Idaholaw That Impacts Children with Special Needs

IdahoLaw that Impacts Children with Special Needs

Definitions

Child with Developmental Disability

The Department of Health and Welfare can help provide a number of services to assist adults and children with developmental disabilities. Some of these services include: physical and occupational therapy, housing and living supports, chore services, employment support, environmental modifications, home delivered meals, nursing services, respite care, habilitative supports, family education, crisis intervention, and in-school supports, to name a few.

Developmental Disabilities means a chronic disability of a person which appears before 22 years of age and:

Is attributable to an impairment, such as an intellectual disability, cerebral palsy, epilepsy, autism or other condition found to be closely related to or similar to one of these impairments that requires similar treatment or services, or is attributable to dyslexia resulting from such impairments.
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.
Reflects the needs for a combination and sequence of special, interdisciplinary or generic care, treatment or other services which are of life-long or extended duration and individually planned and coordinated.

Idaho CodeAnn. § 66-402(1),(5)(6)(9)(12)(13). Definitions.

As used in this chapter:

(1)"Adult" means an individual eighteen (18) years of age or older.

(5)"Developmental disability" means a chronic disability of a person which appears before the age of twenty-two (22) years of age and:

Is attributable to an impairment, such as intellectual disability, cerebral palsy, epilepsy, autism or other condition found to be closely related to or similar to one (1) of these impairments that requires similar treatment or services, or is attributable to dyslexia resulting from such impairments; and
Results in substantial functional limitations in three (3) 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; and
Reflects the need for a combination and sequence of special, interdisciplinary or generic care, treatment or other services which are of lifelong or extended duration and individually planned and coordinated.

(6) "Emancipated minor" means an individual between fourteen (14) and eighteen years of age who has been married or whose circumstances indicate that the parent-child relationship has been renounced.

(9) "Lacks capacity to make informed decisions" means the inability, by reason of developmental disability, to achieve a rudimentary understanding of the purpose, nature, and possible risks and benefits of a decision, after conscientious efforts at explanation, but shall not be evidenced by improvident decisions within the discretion allowed nondevelopmentally disabled individuals.

(12) "Meet essential requirements for physical health or safety" means the actions necessary to provide health care, food, clothing, shelter, personal hygiene and/or other care without which serious physical injury or illness would occur.

(13) "Minor" means an individual seventeen (17) years of age or less.

Definition of “Disability” for Eligibility for Special Education

Chapter 4 of the Idaho State Board of Education Special Education Manual specifies the following disabilities as making a child eligible for special education:

Autism
Cognitive Impairment
Deaf-Blindness
Deafness
Developmental Delay (ages 3-9)
Emotional Disturbance
Health Impairment
Hearing Impairment
Learning Disability (Including Specific Learning Disability)
Multiple Disabilities
Orthopedic Impairment
Speech or Language Impairment: Language
Speech or Language Impairment: Speech (Including Articulation/Phonology Disorder, Fluency Disorder, and Voice Disorder)
Traumatic Brain Injury
Visual Impairment Including Blindness

Child SupportSupport for Disabled Adult-Child (Post Minority Age Support)

Idaho Code Ann.§ 32-706.

In a proceeding for divorce or child support, the court may order either or both parents owing a duty of support to a child to pay an amount reasonable or necessary for his or her support and education until the child is eighteen (18) years of age, without regard to marital misconduct, after considering all relevant factors which may include:

(a)The financial resources of the child;

(b)The financial resources, needs, and obligations of both the custodial and noncustodial parents which ordinarily shall not include a parent's community property interest in the financial resources or obligations of a spouse who is not a parent of the child, unless compelling reasons exist;

(c)The standard of living the child enjoyed during the marriage;

(d)The physical and emotional condition and needs of the child and his or her educational needs;

(e)The availability of medical coverage for the child at reasonable cost as defined in section 32-1214B, Idaho Code;

(f)The actual tax benefit recognized by the party claiming the federal child dependency exemption.

Support of Disabled Child with Relative’s Estate

Idaho Code Ann. § 66-354. Mentally ill person with assets sufficient to pay expenses -- Liability of relatives

(a) When a mentally ill person has been admitted to a state facility voluntarily or involuntarily, the director of the facility may cause an inquiry to be made as to the financial circumstances of such person and of the relatives of such person legally liable for his or her support, and if it is found that such person or said relatives, legally liable for the support of the patient, are able to pay the expenses for commitment proceedings and the charges for the care and treatment of the patient in the facility, in whole or in part, it shall be the duty of the director of the facility to collect such expenses and such charges, and if necessary to institute in the name of the state, a civil suit against the person or persons liable therefore.

(b) The following relatives shall be bound by law to provide for the expenses and charges for the commitment, care and treatment of such mentally ill person referred to in this act: husband for the wife, and the wife for the husband; the parent for his or her minor child or minor children, and the children for their parents.

