The Developmental Disabilities Act requires that Protection and Advocacy for Developmental Disabilities (PADD) clients meet the definition of developmental disabilities. For infants and young children through age five, developmental disabilities means individuals who have substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in developmental disabilities if services are not provided.

For a person five (5) years of age or older, a developmental disability is a severe, chronic disability that:

1. is attributable to a mental or physical impairment or combination of mental and physical impairments;
2. is manifested before the person attains the age twenty-two (22);
3. is likely to continue indefinitely;
4. reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services which are of life-long or extended duration and are individually planned and coordinated; and
5. results in substantial functional limitations in three or more of the following areas of major life activity:
   • Self-Care -- A substantial functional limitation in self-care is a long-term condition which requires significant assistance to look after personal needs such as food, hygiene, and appearance. Significant assistance may be defined as assistance at least one-half of the time for an activity or a need for some assistance in more than one-half of all activities normally required for self-care.
   • Receptive and Expressive Language -- A substantial functional limitation in receptive and expressive language is a long-term condition which prevents effective communication with another person without the aid of a third person or with a mechanical device, or a long-term condition which prevents articulation of thoughts.
   • Learning -- A substantial functional limitation in learning is a long-term condition which seriously interferes with cognitive, visual, or aural communication, or use of hands, etc. to the extent that special intervention or special programs are required to aid in learning.
   • Mobility -- A substantial functional limitation in mobility is a long-term condition which impairs the ability to use fine and/or gross motor skills to the extent that assistance of another person and/or a mechanical device is needed in order to move from place to place.
   • Self-Direction -- A substantial functional limitation in self-direction is a long-term condition which requires assistance in being able to make independent decisions concerning social and individual activities and/or handling personal finances and/or protecting self-interest.
   • Capacity for Independent Living -- A substantial functional limitation in capacity for independent living is a long-term condition that limits the performance of normal societal roles or which makes it unsafe to live alone to such an extent that assistance, supervision, or presence of a second person is required more than half the time.
   • Economic Self-Sufficiency -- A substantial functional limitation in economic self-sufficiency is a long-term condition which prevents working in regular employment or which limits productive capacity to such an extent that it is insufficient for self-support.
     

In determining whether or not an individual's disability results in substantial functional limitations in three or more areas of the seven major life activities, staff need to request information about the actual functional limitations the individual experiences because of the disability. In most cases, knowledge of the name of the disabling condition is insufficient to determine whether or not the individual has a developmental disability. For example, an individual reports that a potential client has spina bifida. Staff will need to inquire about any resulting mobility impairment, self care needs, independent living abilities, etc. Read and apply the explanation above of how to apply each of the seven functional limitations.

In determining whether or not an individual has a developmental disability, we will apply the criteria to the person at the time they apply for DRNC services. Some individuals may have met the definition when they were younger, but currently do not. For example, an individual who was fully blind from birth may have been developmentally disabled at age ten (10) because they met the criteria in 1, 2, 3, 4, (see above) and had substantial functional limitations in learning, mobility, self-care, and capacity for independent living. However, since that time he has received significant education and training, and may no longer have the same functional limitations. If he is employed long-term when he applies for our services and is mobile with a cane or a dog, he may only have a substantial functional limitation in the area of mobility, and thus would not be considered to have a developmental disability. If, on the other hand, the individual has not been able to secure gainful employment and is unable to support himself, or is unable to live independently, he would have substantial functional limitations in the areas of mobility, capacity for independent living, economic self-sufficiency, and possibly self-direction.

If a person is diagnosed before age 22 as having a condition that is generally rapidly progressive to the point that three or more of the seven functional limitations would be met in the near future, we will consider her to have a developmental disability even if the condition has not yet advanced to the point where such severe symptoms are currently manifested. Examples include HIV/AIDS, cancer (that is not in remission), leukemia, multiple sclerosis, etc.

For children between ages six (6) and 18, staff should project the disability into adulthood in order to evaluate the limitation on the following major life activities: self-direction, capacity of independent living, and economic self-sufficiency. If most adults that have a disability similar to the child's disability would meet the criteria for having a substantial limitation in an area, the child should be considered as having a substantial limitation in that area.

A mental illness or learning disability can be a developmental disability if all five parts (1, 2, 3, 4, and 5) of the definition are met, including that the individual experiences substantial functional limitations in three or more of the seven areas of major life activity and that the disability reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services which are of life-long or extended duration and are individually planned and coordinated.

Some applicants have severe disabilities that are controlled at least partially by medications. We should consider that the need for medications meets criteria 4, the need for extended care, treatment, or services that is individually planned and coordinated.

Determine whether the disability results in substantial functional limitations by measuring the person as they function without medications, related services, assistive aids or devices. Thus a person with epilepsy should be evaluated based on the condition without control by medications; a person with a hearing impairment without the assistance of hearing aids or interpreters; a person with mental illness without medications; a person who uses crutches without those aids, etc.

The definition only requires that the developmental disability manifest (reveal its presence, become evident) itself before age 22. The condition may not be diagnosed until later, but if it manifests before age 22 and the other criteria are met, the individual has a developmental disability.

A condition that is considered terminal would be considered to be likely to continue indefinitely.