§ 50-06.5-01 — Definitions

North Dakota § 50-06.5-01

• Jurisdiction: North Dakota
• Title 50: Public Welfare
• Ch. 50-06.5: Independent Living Centers and Services

Text

As used in this chapter, unless the context otherwise requires:
1. "Center for independent living" means a consumer-controlled, community-based,
cross-disability, nonresidential, private, nonprofit agency that is designed and operated
within a local community by individuals with a disability, which can provide an array of
independent living services and complies with the standards and assurances in
accordance with section 796f-4 of the federal Rehabilitation Act of 1973, as amended
[Pub. L. 93-112; 29 U.S.C. 701 et seq.].
2. "Consumer control" means power and authority vested in individuals with a disability
and, when applied to a center for independent living, means more than fifty percent of
the principal governing board and management staff are individuals with a disability.
3. "Council" means the statewide independent living council.
4. "Designated state entity" means the vocational rehabilitation division of the department
of health and human services as defined in the state plan for independent living.
5. "Director" means the director of the designated state entity.
6. "Independent living core services" means information and referral services;
independent living skills training; peer counseling, including cross-disability peer
counseling; individual and systems advocacy; services that facilitate the transition of
an individual with a significant disability from a nursing home and other institutions to a
home and community-based residence, with the requisite supports and services; to
provide assistance to an individual with a significant disability who is at risk of entering
an institution so the individual may remain in the community; and to facilitate the
transition of youth who are individuals with a significant disability, who were eligible for
an individualized education program and who have completed their postsecondary
education or otherwise left school, to postsecondary life or have reached the age of
eighteen and are still receiving services in accordance with an individualized education
program and have not completed their postsecondary education.
7. "Independent living services" includes independent living core services and other
services as described in section 705 of the federal Rehabilitation Act of 1973, as
amended [Pub. L. 93-112; 29 U.S.C. 701 et seq.].
8. "Individual with a disability" means an individual with a physical or mental impairment
that substantially limits one or more of the major life activities of such individual, with a
record of impairment, or who is regarded as having such an impairment.
9. "Individual with a significant disability" means an individual with a severe physical or
mental impairment whose ability to function independently in the family or community
or whose ability to obtain, maintain, or advance in employment is substantially limited
and for whom the delivery of independent living services will improve the ability to
function, continue functioning, or move toward functioning independently in the family
or community or to continue in employment, respectively.