(1) The need for direct physical assistance with activities of daily living is due to your impaired motor control and means:

(a) You need the presence and physical assistance of another person on a daily basis to be able to communicate and be understood by any other person.

(i) If you are able to communicate through a communication device you will be considered independent in communication.

(ii) You must require more than "setting up" of the communication device.

(b) You need direct physical assistance from another person on a daily basis with toileting, bathing, eating, dressing, or mobility.

(i) You require more than "setting up" the task to enable you to perform the task independently.

(ii) You must require direct physical assistance for more than transferring in and out of wheelchair, in and out of the bath or shower, and/or on and off of the toilet.

(iii) Your ability to be mobile is your ability to move yourself from place to place, not your ability to walk. For instance, if you can transfer in and out of a wheelchair and are independently mobile in a wheelchair, you do not meet the requirement for direct physical assistance with mobility.

(2) Any of the following can be used as documentation of your direct physical assistance needs:

(a) The comprehensive assessment reporting evaluation (CARE) tool or other department assessments that measure direct assistance needs in the areas specified above;

(b) Assessments and reports from educational or healthcare professionals that are current and consistent with your current functioning;

(c) In the absence of professional reports or assessments, DDA may document its own observation of your direct assistance needs along with reported information by family and others familiar with you.