§ 25-01.2-01 — Definitions

North Dakota § 25-01.2-01

• Jurisdiction: North Dakota
• Title 25: Mental and Physical Illness or Disability
• Ch. 25-01.2: Developmental Disability

Text

In this chapter, unless the context or subject matter otherwise requires:
1. "Applicant" means an entity that has requested licensure from the department.
2. "Department" means the department of health and human services.
3. "Developmental disability" means a severe, chronic disability of an individual which:
a. Is attributable to a mental or physical impairment or combination of mental and
physical impairments, including Down syndrome and fetal alcohol spectrum
disorders, including fetal alcohol syndrome, partial fetal alcohol syndrome, and
alcohol-related neurodevelopmental disorder;
b. Is manifested before the individual attains age twenty-two;
c. Is likely to continue indefinitely;
d. Results in substantial functional limitations in three 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 sufficiency; and
e. Reflects the individual's needs 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.
4. "Individualized setting" means a setting where an individual owns or rents the
individual's residence and a public or private agency or organization provides services
to an individual with a developmental disability.
5. "Institution or facility" means any school, hospital, residence center, group home, or
any other setting operated by any public or private agency or organization, that
provides services to an individual with a developmental disability.
6. "Least restrictive appropriate setting" means that setting that allows an individual with
a developmental disability to develop and realize the individual's fullest potential and
enhances the individual's ability to cope with the individual's environment without
unnecessarily curtailing fundamental personal liberties.
7. "License" means authorization by the department to provide services to individuals
with developmental disabilities, pursuant to chapter 25-16.
8. "Service or services to an individual with a developmental disability" means services
provided by any public or private agency or organization, directed toward the
alleviation of a developmental disability or toward the social, personal, physical, or
economic habilitation or rehabilitation of an individual with a developmental disability.