§ 9302 - Definitions - Vermont Statutes

§ 9302. Definitions

As used in this chapter:

(1) "Person with developmental disabilities" means:

(A) a person with a severe, chronic disability that must arise before the person reaches the age of 18, and results in:

(i) mental retardation, autism, or pervasive developmental disorder; and

(ii) deficits in adaptive behavior at least two standard deviations below the mean for a normative comparative comparison group; or

(B) a person with a developmental disability who was receiving services on July 1, 1996.

(2) "Commissioner" means the commissioner of disabilities, aging, and independent living.

(3) "Near relative" means a spouse, parent, step-parent, brother, sister or grandparent.

(4) "Interested person" means a responsible adult who has a direct interest in a person with developmental disabilities and includes, but is not limited to, the person with developmental disabilities, a near relative, guardian, public official, social worker or clergyman.

(5) "Person in need of guardianship" means a person who:

(A) has developmental disabilities within the meaning of this chapter;

(B) is unable to personally exercise some or all of the powers and responsibilities described in section 9310 of this title; and

(C) is not receiving the active assistance of a responsible adult to carry out the powers and responsibilities described in section 9310 of this title.

(6) "Guardianship" means the legal status of a person with developmental disabilities who is subject to the commissioner's exercise of some or all of the powers listed in section 9310 of this title.

(7) [Deleted.]

(8) "Qualified developmental disabilities professional" means a psychologist, physician, registered nurse, educator or social worker with specialized training or at least one year of experience in working with people with developmental disabilities.

(9) "Respondent" means a person who is the subject of a petition filed pursuant to section 9305 of this title.

(10) "Department" means the department of disabilities, aging, and independent living. (Added 1977, No. 192 (Adj. Sess.), § 1; amended 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 174 (Adj. Sess.), § 3; 2001, No. 43, § 1; 2005, No. 174 (Adj. Sess.), § 49.)