2006 Louisiana Laws - RS 28:751 — Definitions

§751.  Definitions

For purposes of this Chapter:

(1)  "Council" means Louisiana Developmental Disabilities Council.

(2)  "Developmental disability" means:

(a)  A severe, chronic disability of a person which:

(i)  Is attributable to a mental or physical impairment or combination of mental and physical impairments.

(ii)  Is manifested before the person attains age twenty-two.

(iii)  Is likely to continue indefinitely.

(iv)  Results in substantial functional limitations in three or more of the following areas of major life activity:

(aa)  Self-care.

(bb)  Receptive and expressive language.

(cc)  Learning.

(dd)  Mobility.

(ee)  Self-direction.

(ff)  Capacity for independent living.

(gg)  Economic sufficiency.

(v)  Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services which are of lifelong or extended duration and are individually planned and coordinated.

(b)  A substantial developmental delay or specific congenital or acquired condition, in an individual from birth to age nine, inclusive, which, without services and support, has a high probability of resulting in those criteria in Subparagraph (a) of this Paragraph later in life may be considered to be a developmental disability.

(3)  "Family support" means services designed to:

(a)  Strengthen the family's role as primary caregivers.

(b)  Prevent inappropriate out-of-home placement and maintain family unity.

(c)  Reunite families with members who have been placed out of the home.  Such term includes respite care, personal care, parent training and counseling, support for elderly parents, and other individualized services.

(4)  "Inclusion", as used with respect to individuals with developmental disabilities, means the acceptance and encouragement of the presence and participation of individuals with developmental disabilities, by individuals without disabilities, in social, educational, work, and community activities, that enables individuals with developmental disabilities to:

(a)  Have friendships and relationships with individuals and families of their own choice.

(b)  Live in homes close to community resources, with regular contact with individuals without disabilities in their communities.

(c)  Enjoy full access to and active participation in the same community activities and types of employment as individuals without disabilities.

(d)  Take full advantage of their integration into the same community resources as individuals without disabilities, living, learning, working, and enjoying life in regular contact with individuals without disabilities.

(5)  "Independence" means the extent to which persons with developmental disabilities exert control and choice over their own lives.

(6)  "Integration", when used with respect to individuals with developmental disabilities, means exercising the equal right of individuals with developmental disabilities to access and use the same community resources as are used by and available to other individuals.

(7)  "Productivity" means:

(a)  Engagement in income-producing work by a person with developmental disabilities which is measured through improvements in income level, employment status, or job advancement.

(b)  Engagement by a person with developmental disabilities in work which contributes to a household or community.

(8)  "Self-determination activities" means activities that result in individuals with developmental disabilities with appropriate assistance having:

(a)  The ability and opportunity to communicate and make personal decisions.

(b)  The ability and opportunity to communicate choices and exercise control over the type and intensity of services, support, and other assistance the individuals receive.

(c)  The authority to control resources to obtain needed services, support, and other assistance.

(d)  Opportunities to participate in, and contribute to, their communities.

(e)  Support, including financial support, to advocate for themselves and others, to develop leadership skills through training in self-advocacy, to participate in coalitions, to educate policymakers, and to play a role in the development of public policies that affect individuals with developmental disabilities.

Added by Acts 1982, No. 528, §1.  Acts 1989, No. 515, §1, eff. July 1, 1989; Acts 2001, No. 638, §1, eff. June 22, 2001.

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