TITLE 39

HEALTH AND SAFETY

CHAPTER 46

IDAHO DEVELOPMENTAL DISABILITIES SERVICES AND FACILITIES ACT

39-4604.  Definitions. As used in this chapter:

(1)   "Comprehensive developmental disability system" means a system of services including, but not limited to, the following basic services with the intention of providing alternatives to institutionalization:

(a)  Evaluation services;

(b)  Diagnostic services;

(c)  Treatment services;

(d)  Individualized developmental programs;

(e)  Extended sheltered employment and work activities;

(f)  Recreation services;

(g)  Domiciliary care services;

(h)  Special living arrangement services;

(i)  Counseling services;

(j)  Information and referral services;

(k)  Follow-along services; and

(l)  Transportation services.

(2)  "Department" means the Idaho department of health and welfare.

(3)  "Developmental disabilities facility" means any service or group of services which provide care to the developmentally disabled on an inpatient, outpatient, residential, clinical or other programmatic basis, including sheltered workshops and adult and child development centers.

(4)   "Developmental disability" is:

(a)  Attributable to an impairment, such as intellectual disability, cerebral palsy, epilepsy, autism or other condition found to be closely related to or similar to one of these impairments that requires similar treatment or services or is attributable to dyslexia resulting from such impairments;

(b)  Has continued or can be expected to continue indefinitely; and

(c)  Constitutes a substantial limitation to such person’s ability to function normally in society.

(5)  "Habilitation" is the process of developing skills and abilities.

(6)  "Normalization" is the process of providing services which promote a life as much as possible like that of the rest of the community, including living in the community and access to community resources.

(7)  "Rehabilitation" is the process of improving skills or level of adjustment to increase the person’s ability to maintain satisfactory independent or dependent functioning.

(8)   "Substantial limitation" is:

(a)  A disability which results in substantial function limitation in three (3) or more of the following areas of major life activity:

(i)    Self-care;

(ii)   Receptive and expressive language;

(iii)  Learning;

(iv)   Mobility;

(v)    Self-direction;

(vi)   Capacity for independent living; or

(vii)  Economic self-sufficiency; and

(b)  Reflects the need for a combination and sequence of special, interdisciplinary, or generic care, treatment or other services which are:

(i)   Lifelong or extended duration, and

(ii)  Individually planned and coordinated.

History:

[39-4604, added 1978, ch. 270, sec. 1, p. 625; am. 2010, ch. 235, sec. 27, p. 565.]