DEPARTMENT OF HEALTH AND SOCIAL SERVICES
Division of Mental Retardation
PUBLIC NOTICE
DMR Eligibility Criteria
In compliance with the State’s Administrative Procedures Act (APA – Title 29, Chapter 101 of the Delaware Code) and with 42CFR §447.205, and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 505, the Delaware Department of Health and Social Services (DHSS)/Division of Mental Retardation is amending its eligibility.
Comments, written suggestions, compilations of data, testimony, briefs or other written materials concerning this change must be received by mail no later than June 1, 2000, at the DMR Administrative Office, Jesse Cooper Building, Federal Street, Dover, DE 19903, attention Susan Morrison Smith. Materials filed thereafter will not be considered except where good cause for lateness is demonstrated. Copies of all written submissions filed with the Division of Mental Retardation office will be available for public inspection in the DMR Administrative Office at the address given above. Please call (302) 739-4386, for an appointment if you wish to review the materials. Individuals with disabilities who wish to participate in these proceedings, or review the materials submitted, should contact the Division to discuss auxiliary aids or services needed to facilitate such review or participation. Such contact may be in person, in writing or by telephone by using the Telecommunications Relay Service, or otherwise.
REVISION:
“Mental retardation refers to substantial limitations in present functioning. It is characterized by significantly subaverage intellectual functioning, existing concurrently with related limitations in two or more of the following applicable adaptive skill areas: communication, self-care, home living, social skills, community use, self direction, health and safety, functional academics, leisure, and work. Mental retardation manifests before age 18.”
The Division of Mental Retardation provides services to those individuals whose disability meets all of the following conditions:
(A)(i) is attributable to mental retardation (1992 AAMR definition) and/or (ii) Autism (DSM IV) and/or (iii) Prader Willi (documented medical diagnosis) and/or (iv) brain injury (individual meets all criteria of the 1992 AAMR definition including age manifestation) and /or (v) is attributable to a neurological condition closely related to mental retardation because such condition results in an impairment of general intellectual functioning and adaptive behavior similar to persons with mental retardation and requires treatment and services similar to those required for persons with impairments of general intellectual functioning;
(B) is manifested before age 22
(C) is expected to continue indefinitely;
(D) results in substantial functional limitations in 2 or more of the following 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; and
(E) reflects the need for lifelong and individually planned services.
Intellectual functioning and adaptive behavior is determined by using established standardized instruments approved by the Division.