |
| |
A History of Intelligence Testing | |
| |
| |
Evolving Definitions of IQ | |
| |
| |
IQ Testing Today | |
| |
| |
| |
Procreation | |
| |
| |
Procreative Choice--But Whose? | |
| |
| |
Different Legal Approaches | |
| |
| |
Discrimination against Persons Who Have Retardation | |
| |
| |
The Patient as the Appropriate Decisionmaker | |
| |
| |
Benefits and Costs of Protective Measures | |
| |
| |
Resolving the Problem | |
| |
| |
Evolution of Policies toward Sterilization | |
| |
| |
Procedural Protections | |
| |
| |
The Need for Substantive Reforms | |
| |
| |
Judicial Decisionmaking in a Legislative Void | |
| |
| |
Ambivalence toward Eugenics | |
| |
| |
Current Policy Issues concerning Sterilization | |
| |
| |
Strict Prohibition of Nonconsensual Sterilization | |
| |
| |
Retreat from Strict Prohibition | |
| |
| |
Judicial Supervision of Third-Party Consent to Sterilization | |
| |
| |
What Should the Standards for Sterilization Be? | |
| |
| |
Substituted Judgment or Best Interests? | |
| |
| |
Standards for Who Can Be Sterilized and When | |
| |
| |
Disagreement about the Reasons for Sterilization | |
| |
| |
Sex and Contraception | |
| |
| |
Constitutional Law concerning Minors' Access to Sex | |
| |
| |
Constitutional Law concerning Adults' Access to Sex | |
| |
| |
Access to Sex for Persons with Retardation | |
| |
| |
The Importance of Sex Education | |
| |
| |
Preferring Contraception over Sterilization | |
| |
| |
Contraception: Practice and Law | |
| |
| |
Different Legal Treatment of Sterilization and Other Contraceptive Measures | |
| |
| |
Distinguishing Sterilization from Other Contraception | |
| |
| |
The Legal Status of Persons with Mental Retardation Conpared with that of Children | |
| |
| |
The Limited Impact of Guardianship | |
| |
| |
Four Scenarios | |
| |
| |
Imprecise Rules about When Guardianship Is Appropriate | |
| |
| |
Interactions between Guardian and Ward | |
| |
| |
The Peculiar Problem of Abortion | |
| |
| |
Two Differing Legal Approaches | |
| |
| |
Does Practice Accord with the Law? | |
| |
| |
Standards for Abortion | |
| |
| |
Resistance from the Patient | |
| |
| |
| |
A Proposal for Self-Determination | |
| |
| |
Self-Determination Explained and Evaluated | |
| |
| |
The Necessity for Self-Determination | |
| |
| |
Respecting a Patient's Resistance | |
| |
| |
Four Scenarios | |
| |
| |
Critique: Danger and Unworkability | |
| |
| |
How the Proposed System Would Work | |
| |
| |
The Best Available Solution | |
| |
| |
Necessary Limitations on Self-Determination | |
| |
| |
Nonexpressive Persons | |
| |
| |
Minors | |
| |
| |
The Possibility of Varying the Rule | |
| |
| |
The Glen Ridge Rape Case | |
| |
| |
Should Sterilization Be Available Only with Actual Informed Consent? | |
| |
| |
| |
Parenting | |
| |
| |
Some Underlying Rules and Issues | |
| |
| |
Standards for Evaluating Parents: Adoption, Neglect and Abuse, and Custody Proceedings | |
| |
| |
Comparing the Standards | |
| |
| |
The Difficulty and Subjectivity of Defining Unfitness | |
| |
| |
Use and Misuse of Sociological Studies | |
| |
| |
Written Law concerning Parenting: Important Issues for Parents with Retardation | |
| |
| |
Historical Perspective: Per se Disqualification | |
| |
| |
The Unconstitutionality of Disqualifying Parents Because of Unfitness of Their Group | |
| |
| |
Evolution of the Standard | |
| |
| |
Toward an Appropriate Legal Standard, Applicable to All Parents | |
| |
| |
The Social Welfare System in Practice | |
| |
| |
The Process for Parents in General | |
| |
| |
Applying the Procedures to Parents Who Have Retardation | |
| |
| |
Reforming the System | |
| |
| |
Some Diffi | |