N.M. Admin. Code § 8.371.6.7

Current through Register Vol. 35, No. 23, December 10, 2024

Section 8.371.6.7 - DEFINITIONS

A."Adult" means an individual who has attained the age of 18 years.

B."Community agency" means any nonprofit or for profit corporation, tribal organization, unit of local government, or other organization which has entered into a contract with the authority for the purpose of providing developmental disabilities services.

C."Community living setting" refers, for the purpose of these regulations, to a community living situation supervised by a community agency, which:

(1) provides living arrangements for persons with a developmental disability; and

(2) is located in the community. Such facilities may include licensed group homes, foster homes, family living situations, supported living situations, companion homes, semi-independent living and assisted living residences or similar residences or innovative residential settings. When personal care and respite services are the sole services provided to the individual, these services are not included under the definition for "community living setting" as long as they are provided in the individual's or family's personal home which is not under the direct auspices or control of the community agency.

D."Consent screening instrument" means the instruments or procedures for determining an adult's ability to give informed consent to a residential placement as the authority will designate.

E."Court" means a New Mexico state district court.

F."Developmental disability" means a severe chronic disability of a person which is attributable to a mental or physical impairment, including the result of trauma to the brain, or combination of mental and physical impairments; is manifested before the person attains age 22; is likely to continue indefinitely; results in substantial functional limitations in three or more of the following areas of major life activity:

(1) self-care;

(2) receptive or expressive language;

(3) learning;

(4) mobility;

(5) self direction;

(6) capacity for independent living;

(7) economic self-sufficiency; and

(8) reflects the person's need for a combination and sequence of special interdisciplinary or generic care treatment or other services that are of life-long or extended duration and which are individually planned and coordinated.

G."Developmental delay" is defined as a discrepancy between chronological age, after correction for prematurity, and developmental age in one or more of the following areas of development: cognitive, communication, physical/ motor (including vision and hearing), social/emotional, or adaptive.

(1) Eligibility: To be eligible for services, a child must demonstrate twenty-five percent or more discrepancy between chronological age, after correction for prematurity, and developmental age.

The extent of the child's delay must be documented. A determination of developmental delay shall not be based upon behavior related to cultural or language differences.

(2) Determination of developmental status: The determination of developmental status of the child in each of the developmental areas must be established through an interdisciplinary evaluation process which meets the criteria defined in Section 31 of "Policies, Procedures and Guidelines for the Family, Infant, Toddler Program (FIT)". The procedures may include informed clinical opinion, norm-referenced/ standardized measures, criterion-referenced/curriculum-based instruments, behavior checklists and adaptive behavior measures.

H."Established condition" is defined as a diagnosed physical, mental or neurobiological condition which has a high probability of resulting in developmental delay. A delay in development may or may not be exhibited at the time of the diagnosis. Examples of an "established condition" include, but are not limited to: down's syndrome, and other chromosomal abnormalities associated with delays in development; congenital and postnatal conditions associated with delays in developmental, such as sensory impairments (including vision and hearing), inborn errors of metabolism, myelomeningocele, cerebral palsy, fetal alcohol syndrome, non-febrile seizures, malignancy of the brain or spinal cord, acquired immune deficiency syndrome (AIDS), hydrocephaly, and infections such as cytomegalovirus (CMV), herpes or encephalitis; neurobiological conditions such as autism or other pervasive developmental disorders.

(1) Eligibility: The determination of the presence of an established condition is identified by a physician or other primary health care provider. The diagnosis of the condition(s) establishes eligibility.

I. A "Biological or medical risk for developmental delay" is the presence of early medical conditions which are known to produce developmental delays in some children. Examples of "biological or medical risk" include, but are not limited to, the following medical conditions: preterm birth of less than 32 weeks gestation; very low birth weight (less than 1500 grams or three pounds, four ounces); periventricular intraventricular hemorrhage (PIVH); periventricular leukomalacia (PVL); hypoxic ischemic encephalopathy (birth asphyxia); chronic lung disease (CLD) of prematurity or bronchopulmonary dysplasia (BPD); prenatal exposure to drugs or medications or other teratogens known to be associated with developmental delays; failure to thrive; chronic otitis media.

(1) Eligibility: The determination of the presence of biological/medical risk condition(s) is identified by a physician or other primary health care provider (PHCP). The diagnosis of the condition(s) establishes eligibility.

J. An "Environmental risk for developmental delay" is the presence of physical, social or economic factors in the environment which pose a substantial threat to development. Examples of "environmental risk" are usually a combination of more than one factor which may include, but are not limited to: Parental developmental disabilities or psychiatric disorders; parental substance abuse; child abuse or neglect; homelessness; exposure to domestic or other episodes of violence.

(1) Eligibility: The determination of the presence of eligible environmental risk factors must be established by a multi-agency team.

K."Guardian" means for purposes of these regulations a guardian, limited guardian or guardian ad litem as defined in Section 451-21 NMSA 1978 or as may be subsequently amended.

L."Person" or "person served" means individuals with "developmental disabilities", "developmental delay", "established condition" or "at risk for developmental delay (biological/ medical risk or environmental risk)" as defined within these regulations, currently receiving or waiting to receive services.

N.M. Admin. Code § 8.371.6.7

Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024