Advocacy Guide: Part 2

© COFAR Advocacy Guide 2005, All rights Reserved



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 Mental Retardation.


NOTE: There are numerous DMR 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  Be aware, however, that regulations are subject to change by DMR and regulatory citations can become outdated.  We will strive to keep this guide as up to date as possible. The full text of all DMR regulations can be found on the DMR website at www.mass.gov/dmr/.



Determining your eligibility for supports and services:


If your family member or ward is not currently receiving DMR care or services and you believe help is needed from DMR, 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 DMR's definition of mental retardation under the regulations.


Know the DMR Regulations


The DMR regulations define mental retardation in the following way:



Definition of Mental Retardation: 115 CMR 2.01


The regulation defines Mental retardation as involving "substantial limitations in present functioning" that are "consistent with the currently (1994) accepted clinical authority" of the American Association on Mental Retardation.


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


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