Custody, Visitation, and Relocation

Idaho Code Ann. § 32-717. Custody of children -- Best interest

(1) In an action for divorce the court may, before and after judgment, give such direction for the custody, care and education of the children of the marriage as may seem necessary or proper in the best interests of the children. The court shall consider all relevant factors which may include:

(a) The wishes of the child's parent or parents as to his or her custody;

(b) The wishes of the child as to his or her custodian;

(d) The child's adjustment to his or her home, school, and community;

(e) The character and circumstances of all individuals involved;

(f) The need to promote continuity and stability in the life of the child; and

(g) Domestic violence as defined in section 39-6303, Idaho Code, whether or not in the presence of the child.

Special Needs Trust and/or a Ward’s Estate

Idaho Code Ann. § 68-1405.Special needs trusts -- Requirements -- Jurisdiction of court -- Court orders.

(1)If a court orders that money of a minor or incompetent person be paid to a special needs trust, the terms of the trust shall be reviewed and approved by the court and shall satisfy the requirements of this section. The trust shall be subject to the continuing jurisdiction of the court, and is subject to court supervision to the extent determined by the court. The court may transfer jurisdiction to the court in the county where the minor or incompetent person resides.

(2)A special needs trust may be established and continued under this section only if the court determines all of the following:

(a)That the minor or incompetent person has a disability that substantially impairs the individual's ability to provide for the individual's own care or custody;

(b)That the minor or incompetent person is likely to have special needs that will not be met without the trust; and

(c)That money to be paid to the trust does not exceed the amount that appears reasonably necessary to meet the special needs of the minor or incompetent person.

(3)If at any time it appears that:

(a)Any of the requirements of this section are not satisfied or the trustee refuses without good cause to make payments from the trust for the special needs of the beneficiary; and

(b)That the Idaho department of health and welfare or a county or city in this state has a claim against trust property, then the Idaho department of health and welfare, the county or the city may petition the court for an order terminating the trust.

(4)A court order for payment of money or property to a special needs trust shall include a provision that all statutory liens properly perfected at the time of the court's order, and in favor of the Idaho department of health and welfare or any county or city of this state, shall be satisfied first.

Adoption Subsidy

Idaho Code Ann. § 56-802. Definitions

For the purposes of this act:

(1) "Hard-to-place child" means a child who is difficult to place for adoption or guardianship because of ethnic background, race, color, age, sibling grouping, or physical or emotional disability.

(2) "Department" means the department of health and welfare.

Idaho Code Ann. § 56-805. Financial aid – Period

Financial aid to families adopting or becoming guardians of hard-to-place children shall be awarded by the department as follows:

(1) Persons who have applied to adopt the hard-to-place child and to receive subsidies for the care and support of the hard-to-place child shall be evaluated as to their suitability as adoptive parents by means of an adoptive home study. Persons who are caring for a hard-to-place child in the state's custody for whom reunification or adoption is not an option, and who wish to be appointed legal guardians of the child and to receive subsidies for the care and support of the child, shall be evaluated as to their suitability as guardians by means of a guardianship study.

(2) Financial assistance shall be not more than the amount that would be paid for foster or institutional care for the child if the placement for adoption or guardianship had not taken place. Assistance may be provided families adopting or becoming guardians for hard-to-place children until such child is eighteen (18) years of age, parents are no longer legally responsible for the child, or until the parents are no longer providing support for the child.

After an adoption with a subsidy is finalized or a guardianship with subsidy has been ordered by the court and the court has released the child from the state's legal custody, the family is independent of the department except for an annual evaluation by the department of the need for continued subsidy and the amount of the subsidy.

(3) Payment of the costs of medical services shall be made directly to the physician or provider of the services according to the department's established procedures.

(4) Payment of the cost of nonrecurring adoption or guardianship expenses is limited to the following: reasonable and necessary adoption or guardianship fees, court costs, attorney's fees, and other expenses which are directly related to the legal adoption or guardianship of a child with special needs and which are not incurred in violation of state or federal laws.

(5) Eligibility for the benefits payable and amounts thereof shall be determined on a case-by-case basis by the department as set forth in the rules promulgated by the state board of health and welfare.

State and Community Resources

Advocates for Inclusion

Advocates for Inclusion (AFI) is a family owned and operated Developmental Disability Agency. We've been honored to serve individual’s in the Treasure Valley since 1998. AFI collaborates with various community organizations, health care providers, school districts, Health & Welfare, and other providers to meet the needs of the individuals we serve. Advocates for Inclusion strives to partner with the individuals we serve, along with their families and loved ones, to advocate for participation and quality services in our community. We are an active participant in local, state, and national level advocacy organizations that work toward improving the lives of the individuals we serve. We truly believe that we are a part of a team striving to facilitate and ensure that each individual is treated as an important member of our community. We look at each person as an individual with unique strengths, goals, and needs. Individual and family participation and input are not only encouraged, but expected. By working together as a team, we can ensure that each individual is working towards and achieving their goals. Our ultimate goal at AFI is to empower the individuals and families we serve to gain more control over their lives and to become as self-sufficient as possible.

