Amends Act No. 18.600, Setting New Standards On The Mentally Disabled

Original Language Title: MODIFICA LA LEY Nº 18.600, ESTABLECIENDO NUEVAS NORMAS SOBRE LOS DISCAPACITADOS MENTALES

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
"(Artículo único.-Introdúcense las siguientes modificaciones a la ley Nº 18.600: 1) (modified article 1 in the following sense: to) Replace subparagraph first with the following:" article 1.-the prevention, rehabilitation and equalization of opportunities constitute rights for the person with mental disabilities and duties for their family and society as a whole. "."

(b) in the third subparagraph, replacements "mental disability" expressions "mental retardation" and "mentally deficient" by "persons with mental disabilities".

(2) replace article 2 which follows: "article 2.-for the purposes of this Act, is considered a person with mental disabilities to all that which, as a result of one or more limitations, psychological, congenital or acquired, foreseeably of a permanent nature and irrespective of the cause that had originated them, impeded, in a least one third" , its educational capacity, labour or social integration.
Educational, employment or social integration of the person capacity means decreased by one-third when, altogether considering its performance in the areas of intellectual, emotional, behavioral and relational, deemed that such capacity is equal or inferior to the seventy per cent of expected for someone of the same age and social and cultural status, measured by an instrument that is validated by the World Health Organization and individually managed. "."

((3) amended article 3 in the following sense: to) replace the term "mental deficiency", the seven times it appears, "mental disability".

(b) delete, in the final paragraph, the word "psychometric".

(4) replace the article 4th by the following: "Article 4.-the finding, rating, evaluation and Declaration of mental disability, as well as certification, is done in accordance with the procedure indicated in title II of the Act No. 19.284 and regulation.".

(5) repeal the articles 5 and 6.

(6) replace article 7 th by the following: ' article 7.-prevention actions will be developed in the following levels: primary prevention with detection of high-risk cases; " secondary prevention with early treatment, and tertiary prevention with rehabilitation and social integration programmes. At all these levels confluirán inter-ministerial actions, coordinated by the Ministry of health. "."

(7) Reemplazanse in article 8 the expression "the discrete mentally deficient" by "persons with mental disabilities discreet", and the phrase "The mentally deficient moderate and serious" by "People with moderate and severe mental disabilities".

(8) add, then Article 8, the following article 8 bis: "article 8 bis-education that is provided to persons with mental disabilities will tend to provide educational, occupational and social integration according to their possibilities, through the harmonious development of their abilities and personal skills in the following areas of adaptive skills applied, among others, communication, personal care , independence in the home, social skills, use and community facilities, self-determination, health and personal safety, academic functionality, recreation, work and art. "."

(9) replacements in article 9º expressions "the mentally deficient serious and deep" by "persons with severe and profound mental disabilities", and "the mentally deficient deep or serious" by "persons with severe or profound mental disability", both times it appears.

(10) replaced in article 10 the term "mentally deficient" with "people with mental disabilities".

(11) replaced article 11 the expression "the mentally deficient discreet, moderate or serious" by "people with discreet, moderate or severe mental disabilities".

(12) replaced by articles 12 and 14 the expression "mentally deficient" by "persons with mental disabilities".

(13) Reemplazanse in article 15 the expression "mentally deficient" by "persons with mental disabilities", and the phrase "by a report issued by doctors or psychologists referred to in the second paragraph of article 4" by the following: "in the form referred to in article 4".

(14) replaced by article 16 the expression "mental deficient" by "persons with mental disabilities".

(15) replaced article 17 the expression "mentally deficient" with "people with mental disabilities".

(16) in article 18 replacements expressions "mentally deficient" by "persons with mental disabilities", and "the mental deficient" by "the mental disabled person".

(17) incorporated the following article 18 bis: "article 18 bis.-the natural or legal persons that are registered in the national registry of disability and that they are in charge of people with mental disabilities, whatever their age, will be curators provisional goods from them, by the only Ministry of law, provided that the following requirements are met" (: 1) that are under permanent care. It is understood that the requirement is satisfied: a) when there is dependence on food, economic and educational, day and night, and b) when this unit is partial, i.e., by day, provided this has been carried out continuously and uninterrupted, for two years at least.

(2) that are devoid of curator or are not subject to parental authority.

(3) the natural person called to serve as provisional conservator or, where appropriate, the legal representatives of the legal person, are not affected by any of the disabilities to exercise guardianship or curatorship referred to in paragraph 1 of the title XXX of the first book of the Civil Code.
If the circumstances mentioned in the preceding paragraph constaren in the national disability register, just to prove the temporary conservatorship against third parties the certificate issued by the Civil Registry and identification service.
The temporary conservatorship will last while they remain under the unit and care of persons listed in the aforementioned register and not designated them curator in accordance with the rules of the Civil Code.
To exercise this curatorship is not necessary discernment, or pay bail, or make inventory. These curators will enjoy privilege of poverty in judicial and extrajudicial proceedings engaged in relation to this curatorship and not receive any payment for their management.
The provisions of the Civil Code on the rights and obligations of the curators shall apply in all that is compatible with the curatorship pointing this article. "."

(18) Reemplazanse in article 19 "mental deficiency" expressions "mental disability";
"deep mentally deficient" by "people with profound mental disabilities"; "mentally deficient" by "persons with mental disabilities", and "the mental deficient"by "to the person with mental disabilities".".