(1) A person has
diminished capacity to understand the termination proposal process if there
are factors that impair the person’s ability to understand the
termination proposal process.
(2) Without
limitation, the following are factors that impair a person’s ability to
understand the termination proposal process —
(a)
difficulty reading or understanding English (because a person is from a
non‑English speaking background);
(b) a
visual impairment that results in difficulty reading written information;
(c) a
hearing impairment that results in difficulty hearing oral discussions;
(d)
illiteracy;
(e) a
person being under 18 years of age;
(f) a
cognitive impairment that results in difficulty with complex
decision‑making;
(g) a
mental illness that affects understanding.