KRS § 347.020 — KY Code / Title XXVII / Chapter 347 / Section 347.020
347.020 Definitions
Status: in_force

347.020 Definitions.

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

(1) "Active treatment" means provision of services as specified in an individualized

service plan. These services may include but are not limited to activities,

experiences, and therapy which are part of a professionally developed and

supervised program of health, social, habilitative, and developmental services;

(2) "Case management services" means all such services to persons with developmental

disabilities as will assist them in gaining access to needed social, medical, legal,

educational, and other services, and such term includes:

(a) Follow-along services which assure, through a continuing relationship

between an agency or provider and a person with a developmental disability

and the person's parent, if the person is a minor, or guardian, if the person has

been adjudicated legally disabled, that the changing needs of the person and

the family are recognized and appropriately met; and

(b) Coordinated services which provide to persons with developmental

disabilities support, access to, and coordination of other services, information

on programs and services and monitoring of the person's progress;

(3) "Habilitation" means the process described in the individualized service plan by

which a person is assisted to acquire and maintain physical, mental, and social skills

which will enable him to live most efficiently and effectively in the least restrictive

individually appropriate environment;

(4) "Individualized service plan (ISP)" means a written plan of service based on an

interdisciplinary approach which is revised as needed but no less than annually. The

plan shall be developed by the interdisciplinary team and shall contain a statement

of:

(a) The nature of the specific mental, physical, social, and developmental needs

of the person;

(b) The specific services to be provided under this chapter, those services being

provided under other state and federal laws, and a schedule for the provision

of said services; and

(c) The least restrictive individually appropriate environment for the provision of

services and active treatment;

(5) "Individually appropriate" means responsive to the needs of the person as

determined through interdisciplinary assessment and provided pursuant to an

individualized service plan;

(6) "Interdisciplinary team (IDT)" means those persons who work most directly with

the individual in each of the professions, disciplines, and service areas that provide

active treatment, services, and evaluations for the person, including the persons set

forth in KRS 347.030(6). Prior to relocation to a more individually appropriate

placement in accordance with his individualized service plan, the IDT shall include

staff representing the current placement and staff representing the proposed

placement;

(7) "Least restrictive environment" means the individually appropriate residence and

service delivery setting, including the entire array of residential alternatives as

defined by this chapter, in which the person can function most effectively and

independently, gaining, to the maximum extent possible, control over his

environment, and shall be based solely on his needs as identified in his

individualized service plan. This definition shall not be construed to abolish any

existing residential or institutional alternatives as defined by this chapter;

(8) "Monitor" means to conduct a systematic, coordinated, objective, qualitative review

of services by a body independent of the agencies providing services under this

chapter. This body shall include persons with developmental disabilities, parents,

guardians, and professionals;

(9) "Person with a developmental disability" means a person with a long-term disability

which:

(a) Is attributable to a developmental or physical impairment or combination of

developmental and physical impairments, including pervasive developmental

disorders;

(b) Is likely to continue indefinitely;

(c) Results in substantial functional limitations in at least three (3) of the

following areas of major life activity: self-care, receptive and expressive

language, learning, mobility, self-direction, capacity for independent living,

and economic self-sufficiency;

(d) Requires special, generic, or interdisciplinary care and active treatment and

services of extended duration; and

(e) Is manifested before the person attains age twenty-two (22);

(10) "Representative" means any individual who can advise and advocate for a person

with developmental disabilities and who shall serve at the request and pleasure of

such person; provided, however, if the person with developmental disabilities is a

minor or is legally disabled and has not requested a representative, the parent or

guardian may request a representative to assist on behalf of a person with

developmental disabilities;

(11) "Residence" or "residential alternative" means the living space occupied by the

person with a developmental disability, including single-person homes, natural

family homes, institutional facilities, and all other types of living arrangements; and

(12) "Services" means such residential, developmental, vocational, support and related

services, training, and active treatment in the least restrictive, individually

appropriate environment to provide for continuing development of independent or

interdependent living skills of persons with developmental disabilities. These

services include but are not restricted to diagnostic services; child development

services; respite care; domestic assistance; consumer-directed attendant care;

habilitation and rehabilitation, including behavioral therapies; speech, physical, and

occupational therapy; recreational therapy and activities; training for parents,

guardians, and care providers as requested by said persons; transportation;

equipment; development of language and communication skills; interpreters; family

counseling, and case management.