For purposes of eligibility for support and services:

A. "developmental disability" means a severe chronic disability of a person that:

(1) is attributable to a mental or physical impairment, including the result from trauma to the brain, or combination of mental and physical impairments;

(2) is manifested before the person reaches the age of twenty-two years;

(3) is expected to continue indefinitely;

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

(a) self-care;

(b) receptive and expressive language;

(c) learning;

(d) mobility;

(e) self-direction;

(f) capacity for independent living; and

(g) economic self-sufficiency; and

(5) reflects the person's need for a combination and sequence of special, interdisciplinary or generic care treatment or other support and services that are of life-long or extended duration and are individually planned and coordinated;

B. are children, birth through two years of age, who are at risk for or have developmental delays as defined by the department. These children are eligible for early intervention services; or

C. is a person who is eligible for services based on any previous definition of developmental disability used by the state and is receiving services on the effective date of the Developmental Disabilities Act. However, children birth through age two who were determined to be a risk for or have developmental delays are eligible for early intervention services only, unless meeting the criteria set forth in Subsection A of this section.

History: Laws 1993, ch. 50, § 6.

Compiler's notes. — Subsections B and C are set out above as they appear in the printed act.

The phrase "effective date of the Developmental Disabilities Act", means June 18, 1993, the effective date of Laws 1993, Chapter 50.

Am. Jur. 2d, A.L.R. and C.J.S. references. — What constitutes substantial limitation on major life activity of working for purposes of Americans with Disabilities Act (42 USCS § 12101-12213), 141 A.L.R. Fed. 603.