Library Collections: Document: Full Text


A Metropolitan Area In Denmark: Copenhagen

From: Changing Patterns in Residential Services for the Mentally Retarded
Creator: N.E. Bank-Mikkelsen (author)
Date: January 10, 1969
Publisher: President's Committee on Mental Retardation, Washington, D.C.
Source: Available at selected libraries

Previous Page   Next Page   All Pages 


133  

Subsection 4.

134  

The compulsory education and training may be fulfilled as home-tuition or in any other way in which provisions are made for the education, training and general development of the person in question, in so far as this does not conflict with the interests of the person in question.

135  

Subsection 5.

136  

When the compulsory education and training is not fulfilled, assistance from the Service can only be granted in accordance with the rules in Section II in the Act of Public Welfare. As regards adolescents aged 18 till 21, who are not covered by the rules in Section II in the Act of Public Welfare, the Service itself makes its decisions with regard to the fulfillment of compulsory education and training. The person in question or one who acts on his behalf, may request that the decision reached be submitted to the Central Tribunal for settlement. Besides, the rules in Section 10, subsections 5 and 6, and Section II are correspondingly applied.

137  

Subsection 6.

138  

With the approval of the Minister of Social Affairs, and after negotiations with the board of directors of the Service, financial aid may be granted to the establishment and upkeep of municipal and private institutions for mentally retarded persons.

139  

Chapter IV.

140  

Special Rules concerning Adults.

141  

Section 10.

142  

Any person over 18, who is mentally retarded or whose state may be placed on a level with the mentally retarded persons, and who is not covered by the rules in Chapter III, is obliged to receive help pursuant to this Act, in so far as the chief physician in question should deem the said person to be regarded as dangerous for himself or other people.

143  

Subsection 2.

144  

According to Section 1, the initiation of relief measures can only be effected on the basis of a statement from a medical practitioner, who is not employed by the Service.

145  

Subsection 3.

146  

When an application for termination of relief measures is submitted, the chief physician in question should as soon as possible and within a fortnight come to a decision, whether the application should be complied with or not. In other cases than those mentioned in Section 1, application for the termination of relief measures may not be refused, unless the termination of these measures is presumed to create essential nuisance to the person in question. Together with the information on the decision made, the person in question should be informed of his access to claim the submission of his case to the Central Tribunal, mentioned in Section 4.

147  

Subsection 4.

148  

The decision made regarding the initiation or termination of relief measures can by the person in question or by one who acts on his behalf, be requested submitted to the Central Tribunal for settlement.

149  

Subsection 5.

150  

The Central Tribunal shall settle the question as soon as possible, and within one month after receipt of the appeal. The settlement should be come to by ordinary majority, and the grounds for the judgment should be given.

151  

Subsection 6.

152  

If the Central Tribunal has settled a case, no other appeal to the Tribunal can be made until a year after the date of the first settlement, unless the Tribunal has fixed an earlier date. In case of legal decision, the time-limit should be calculated from the date of passing of the sentence.

153  

Section 11.

154  

The settlements of the Central Tribunal can, within one month, be appealed to the Court for settlement in accordance with the rules laid down in Chapter 43.a. in the Administration of Justice Act. The request of submission to the court may be forwarded by the person in question or by a person who acts on his behalf.

155  

Subsection 2.

156  

If the Central Tribunal has passed a decision, made pursuant to Section 9, subsection 5, point 2, or Section 10, the person who has appealed the case must together with this fact be informed on his access to request the case submitted to the court, and the date fixed for this submission must be given.

157  

Subsection 3.

158  

When the legality of the Tribunal's settlement is affirmed by judgment, the request for re-examination cannot be made with obligation for the Service to submit the case to the court in accordance with the Administration of Justice Act, Section 469, until one year from the time of the judgment, unless the court should fix an earlier date.

159  

Subsection 4.

160  

The rules in this section should apply correspondingly to cases in which the chief administrative officers of the state have made decision of initiation of measures for care of those mentally retarded persons whose mental state involves danger to law and order.

161  

Section 12.

162  

In cases when relief measures have been initiated or terminated, pursuant to Section 9, subsection 5, point 2, or Section 10, it rests with the Service, at the same time as it makes the decision, to advise accordingly the probate court on the domicile of the person in question (in Copenhagen: The Municipal Corporation), in order to have a qualified and willing guardian appointed. Unless circumstances prevent, the wish of the person in question should be taken into consideration on the appointment of the guardian.

Previous Page   Next Page

Pages:  1  2  3  4  5  6  7  8  9  10  11    All Pages