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U.S. Code Definition of Developmental Disability

The definition of "developmental disability" is described in the U.S. Code at 42 USC 15002 as follows:

42 USC Sec. 15002 — Definitions

(8) Developmental disability

(A) In general

The term "developmental disability" means 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 three or more of the following area 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.

(B) Infants and young children

An individual from birth to age nine, inclusive, who has a substantial developmental delay or specific congenital or acquired condition, may be considered to have a developmental disability without meeting 3 or more of the criteria described in clauses (i) through (v) of subparagraph (A) if the individual, without services and supports, has a high probability of meeting those criteria later in life.

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