§ 1 — Definitions

Section 1. The following words as used in this chapter shall, unless the context otherwise requires, have the following meanings:''Commissioner'', the commissioner of developmental services.''Department'', the department of developmental services.''Dependent funds'', those funds which a resident is unable to manage or spend himself as determined by the periodic review.''Facility'', a public or private facility for the care and treatment of persons with an intellectual disability.''Fiduciary'', any guardian, conservator, trustee, representative payee as appointed by a federal agency, or other person who receives or maintains funds on behalf of another.''Funds'', all cash, checks, negotiable instruments or other income or liquid personal property, and governmental and private pensions and payments, including payments pursuant to a Social Security Administration program.''Independent funds'', those funds which a resident is able to manage or spend himself as determined by the periodic review.''Person with a developmental disability'', (1) an individual 5 years of age or older with a severe, chronic disability that: (i) is attributable to a mental or physical impairment resulting from intellectual disability, autism, smith-magenis syndrome or Prader–Willi syndrome; (ii) is manifested before the individual attains age 22; (iii) is likely to continue indefinitely; (iv) results in substantial functional limitations in 3 or more of the following areas of major life activity: (1) self-care; (2) receptive and expressive language; (3) learning; (4) mobility; (5) self-direction; (6) capacity for independent living; and (7) economic self-sufficiency; and (v) reflects the individual's need for a combination and sequence of special, interdisciplinary or generic services, supports or other assistance that is of a lifelong or extended duration and is individually planned and coordinated; or (2) an individual under the age of 5 who has a substantial developmental delay or specific congenital or acquired condition with a high probability that the condition will result in a developmental disability if services are not provided. A person who has a developmental disability may be considered to be mentally ill; provided, however, that no person with a developmental disability shall be considered to be mentally ill solely by reason of the person's developmental disability.''Person with an intellectual disability'', a person who has an intellectual disability, characterized by significant limitations in both intellectual functioning and adaptive behavior as expressed in conceptual, social and practical adaptive skills and beginning before age 18, and consistent with the most recent definition provided by the American Association on Intellectual and Developmental Disabilities; provided, that in applying this definition the following shall be considered: (i) limitations in present functioning within the context of community environments typical of the individual's age, peers and culture; (ii) cultural and linguistic diversity and differences in communication, sensory, motor and behavioral factors; (iii) limitations often coexist with strengths within an individual; (iv) an important purpose of describing limitations is to develop a profile of needed supports; and (v) with appropriate personalized supports over a sustained period, the life functioning of a person with an intellectual disability will generally improve; and provided further, that a person who has an intellectual disability may be considered to be mentally ill; provided, however, that no person with an intellectual disability shall be considered to be mentally ill solely by reason of the person's intellectual disability.''Restraint'', bodily physical force, mechanical devices, chemicals, confinement in a place of seclusion other than the placement of a resident in his room for the night, or any other means which unreasonably limit freedom of movement.''Superintendent'', the superintendent or other head of a public or private facility.