62 Pa. Stat. § 3303

Current through Pa Acts 2024-53, 2024-56 through 2024-92

Section 3303 - Definitions

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Culturally competent." Services, supports or other assistance that are conducted or provided in a manner that:

(1) Is responsive to the beliefs, interpersonal styles, attitudes, language and behaviors of those persons receiving services.

(2) Has the greatest likelihood of ensuring participation of such persons.

"Department." The Department of Public Welfare of the Commonwealth.

"Disability." A severe, chronic condition of a person that:

(1) Is attributable to a mental or physical impairment or a combination of mental and physical impairments.

(2) Is likely to continue indefinitely.

(3) Results in substantial functional limitations in three or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living or economic self-sufficiency.

(4) Reflects the person's need for a combination and sequence of special, interdisciplinary or generic services, individualized supports or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated.

When applied to children who are under nine years of age, this term means persons who have substantial developmental delay or specific congenital or acquired conditions, who may be considered to have a disability without meeting three or more of the criteria if the person, without services and supports, has a high probability of meeting those criteria later in life.

"Family." A person with a disability and the people with whom the person lives, including, but not limited to, mother, father, brother, sister, spouse, significant other, son or daughter, grandparent, aunt, uncle, cousin, legal guardian or legal custodian. The term may include a person providing foster care or a home under the family living program. The term does not include a person who acts in a paid employment capacity and provides services in hospitals, State centers, nursing homes, personal care boarding homes, domiciliary care, community living arrangements or other such facilities.

"Family-centered" or "family-directed." A system in which families are empowered to identify their needs, participate in the development of any service plan, determine which services they want delivered, select the service provider and the services that are responsive to the needs of the entire family in a timely and appropriate manner and are easily accessible to and usable by the family.

"Family support." Supports, resources, services and other assistance that are designed to support and are provided:

(1) To families in their efforts to maintain family unity and keep persons with disabilities in the family home and participating in their community.

(2) To prevent inappropriate and unwanted out-of-home placement.

(3) When possible, to reunite persons with disabilities who have been placed out of the home by their family.

The term includes voucher or reimbursement systems. For the purpose of this definition, "services" include respite care in and out of the home, recreation, assistive technology as defined in section 3 of the Assistive Technology Act of 1998 ( Public Law 105-394, 29 U.S.C. § 3002 ), information and referral and other services as authorized by the Department of Public Welfare.

62 P.S. § 3303

2004, Nov. 30, P.L. 1561, No. 198, § 3, imd. effective. Affected 2007, July 25, P.L. 402, No. 56, §8(14), effective in 90 days [ 10/23/2007].