33-5-105 - Factors in assessing eligibility for service and support under this chapter.

33-5-105. Factors in assessing eligibility for service and support under this chapter.

A person is eligible for service and support under this chapter on the basis of mental retardation only if the assessment that the person has mental retardation takes into account:

     (1)  Cultural and linguistic diversity as well as differences in communication and behavioral factors;

     (2)  Whether the person's limitations in adaptive skills occur in the context of community environments typical of the person's age peers and is indexed to the person's individualized needs for supports;

     (3)  Specific adaptive limitations often coexist with strengths in other adaptive skills or other personal capabilities; and

     (4)  With appropriate supports over a sustained period, the life functioning of a person with mental retardation will generally improve.

[Acts 2000, ch. 947, § 1.]