{"data":{"id":"us-ky/krs-347.020","jurisdiction":"us-ky","citation":"KRS 347.020","heading":"Definitions.","body":"As used in this chapter, unless the context requires otherwise:\n(1) \"Active treatment\" means provision of services as specified in an individualized\nservice plan. These services may include but are not limited to activities,\nexperiences, and therapy which are part of a professionally developed and\nsupervised program of health, social, habilitative, and developmental services;\n(2) \"Case management services\" means all such services to persons with developmental\ndisabilities as will assist them in gaining acce ss to needed social, medical, legal,\neducational, and other services, and such term includes:\n(a) Follow-along services which assure, through a continuing relationship\nbetween an agency or provider and a person with a developmental disability\nand the person's parent, if the person is a minor, or guardian, if the person has\nbeen adjudicated legally disabled, that the changing needs of the person and\nthe family are recognized and appropriately met; and\n(b) Coordinated services which provide to persons with de velopmental\ndisabilities support, access to, and coordination of other services, information\non programs and services and monitoring of the person's progress;\n(3) \"Habilitation\" means the process described in the individualized service plan by\nwhich a person is assisted to acquire and maintain physical, mental, and social skills\nwhich will enable him to live most efficiently and effectively in the least restrictive\nindividually appropriate environment;\n(4) \"Individualized service plan (ISP)\" means a written  plan of service based on an\ninterdisciplinary approach which is revised as needed but no less than annually. The\nplan shall be developed by the interdisciplinary team and shall contain a statement\nof:\n(a) The nature of the specific mental, physical, socia l, and developmental needs\nof the person;\n(b) The specific services to be provided under this chapter, those services being\nprovided under other state and federal laws, and a schedule for the provision\nof said services; and\n(c) The least restrictive indivi dually appropriate environment for the provision of\nservices and active treatment;\n(5) \"Individually appropriate\" means responsive to the needs of the person as\ndetermined through interdisciplinary assessment and provided pursuant to an\nindividualized service plan;\n(6) \"Interdisciplinary team (IDT)\" means those persons who work most directly with\nthe individual in each of the professions, disciplines, and service areas that provide\nactive treatment, services, and evaluations for the person, including the pe rsons set\nforth in KRS 347.030(6). Prior to relocation to a more individually appropriate\nplacement in accordance with his individualized service plan, the IDT shall include\nstaff representing the current placement and staff representing the proposed\nplacement;\n(7) \"Least restrictive environment\" means the individually appropriate residence and\nservice delivery setting, including the entire array of residential alternatives as\ndefined by this chapter, in which the person can function most effectively and\nindependently, gaining, to the maximum extent possible, control over his\nenvironment, and shall be based solely on his needs as identified in his\nindividualized service plan. This definition shall not be construed to abolish any\nexisting residential or institutional alternatives as defined by this chapter;\n(8) \"Monitor\" means to conduct a systematic, coordinated, objective, qualitative review\nof services by a body independent of the agencies providing services under this\nchapter. This body shall include persons with developmental disabilities, parents,\nguardians, and professionals;\n(9) \"Person with a developmental disability\" means a person with a long-term disability\nwhich:\n(a) Is attributable to a developmental or physical impairment or combination of\ndevelopmental and physical impairments, including pervasive developmental\ndisorders;\n(b) Is likely to continue indefinitely;\n(c) Results in substantial functional limitations in at least three (3) of the\nfollowing areas of major life activity: self -care, receptive and expressive\nlanguage, learning, mobility, self -direction, capacity for independent living,\nand economic self-sufficiency;\n(d) Requires special, generic, or interdisciplinary care and active treatment and\nservices of extended duration; and\n(e) Is manifested before the person attains age twenty-two (22);\n(10) \"Representative\" means any individual who can advise and advocate for a person\nwith developmental disabilities and who shall serve at the request and pleasure of\nsuch person; provided, however, if the person with developmental disabilities is a\nminor or is legally disabled and has not requested a representative, the parent or\nguardian may request a representative to assist on behalf of a person with\ndevelopmental disabilities;\n(11) \"Residence\" or \"residential alternative\" means the living space occupie d by the\nperson with a developmental disability, including single -person homes, natural\nfamily homes, institutional facilities, and all other types of living arrangements; and\n(12) \"Services\" means such residential, developmental, vocational, support and r elated\nservices, training, and active treatment in the least restrictive, individually\nappropriate environment to provide for continuing development of independent or\ninterdependent living skills of persons with developmental disabilities. These\nservices i nclude but are not restricted to diagnostic services; child development\nservices; respite care; domestic assistance; consumer -directed attendant care;\nhabilitation and rehabilitation, including behavioral therapies; speech, physical, and\noccupational thera py; recreational therapy and activities; training for parents,\nguardians, and care providers as requested by said persons; transportation;\nequipment; development of language and communication skills; interpreters; family\ncounseling, and case management.","path":["KRS Chapter 347"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32719","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:34Z","sha256":"5ac69c38eb09c497474689b4b553950e5768fab380ab2ceca3dbb5e6b4bfec9f","source_id":"us-ky","stale":false,"prev":"us-ky/krs-347.010","next":"us-ky/krs-347.030"},"notice":"GroundRules: Original legal text. Not legal advice."}