South Carolina § 43-33-340 - Definitions.

§ 43-33-340. Definitions.

As used in this article, unless the context requires otherwise:

(1) "System" means Protection and Advocacy for People with Disabilities, Inc.

(2) "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 twenty-two;

(c) is likely to continue indefinitely;

(d) results in substantial functional limitations in three or more of the following areas of major life activity: (i) self-care, (ii) receptive and expressive language, (iii) learning, (iv) mobility, (v) self-direction, (vi) capacity for independent living, and (vii) economic sufficiency;

(e) reflects the person's need for a combination and sequence of special, interdisciplinary or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated.

(3) "Person with a developmental disability" means a person who has a developmental disability and who receives or is entitled to receive a combination and sequence of special, interdisciplinary or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated within the State.

(4) "Person with a disability" means a person defined by Section 2-7-35.

(5) "Complaint" means an oral or written allegation by a person with a developmental or other disability, the parent or legal guardian of such person, a state agency or any other responsible person to the effect that the person with a developmental or other disability is being subjected to injury or deprivation with regard to his health, safety, welfare, rights or level of care.

(6) "Abuse" means the definition defined by Section 43-30-20.

(7) "Threatened abuse" means the definition defined by Section 43-30-20.

(8) "Ombudsman" means the office provided for pursuant to Section 43-38-10, et seq.

HISTORY: 1979 Act No. 48, SECTION 4; 1980 Act No. 465; 1993 Act No. 110, SECTION 7, eff three months after June 11, 1993; 2017 Act No. 52 (S.325), SECTION 3, eff May 19, 2017.

Editor's Note

2017 Act No. 52, SECTIONS 10 to 12, provide as follows:

"SECTION 10. The Governor shall take all actions necessary pursuant to 29 U.S.C. Section 732 to designate Protection and Advocacy for People with Disabilities, Inc., formerly known as the South Carolina Protection and Advocacy System for the Handicapped, Inc., as the South Carolina administrator of the Client Assistance Program.

"SECTION 11. Authorized appropriations and the assets and liabilities of the Client Assistance Program are transferred to and become part of Protection and Advocacy for People with Disabilities, Inc., formerly known as the South Carolina Protection and Advocacy System for the Handicapped, Inc.

"SECTION 12. This act takes effect upon approval by the Governor. Protection and Advocacy for People with Disabilities, Inc., formerly known as the South Carolina Protection and Advocacy System for the Handicapped, Inc., shall administer the Client Assistance Program upon the completion of all necessary filings with the federal government."

Effect of Amendment

2017 Act No. 52, SECTION 3, in (1), substituted "Protection and Advocacy for People with Disabilities, Inc." for "the South Carolina Protection and Advocacy System for the Handicapped, Inc."; in (2)(e), substituted "services, individualized supports, or other forms of assistance that" for "care, treatment or other services which"; in (3), substituted "Person with a developmental disability" for "Developmentally disabled person" and "a combination and sequence of special, interdisciplinary or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated" for "treatment. services or habilitation"; in (4), substituted "Person with a disability" for "Handicapped person"; in (5), substituted "person with a developmental or other disability" for "developmentally disabled or handicapped person" twice; and made nonsubstantive changes.