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This regulatory definition of mental retardation does not specify an IQ level for mental retardation, but instead refers to the American Association on Mental Retardation. The AAMR refers on its website (www.aamr.org), under its "Q&A Regarding the Definition of Mental Retardation, " to an IQ of 70 as the threshold for mental retardation. Since the standard error of measurement in most tests is 5, this means your family member or ward can have an IQ as high as 75 and still be considered eligible for DMR services, provided he or she meets the other criteria of the definition in the DMR regulations. The DMR regulations spell out the additional steps that are involved in determining eligibility for DMR services and supports. The regulations divide eligibility into four categories: 1) General Eligibility, 2) Eligibility Based on Developmental Disability, 3) Special Eligibility, and 4) eligibility based on a "Prioritization of Supports." The following is an explanation of each eligibility category. You will want to determine which category or categories your family member fits:

1) General Eligibility (115 CMR 6.04)

The General Eligibility category applies to persons: Who are 18 or older; who live in the State of Massachusetts; who fit the definition of mental retardation (see above); and who are "in need of specialized supports in three or more of the following seven adaptive skill areas:
  • communication
  • self-care
  • home living
  • social skills
  • community use
  • health and safety
  • functional academics
  • and work

2) Eligibility Based on Developmental Disability (115 CMR 6.06)

This category applies to persons who are under 18, provided they have a developmental disability and live in the state. (A determination of General Eligibility will be made when the person turns 18.) There is a different set of standards for determining eligibility under this category. According to the regulations, a person between the ages of 5 and 18 belongs in this category if he or she has "a severe, chronic disability" that:
  • is attributable to a mental or physical impairment or combination of mental and physical impairments;
  • is likely to continue indefinitely;
  • results in substantial functional limitations in three or more of the following areas of major life activity:
  1. self-care
  2. receptive and expressive language
  3. learning
  4. mobility
  5. self-direction
  6. capacity for independent living; and
  7. economic self-sufficiency.
  • reflects the person's need for "special, interdisciplinary, or generic services, supports, or other assistance that is of lifelong or extended duration and is individually planned and coordinated."
With respect to persons from birth to age five, developmental disability refers to "a substantial developmental delay or specific congenital or acquired condition with a high probability of resulting in developmental disabilities if services are not provided."

NOTE: In order to determine whether your ward or family member meets the criteria under these categories, it is important to have him or her examined by a licensed psychologist, preferably one who has experience in professional testing. If you are seeking to determine eligibility for a child, you may be able to obtain free testing from a psychologist in the public school system in your community.


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