DMR Eligibility Decision by H.O. MacKieran 2 25 08

Outcome: Ineligible
Keyword: subscore discrepancy, validity, IQ, mental illness

Hearing Officer: Sara Mackiernan
Counsel present for Appellant: N/A (In custody of DSS, though)
Counsel present for DMR: Allegra Munson
Hearing Officer decision: February 25, 2008
Appeal confirmed by Commissioner: March 4, 2008

SUMMARY

20-year-old with multiple foster placements as a child in both CT. and MA., ultimately resulting in his being in custody of DCF (formerly DSS) in MA, appealing determination of non-eligibility due to fact he is not mentally retarded per DMR regulations.

Applicant had received special education services throughout his life and had been diagnosed with multiple disorders, including but not limited to: mild mental retardation; pervasive developmental delay; Rhett's disorder; Fetal Alcohol Effects; Autism; ADD; Bipolar Disorder; Depression with Suicidal Ideations; Psychosis NOS.

DMR ultimately found that he was not mentally retarded within the meaning of DMR regulations as he did not have an IQ of 70 or below.  Hearing Officer found that one Full Scale IQ Score below 70 was not valid/reliable due to the fact that it was one of many scores, and that the large discrepancy between sub-scores suggested invalidity.  Further, given the nature of the applicant's diagnoses and the fact that DMH had already found applicant eligible for services as of December 2009, it is likely that Applicants need for services stems from mental health, rather than mental retardation related issues.