Programs for Persons with Intellectual Disabilities and Related Conditions
Select a program below to learn more about the services provided by the Aging and Disability Services Division.
Developmental Services Eligibility
For Developmental Services, a person must meet the criteria for Intellectual Disability or Person with Related Condition.
Below is the federal definition of Developmental Disability
In 1978 Congress raised the age of onset to 22, and switched from a list of specific conditions to a more generalized approach focused on a functional definition of a developmental disability as a “severe, chronic disability…attributable to a physical or mental impairment…likely to continue indefinitely” and resulting in substantial functional limitations in three or more areas of major life activity.
The current definition under the DD Act (adopted in 2000) defines “developmental disability” as a severe, chronic disability of an individual that:
- “(i) is attributable to a mental or physical impairment or combination of mental and physical impairments;
- (ii) is manifested before the individual attains age 22;
- (iii) is likely to continue indefinitely;
- (iv) results in substantial functional limitations in 3 or more of the following areas of major life activity:
- (I) Self-care.
- (II) Receptive and expressive language.
- (III) Learning.
- (IV) Mobility.
- (V) Self-direction.
- (VI) Capacity for independent living.
- (VII) Economic self-sufficiency; and
- (v) reflects the individual’s need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated.”
The 2000 law also further clarified the application of the “developmental disability” definition for children from birth through age 9. A child may still be considered to have a developmental disability without meeting 3 or more of the above criteria (items (i) through (v)) if the individual, without services and supports, has a high probability of meeting these criteria later in life.
Here are the definitions per NRS 435.007(5) and NRS 433.099.
NRS 435.007(5)
5. “Developmental disability” means autism, cerebral palsy, epilepsy or any other neurological condition diagnosed by a qualified professional that:
(a) Is manifested before the person affected attains the age of 22 years;
(b) Is likely to continue indefinitely;
(c) Results in substantial functional limitations, as measured by a qualified professional, in three or more of the following areas of major life activity:
(1) Taking care of oneself;
(2) Understanding and use of language;
(3) Learning;
(4) Mobility;
(5) Self-direction; and
(6) Capacity for independent living; and
(d) Results in the person affected requiring a combination of individually planned and coordinated services, support or other assistance that is lifelong or has an extended duration.
NRS 433.099 “Intellectual disability” defined. “Intellectual disability” means significantly subaverage
general intellectual functioning existing concurrently with deficits in
adaptive behavior and manifested during the developmental period.
(Added to NRS by 1975, 1591;
A 2013,
662)—(Substituted in revision for NRS 433.174)
You’ll notice some differences between the federal
definition of “Developmental Disability” and the state’s definitions of
Intellectual Disability and Person with Related Condition. Most notably,
there is not a reference to “physical” or “mental” impairment. The
current policy and state Eligibility Determination Standards for Developmental
Services provide further description of Intellectual Disability and Related
Conditions. Person with Related Condition in NRS 433.211 matches closely
with CFR 435.1010 Definitions relating to institutional status: “Institution for Individuals with
Intellectual Disabilities or persons with related conditions means an institution (or distinct part of
an institution) that—
(a) Is primarily for the diagnosis, treatment,
or rehabilitation of Individuals with Intellectual Disabilities or persons with
related conditions; …….Persons with related conditions means individuals
who have a severe, chronic disability that meets all of the following
conditions:
(a) It is attributable to—
(1) Cerebral palsy or epilepsy; or
(2) Any other condition, other than mental
illness, found to be closely related to Intellectual Disability because this
condition results in impairment of general intellectual functioning or adaptive
behavior similar to that of a person with an
intellectual disability, and requires treatment
or services similar to those required for these persons.
(b) It is manifested before the person reaches
age 22.
(c) It is likely to continue indefinitely.
(d) It results in substantial functional
limitations in three or more of the following areas of major life activity:
(1) Self-care.
(2) Understanding and use of language.
(3) Learning.
(4) Mobility.
(5) Self-direction.
(6) Capacity for independent living.