Oklahoma § 10-1408 - Definitions

§ 10-1408. Definitions

A. "Individual with intellectual disability" as used in

Sections 1406 through 1424 of this title means a person who has

significantly subaverage functioning, intelligence quotient of less

Oklahoma Statutes - Title 10. Children

than seventy (70), manifested before the age of eighteen (18) and

existing concurrently with related limitations in two or more of the

following applicable adaptive skill areas:

1. Communication;

2. Self-care;

3. Home living;

4. Social skills;

5. Use of community resources;

6. Self-direction;

7. Health and safety;

8. Functional academics;

9. Leisure; and

10. Work.

B. "Resident" as used in Sections 1406 through 1424 of this

title shall mean a person admitted to and in residence in any of the

institutions named in Section 1406 of this title, or on a vacation

or extended vacation status from such institution.

C. "Developmental disability" as used in Sections 1406 through

1424 of this title means a severe, chronic disability of a person

which:

1. Is attributable to a mental or physical impairment or

combination of mental and physical impairments, such as intellectual

developmental disorder, cerebral palsy, or autism;

2. Is manifested before the person attains twenty-two (22)

years of age;

3. Is likely to continue indefinitely;

4. Results in substantial functional limitations in three or

more of the following areas of major life activity:

a.

self-care,

b.

receptive and expressive language,

c.

learning,

d.

mobility,

e.

self-direction,

f.

capacity for independent living, and

g.

economic self-sufficiency; and

5. Reflects the person's need for a combination and sequence of

special, interdisciplinary, or generic care, treatment, or other

services which are of lifelong or extended duration and are

individually planned and coordinated. The term developmental

disability shall not include mentally ill persons, as those persons

are defined by Section 1-103 of Title 43A of the Oklahoma Statutes,

whose sole disability is mental illness.

D. Nothing in subsection C of this section shall be construed

to render persons who are receiving services upon September 1, 1991,

through programs and services for individuals with intellectual

disabilities offered by the Department of Human Services as

ineligible for such services. The Department of Human Services may

Oklahoma Statutes - Title 10. Children

provide, within the limitations of funds and other resources

available for such purpose, programs and services for persons with

developmental disabilities who are not presently served by the

Department of Human Services.

Added by Laws 1963, c. 37, § 2, eff. July 1, 1963. Renumbered from

§ 302 of Title 56 by Laws 1982, c. 312, § 48, emerg. eff. May 28,

1982. Amended by Laws 1983, c. 128, § 2, operative July 1, 1983;

Laws 1991, c. 210, § 1, eff. Sept. 1, 1991; Laws 2004, c. 106, § 1,

eff. April 1, 2005; Laws 2019, c. 475, § 1, eff. Nov. 1, 2019.