39-1803. Definitions. - Kansas Statutes

39-1803

Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE Article 18.--DEVELOPMENTAL DISABILITIES REFORM

      39-1803.   Definitions.As used in the developmental disabilities reform act:

      (a)   "Adaptive behavior" means the effectiveness or degree with which anindividual meets the standards of personal independence and socialresponsibility expected of that person's age, cultural group and community.

      (b)   "Affiliate" means an entity or personthat meets standards set out in rules and regulations adopted by the secretaryrelating to the provision of services and thatcontracts with a communitydevelopmental disabilities organization.

      (c)   "Community services" means services provided to meet the needs ofpersons with developmental disabilities relating to work, living in thecommunity, and individualized supports and services.

      (d)   "Community developmental disability organization" means any communitymental retardation facility that is organized pursuant to K.S.A. 19-4001through 19-4015 and amendmentsthereto.

      (e)   "Community service provider" means a community developmental disabilityorganization or affiliate thereof.

      (f)   "Developmental disability" means:

      (1)   Mental retardation; or

      (2)   a severe, chronic disability, which:

      (A)   Is attributable to a mental or physical impairment, a combination ofmental and physical impairments or a condition which hasreceived a dual diagnosis of mental retardation and mental illness;

      (B)   is manifest before 22 years of age;

      (C)   is likely to continue indefinitely;

      (D)   results, inthe case of a person five years ofage or older, in a substantial limitation in three or more of the followingareasof major life functioning: Self-care,receptive and expressive language development and use, learning and adapting,mobility,self-direction, capacity for independent living and economic self-sufficiency;

      (E)   reflects a need for a combination and sequence of specialinterdisciplinaryor generic care, treatment or other services which are lifelong, or extended induration and are individually planned and coordinated; and

      (F)   does not include individuals who are solely and severely emotionallydisturbedor seriously or persistently mentally ill or have disabilities solely as aresult of the infirmities of aging.

      (g)   "Institution" means state institution for the mentally retarded asdefined by subsection (c) of K.S.A. 76-12b01 and amendments thereto orintermediate care facility for the mentally retarded of nine beds or more asdefined by subsection (a) (4) of K.S.A. 39-923 and amendments thereto.

      (h)   "Mental retardation" means substantial limitations in presentfunctioning that is manifested during the period from birth to age 18 years andis characterized by significantly subaverage intellectual functioning existingconcurrently with deficits in adaptive behavior including related limitationsin two or more of the following applicable adaptive skill areas: Communication,self-care, home living, social skills, community use, self-direction, healthandsafety, functional academics, leisure and work.

      (i)   "Secretary" means the secretary of social and rehabilitation services.

      History:   L. 1995, ch. 234, § 3; Jan. 1, 1996.