Download as PDF
347.020 Definitions.
As used in this chapter, unless the context requires otherwise:
(1) "Active treatment" means provision of services as specified in an individualized
service plan. These services may include but are not limited to activities,
experiences, and therapy which are part of a professionally developed and
supervised program of health, social, habilitative, and developmental services;
(2) "Case management services" means all such services to persons with
developmental disabilities as will assist them in gaining access to needed
social, medical, legal, educational, and other services, and such term includes:
(a) Follow-along services which assure, through a continuing relationship
between an agency or provider and a person with a developmental
disability and the person's parent, if the person is a minor, or guardian, if
the person has been adjudicated legally disabled, that the changing
needs of the person and the family are recognized and appropriately met;
and
(b) Coordinated services which provide to persons with developmental
disabilities support, access to, and coordination of other services,
information on programs and services and monitoring of the person's
progress;
(3) "Habilitation" means the process described in the individualized service plan by
which a person is assisted to acquire and maintain physical, mental, and social
skills which will enable him to live most efficiently and effectively in the least
restrictive individually appropriate environment;
(4) "Individualized service plan (ISP)" means a written plan of service based on an
interdisciplinary approach which is revised as needed but no less than
annually. The plan shall be developed by the interdisciplinary team and shall
contain a statement of:
(a) The nature of the specific mental, physical, social, and developmental
needs of the person;
(b) The specific services to be provided under this chapter, those services
being provided under other state and federal laws, and a schedule for the
provision of said services; and
(c) The least restrictive individually appropriate environment for the provision
of services and active treatment;
(5) "Individually appropriate" means responsive to the needs of the person as
determined through interdisciplinary assessment and provided pursuant to an
individualized service plan;
(6) "Interdisciplinary team (IDT)" means those persons who work most directly with
the individual in each of the professions, disciplines, and service areas that
provide active treatment, services, and evaluations for the person, including the
persons set forth in KRS 347.030(6). Prior to relocation to a more individually
appropriate placement in accordance with his individualized service plan, the
IDT shall include staff representing the current placement and staff
representing the proposed placement;
(7) "Least restrictive environment" means the individually appropriate residence
and service delivery setting, including the entire array of residential alternatives
as defined by this chapter, in which the person can function most effectively
and independently, gaining, to the maximum extent possible, control over his
environment, and shall be based solely on his needs as identified in his
individualized service plan. This definition shall not be construed to abolish any
existing residential or institutional alternatives as defined by this chapter;
(8) "Monitor" means to conduct a systematic, coordinated, objective, qualitative
review of services by a body independent of the agencies providing services
under this chapter. This body shall include persons with developmental
disabilities, parents, guardians, and professionals;
(9) "Person with a developmental disability" means a person with a long-term
disability which:
(a) Is attributable to a developmental or physical impairment or combination
of developmental and physical impairments, including pervasive
developmental disorders;
(b) Is likely to continue indefinitely;
(c) Results in substantial functional limitations in at least three (3) of the
following areas of major life activity: self-care, receptive and expressive
language, learning, mobility, self-direction, capacity for independent living,
and economic self-sufficiency;
(d) Requires special, generic, or interdisciplinary care and active treatment
and services of extended duration; and
(e) Is manifested before the person attains age twenty-two (22);
(10) "Representative" means any individual who can advise and advocate for a
person with developmental disabilities and who shall serve at the request and
pleasure of such person; provided, however, if the person with developmental
disabilities is a minor or is legally disabled and has not requested a
representative, the parent or guardian may request a representative to assist
on behalf of a person with developmental disabilities;
(11) "Residence" or "residential alternative" means the living space occupied by the
person with a developmental disability, including single-person homes, natural
family homes, institutional facilities, and all other types of living arrangements;
and
(12) "Services" means such residential, developmental, vocational, support and
related services, training, and active treatment in the least restrictive,
individually appropriate environment to provide for continuing development of
independent or interdependent living skills of persons with developmental
disabilities. These services include but are not restricted to diagnostic services;
child development services; respite care; domestic assistance;
consumer-directed attendant care; habilitation and rehabilitation, including
behavioral therapies; speech, physical, and occupational therapy; recreational
therapy and activities; training for parents, guardians, and care providers as
requested by said persons; transportation; equipment; development of
language and communication skills; interpreters; family counseling, and case
management.
Effective:July 15, 2002
History: Amended 2002 Ky. Acts ch. 162, sec. 4, effective July 15, 2002. -Created 1986 Ky. Acts ch. 469, sec. 2, effective July 15, 1986.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.