231_2005 — Community Living Authority Regulation

s. 1 — Definitions

In this regulation:

s. 1 — Act

Act means the Community Living Authority Act;

s. 1 — Canadian Guidelines (2005)

Canadian Guidelines (2005) means the guidelines for diagnosis of fetal alcohol spectrum disorder set out in "Fetal alcohol spectrum disorder: Canadian guidelines for diagnosis" by A.E. Chudley et al., published in volume 172 Issue 5 of the Canadian Medical Association Journal in 2005;

s. 1 — Canadian Guidelines (2016)

Canadian Guidelines (2016) means the guidelines for diagnosis of fetal alcohol spectrum disorder set out in "Fetal alcohol spectrum disorder: a guideline for diagnosis across the lifespan" by J.L. Cook et al., published in volume 188 Issue 3 of the Canadian Medical Association Journal in 2016;

s. 1 — DSM-IV-TR

DSM-IV-TR means Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision, published by the American Psychiatric Association in 2000;

s. 1 — DSM-5

DSM-5 means Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, published by the American Psychiatric Association in 2013;

s. 1 — pediatrician

pediatrician means a medical practitioner who is recognized by the regulator that is responsible, under the Health Professions and Occupations Act, for governing the designated health profession of medicine as having specialist qualifications in the practice of pediatrics;

s. 1 — psychiatrist

psychiatrist means a medical practitioner who is recognized by the regulator that is responsible, under the Health Professions and Occupations Act, for governing the designated health profession of medicine as having specialist qualifications in the practice of psychiatry;

s. 1 — psychologist

psychologist means a person who is authorized under the Health Professions and Occupations Act to

s. 1(a)

practise the designated health profession of psychology, and

s. 1(b)

use the title "psychologist";

s. 1 — school psychologist

school psychologist means a person who is authorized under the Health Professions and Occupations Act to

s. 1(a)

practise the designated health profession of psychology, and

s. 1(b)

use the title "school psychologist";

s. 1 — significant limitations in adaptive functioning

significant limitations in adaptive functioning means significant limitations in adaptive functioning under section 2.5.

s. 2 — Interpretation

In the Act:

s. 2 — impaired adaptive functioning

impaired adaptive functioning means adaptive functioning that, when evaluated by a psychologist or school psychologist, is determined to be a contributing factor

s. 2(a)

in making a diagnosis, in accordance with DSM-5, of intellectual disability (intellectual developmental disorder), or

s. 2(b)

in making a diagnosis, in accordance with DSM-IV-TR, of the disorder that has been replaced in DSM-5 by intellectual disability (intellectual developmental disorder);

s. 2 — independent planning support

independent planning support means assistance that, in respect of a child, adult or family who is approved for or is receiving community living support,

s. 2(a)

enables

s. 2(a)(i)

identification of a child's, adult's or family's needs for community living support, and

s. 2(a)(ii)

development or adaptation of a plan to address those needs, and

s. 2(b)

is provided by a person who will not participate in making the decision whether to approve the community living support set out in the plan;

s. 2 — individualized funding

individualized funding means funds that are provided for community living support of a particular child or adult or family of a particular child or adult in accordance with an approved plan for community living support in respect of that child, adult or family.

s. 2.1 — Developmental disability

For the purposes of the definition of "developmental disability" in section 1 of the Act, the prescribed criteria are

s. 2.1(a)

intellectual functioning that, when tested by a psychologist or school psychologist according to one or more standardized intelligence tests, results in a score of 70 or less, or

s. 2.1(b)

intellectual functioning that, when tested by a psychologist according to one or more standardized intelligence tests, results in a score of more than 70, if the psychologist determines in accordance with DSM-5 that adaptive behaviour problems in social judgment, social understanding and other areas of adaptive functioning are so severe that actual intellectual functioning is comparable to that of persons who attain a score of 70 or less.

s. 2.2 — Community living support

For the purposes of paragraph (d) of the definition of community living support in section 1 of the Act, the following persons are prescribed:

s. 2.2(a)

persons with fetal alcohol spectrum disorder as described in section 2.3;

s. 2.2(b)

persons with pervasive developmental disorder as described in section 2.4;

s. 2.2(c)

persons with autism spectrum disorder as described in section 2.41.

s. 2.3 — Persons with fetal alcohol spectrum disorder

A person with fetal alcohol spectrum disorder is a person who

s. 2.3(a)

has been diagnosed with fetal alcohol spectrum disorder

s. 2.3(a)(i)

in accordance with the Canadian Guidelines (2005) or the Canadian Guidelines (2016), and

s. 2.3(a)(ii)

by both a psychologist and a medical practitioner,

s. 2.3(b)

has significant limitations in adaptive functioning, and

s. 2.3(c)

does not have a developmental disability.

s. 2.4 — Persons with pervasive developmental disorder

A person with pervasive developmental disorder is a person who

s. 2.4(a)

has been diagnosed with pervasive developmental disorder

s. 2.4(a)(i)

in accordance with DSM-IV-TR, and

s. 2.4(a)(ii)

by a psychologist, pediatrician or psychiatrist,

s. 2.4(b)

has significant limitations in adaptive functioning, and

s. 2.4(c)

does not have a developmental disability.

s. 2.41 — Persons with autism spectrum disorder

A person with autism spectrum disorder is a person who

s. 2.41(a)

has been diagnosed with autism spectrum disorder

s. 2.41(a)(i)

in accordance with DSM-5, and

s. 2.41(a)(ii)

by a psychologist, pediatrician or psychiatrist,

s. 2.41(b)

has significant limitations in adaptive functioning, and

s. 2.41(c)

does not have a developmental disability.

s. 2.5 — Significant limitations in adaptive functioning

For the purposes of sections 2.3 (b), 2.4 (b) and 2.41 (b), a person has significant limitations in adaptive functioning if the person has a combined score for all adaptive skill areas that is at least three standard deviations below the mean when tested with one of the following adaptive functioning measuring tools by a psychologist or school psychologist:

s. 2.5(a)

the Scales of Independent Behavior-Revised (SIB-R) published by Riverside Publishing Co. in 1996;

s. 2.5(b)

the Vineland Adaptive Behavior Scales, Second Edition (Vineland-II) published by American Guidance Services Publishing in 2005;

s. 2.5(c)

the Adaptive Behavior Assessment System, Second Edition (ABAS 2) published by The Psychological Corporation in 2003;

s. 2.5(d)

the Adaptive Behavior Assessment System, Third Edition (ABAS-3), published by Western Psychological Services in 2015.

s. 3 — Application of Business Corporations Act

Section 143 of the Business Corporations Act applies to the authority.

s. 4 — Repealed

Repealed. [B.C. Reg. 231/2005, s. 4 (2).]

s. 5 — Repealed

Repealed. [B.C. Reg. 231/2005, s. 5 (3).]