Definitions

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As used in this subchapter, unless the context otherwise requires:

  1. (1) “Individual with an intellectual and developmental disability” means a person with an intellectual and developmental disability as defined in this section;

  2. (2)

    1. (A) “Intellectual and developmental disability” means a disability of a person that:

      1. (i) Is attributable to an impairment of general intellectual functioning or adaptive behavior, including cerebral palsy, spina bifida, Down syndrome, epilepsy, or autism;

      2. (ii) Is attributable to any other condition of a person found to be closely related to intellectual and developmental disability because the condition results in impairment of general intellectual functioning or adaptive behavior similar to that of individuals with intellectual and developmental disabilities or requires treatment and services similar to those required for the persons;

      3. (iii) Is attributable to dyslexia resulting from intellectual and developmental disability, cerebral palsy, epilepsy, or autism; and

      4. (iv) Has continued or can be expected to continue indefinitely.

    2. (B) “Intellectual and developmental disability” does not refer to other forms of mental disease or defect not defined in this section; (3) “Division” means the Division of Developmental Disabilities Services or the staff of the division where the context so indicates;

(4) “Family Home I” means a community-based residential home licensed by the division that provides room and board, personal care, habilitation services, and supervision in a single-family environment for not more than eight (8) developmentally disabled persons;

(5) “Family Home II” means a community-based residential home licensed by the division that provides room and board, personal care, habilitation services, and supervision in a multifamily environment for more than eight (8) but fewer than sixteen (16) developmentally disabled persons;

(6) “Permitted use” means a use by right that is authorized in residential zoning districts; and

(7) “Political subdivision” means a county or municipal corporation and includes any boards, commissions, or councils governing land use on behalf of the political subdivision.


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