STATE OF KANSAS
DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES
MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

Consistent with L. 1995, Chap. 234 (Substitute for H.B. 2458) persons who are mentally retarded or otherwise developmentally disabled are those whose condition presents an extreme variation in capabilities from the general population which manifests itself in the developmental years resulting in a need for life long interdisciplinary services. The following identifies those who, among all persons with disabilities, are the most disabled, as defined below:

Mental Retardation means substantial limitations in present functioning that is manifested during the period from birth to age 18 years and is characterized by significantly sub-average intellectual functioning existing concurrently with deficits in adaptive behavior including related limitations in two or more of the following applicable adaptive skill areas:

1. Communication
2. Self-care
3. Home living
4. Social skills
5. Community use
6. Self-direction
7. Health and safety
8. Functional academics
9. Leisure
10. Work

Other developmental disability means a condition such as autism, cerebral palsy, epilepsy, or other similar physical or mental impairment (or a condition which has received a dual diagnosis of mental retardation and mental illness) and is evidenced by a severe, chronic disability which:

1. Is attributable to a mental or physical impairment or a combination of mental and physical impairments, AND
2. Is manifest before the age of 22, AND
3. Is likely to continue indefinitely, AND
4. Results in substantial functional limitations in any three or more of the following areas of life functioning:

1. self care,
2. understanding and the use of language,
3. learning and adapting,
4. mobility,
5. self-direction in setting goals and undertaking activities to accomplish those goals,
6. living independently,
7. economic self-sufficiency, AND

To further clarify substantial functional limitations refer to The Eligibility Determination Instrument (EDI) in Mental Health and Retardation Services, Division of MR/DD Services, Case Management Handbook.

5. Reflects a need for a combination and sequence of special, interdisciplinary or generic care, treatment or other services which are lifelong, or extended in duration and are individually planned and coordinated, AND
6. Does not include individuals who are solely severely emotionally disturbed or seriously and persistently mentally ill or have disabilities solely as a result of infirmities of aging.

For children under the age of six, developmental disability means a severe, chronic disability which:

1. Is attributable to a mental or physical impairment or a combination of mental and physical impairments, AND
2. Is likely to continue indefinitely, AND
3. Results in at least three developmental delays as measured by qualified professionals using appropriate diagnostic instruments or procedures, AND
4. Reflects a need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services which are lifelong or extended in duration and are individually planned and coordinated, AND
5. Does not include individuals who are solely severely emotionally disturbed or seriously and persistently mentally ill.

DEFINITIONS FOR TERMS USED IN MRDD 92-1:

Communication: Skills include the ability to comprehend and express information through spoken work, written word, graphic symbols, sign language or through facial expression, body movement, touch, and gesture.

Self-care: Skills involved in toileting, eating, dressing, hygiene, and grooming.

Home-living: Skills related to functioning within a home, including clothing care, housekeeping, food preparation and cooking, budgeting, and home safety.

Social: Skills related to social exchanges with others, including initiating, interacting, and terminating interactions, receiving and responding to pertinent situational cues, recognizing feelings, providing feedback, regulating one’s own behavior, making choices, sharing, controlling impulses, conforming conduct to laws, and displaying appropriate socio-sexual behavior.

Community use: Skills related to the appropriate use of community resources.

Self-direction: Skills related to making choices, leaning and following a schedule, initiating activities appropriate to the setting, conditions, schedule, and personal interests, completing necessary or required tasks, seeking assistance when needed, resolving problems, demonstrating appropriate self-advocacy skills.

Health and safety: Skills related to maintenance of one’s health in terms of eating, illness, treatment, and prevention.

Functional academics: Cognitive abilities and skills related to learning at school that have direct application in life. The focus is on acquisition of academic skills that are functional in terms of independent living.

Leisure: The development of leisure and recreational interests that reflect preferences and choices of the person.

Work: Skills related to performing a part or full-time job or jobs in the community in terms of specific job skills.

Severe, chronic disability: The person must meet ALL the conditions outlined in position #MRDD 92-1. This would imply extreme variation from the general population in capabilities as well as a condition of long duration that is likely to continue indefinitely.

Manifest before the age of 22: The condition is clearly apparent and obviously in place prior to a person’s 22^nd birthday.

Substantial functional limitations: Limitations should be considerably different from the general population regarding an individual’s ability to perform in the Areas of Life Functioning. If this is not obvious then the Eligibility Determination Instrument (EDI) should be administered. The general population presents a wide array of abilities. Those performing at the low end of the general population are not MR/DD.

Combination and sequence: More than one kind of service or support occurring simultaneously, with different service/support composites occurring in succession.

Lifelong: Without known end; with an expectation of lasting throughout a person’s life.

Individually planned and coordinated: Arranged for each person with explicit needs, goals, objectives, time frames, or procedures identified for that person and managed by a separate person or process which assures the services and supports are not conflicting or duplicative at any given time or over time.

Significantly sub-average intellectual functioning: A score of two standard deviations or more below the mean as measured by a generally accepted standardized individual measure of general intellectual functioning.