1. A. For purposes of eligibility for support and services, "developmental disability" means a severe chronic disability of a person, which disability:

   1. (1) is attributable to a mental or physical impairment, including the result from trauma to the brain, or combination of mental and physical impairments;
   2. (2) is manifested before the person reaches the age of twenty-two years;
   3. (3) is expected to continue indefinitely;

   4. (4) results in substantial functional limitations in three or more of the following areas of major life activity:

      1. (a) self-care;
      2. (b) receptive and expressive language;
      3. (c) learning;
      4. (d) mobility;
      5. (e) self-direction;
      6. (f) capacity for independent living; and
      7. (g) economic self-sufficiency; and
   5. (5) reflects the person's need for a combination and sequence of special, interdisciplinary or generic care treatment or other support and services that are of lifelong or extended duration and are individually planned and coordinated.
2. B. A child, from birth through two years of age, who is at risk for or who has a developmental delay as defined by rules of the early childhood education and care department is eligible for early intervention services.
3. C. A person who is eligible for developmental disability supports and services based on any previous definition of developmental disability used by the state and was receiving services on June 15, 1993 shall remain eligible for developmental disability supports and services. However, a child, from birth through age two, who is determined to be at risk for or who has a developmental delay shall be eligible for early intervention services only, unless the child meets the criteria set forth in Subsection A of this section.

History: Laws 1993, ch. 50, § 6; 2021, ch. 61, § 6; 2022, ch. 30, § 8.

ANNOTATIONS

The 2022 amendment, effective July 1, 2022, clarified the early childhood education and care department's responsibilities with regard to infants, toddlers and children with developmental delays; and in Subsection B, after "by rules of the", added "early childhood education and care".

The 2021 amendment, effective June 18, 2021, clarified certain language related to eligibility for support and services; in Subsection A, after "chronic disability of", deleted "a person that" and added "an individual, which disability"; in Subsection B, deleted "are children" and added "A child, from"; and in Subsection C, deleted "is a person" and added "An individual", after "who is eligible for", added "developmental disability supports and", and after "receiving services on", deleted "the effective date of the Developmental Disabilities Act" and added "June 15, 1993 shall remain eligible for developmental disability supports and services".

Am. Jur. 2d, A.L.R. and C.J.S. references. — What constitutes substantial limitation on major life activity of working for purposes of Americans with Disabilities Act (42 USCS § 12101-12213), 141 A.L.R. Fed. 603.