Definitions

Definition of Developmental Disability

(12a)   "Developmental disability" means a severe, chronic disability of a person which:

a. Is attributable to a mental or physical impairment or combination of mental and physical impairments;

b. Is manifested before the person attains age 22, unless the disability is caused by a traumatic head injury and is manifested after age 22;

c. Is likely to continue indefinitely;

d. Results in substantial functional limitations in three or ore of the following areas of major life activity: self-care, receptive and expressive language, capacity for independent living, learning, mobility, self-direction and economic self-sufficiency; and

e.  Reflects the person's need for a combination and sequence of special interdisciplinary, or generic care, treatment, or other services which are of a lifelong or extended duration and are individually planned and coordinated; or

f. When applied to children from birth through four years of age, may be evidenced as a developmental delay.

 

(22)  "Mental retardation" means significantly sub-average general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested before age 22.

(23)  "Mentally retarded with accompanying behavior disorder" means an individual who is mentally retarded and who has a pattern of maladaptive behavior that is recognizable no later than adolescence and is characterized by gross outbursts of rage or physical aggression against other individuals or property.

 

Diversion Law Information

NCAC 122C-261(f)

Senate Bill 859, also known as the Diversion Law, prohibits the admission of an individual with mental retardation, or a reasonable suspicion of such, to any of the North Carolina State Psychiatric hospitals unless the individual meets specific criteria. For a complete reference, please refer to NCAC 122C-261(f).

A brief summary of these criteria is listed below.

1) Not Guilty By Reason of Insanity.
2) Has committed a violent offense and has been deemed by the court as Incapable of Proceeding to Trial.
3) Extremely dangerous to others.
4) Has multiple disorders and is either medically fragile or Deaf.

 

Updated October 9, 2007