HARRY HUGHES, Governor

309

The former reference to a "residential type"
facility is deleted as unnecessary in light of
the reference to a "home" for individuals
requiring "specialized living arrangements".

The only other changes are in style.

The second and third sentences of former Article
59A, § 3(k), which defined "public group home"
and "private group home", are deleted as
unnecessary.

Defined terms: "Admission" § 7-101
"Facility" § 7-101
"Mental retardation" § 7-101
"Mentally retarded individual" § 7-101

(H) MENTAL RETARDATION.

"MENTAL RETARDATION" MEANS A SIGNIFICANTLY SUBAVERAGE
INTELLECTUAL FUNCTIONING AND IMPAIRMENT IN THE ADAPTIVE
BEHAVIOR OF AN INDIVIDUAL THAT:

(1)  ORIGINATES DURING THE DEVELOPMENTAL PERIOD
OF THE INDIVIDUAL; OR

(2)  IS CAUSED BY TRAUMA AND REQUIRES THE SAME
KIND OF TREATMENT AS IF IT HAD ORIGINATED DURING THE
DEVELOPMENTAL PERIOD.

REVISOR'S NOTE: This subsection is new language derived
without substantive change from the first
sentence of former Article 59A, § 3(1).

The Commission to Revise the Annotated Code
notes, for consideration by the General Assembly,
that this subsection is confusing and perhaps
should be reexamined in its entirety. The
General Assembly may wish to consider whether the
term "developmental period" should be defined to
clarify whether the term includes only
individuals under the age of 18 years or other
individuals. The General Assembly also may wish
to consider clarifying the term "trauma", which
the Administration interprets as encompassing
nonphysical trauma, such as disease or illness.

The second sentence of former Article 59A, §
3(1), which stated that the "term {mental
retardation} shall replace the terms
'defective,' 'mental defective,' 'idiot,'
'feebleminded' and 'moron' as they may appear in
the statutes of the State of Maryland" is
deleted. The Commission believes that the
sentence was intended as a statement of policy --