Current through Register Vol. 49, No. 9, September, 2024
1.
Purpose. This policy has been prepared to set minimum
parameters for determining eligibility to receive services from Developmental
Disabilities Services (DDS).
2.
Scope. All individuals and their families applying for
services offered by DDS.
3.
Definitions. For purposes of this policy, Primary
Disability/Condition, Primary Diagnosis, and Other Disabilities are defined as
follows:
A. Primary Disability - That
condition which renders the most serious impairment and/or condition which has
the greatest impact on an individual's ability to function, as outlined in
Arkansas Statute Ann.
20-48-101.
B. Primary Diagnosis - A medical designation,
determined by a physician, usually denoting etiology of disabling
condition.
C. Other Disabilities -
Any condition(s) which accompanies the primary disability, and further hinders
the development of an individual.
4.
Eligibility
Criteria.
A. Diagnosis of
developmental disability under definition cited in Arkansas Code Ann. §
20-48-101.
1) Is attributable to intellectual
disability, cerebral palsy, spina bifida, Down syndrome, epilepsy or autism
spectrum disorder.
a. Intellectual Disability
- As established by scores of intelligence which fall two or more standard
deviations below the mean of a standardized test of intelligence administered
by a legally qualified professional; Infants/Preschool, 0-5 years -
developmental scales, administered by qualified personnel authorized in the
manual accompanying the instrument used, which indicate impairment of general
functioning similar to that of developmentally disabled persons;
b. Cerebral Palsy - As established by the
results of a medical examination provided by a licensed physician;
c. Spina bifida - As established by the
results of a medical examination provided by a licensed physician.
d. Down syndrome - As established by the
diagnosis of a licensed physician.
e. Epilepsy - As established by the results
of a neurological and/or licensed physician;
f. Autism Spectrum Disorder - As established
by the results of a team evaluation including at least a licensed physician and
a licensed psychologist and a licensed Speech Pathologist;
NOTE: Each of these four conditions is sufficient for
determination of eligibility independent of each other. This means that a
person who is intellectually disabled does not have to have a diagnosis of
autism spectrum disorder, epilepsy, spina bifida, down syndrome, or cerebral
palsy. Conversely, a person who has autism spectrum disorder, cerebral palsy,
epilepsy, spina bifida, or Down syndrome does not have to have an intellectual
disability to receive services.
2) Is attributable to any other condition of
a person found to be closely related to intellectual disability because it
results in impairment of general intellectual functioning or adaptive behavior
similar to those of persons with intellectual disability or requires treatment
and services similar to those required for such persons. This determination
must be based on the results of a team evaluation including at least a licensed
Physician and a licensed Psychologist.
a) In
the case of individuals being evaluated for service, eligibility determination
shall be based upon establishment of intelligence scores which fall two or more
standard deviations below the mean of a standardized test of intelligence OR,
is attributable to any other condition found to be closely related to an
intellectual disability because it results in impairment of general
intellectual functioning or adaptive behavior similar to those of persons with
an intellectual disability, or requires treatment and services similar to those
required for such persons.
b)
Persons age 5 and over will be eligible for services if their I.Q. scores fall
two or more standard deviations below the mean of a standardized
test.
c) For persons ages 3 to 5,
eligibility is based on an assessment that reflects functioning on a level two
or more standard deviations from the mean in two or more areas as determined by
a standardized test.
d.) For
infants and toddlers 0-36 months, eligibility for DDS Services will be
indicated by a 25% delay in two or more areas based on an assessment instrument
which yields scores in months. The areas to be assessed include: cognition;
communication; social/emotion; motor; and adaptive.
3) Is attributable to dyslexia resulting from
intellectual disability, cerebral palsy, epilepsy spina bifida, Down syndrome
or autism spectrum disorder as established by the results of a team evaluation
including at least a licensed Physician and a licensed Psychologist.
NOTE: In the case of individuals being evaluated for service,
eligibility shall be based upon their condition closely related to an
intellectual disability by virtue of their adaptive behavior
functioning.
B.
The disability must originate prior to the date the person attains the age of
twenty -two (22).
NOTE: When age becomes a factor in eligibility determination
under the Arkansas Law, such a case will be evaluated on its own merit as to
whether the condition resulting from the disability was present before age
twenty-two (22). In such cases, the determining authority will be the Assistant
Director of Client Services and/or the Director for Developmental Disabilities
Services.
C. The disability
has continued or can be expected to continue indefinitely.
D. The disability constitutes a substantial
handicap to the person's ability to function without appropriate support
services including, but not limited to, daily living and social activities,
medical services, physical therapy, speech therapy, occupational therapy, job
training and employment.
5.
Services. Given
the availability of funds and subject to budget restrictions, DDS will provide
services to eligible persons.
6.
Appeal. Should the individual and parent/guardian
disagree with the decision made, they retain the right of appeal following DDS
Policy #1076.
Replacement Notation: This policy replaces DDS Commissioner's
Office Policy 1035, Eligibility for Services, effective June 29, 1981; May 10,
1982; and October 7, 1983 and DDS Deputy Director's Policy #1035, January 8,
1987; December 1, 1993.
Effective Date:
Sheet 1 of 4
References: Arkansas Code Ann.
20-48-101,
DDS Policy #1075, and DDS Policy #1020
Administrative Rules & Regulations Sub Committee of the
Arkansas Legislative Council:
ATTACHMENT 1 DDS Administrative Policy No. 1035 - Agency
Definition of Disability Eligibility for Services
1. Referral is to include a memorandum by DDS
Counselor with reason(s) for referral, why DDS eligibility is not clear, what
are the reasons for dispute, and the referring person's own
recommendation.
2. Adaptive
Behavior Scale (within the last year).
3. Current Medical status (within the last
year).
4. Psychological evaluation
(within the last year) if eligibility request is based on psychological
reasons.
5. Results of special
evaluations relevant to eligibility determination.
6. Documentation by Service Coordinator of
client observation within the last three (3) months.
7. Social History completed within the last
90 days by DDS Counselor.
8. The
most recent Individual Education Plan if person is school age.
9. For individuals who are not school age,
program plan of current or past services providers, if any.
