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Mental Retardation and
Other Developmental Disabilities:

Effective:
October
1, 1993, (revised: November
15, 1995)
Background:
Consistent with L. 1995, Chap. 234
(Substitute for H.B. 2458) persons who are mentally
retarded
or otherwise developmentally disabled are those
whose
condition presents an extreme variation in
capabilities from the general population which
manifests itself in the developmental years
resulting in a need
for life long interdisciplinary services.
The following identifies those who, among all
persons with disabilities,
are the most disabled as
defined below:
Mental Retardation
means substantial
limitations in present functioning that is manifested during
the period
from birth to age 18 years and is
characterized by significantly sub-average intellectual
functioning existing
concurrently with deficits
in adaptive behavior including related limitations
in two or more of the following
applicable adaptive skill areas:
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Communication
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Self-care
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Home living
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Social skills
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Community use |
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Self-direction
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Health and safety
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Functional academics
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Leisure
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Work |
Other Developmental Disability
means a condition
such as autism, cerebral palsy, epilepsy, or other
similar physical or mental impairment (or
a condition which has received a dual diagnosis of Mental
Retardation and Mental Illness) and is
evidenced by a severe, chronic disability which meets
all of the
following criteria:
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1.
It is
attributable to a mental or physical impairment or a
combination of mental and physical
impairments, AND
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2.
It is manifest before the age of 22,
AND
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3.
It is likely to continue
indefinitely,
AND
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4.
It results in substantial
functional limitations in any three or more of the following
areas of life
functioning: |
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a. Self-Care
b. Understanding &
use of language
c. Learning and
adapting
d. Mobility
e. Self-direction in
setting goals & undertaking activities to accomplish goals
f. Living
Independently
g.
Economic self-sufficiency,
AND
To further
clarify substantial functional limitations refer to the
Eligibility Determination Instrument in
Mental Health and
Retardation Services, Division of MR/DD
Services,
Case Management Handbook.
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5.
It reflects a
need for a combination and sequence of special,
interdisciplinary or generic
care,
treatment or other services which
are lifelong, or extended in duration and are
individually planned
and
coordinated,
AND
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6. Does not
include individuals who are solely severely emotionally
disturbed or seriously and persistently mentally ill or have
disabilities solely as a result of infirmities of aging. |
For
Children under the age of six,
developmental
disability means a severe, chronic disability that
meets
all of the following criteria:
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1.
It is
attributable to a mental or physical impairment or a
combination of mental and physical
impairments,
AND
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2. It is
likely to continue indefinitely,
AND
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3.
It results in at
least three developmental delays as measured by qualified
professionals using
appropriate diagnostic instruments or
procedures,
AND
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4.
It reflects a need for a combination and sequence of
special, interdisciplinary, or generic care,
treatment, or
other services which are lifelong or extended in duration
and are individually planned
and coordinated,
AND
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5.
This does not
include individuals who are solely severely emotionally
disturbed or seriously and
persistently mentally ill. |
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