§ 44-20-30 — Definitions.

As used in this chapter: (1) "Applicant" means a person who is believed to have an intellectual disability, one or more related disabilities, one or more head injuries, one or more spinal cord injuries, or an infant at high risk of a developmental disability who has applied for services from the office. (2) "Client" means a person who is determined by the office to have an intellectual disability, a related disability, head injury, or spinal cord injury and is receiving services or is an infant at risk of having a developmental disability and is receiving services. (3) "County disabilities and special needs boards" means the local public body administering, planning, coordinating, or providing services within a county or combination of counties for persons with an intellectual disability, related disabilities, head injuries, or spinal cord injuries and recognized by the Department of Behavioral Health and Developmental Disabilities. (4) "Day programs" means programs provided to persons with an intellectual disability, related disabilities, head injuries, or spinal cord injuries outside of their residences affording development, training, employment, or recreational opportunities as prescribed by the office. (5) "Office" means the Office of Intellectual and Developmental Disabilities, a component of the Department of Behavioral Health and Developmental Disabilities. (6) "Office director" means the head of the Office of Intellectual and Developmental Disabilities appointed by the Director of the Department of Behavioral Health and Developmental Disabilities. (7) "Disabilities and special needs services" means activities designed to achieve the results specified in an individual client's plan. (8) "High risk infant" means a child less than thirty-six months of age whose genetic, medical, or environmental history is predictive of a substantially greater risk for a developmental disability than that for the general population. (9) "Least restrictive environment" means the surrounding circumstances that provide as little intrusion and disruption from the normal pattern of living as possible. (10) "Improvements" means the construction, reconstruction of buildings, and other permanent improvements for regional centers and other programs provided by the Department of Behavioral Health and Developmental Disabilities directly or through contract with county boards of disabilities and special needs, including equipment and the cost of acquiring and improving lands for equipment. (11) "Intellectual disability" means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period. (12) "Obligations" means the obligations in the form of notes or bonds or contractual agreements issued or entered into by the Department of Behavioral Health and Developmental Disabilities pursuant to the authorization of this chapter and of Act 1377 of 1968 to provide funds with which to repay the proceeds of capital improvement bonds allocated by the State Fiscal Accountability Authority. (13) "Regional residential center" means a twenty-four-hour residential facility serving a multicounty area and designated by the Department of Behavioral Health and Developmental Disabilities. (14) "Related disability" is a severe, chronic condition found to be closely related to an intellectual disability or to require treatment similar to that required for persons with an intellectual disability and must meet the following conditions: (a) it is attributable to cerebral palsy, epilepsy, autism, or any other condition other than mental illness found to be closely related to an intellectual disability because this condition results in impairment of general intellectual functioning or adaptive behavior similar to that of persons with an intellectual disability and requires treatment or services similar to those required for these persons; (b) it is manifested before twenty-two years of age; (c) it is likely to continue indefinitely; and (d) it results in substantial functional limitations in three or more of the following areas of major life activity: self-care, understanding and use of language, learning, mobility, self-direction, and capacity for independent living. (15) "Residential programs" means services providing dwelling places to clients for an extended period of time with assistance for activities of daily living ranging from constant to intermittent supervision as required by the individual client's needs. (16) "Revenues" or "its revenues" means revenue derived from paying clients at regional residential centers and community residences but does not include Medicaid, Medicare, or other federal funds received with the stipulation that they be used to provide services to clients. (17) "State capital improvement bonds" means bonds issued pursuant to Act 1377 of 1968.

Legislative History

HISTORY: 1990 Act No. 496, SECTION 1; 1993 Act No. 181, SECTION 1078; 2011 Act No. 47, SECTION 2, eff June 7, 2011; 2025 Act No. 3 (S.2), SECTION 4, eff April 28, 2025. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18. Effect of Amendment 2025 Act No. 3, SECTION 4, thrice substituted "office" for "[South Carolina] Department of Disabilities and Special Needs" throughout the section; deleted the definitions for "Commission", "Department", and "Director", relating to the South Carolina Department of Disabilities and Special Needs; inserted the definitions for "Office" and "Office Director", relating to the Office of Intellectual and Developmental Disabilities; and made other nonsubstantive and conforming changes. ARTICLE 3 Organization and System for Delivery of Services