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Terms Used In 17 Guam Code Ann. § 41302

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(a) Active Services means provision of services as specified in an individualized service plan. These services may include, but not limited to, activities, experiences and therapy which are part of a professionally developed and supervised program of health, social, habilitative and developmental services.

(b) Case Management means services to persons with disabilities that assist in gaining access to need social, medical , legal, educational and other services, and includes:

(1) Follow along services which assure, through a continuing relationship between an agency or provider and a person with a disability and the individual’s parent, if the individual is a minor, or guardian, if a guardian has been appointed for the purpose, that the changing needs of the individual and the family are recognized and appropriately met.

(2) Coordinating and monitoring services provided to persons with disabilities by two (2) or more persons, organizations or agencies that are qualified or eligible under other case management programs.

(3) Providing information to persons with disabilities about availability of services and assisting the persons in obtaining the services.

(c) Division means the Division of Support Services for
Individuals with Disabilities (DSSID).

(d) Individual with a Disability means any individual who: (1) Has a physical or mental impairment
(A) that substantially limits one or more of the major life activities of such individual;

(B) a record of such an impairment; or
(C) being regarded as having such an impairment. (e) Administrator means the Administrator of Division of
Support Services for Individuals with Disabilities (DSSID) who shall be an ex-officio, non-voting member of the Division of
Support Services for Individuals with Disabilities Council
(DSSID). The Administrator must have at least a bachelors degree in Special Education or Social Work or related subjects and at least
four (4) years of experience in community services dealing with
persons with disabilities, of which two (2) years shall be administrative. The position shall be of the classified service of the
government of Guam. The position Classification Standard and
Compensation shall be established by the Director of
Administration.

(f) Habilitation means the process by which the staff of an agency assists an individual to cope more effectively with the demands of his or her own person and environment and to raise the level of his or her physical, mental and social functioning. Habilitation includes, but is not limited to, programs of formal structured education and treatment.

(g) Individualized service plan means the written plan for required in Section 41305.
(h) Individually appropriate means responsive to the needs of the individual, as determined through interdisciplinary assessment and provided pursuant to an individualized service plan.

(i) Interdisciplinary team means a group of persons that is drawn from o represents those professions, disciplines or service areas that are relevant to identifying an individual’s needs and designing a program to meet them, and is responsible for evaluating the individual’s needs, developing an individual program plan to meet them, periodically reviewing the individual’s response to the plan, and revising the plan accordingly. A complete team includes the individual receiving the service, unless clearly unable to participate; the individual’s family, unless their participation has been determined to be inappropriate; those persons who work most directly with the individual each of the professions, disciplines or service areas that provide service to the individual, including direct-care or direct-contact staff; and any other persons whose participation is relevant to identifying the needs of the individual and devising ways to meet them.

(j) Least restrictive means the least intrusive and least disruptive intervention into the life of an individual with a disability that represents the least departure from normal patterns of living that can be effective in meeting the person’s developmental needs.

(k) Inclusive environment means that environment that represents the least departure from normal patterns of living that can be effective in meeting the individual’s needs.

(l) Monitor means to conduct a systematic, coordinated, objective, qualitative review of services provided by any person, agency or organization.

(m) Representative means any individual who can advise and advocate for an individual with disabilities, who shall serve at the request and pleasure of such person; provided, that if the person with disabilities is a minor or is legally incapacitated.

(n) Residence or residential means the living space occupied by the individual with a disability, including single-person homes, natural family homes, care homes, group homes, foster homes, institutional facilities and all other types of living arrangements.(o) Services means appropriate assistance provided to an individual with a disability, individually appropriate environment to provide for basic living arrangements and continuing development of independence or interdependent living skills of the person. These services include, but are not restricted to: case management, medical, education, assistive technology, advocacy, residential, developmental and vocational support; training; active services; day treatment; day activity; respite care; domestic assistance; attendant care; rehabilitation; speech, physical occupational and recreational therapy; recreational opportunities; counseling, including counseling to the person’s family, guardian or other appropriate representative; development of language and communications skills; interpretation; transportation and equipment, and other related services.

(p) Respite Care means in-home or out-of-home temporary, non-medical support for families with individuals with disabilities,

SOURCE: Added by P.L. 24-016:2. Amended by P.L. 28-068:IV:42 and 47 (Sept. 30, 2005), effective January 1, 2006; reference to Civil Service Commission changed to Director of Administration.

2013 NOTE: Pursuant to the authority granted by 1 Guam Code Ann. § 1606, numbers and/or letters in subsection (d)(1) were altered to adhere to the Compiler’s alpha-numeric scheme.