Guam § 41302 - Definitions.

§ 41302. Definitions.

(a) Active Services means provision of services as specified in

an individualized service plan. These services may include, but not

limited to, activities, experiences and therapy which are part of a

professionally developed and supervised program of health, social,

habilitative and developmental services.

(b) Case Management means services to persons with

disabilities that assist in gaining access to need social, medical ,

legal, educational and other services, and includes:

(1) Follow along services which assure, through a

continuing relationship between an agency or provider and a

person with a disability and the individual's parent, if the

individual is a minor, or guardian, if a guardian has been

appointed for the purpose, that the changing needs of the

individual and the family are recognized and appropriately

met.

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(2) Coordinating and monitoring services provided to

persons with disabilities by two (2) or more persons,

organizations or agencies that are qualified or eligible under

other case management programs.

(3) Providing information to persons with disabilities

about availability of services and assisting the persons in

obtaining the services.

(c) Division means the Division of Support Services for

Individuals with Disabilities (DSSID).

(d) Individual with a Disability means any individual who:

(1) Has a physical or mental impairment

(A) that substantially limits one or more of the

major life activities of such individual;

(B) a record of such an impairment; or

(C) being regarded as having such an impairment.

(e) Administrator means the Administrator of Division of

Support Services for Individuals with Disabilities (DSSID) who

shall be an ex-officio, non-voting member of the Division of

Support Services for Individuals with Disabilities Council

(DSSID). The Administrator must have at least a bachelors degree

in Special Education or Social Work or related subjects and at least

four (4) years of experience in community services dealing with

persons with disabilities, of which two (2) years shall be

administrative. The position shall be of the classified service of the

government of Guam. The position Classification Standard and

Compensation shall be established by the Director of

Administration.

(f) Habilitation means the process by which the staff of an

agency assists an individual to cope more effectively with the

demands of his or her own person and environment and to raise the

level of his or her physical, mental and social functioning.

Habilitation includes, but is not limited to, programs of formal

structured education and treatment.

(g) Individualized service plan means the written plan for

required in Section 41305.

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(h) Individually appropriate means responsive to the needs of

the individual, as determined through interdisciplinary assessment

and provided pursuant to an individualized service plan.

(i) Interdisciplinary team means a group of persons that is

drawn from o represents those professions, disciplines or service

areas that are relevant to identifying an individual's needs and

designing a program to meet them, and is responsible for evaluating

the individual's needs, developing an individual program plan to

meet them, periodically reviewing the individual's response to the

plan, and revising the plan accordingly. A complete team includes

the individual receiving the service, unless clearly unable to

participate; the individual's family, unless their participation has

been determined to be inappropriate; those persons who work most

directly with the individual each of the professions, disciplines or

service areas that provide service to the individual, including

direct-care or direct-contact staff; and any other persons whose

participation is relevant to identifying the needs of the individual

and devising ways to meet them.

(j) Least restrictive means the least intrusive and least

disruptive intervention into the life of an individual with a

disability that represents the least departure from normal patterns of

living that can be effective in meeting the person's developmental

needs.

(k) Inclusive environment means that environment that

represents the least departure from normal patterns of living that

can be effective in meeting the individual's needs.

(l) Monitor means to conduct a systematic, coordinated,

objective, qualitative review of services provided by any person,

agency or organization.

(m) Representative means any individual who can advise and

advocate for an individual with disabilities, who shall serve at the

request and pleasure of such person; provided, that if the person

with disabilities is a minor or is legally incapacitated.

(n) Residence or residential means the living space occupied

by the individual with a disability, including single-person homes,

natural family homes, care homes, group homes, foster homes,

institutional facilities and all other types of living arrangements.

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(o) Services means appropriate assistance provided to an

individual with a disability, individually appropriate environment

to provide for basic living arrangements and continuing

development of independence or interdependent living skills of the

person. These services include, but are not restricted to: case

management, medical, education, assistive technology, advocacy,

residential, developmental and vocational support; training; active

services; day treatment; day activity; respite care; domestic

assistance; attendant care; rehabilitation; speech, physical

occupational and recreational therapy; recreational opportunities;

counseling, including counseling to the person's family, guardian or

other appropriate representative; development of language and

communications skills; interpretation; transportation and

equipment, and other related services.

(p) Respite Care means in-home or out-of-home temporary,

non-medical support for families with individuals with disabilities,