New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 371 - DEVELOPMENTAL DISABILITIES
Part 6 - REQUIREMENTS FOR DEVELOPMENTAL DISABILITIES COMMUNITY PROGRAMS
Section 8.371.6.7 - DEFINITIONS
Current through Register Vol. 35, No. 18, September 24, 2024
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:
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:
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.
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.
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.
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.
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.
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.
