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| 2 | 2 | | HOUSE DOCKET, NO. 964 FILED ON: 1/14/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 276 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | James J. O'Day |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to persons with developmental disabilities. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:James J. O'Day14th Worcester1/14/2025 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 964 FILED ON: 1/14/2025 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 276 |
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| 18 | 18 | | By Representative O'Day of West Boylston, a petition (accompanied by bill, House, No. 276) of |
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| 19 | 19 | | James J. O'Day relative to persons with developmental disabilities. Children, Families and |
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| 20 | 20 | | Persons with Disabilities. |
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| 21 | 21 | | The Commonwealth of Massachusetts |
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| 22 | 22 | | _______________ |
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| 23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
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| 24 | 24 | | (2025-2026) |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | An Act relative to persons with developmental disabilities. |
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| 27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 28 | 28 | | of the same, as follows: |
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| 29 | 29 | | 1 SECTION 1: Section 1 of chapter 123B, as appearing in the 2022 Official Edition, is |
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| 30 | 30 | | 2hereby amended by striking lines 18 through 37 and inserting in place thereof the following:- |
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| 31 | 31 | | 3 “Person with a developmental disability,” (1) an individual 5 years of age or older with a |
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| 32 | 32 | | 4severe, chronic disability that: (i) is attributable to a mental or physical impairment or |
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| 33 | 33 | | 5combination of mental and physical impairments; (ii) is manifested before the individual attains |
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| 34 | 34 | | 6age 22; (iii) is likely to continue indefinitely; (iv) results in substantial function limitations in 3 |
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| 35 | 35 | | 7or more of the following areas of major life activity: (1) self-care; (2) receptive and expressive |
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| 36 | 36 | | 8language; (3) learning; (4) mobility; (5) self-direction; (6) capacity for independent living; and |
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| 37 | 37 | | 9(7) economic self-sufficiency; and (v) reflects the individual’s need for a combination and |
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| 38 | 38 | | 10sequence of special, interdisciplinary or generic services, individualized supports or other forms |
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| 39 | 39 | | 11of assistance that are of a lifelong or extended duration and are individually planned and |
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| 40 | 40 | | 12coordinated; or (2) an individual under the age of 5 who has a substantial developmental delay or 2 of 2 |
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| 41 | 41 | | 13specific congenital or acquired condition with a high probability that the condition will result in |
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| 42 | 42 | | 14developmental disability if services are not provided. A person who has a developmental |
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| 43 | 43 | | 15disability may be considered to be mentally ill; provided, however, that no person with a |
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| 44 | 44 | | 16developmental disability shall be considered to be mentally ill solely by the reason of the |
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| 45 | 45 | | 17person’s developmental disability. |
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| 46 | 46 | | 18 SECTION 2: This act shall take effect on January 1, 2027. |
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