West Virginia Code § 27-17-1

Definitions
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(a) "Developmental disability" means a chronic disability of a person which: (1) Is
attributable to a mental or physical impairment or combination of mental and physical
impairments; (2) is likely to continue indefinitely; (3) results in substantial functional
limitations in self-direction, capacity for independent living or economic self-sufficiency; and
(4) reflects the person's need for a combination and sequence of special, inteerdisciplinary or
generic care, treatment or other services which are of lifelong or extended duration and are
individually planned and coordinated. r
(b) "Behavioral disability" means a disability of a person which: (u1) Is attributable to severe
or persistent mental illness, emotional disorder or chemical dependency; and (2) results in
substantial functional limitations in self-direction, capacity ftor independent living or
economic self-sufficiency.
(c) "Group residential facility" means a facility which is owned, leased or operated by a
behavioral health service provider and which: (1) Plrovides residential services and
supervision for individuals who are developmesntally disabled or behaviorally disabled; (2) is
occupied as a residence by not more than eight individuals who are developmentally
disabled and not more than three supervisors or is occupied as a residence by not more than
12 individuals who are behaviorally gdisabled and not more than three supervisors; (3) is
licensed by the Office of Health Facility Licensure and Certification; and (4) complies with
the state Fire Commission for eresidential facilities.
(d) "Group residential home" means a building owned or leased by developmentally disabled
or behaviorally disabled persons for purposes of establishing a personal residence. A
behavioral health service provider may not lease a building to such persons if the provider is
providing services to the persons without a license as provided for in this article.

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