§ 3-1001. Creation; definitions; purpose

MD Cts & Jud Pro Code § 3-1001 (2019) (N/A)
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(a)    There shall be provided protection and advocacy services to persons with developmental disabilities.

(b)    The term “developmental disabilities” shall mean a severe, chronic disability of a person which:

(1)    Is attributable to a mental or physical impairment or combination of mental and physical impairments;

(2)    Is manifested before the person attains age 22;

(3)    Is likely to continue indefinitely;

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

(i)    Self-care;

(ii)    Receptive and expressive language;

(iii)    Learning;

(iv)    Mobility;

(v)    Self-direction;

(vi)    Capacity for independent living; and

(vii)    Economic self-sufficiency; and

(5)    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.

(c)    The term “protection and advocacy services” includes the pursuit of legal, administrative, and other appropriate remedies to protect the rights of persons with developmental disabilities.

(d)    Protection and advocacy services shall be provided by an entity or entities, which may include private, nonprofit corporations, with the authority to pursue legal, administrative, and other appropriate remedies to insure the protection of the rights of persons with developmental disabilities who are receiving treatment, services, or habilitation within this State.

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