Hear from COFAR
   
Voice your opinion

Getting Services (Determining Your Eligibility)

This second Section of this Advocacy Guide is intended for persons who have wards or family members who they believe may have mental retardation, but who are not currently receiving residential care or services from the Department of Developmental Services. NOTE: There are numerous DDS regulations cited throughout this guide in order to best assist you in your advocacy efforts. Be aware, however, that regulations are subject to change by DDS and regulatory citations can become outdated. We will strive to keep this guide as up to date as possible. The full text of all DDS regulations can be found on the DDS website at www.mass.gov/dmr/.

Determining your eligibility for supports and services:

If your family member or ward is not currently receiving DDS care or services and you believe help is needed from DDS, the first step you must take is to determine your family member or ward's eligibility for those services. In order to be determined eligible, your family member or ward must fit the DDS's definition of mental retardation under the regulations.

Know the DMR Regulations

The DDS regulations define mental retardation in the following way: Definition of Mental Retardation: 115 CMR 2.01 The regulation defines Mental retardation as "significantly sub-average intellectual functioning existing concurrently and related to significant limitations in adaptive functioning." The regulatory definition goes on to state that mental retardation begins before age 18, and is manifested by "significantly sub-average intellectual functioning" and limitations in two or more of the following "adaptive skills areas":
  • communication
  • self-care
  • home living
  • social skills
  • community use
  • self-direction
  • health and safety
  • functional academics
  • leisure and work



Part One:

Advocating Effectively on Behalf of Your Family Members and Wards

Part Two:

Getting Services (Determining Your Eligibility)

Part Three:

Protections for Ricci Class Members and non-Class Members

Part Four:

Individual Support Plans

Part Five:

Guardianship

Part Six

Other Resources