004.01 INCAPABLE OF INDICATING INTENT.

An individual is considered incapable of indicating intent if: (A) The individual has an Intelligence Quotient of 49 or less, or a mental age of seven or less, based on tests acceptable to the State developmental disabilities agency; (B) The individual is judged legally incompetent; or (C) Medical documentation obtained from a physician, psychologist, or other person licensed by the State in the field of developmental disability, or other documentation acceptable to the State supports a finding that the individual is incapable of indicating intent.