1. (1) Communication.

   1. (i) Moderate deficit. The individual has some expressive and/or receptive communication skills but needs staff assistance and/or training to communicate self-care needs.
   2. (ii) Severe deficit. The individual has no expressive and/or receptive communication skills.

2. (2) Independent living.

   1. (i) Moderate deficit. The individual needs assistance and/or training to perform those tasks which would enable him or her to be a participating member of the household (e.g., using the telephone, using cooking equipment, using laundry equipment). That is, the individual demonstrates limited age-appropriate ability to live without extraordinary assistance from other persons, especially to maintain normal societal roles.
   2. (ii) Severe deficit. The individual is not capable of self-preservation and/or is completely dependent on others for all household activities.

3. (3) Learning.

   1. (i) Moderate deficit. The individual evidences an IQ of 50 to 69 on an individually administered, standardized test of intellectual functioning which has been administered by or under the supervision of a qualified psychologist. This test shall have been administered within one year of admission for clients under 21 years of age; or for individuals over 21 years of age, the person's reading and computational skills are at the third grade level or below as documented by a standardized instrument.
   2. (ii) Severe deficit. The individual evidences an IQ of less than 50 or is untestable (as certified by a qualified psychologist) on an individually administered standardized instrument assessing cognitive functioning or demonstrates no preacademic skills; or, for individuals over 21 years of age, the person's reading and computational skills are at the first grade level or below as documented by a standardized instrument.

4. (4) Mobility.

   1. (i) Moderate deficit. The individual has some mobility skills (e.g., achieves limited independence of movement with wheelchair or supportive devices) but needs staff assistance and/or training to move about.
   2. (ii) Severe deficit. The individual is nonambulatory and totally dependent on others for moving from one place to another.

5. (5) Self direction.

   1. (i) Moderate deficit. The individual demonstrates a lack of internal control and direction in his or her interpersonal or individual behavior, as evidenced by monthly or more frequent exhibition of any of the following inappropriate behaviors requiring individualized programming: The individual needs assistance and/or training while attending to activities related to managing personal affairs within the general community (e.g., handling personal finances, using neighborhood stores for shopping and other community resources).

      1. (a) resists supervision;
      2. (b) temper tantrums;
      3. (c) verbally abusive to others;
      4. (d) wandering, roaming or running away;
      5. (e) inappropriately handles/plays with body wastes;
      6. (f) eats nonfood substances;
      7. (g) ritualistic or perseverative behaviors which interfere with social relationships; or
      8. (h) other behavior inappropriate to social situations; or

   2. (ii) Severe deficit. The individual demonstrates a lack of internal control and direction in his or her interpersonal or individual behavior as evidenced by weekly or more frequent exhibition of the following inappropriate behaviors requiring individualized programming:

      1. (a) actively resists supervision;
      2. (b) temper tantrums;
      3. (c) verbally abusive to others;
      4. (d) wandering, roaming or running away;
      5. (e) inappropriately handles/plays with body wastes;
      6. (f) eats nonfood substances;
      7. (g) ritualistic or perseverative behaviors which interfere with social relationships; or

      8. (h) other behavior inappropriate to social situations; or

         the individual is completely dependent on others for management of his or personal affairs within the general community.

         (b) Certified capacity.

         The maximum number of beds available for the placement of the OPWDD individuals receiving services and for use by individuals with developmental disabilities for respite purposes, as indicated on the operating certificate issued by the commissioner. In determining certified capacity, the commissioner takes into consideration all other persons residing in the home in relation to utilization and availability of space and accommodations. Any change in the total number of persons residing in the home may affect the certified capacity.

         (c) Commissioner.

         The commissioner of the New York State Office for People with Developmental Disabilities, or his or her designee.

         (d) Disability, developmental.

         A developmental disability as defined in section 1.03(22) of the Mental Hygiene Law.

         (e) Family care home.

         The combination of a private residence and an individual or individuals certified by OPWDD, pursuant to and in accordance with the provisions of article 16 of the Mental Hygiene Law and this Part, to provide care for persons with developmental disabilities.

         (f) Family care program.

         A residential program using certified family care homes to provide care for individuals in a family-oriented setting.

         (g) OPWDD.

         The Office for People With Developmental Disabilities, which is the administrative and regulatory agency responsible for the design, authorization, development, operation and/or certification of services, programs and facilities providing care and treatment to residents of New York State with developmental disabilities.

         (h) Operating certificate.

         A written document conveying to the public the authorization by the commissioner for a family care provider to operate a family care home.

         (i) Personal allowance account.

         The account maintained by the family care provider for management of the individual's personal allowance, and which details an individual's personal funds by accounting for deposits, withdrawals and interest accruals relative to those funds.

(a) Adaptive behavior.

Results of an assessment based on a standardized instrument as appropriate to the area being assessed which indicate the individual evidences one or more of the following characteristics: