Section 1 Definitions - Massachusetts Statutes

Section 1. The following words as used in this chapter shall, unless the context otherwise requires, have the following meanings:

[Definitions of “Commissioner” and “Department” effective until June 30, 2009. For text effective June 30, 2009, see below.]

“Commissioner”, the commissioner of mental retardation.

“Department”, the department of mental retardation.

[Definitions of “Commissioner” and “Department” as amended by 2008, 451, Sec. 85 effective June 30, 2009. See 2008, 451, Sec. 187. For text effective until June 30, 2009, see above.]

“Commissioner”, the commissioner of developmental services.

“Department”, the department of developmental services.

“Dependent funds”, those funds which a resident is unable to manage or spend himself as determined by the periodic review.

“Facility”, a public or private facility for the care and treatment of mentally retarded persons.

“Fiduciary”, any guardian, conservator, trustee, representative payee as appointed by a federal agency, or other person who receives or maintains funds on behalf of another.

“Funds”, all cash, checks, negotiable instruments or other income or liquid personal property, and governmental and private pensions and payments, including payments pursuant to a Social Security Administration program.

“Independent funds”, those funds which a resident is able to manage or spend himself as determined by the periodic review.

“Mentally retarded person”, a person who, as a result of inadequately developed or impaired intelligence, as determined by clinical authorities as described in the regulations of the department is substantially limited in his ability to learn or adapt, as judged by established standards available for the evaluation of a person’s ability to function in the community.

A mentally retarded person may be considered mentally ill provided that no mentally retarded person shall be considered mentally ill solely by virtue of his mental retardation.

“Restraint”, bodily physical force, mechanical devices, chemicals, confinement in a place of seclusion other than the placement of a resident in his room for the night, or any other means which unreasonably limit freedom of movement.

“Superintendent”, the superintendent or other head of a public or private facility.