2014 Idaho Statutes
Title 66 - STATE CHARITABLE INSTITUTIONS
Chapter 4 - TREATMENT AND CARE OF THE DEVELOPMENTALLY DISABLED
Section 66-402 - DEFINITIONS.
(1) "Adult" means an individual eighteen (18) years of age or older.
(2) "Artificial life-sustaining procedures" means any medical procedure or intervention which utilizes mechanical means to sustain or supplant a vital function. Artificial life-sustaining procedures shall not include the administration of medication, and it shall not include the performance of any medical procedure deemed necessary to alleviate pain, or any procedure which could be expected to result in the recovery or long-term survival of the patient and his restoration to consciousness.
(3) "Department" means the Idaho department of health and welfare.
(4) "Director" means the director of the department of health and welfare.
(5) "Developmental disability" means a chronic disability of a person which appears before the age of twenty-two (22) years of age and:
(6) "Emancipated minor" means an individual between fourteen (14) and eighteen (18) years of age who has been married or whose circumstances indicate that the parent-child relationship has been renounced.
(7) "Evaluation committee" means an interdisciplinary team of at least three (3) individuals designated by the director or his designee to evaluate an individual as required by the provisions of this chapter. Each committee must include a physician licensed to practice medicine in the state of Idaho, a licensed social worker and a clinical psychologist or such other individual who has a master's degree in psychology as designated by the department director. Each committee member must be specially qualified by training and experience in the diagnosis and treatment of persons with a developmental disability.
(8) "Facility" means the southwest Idaho treatment center, a nursing facility, an intermediate care facility, an intermediate care facility for people with intellectual disabilities, a licensed residential or assisted living facility, a group foster home, other organizations licensed to provide twenty-four (24) hour care, treatment and training to the developmentally disabled, a mental health center, or an adult and child development center.
(9) "Lacks capacity to make informed decisions" means the inability, by reason of developmental disability, to achieve a rudimentary understanding of the purpose, nature, and possible risks and benefits of a decision, after conscientious efforts at explanation, but shall not be evidenced by improvident decisions within the discretion allowed nondevelopmentally disabled individuals.
(10) "Likely to injure himself or others" means:
(11) "Manage financial resources" means the actions necessary to obtain, administer and dispose of real, personal, intangible or business property, benefits and/or income.
(12) "Meet essential requirements for physical health or safety" means the actions necessary to provide health care, food, clothing, shelter, personal hygiene and/or other care without which serious physical injury or illness would occur.
(13) "Minor" means an individual seventeen (17) years of age or less.
(14) "Protection and advocacy system" means the agency designated by the governor of the state of Idaho to provide advocacy services for people with disabilities pursuant to 42 U.S.C. section 6042.
(15) "Respondent" means the individual subject to judicial proceedings authorized by the provisions of this chapter.
History:
[66-402, added 1982, ch. 59, sec. 7, p. 97; am. 1989, ch. 193, sec. 16, p. 487; am. 1999, ch. 293, sec. 1, p. 733; am. 2000, ch. 274, sec. 151, p. 888; am. 2006, ch. 284, sec. 1, p. 872; am. 2010, ch. 235, sec. 58, p. 598; am. 2011, ch. 102, sec. 8, p. 264.]
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