General Laws

Section 1. The following words as used in this chapter shall, unless the context otherwise requires, have the following meanings:

“Commissioner”, the commissioner of developmental services.

“Department”, the department of developmental services.

“Dependent funds”, those funds which a resident is unable to manage or spend himself as determined by the periodic review.

“Facility”, a public or private facility for the care and treatment of persons with an intellectual disability.

“Fiduciary”, any guardian, conservator, trustee, representative payee as appointed by a federal agency, or other person who receives or maintains funds on behalf of another.

“Funds”, all cash, checks, negotiable instruments or other income or liquid personal property, and governmental and private pensions and payments, including payments pursuant to a Social Security Administration program.

“Independent funds”, those funds which a resident is able to manage or spend himself as determined by the periodic review.

“Person with an intellectual disability”, a person who, as a result of inadequately developed or impaired intelligence, as determined by clinical authorities as described in the regulations of the department, is substantially limited in the person’s ability to learn or adapt, as judged by established standards available for the evaluation of a person’s ability to function in the community; provided, however, that a person with an intellectual disability may be considered mentally ill; provided further, that no person with an intellectual disability shall be considered mentally ill solely by virtue of the person’s intellectual disability.

“Restraint”, bodily physical force, mechanical devices, chemicals, confinement in a place of seclusion other than the placement of a resident in his room for the night, or any other means which unreasonably limit freedom of movement.

“Superintendent”, the superintendent or other head of a public or private facility.