27B-1-18. Developmental disability defined.

A developmental disability is any severe, chronic disability of a person that:

(1)    Is attributable to a mental or physical impairment or combination of mental and physical impairments;

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

(3)    Is likely to continue indefinitely;

(4)    Results in substantial functional limitations in three or more 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; and

(5)    Reflects the person's need for an array of generic services, met through a system of individualized planning and supports over an extended time, including those of a life-long duration.

Source: SL 2000, ch 131, § 6.

27B-1-18.1. Intellectual disability defined.

For purposes of §§ 10-62-1, 10-62-2, 13-32-13, 22-46-1, 26-7A-85, 27A-1-1, 27A-15-1.1, 27B-1-17, 27B-7-30, 27B-7-38, 27B-8-41, 28-6-23, 28-6-24, 28-6-25, 28-13-23, 34-24-16, 58-17-30.1, and 58-18-31 and any terminology changed pursuant to the provisions of those sections, "intellectual disability," or a variation of this term, means a condition previously referred to as "mental retardation," or a variation of this term, and has the same meaning with respect to programs, qualifications for programs, rights or responsibilities regarding persons with such a condition.

Source: SL 2013, ch 125, § 20.