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Advocates and lawmakers press to adopt federal definition of developmental disability, saying current state definition excludes some groups

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Summary

Multiple speakers urged the committee to expand Massachusetts' statutory definition of developmental disability to match the federal definition, which supporters said would include people with conditions such as fetal alcohol spectrum disorder and cerebral palsy.

Senator Lovely and Representative O'Day urged the Joint Committee on Children, Families and Persons with Disabilities to adopt the broader federal definition of developmental disability (Senate 150 / House 276), saying the current Massachusetts definition excludes people who need services. "Under our current law, many groups of individuals, including those with fetal alcohol spectrum disorder or FASD, are not included in the Commonwealth's definition," Senator Lovely said.

Speakers from the Massachusetts Developmental Disabilities Council and Disability Law Center described cases of adults and children who, they said, are left out of eligibility for Department of Developmental Services (DDS) programs because of the narrower state definition. Lindsay Lukasen and others urged the committee to expand eligibility to focus on functional limitations rather than a short list of diagnostic labels.

Advocates gave examples of how an expanded definition could affect access: college students with cerebral palsy who require assistance with daily living and people with FASD who exhibit major life activity limitations. The Disability Law Center and other witnesses said most states use the federal definition and that aligning Massachusetts law would better match functional assessment and existing federal practice.

No formal vote occurred; sponsors asked the committee to report the bill favorably and provided written testimony for the record.