Note:
William Christian, Normalization as a Goal: The Americans with Disabilities Act and Individuals with Mental Retardation, 73 TEXAS L. REV. 409 (1994).
 

Abstract:
To involuntarily commit a mentally disabled individual under the Americans with Disabilities Act (ADA) and under some state laws, a court must approve the state’s request for confinement; however, the court does not monitor the individual’s progress nor periodically review the individual’s condition to determine if there is a continued need for confinement. Due to the lack of judicial intervention subsequent to the initial determination of commitment, Christian concludes that there is a presumption that a commitment is indefinite. The author argues that courts have an obligation to protect the liberty interests of the mentally disabled by periodically reevaluating the need for confinement in furtherance of the goal to normalize the mentally disabled and integrate them into society.