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

Date:
Author:
MacKieran

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.

 

 

Year

Test

Age

Score

Diagnosis in report

Verb.

Perf.

Full

Not given

"Family Developmental Report"

~ 7

 

 

 

Qualitative Report, no actual testing.

1995

WISC III

~ 8

79

74

75

No Diagnosis.  Evaluator listed as "school psychologist" w/o list of credentials.  Performed in Bristol, CT.

2000

KAIT

~ 13

Crystallized

79

Fluid 70

Composite 73

Well Below Average Range.  Done in conjunction w/ adaptive behavior/emotional problems/and ADD/ADHD testing - Diagnostic Impressions -

Axis I 299.80 - Pervasive Developmental Disorder NOS

Axis II V62.89 - Borderline Intellectual Functioning

2002

WJIII

~ 15

 

 

Scaled Score = 76

 

2005

WAIS-III

~ 18

80

62

69

"Upper end of middle range of retardation"

Sig. Intratest Scatter = indicative of severe non-verbal Learning Disability - autistic spectrum disorder - High Functioning Autism (eval performed while on anti-psychotics)

 

 

Attachment Size
MacKiernan decision 2-25-08 WO_0.pdf (2.83 MB) 2.83 MB