A New Leaf, Inc.!

We are a Developmental Disability Agency (DDA) that strives to provide the best services possible for adults and children with developmental disabilities and mental health needs. Certified by the Idaho Department of Health and Welfare, we provide many services to help your child or adult to be as successful as possible in life. We strive to be a "full-service" agency to help as many people as we can in the Treasure Valley and surrounding areas. We also offer free consulting services to help your loved-one get the best help and care available.

Idaho Autism

Idahoautism.com is excited to announce a new web-based training program that will be offered through our affiliate web site Specialneedstraining.com. Special Needs Training provides professionally accredited online educational program. This web-based program is specifically designed for professionals, direct service providers, teachers and families. Our hope is that by providing these training opportunities the development and overall life experiences of an individual faced with autism will be greatly improved. You can view the site by visiting specialneedstrain.com.

Idaho Council on Developmental Disabilities

The mission of the Idaho Council on Developmental Disabilities is to promote the capacity of people with developmental disabilities and their families to determine, access, and direct the services and/or support they need to live the lives they choose, and to build the communities ability to support their choices. The Idaho Council on Developmental Disabilities is a 23-member volunteer board, created by federal and state law, whose purpose is to advocate for Idahoans with developmental disabilities to assure they have access to needed community supports, individualized services, and other forms of assistance that promote self-determination, independence, productivity, and inclusion in Idaho communities. The Council advocates with and on behalf of Idahoans with developmental disabilities by listening to their concerns and working to help them improve their lives by building service systems and natural supports that enable them to live lives of independence, responsibility, meaning, and contribution.

Idaho. Department of Health and Welfare

Children's Developmental Disability (DD) Services Children who are Medicaid eligible and have a developmental disability may qualify to receive home and community-based services through the Children's Developmental Disabilities (DD) Services Program. The Children’s DD Services Program is a system of care that has a wide array of benefits for children based on the individual needs of the child and include interventions, supports and collaboration services. The system emphasizes evidence-based treatment methods, community integration, and family empowerment. healthandwelfare.idaho.gov/Medical/DevelopmentalDisabilities/ChildrensDevelopmentalDisabilityServices/tabid/1017/Default.aspx

Idaho Department of Health and Welfare

We offer a wide range of services to help children in their everyday lives so they can grow up to be happy and productive members of our communities. Topics include assistance programs, children's heaslth, child protection/welfare, pregnancy & early childhood, and child support services.

Idaho Families of Adult with Disabilities

Our purpose is to suport families of adults with disabilities, thereby enhancing their lives as well as our own. Idaho Families of Adults with Disabilities (IFAD) is a non-profit organization which helps families, friends and professionals who provide supports to adults with various disabilities throughout the state of Idaho. Members receive discounts on our educational seminars, access to family resource specialists who are available to provide information and answer your questions, socials opportunities, networking among families and offers of hands-on support when needed. Become a member today! You will receive the TuesNews, a monthly E-newsletter, delivered directly to your email inbox too!

idahoadultswithdisabilities.org/home/

Idaho Parents Unlimited, Inc.

Founded in 1985, Idaho Parents Unlimited, Inc. (IPUL) is a statewide organization which houses the Idaho Parent Training and Information Center, the Family to Family Health Information Center, Idaho Family Voices, the Creative Access Art Center and VSA Idaho, the State Organization on Arts and Disability. The Parent Training and Information Center ensures that parents of children with disabilities receive training and information on their rights, responsibilities, and protections under the Individuals with Disabilities Education Act (IDEA) in order to develop the skills necessary to cooperatively and effectively participate in planning and decision making relating to early intervention, educational, and transitional services. As the State Family Voices Affiliate and the Family to Family Health Information Center, IPUL assists families in making informed choices about health care; provides training, information and resources to families of children with special health care needs.

Special Needs Stop

Idaho Directory of Special Needs and Disability Resources Gathering information and connecting with organizations in your area is an important part in achieving success for yourself or your loved one. Special Needs Stop is proud to offer a listing for Special Needs Resources for both state and national. Also included are Special Needs Resources offering support to family members and caregivers. Special Needs Stop directory is a starting point for individuals to gather information in regards to national and state organizations providing services for individuals with special needs and/or disabilities and their family members. It important to conduct your own research of any individual, organization, product or service included in Special Needs Stop Resource Directory. The listing of an individual or organization on this site is not intended as an endorsement of that individual or organization or any products or services they may offer.