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What is a developmental disability?

Under Act 97-421, a developmental disability is a severe, chronic disability that is:

  1. Attributable to a mental or physical impairment, or a combination of both.
  2. Manifested before the 22nd birthday, except in the case of traumatic brain injury in which age is not a factor.
  3. Likely to continue indefinitely, and
  4. Results in a substantial functional limitation in 3 or more of the following major life activities
    a.  Capacity for independent living
    b.  Economic self-sufficiency
    c.  Learning
    d.  Mobility
    e.  Receptive and expressive language
    f.   Self care
    g.  Self-direction
  5. Reflects a need for lifelong and/or extended services and treatment

Many times, legibility can be easily determined. In fact, most applicants for supports will have an existing diagnosis from a school, another program, a doctor's office or other health care facility. There will be times, though, when the Council will have to make a decision about legibility. When this happens, the Council will gather as much information as needed to make an informed decision, and use the definition above to make the determination. Remember, the disability must be so severe as to cause a substantial, functional limitation in at least three of the seven major life activities. Sometimes a person may have mild mental retardation, for example, and still not have a developmental disability. It helps to simply go through the list of requirements on the application and answer yes or no.


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