Treatment and Care of the Developmentally Disabled

1. Treatment and Care of the Developmentally Disabled Hon. David D. Manweiler

2. Idaho Code 66-402 et. seq. • Applies to adults only (age 18 or older), or emancipated minors (age 14-17); • “Developmentally Disabled” means chronic disability appearing before age 22 attributable to an impairment such as intellectual disability, cerebral palsy, epilepsy, autism or similar condition or dyslexia resulting from impairment; • Resulting in substantial functional limitations in: self care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, or economic self-sufficiency; and • Reflects the need for lifelong or extended care and treatment.

3. Initiation of Petition • May be filed by anyone, even the disabled person; • Must describe the condition; • Scope of guardian/conservatorship; • Respondent’s financial condition and ability to pay; • Attorney appointed for Respondent; • Notice to Respondent and interested parties;

4. “Evaluation Committee” at least three (3) persons designated by H&W including: a physician, social worker and psychologist; Due ten (10) days before hearing; Report must include: description of impairments; Description of mental, emotional and physical conditions; educational status; adaptive and social skills; Description of services to meet needs and requirements of Respondent’s physical health and safety and/or manage financial resources; Recommendation as to type and extent of guardian/conservatorship; Opinion regarding probability Respondent’s disabilities may significantly lessen and the type of services or treatment which may improve the behavior, condition, or skills; Respondent’s preference of guardian/conservator and the person’s suitability for that role. Evaluation Committee’s Report

5. DD Hearing • Occurs after receipt of report from Evaluation Committee; • Respondent entitled to be present, call witnesses and cross-examine experts and other witnesses; • Court determines: existence/extent of developmental disability; • Respondent’s ability to meet essential needs for health or safety and to manage finances; • Evaluate ability of guardian/conservator to act in Respondent’s best interests and manage financial resources and meet health or safety needs; • Ability of Respondent to pay costs.

6. DD Order • Dismiss petition; or • Expand if need for protective services; • If finding of Developmental Disability and Respondent unable to manage finances or meet essential requirements of health or safety; then • Order full or partial guardian/conservatorship and specify any restrictions; • Fix costs of proceedings; • Term may be up to three (3) years and is renewable; • Annual report required.

7. Practice Tips for Judges/Clerks • Check Petition for legal sufficiency; • Ensure all necessary parties have notice; • Require all committee members to be present at hearing; • Verify proposed guardian/conservator is certified; • Specify in order any limitations on guardian/conservator; • Expansion of I.C. 20-519A proceedings; • Tickle accounting deadlines.

8. Questions