2010 Arkansas Code
Title 20 - Public Health And Welfare
Subtitle 3 - Mental Health
Chapter 48 - Treatment of the Developmentally Disabled
Subchapter 6 - Location Act For Community Homes for Developmentally Disabled Persons
§ 20-48-603 - Definitions.

20-48-603. Definitions.

As used in this subchapter, unless the context otherwise requires:

(1) (A) "Developmental disability" means a disability of a person which:

(i) Is attributable to mental retardation, cerebral palsy, epilepsy, or autism;

(ii) Is attributable to any other condition of a person found to be closely related to mental retardation because it results in impairment of general intellectual functioning or adaptive behavior similar to those of mentally retarded persons or requires treatment and services similar to those required for the persons;

(iii) Is attributable to dyslexia resulting from mental retardation, cerebral palsy, epilepsy, or autism; and

(iv) Has continued or can be expected to continue indefinitely.

(B) "Development disability" does not refer to other forms of mental disease or defect not defined in this section;

(2) "Developmentally disabled person" means a person with a developmental disability as defined in this section;

(3) "Division" means the Division of Developmental Disabilities Services of the Department of Human Services or the staff of the division where the context so indicates;

(4) (A) "Family Home I" means a community-based residential home licensed by the division that provides room and board, personal care, habilitation services, and supervision in a single-family environment for not more than eight (8) developmentally disabled persons; and

(B) "Family Home II" means a community-based residential home licensed by the division that provides room and board, personal care, habilitation services, and supervision in a multi-family environment for more than eight (8), but fewer than sixteen (16), developmentally disabled persons;

(5) "Permitted use" means a use by right which is authorized in residential zoning districts; and

(6) "Political subdivision" means a county or municipal corporation and includes any boards, commissions, or councils governing land use on behalf of the political subdivision.