TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 67

IDAHO STATE COUNCIL ON DEVELOPMENTAL DISABILITIES

67-6702.  Definitions. (1) "Advocacy" means to act in the interest of individuals with developmental disabilities in accordance with the purposes of this chapter.

(2)  "Assistive technology device" is any item, equipment or product system that is used to increase, maintain or improve functional capabilities of individuals with disabilities.

(3)  "Assistive technology service" is any service which directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device.

(4)  "Council" means the Idaho state council on developmental disabilities.

(5)  A "developmental disability" means a severe and chronic disability of an individual that:

(a)  Is attributable to a mental or physical impairment or combination of mental and physical impairments;

(b)  Is manifested before the individual attains age twenty-two (22) years;

(c)  Is likely to continue indefinitely;

(d)  Results in substantial functional limitations 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

(e)  Reflects the need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports or other forms of assistance which are:

(i)   Of lifelong or extended duration, and

(ii)  Individually planned and coordinated.

(6)  "Inclusion" means the acceptance and encouragement of the presence and participation of individuals with developmental disabilities, by individuals without disabilities, in social, educational, work and community activities, that enables individuals with developmental disabilities to:

(a)  Have friendships and relationships with individuals and families of their own choice;

(b)  Live in homes close to community resources;

(c)  Enjoy full access to and active participation in the same community activities and types of employment as individuals without disabilities;

(d)  Take full advantage of their integration in a manner that allows them to live, learn, work and enjoy life in regular contact with individuals without disabilities;

(e)  Enjoy full and equal access to appropriate assistive technology devices and services and to information and electronic technology.

(7)  "Individualized supports" means supports that:

(a)  Enable an individual with a developmental disability to exercise self-determination, be independent, be productive, and be integrated and included in all facets of community life;

(b)  Are designed to:

(i)   Enable such individual to control such individual’s environment, permitting the most independent life possible;

(ii)  Prevent placement into a more restrictive living arrangement than necessary;

(iii) Enable such individual to live, learn[,] work, and enjoy life in the community;

(c)  Include:

(i)    Early intervention services;

(ii)   Respite care;

(iii)  Personal assistance services;

(iv)   Family support services;

(v)    Supported employment services;

(vi)   Support services for families headed by aging caregivers of individuals with developmental disabilities;

(vii)  Provision of assistive technology devices and services; and

(viii) Transportation services.

(8)  "Integration" means exercising the equal right of individuals with developmental disabilities to access and use the same community resources as are used by and available to other individuals.

(9)  "Productivity" means:

(a)  Engagement in income-producing work that is measured by increased income, improved employment status, or job advancement; or

(b)  Engagement in work that contributes to a household or community.

(10) "Self-determination" means that individuals with developmental disabilities have, with appropriate assistance:

(a)  The ability and opportunity to communicate and make personal decisions;

(b)  The ability and opportunity to communicate choices and exercise control over the type and intensity of services, supports and other assistance the individuals receive;

(c)  The authority to control resources to obtain needed services, supports and other assistance;

(d)  Opportunities to participate in and contribute to their communities;

(e)  Financial and other support necessary to:

(i)   Advocate for themselves and others;

(ii)  Develop leadership skills, through training in self-advocacy;

(iii) Participate in coalitions;

(iv)  Educate policymakers; and

(v)   Play a role in the development of public policies that affect individuals with developmental disabilities.

History:

[67-6702, added 1978, ch. 269, sec. 1, p. 619; am. 2002, ch. 113, sec. 2, p. 318.]