Treatment and Care of the Developmentally Disabled

Hon. David D. Manweiler

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, selfdirection, capacity for independent living, or economic selfsufficiency; and Reflects the need for lifelong or extended care and treatment.

Initiation of Petition

May be filed by anyone, even the disabled person; Must describe the condition; Scope of guardian/conservatorship; Respondents financial condition and ability to pay; Attorney appointed for Respondent; Notice to Respondent and interested parties;

Evaluation Committees Report

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 Respondents physical health and safety and/or manage financial resources;

Recommendation as to type and extent of guardian/conservatorship; Opinion regarding probability Respondents disabilities may significantly lessen and the type of services or treatment which may improve the behavior, condition, or skills; Respondents preference of guardian/conservator and the persons suitability for that role.

DD Hearing

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

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.

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.

Questions