(Perm). Definitions

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For the purposes of Chapter 21B of Title 7, the term:

(1) "Adult" means a person who is at least 18 years of age.

(2) "Adult in need of protective services" shall have the same meaning as provided in § 7-1901(2).

(3) "Caregiver" shall have the same meaning as provided in § 7-1901(4).

(4) "Covered education agreement" means a supported decision-making agreement that is entered into for the sole purpose of providing supported decision-making related to the supported person's education and:

(A) The Individuals with Disabilities Education Act, approved April 13, 1970 (84 Stat. 175; 20 U.S.C. § 1400 et seq.); or

(B) Section 504 of the Rehabilitation Act of 1973, approved September 26, 1973 (87 Stat. 394; 29 U.S.C. § 794).

(5) "Disability" means a physical or mental impairment that substantially limits one or more major life activities of a person.

(6) "Educational records" includes educational records under the Family Educational Rights and Privacy Act of 1974, approved August 21, 1974 (88 Stat. 571; 20 U.S.C. § 1232g).

(7) "Information that is relevant to a life decision" includes medical records, psychological records, financial records, educational records, and treatment records.

(8) "Life decisions" includes decisions related to:

(A) Where and with whom an adult with a disability wants to live;

(B) What services, supports, and medical care the adult with a disability wants to receive; and

(C) Where the adult with a disability wants to work.

(9) "Medical records" includes protected health information under the Health Insurance Portability and Accountability Act of 1996, approved August 21, 1996 (Pub. L. No. 104-191; 110 Stat. 1936).

(10) "Relative" means a parent, other ancestor, brother, sister, uncle, aunt, or one who has been lawful custodian of an adult with a disability at some prior time.

(11) "Supported decision-making" means a process of supporting and accommodating an adult with a disability in order to:

(A) Assist the adult with a disability in understanding the options, responsibilities, and consequences of life decisions; and

(B) Enable the adult with a disability to make life decisions, without impeding the self-determination of the adult with a disability or making decisions for the adult with a disability.

(12) "Supported decision-making agreement" means an agreement between a supported person and a supporter entered into pursuant to Chapter 21B of Title 7.

(13) "Supported person" means an adult with a disability who has entered into a supported decision making-agreement with a supporter.

(14) "Supporter" means an adult who has entered into a supported decision-making agreement with a supported person.

(May 5, 2018, D.C. Law 22-93, § 301, 65 DCR 2823.)


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