DDA Legal Rights & Ethical Responsibilities 4 — Questions and Answers
Question 1: The Olmstead v. L.C. Supreme Court decision (1999) established that:
- Institutions must meet minimum standards of care
- States must provide community-based services to individuals with disabilities who qualify and choose them (Correct answer)
- Guardians can override a person's choice of residential setting
- Federal funding can be withheld from states that discriminate
Correct answer: States must provide community-based services to individuals with disabilities who qualify and choose them
Olmstead ruled that unjustified institutionalization of people with disabilities violates the ADA, requiring states to provide community-based services when appropriate.
Question 2: A DSP overhears another staff member making derogatory comments about a client behind closed doors. The ethical obligation is to:
- Pretend not to hear it to avoid workplace conflict
- Join the conversation if the comments seem harmless
- Address the behavior and report it per agency policy (Correct answer)
- Only act if the client was present and heard the comments
Correct answer: Address the behavior and report it per agency policy
Derogatory comments about clients violate dignity and professional ethics regardless of whether the client is present, and must be addressed and reported.
Question 3: A legal guardian has authority to make decisions on behalf of an adult with a developmental disability in areas where:
- The guardian disagrees with the client's choices in any area
- A court has determined the individual lacks capacity and granted guardianship (Correct answer)
- The agency believes the individual needs additional support
- The client has previously made poor decisions
Correct answer: A court has determined the individual lacks capacity and granted guardianship
Guardianship authority only exists in domains where a court has specifically determined the individual lacks decision-making capacity.
Question 4: Which of the following BEST describes 'supported decision-making' as an alternative to guardianship?
- A court appoints a professional guardian to make all decisions
- The individual chooses trusted supporters to help understand options and express decisions (Correct answer)
- Family members automatically receive decision-making authority
- A team of professionals votes on what is best for the individual
Correct answer: The individual chooses trusted supporters to help understand options and express decisions
Supported decision-making allows individuals to keep their legal rights while receiving help from chosen supporters to understand information and communicate decisions.
Question 5: A client discloses to a DSP that they are being physically harmed by a family member. The DSP's FIRST priority is to:
- Contact the family member to discuss the disclosure
- Ensure the client's immediate safety and report to the appropriate authorities (Correct answer)
- Document the disclosure and wait for supervisory direction before acting
- Encourage the client to handle the situation themselves
Correct answer: Ensure the client's immediate safety and report to the appropriate authorities
Client safety is the immediate priority; DSPs must report abuse allegations promptly to protect the client and fulfill mandatory reporting obligations.
Question 6: The ethical principle of 'non-maleficence' in disability services means:
- Treating all clients equally regardless of their disability type
- Avoiding actions that cause unnecessary harm to clients (Correct answer)
- Ensuring clients have access to all available services
- Respecting clients' right to make their own choices
Correct answer: Avoiding actions that cause unnecessary harm to clients
Non-maleficence is the obligation to avoid causing harm to clients, requiring DSPs to consider the risks of their actions and interventions.
Question 7: When documenting a behavioral incident in a client's record, the DSP should write:
- Interpretations of why the client behaved that way
- Objective, factual observations of what was seen and heard (Correct answer)
- Opinions about the client's mental state during the incident
- Comparisons to how the client has behaved in the past
Correct answer: Objective, factual observations of what was seen and heard
Documentation must be objective and factual, recording observable behaviors without interpretation, opinion, or speculation about causes.
DDA Legal Rights & Ethical Responsibilities 4
The Olmstead v.
L.C.
Supreme Court decision (1999) established that: