§451.2. Definitions
As used in this Chapter, the following words, terms, and phrases shall have the
meaning ascribed to them in this Section, except when the context clearly indicates a
different meaning:
(1)"Administrative units" means developmental centers and any other unit
established under the administration and supervision of the office.
(2)"Appropriate" means all of the following:
(a)In accordance with standards of the Louisiana Department of Health and the
provisions of this Chapter.
(b)In the most integrated setting that adequately addresses the diverse support needs
of the person.
(c)In accordance with the person's support plan.
(3)"Assistant secretary" means the assistant secretary of the office for citizens with
developmental disabilities of the Louisiana Department of He
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§451.2. Definitions
As used in this Chapter, the following words, terms, and phrases shall have the
meaning ascribed to them in this Section, except when the context clearly indicates a
different meaning:
(1) "Administrative units" means developmental centers and any other unit
established under the administration and supervision of the office.
(2) "Appropriate" means all of the following:
(a) In accordance with standards of the Louisiana Department of Health and the
provisions of this Chapter.
(b) In the most integrated setting that adequately addresses the diverse support needs
of the person.
(c) In accordance with the person's support plan.
(3) "Assistant secretary" means the assistant secretary of the office for citizens with
developmental disabilities of the Louisiana Department of Health.
(4) "Community home" means a living option, certified, licensed, or monitored by
the Louisiana Department of Health, where six or fewer people with developmental
disabilities reside.
(5) "Dangerous to others" means the condition of a person whose behavior or
significant threats support a reasonable expectation that there is a substantial risk that he will
inflict physical harm upon another person in the near future.
(6) "Dangerous to self" means the condition of a person whose behavior, significant
threats, or inaction supports a reasonable expectation that there is a substantial risk that he
will inflict significant physical or severe emotional harm upon his own person; or the
inability of a person, independently or with the help of willing and responsible family
members or friends, to meet his own basic physical needs; or his inability to protect himself
from serious harm due to his inability to discern the dangers and hazards found in everyday
life.
(7) "Department" means the Louisiana Department of Health.
(8) "Determination" means determination of eligibility for entry into the system.
(9) "Developmental center" means an administrative unit of the office under its
administration, supervision, and control through which the office provides and develops
developmental disabilities services and system capacity building efforts. Developmental
centers are responsible for:
(a) Planning and providing living options and other developmental disabilities
services as determined by the office.
(b) Stimulating and supporting capacity building within the system through resource
centers, technical assistance, training, and other means as determined by the office.
(10) "Developmental disabilities services" means programs, services, and supports
for persons with developmental disabilities that include but are not limited to information
and referral services, support coordination services, system entry services, development of
the support profiles and plans, individual and family support services, living options,
habilitation services, and vocational services.
(11) "Developmental disability" means either:
(a) A severe, chronic disability of a person that:
(i) Is attributable to an intellectual or physical impairment or combination of
intellectual and physical impairments.
(ii) Is manifested before the person reaches age twenty-two.
(iii) Is likely to continue indefinitely.
(iv) Results in substantial functional limitations in three or more of the following
areas of major life activity:
(aa) Self-care.
(bb) Receptive and expressive language.
(cc) Learning.
(dd) Mobility.
(ee) Self-direction.
(ff) Capacity for independent living.
(gg) Economic self-sufficiency.
(v) Is not attributed solely to mental illness.
(vi) Reflects the person's need for a combination and sequence of special,
interdisciplinary, or generic care, treatment, or other services which are of lifelong or
extended duration and are individually planned and coordinated.
(b) A substantial developmental delay or specific congenital or acquired condition
in a person from birth through age nine which, without services and support, has a high
probability of resulting in those criteria in Subparagraph (a) of this Paragraph later in life that
may be considered to be a developmental disability.
(12) "Facility administrator" means the official appointed as the head of a state or
privately operated residential facility and includes anyone designated by the facility
administrator to act on behalf of the facility administrator.
(13) "Group home" means a living option, certified, licensed, or monitored by the
department, where seven to fifteen people with developmental disabilities reside.
(14) "Human services authority or district" means a special authority or district
provided for in Chapter 21 of this Title that has assigned powers, duties, and functions
regarding the delivery of mental health, developmental disabilities, and addictive disorders
services funded by appropriations from the state and provided through memoranda of
agreement with the program offices of the department. In addition to any other duties
prescribed in this Title, human services authorities and districts are responsible for all of the
following:
(a) Providing determination for entry into the system, development of the support
profile, and support coordination.
(b) Providing individual and family support services, living options, and other
developmental disabilities services directly or by contract or individual agreements as
determined by the office.
(15) "Interdisciplinary review" means a review by a team of professionals for the
purpose of determining the presence of a developmental disability as defined in this Chapter.
Professionals conducting this review must have knowledge of diagnoses and functional
limitations associated with developmental disabilities.
(16) "Interdisciplinary team" means a group that reviews information, data and input
from a person to make recommendations relevant to the needs of the person. The team
consists of the person, his legal representative if applicable, professionals of varied
disciplines who have knowledge relevant to the person's needs, and may include his family
members along with others the person has designated.
(17) "Living options" means a variety of service settings wherein people with
developmental disabilities live, including but not limited to extended family living, supported
living, community homes, group homes, and residential facilities.
(18) "Most integrated setting" is an environment that includes the full range of
service and support options that reflect the desires and goals of the person and that address
the needs of the person and which promotes the full participation in daily life and activities.
(19) "Office" or "OCDD" means the office for citizens with developmental
disabilities within the Louisiana Department of Health.
(20) "Person" means a person with a developmental disability. It is also understood
that it includes the legal representative of the person in instances where one has been
appointed to act on behalf of the person.
(21) "Plan coordinator" means the individual who is responsible for guiding the
support team in development of the support plan for the person with a disability. The plan
coordinator assures that the goals identified by the person are addressed in the support plan.
(22) "Provider" means a person, partnership, corporation, state agency, or other entity
that provides developmental disabilities services and receives either state or federal funds or
both.
(23) Repealed by Acts 2015, No. 20, §2, eff. May 29, 2015.
(24) "Residential facilities" means living options that are certified and licensed by
the department to provide residential services to sixteen or more persons.
(25) "Services" means developmental disability services.
(26) "Substantial functional limitations" means documented evidence of limitations
in present functioning considered within the context of community environments typical of
the age, peers, and culture of the person.
(27) "Support plan" means an individualized plan that coordinates supports and
services to assist the person in reaching his desired outcomes and reflects the vision, personal
preferences, life goals, and diverse formal and informal support needs of the person. The
plan is developed by the person and his support team. Persons with developmental
disabilities, family members and others chosen by the person or the family, and those legally
empowered to make decisions for the person, are the primary decision makers regarding
services and supports such persons receive, including the choice of available living options.
(28) "Support profile" means a summary of identified supports or services that
addresses the expressed needs and desires of the person and that is used in the development
of the support plan for that person. It is developed prior to the person receiving supports or
services.
(29) "Support team" means a team consisting of a person with a developmental
disability, his plan coordinator, and may include his family and others whom the person
chooses to assist him in developing a support plan.
(30) "System" means the developmental disabilities services system.