Answer: Eligibility is determined by an assessment of the individual. The person must have an I.Q. test results of below 70; the mental disability had to occur prior to the age of 18 years; and the individual must demonstrate significant or substantial functional limitations in three or more of the following major life activities: self care, receptive and expressive language development and use; learning; self-direction, mobility; and capacity for independent living. This information is determined from standardized assessments.

2. What is needed to apply for services?

Answer:

a. The Division of Mental Retardation operates a waiting list for people seeking services through the programs it administers. All applicants are entered on the waiting list initially. Individuals/families seeking services for individuals with mental retardation should apply at the designated 310 agency in their county. The 310 agency will assign a case manager/intake coordinator to assist the individual/family through the process.

b. The case manager/intake coordinator will administer an Inventory of Client and Agency Planning (ICAP) and a Criticality Summary. The case manager/intake coordinator will also assist the individual/family gather the additional information needed to document the person's eligibility for the waiver program such as: A psychological evaluation (administered after age 17 for an adult; or within three years for a child) and a developmental summary, if the applicant is over 18 years of age to assist in determining the onset of mental retardation.

c. The 310 agency will submit the informal packet to the regional office for review and if approved the person's name will be entered on the waiting list. The date of application is the day a completed packet is received at the regional office.

d. The waiting list is sorted by criticality summary score and by the length of time waiting. A rank is established for each person waiting. Services will be initiated based on availability of resources starting with the highest priority needs statewide.

e. Each regional office has a waiting list coordinator available to answer questions, and to direct individuals/families to the appropriate 310 agency, as appropriate.

Note: Initial information may be secured from applicants who reside out of state. However, the applicant and or their guardian must reside in Alabama in order that the necessary assessments (ICAP and Criticality Scale) can be completed. The date of application will be the date in which the completed application is received by the regional office, after the person or his/her guardian has established residency in the State of Alabama.

3. Who should I contact if I think I am eligible or a member of my family is eligible for services?

Answer: You should contact the 310 Agency that serves your county. You may also contact the regional community services office to obtain guidance on steps to take to apply for services. Listings are found on this website for the 310 agencies and the regional community services offices.

4. If I am eligible for services, is there an age requirement?

Answer: No. The only requirement is that the cognitive disability occurred prior to the age of 18 years.

5. If my child is two years old, what can I expect as services that can be obtained?

Answer: The Early Intervention Program is operated under the auspices of the Alabama Department of Rehabilitation Services, with other agencies such as the Department of Mental Health and Mental Retardation and the Department of Education being involved in providing services/supports. You may call any of these agencies to determine services/supports that are available in your area.

6. Does the State of Alabama operate residential centers?

Answer: Yes. Alabama has one state-operated, 220-bed developmental center for persons with mental retardation that is located in Tuscaloosa, Alabama.

7. Does the State of Alabama operate residential homes located my community?

Answer: The State does not directly operate residential homes in the community. However, the Department of Mental Health and Mental Retardation contracts with community agencies to provide residential and day habilitation services or work programs for individuals who meet criteria for services. These residential arrangements and programs are located throughout Alabama. You may obtain specific information about available and location of services from the 310 agency or the regional community services office serving your region.

8. Does the Department of Mental Health and Mental Retardation provide services in a family home?

Answer: Yes, but through contract with 310 agencies. If the individual with the disability meets service criteria, the 310 agency will discuss in-home supports that may be provided to the individual and their family. Services/supports are accessed through the MR Waiting List. (See MR Waiting List tab)

9. How are services paid for?

Answer: There are a variety of funding sources to provide services to persons with mental retardation. These may include private pay, state funding, or a combination of state and federal funding. However, the individual must meet financial criteria for federal funds to be used for services. For persons who qualify based on age criteria, a cooperative funding arrangement may be made among agencies such as the Department of Mental Health & Mental Retardation, the Alabama Department of Education, the Department of Human Resources, the Alabama Department of Rehabilitation Services, etc. The 310 agency or the regional community services office will assist to identify funding sources for which the individual qualifies.

10. Who should I call if there are problems or concerns with the services I receive?

Answer: The best person to discuss your concerns with is the individual's case coordinator. If your concerns are not adequately addressed, you should talk to an employee of the 310 Agency that supervises the services or to an employee in the regional community services office.

11. When my child turns 19 years old, why do I have to be legally appointed their guardian when I am still their parent?

Answer: Many parents assume that their parental rights continue as long as they are the primary caregivers for their child, even when they turn 19 and are considered to be an adult. In order to be considered a legal guardian, the family would have to petition the local probate court to be appointed to make decisions on behalf of their child if the child is unable (incapacitated) to make or express decisions for themselves. There should be options of being appointed as a full guardian (making all decisions on behalf of your child), or as a limited guardian (making decisions in only the life areas in which the person cannot make or express those decisions for themselves such as major medical decisions, assistance with managing large sums of monies, etc.). Regardless of the level of guardianship, the appointed guardian should always respect the opinions and choices of the incapacitated individual to the degree that the individual can express himself.

12. If services or supports are denied, what are my rights to appeal?

Answer: If you disagree with a decision whereby services/supports are denied, you may notify the regional community services office to discuss the matter and to determine the reason(s) for not meeting eligibility requirements. If the lack of funding or other resource availability is the reason for denial, the staff will discuss with you these reasons and will review the process for being placed on a waiting list for services. Each person has unique circumstances that must be considered on an individual basis.

13. What do I have to do to start and operate a home(s) for people with mental retardation?

Answer: Contact the Department of Mental Health and Mental Retardation, Office of Certification, to obtain instructions and information.

14. What is self-advocacy?

Answer: A self-advocate is a person with a disability who speaks for themselves on their wants, desires, and choices in life. There are organized chapters of self-advocates that you can join to have a stronger voice in making your wishes and desires known and for society to be responsive to your needs and opinions. You may contact the Division of Mental Retardation's Office of Consumer Empowerment for more details.

15. Can a person with mental retardation vote?

Answer: If they have not been legally, through a probate court of jurisdiction, declared incapacitated (unable to make decisions for themselves), they have all their rights and may vote just as any other citizen.