SENATE DOCKET, NO. 1744        FILED ON: 2/18/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 122


The Commonwealth of Massachusetts



Joan B. Lovely


To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to persons with developmental disabilities.







Joan B. Lovely

Second Essex


Joanne M. Comerford

Hampshire, Franklin and Worcester


Michael O. Moore

Second Worcester


Brendan P. Crighton

Third Essex


Anne M. Gobi

Worcester, Hampden, Hampshire and Middlesex


Hannah Kane

11th Worcester


Michael D. Brady

Second Plymouth and Bristol


Norman J. Orrall

12th Bristol


Sonia Chang-Diaz

Second Suffolk


Adam J. Scanlon

14th Bristol


Susan L. Moran

Plymouth and Barnstable


SENATE DOCKET, NO. 1744        FILED ON: 2/18/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 122

By Ms. Lovely, a petition (accompanied by bill, Senate, No. 122) of Joan B. Lovely, Joanne M. Comerford, Michael O. Moore, Brendan P. Crighton and other members of the General Court for legislation relative to persons with developmental disabilities.  Children, Families and Persons with Disabilities.


SEE SENATE, NO. 61 OF 2019-2020.]


The Commonwealth of Massachusetts



In the One Hundred and Ninety-Second General Court



An Act relative to persons with developmental disabilities.


Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1: Section 1 of chapter 123B, as appearing in the 2018 Official Edition, is hereby amended by striking lines 18 through 37 and inserting in place thereof the following:-

“Person with a developmental disability,” (1) an individual 5 years of age or older with a severe, chronic disability that: (i) is attributable to a mental or physical impairment or combination of mental and physical impairments; (ii) is manifested before the individual attains age 22; (iii) is likely to continue indefinitely; (iv) results in substantial function limitations in 3 or more of the following areas of major life activity: (1) self-care; (2) receptive and expressive language; (3) learning; (4) mobility; (5) self-direction; (6) capacity for independent living; and (7) economic self-sufficiency; and (v) reflects the individual’s need for a combination and sequence of special, interdisciplinary or generic services, individualized supports or other forms of assistance that are of a lifelong or extended duration and are individually planned and coordinated; or (2) an individual under the age of 5 who has a substantial developmental delay or specific congenital or acquired condition with a high probability that the condition will result in developmental disability if services are not provided. A person who has a developmental disability may be considered to be mentally ill; provided, however, that no person with a developmental disability shall be considered to be mentally ill solely by the reason of the person’s developmental disability.

SECTION 2: This act shall take effect on January 1, 2022.