2012 Kentucky Revised Statutes CHAPTER 194A CABINET FOR HEALTH AND FAMILY SERVICES 194A.135 Commonwealth Council on Developmental Disabilities -- Members -- Executive Director -- Duties -- Autism Spectrum Disorders Subcommittee.
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194A.135 Commonwealth Council on Developmental Disabilities -- Members -Executive Director -- Duties -- Autism Spectrum Disorders Subcommittee.
(1)
(2)
(3)
The Commonwealth Council on Developmental Disabilities is created within the
cabinet.
The Commonwealth Council on Developmental Disabilities is established to
comply with the requirements of the Developmental Disabilities Act of 1984 and
any subsequent amendment to that act.
The members of the Commonwealth Council on Developmental Disabilities shall
be appointed by the Governor to serve as advocates for persons with developmental
disabilities. The council shall be composed of twenty-six (26) members.
(a) Ten (10) members shall be representatives of: the principal state agencies
administering funds provided under the Rehabilitation Act of 1973 as
amended; the state agency that administers funds provided under the
Individuals with Disabilities Education Act (IDEA); the state agency that
administers funds provided under the Older Americans Act of 1965 as
amended; the single state agency designated by the Governor for
administration of Title XIX of the Social Security Act for persons with
developmental disabilities; higher education training facilities, each
university-affiliated program or satellite center in the Commonwealth; and the
protection and advocacy system established under Public Law 101-496. These
members shall represent the following:
1.
Office of Vocational Rehabilitation;
2.
Office for the Blind;
3.
Division of Exceptional Children, within the Department of Education;
4.
Department for Aging and Independent Living;
5.
Department for Medicaid Services;
6.
Department of Public Advocacy, Protection and Advocacy Division;
7.
University-affiliated programs;
8.
Local and nongovernmental agencies and private nonprofit groups
concerned with services for persons with developmental disabilities;
9.
Department for Behavioral Health, Developmental and Intellectual
Disabilities; and
10. Department for Public Health, Division of Maternal and Child Health.
(b) At least sixty percent (60%) of the members of the council shall be composed
of persons with developmental disabilities or the parents or guardians of
persons, or immediate relatives or guardians of persons with mentally
impairing developmental disabilities, who are not managing employees or
persons with ownership or controlling interest in any other entity that receives
funds or provides services under the Developmental Disabilities Act of 1984
as amended and who are not employees of a state agency that receives funds
or provides services under this section. Of these members, five (5) members
shall be persons with developmental disabilities, and five (5) members shall
(4)
be parents or guardians of children with developmental disabilities or
immediate relatives or guardians of adults with mentally impairing
developmental disabilities who cannot advocate for themselves. Six (6)
members shall be a combination of individuals in these two (2) groups, and at
least one (1) of these members shall be an immediate relative or guardian of
an institutionalized or previously institutionalized person with a
developmental disability or an individual with a developmental disability who
resides in an institution or who previously resided in an institution.
(c) Members not representing principal state agencies shall be appointed for a
term of three (3) years. Members shall serve no more than two (2) consecutive
three (3) year terms. Members shall serve until their successors are appointed
or until they are removed for cause.
(d) The council shall elect its own chair, adopt bylaws, and operate in accordance
with its bylaws. Members of the council who are not state employees shall be
reimbursed for necessary and actual expenses. The cabinet shall provide
personnel adequate to insure that the council has the capacity to fulfill its
responsibilities. The council shall be headed by an executive director. If the
executive director position becomes vacant, the council shall be responsible
for the recruitment and hiring of a new executive director.
The Commonwealth Council on Developmental Disabilities shall:
(a) Develop, in consultation with the cabinet, and implement the state plan as
required by Part B of the Developmental Disabilities Act of 1984, as
amended, with a goal of development of a coordinated consumer and family
centered focus and direction, including the specification of priority services
required by that plan;
(b) Monitor, review, and evaluate, not less often than annually, the
implementation and effectiveness of the state plan in meeting the plan's
objectives;
(c) To the maximum extent feasible, review and comment on all state plans that
relate to persons with developmental disabilities;
(d) Submit to the secretary of the cabinet, the commissioner of the Department for
Behavioral Health, Developmental and Intellectual Disabilities, and the
Secretary of the United States Department of Health and Human Services any
periodic reports on its activities as required by the United States Department
of Health and Human Services and keep records and afford access as the
cabinet finds necessary to verify the reports;
(e) Serve as an advocate for individuals with developmental disabilities and
conduct programs, projects, and activities that promote systematic change and
capacity building;
(f) Examine, not less than once every five (5) years, the provision of and need for
federal and state priority areas to address, on a statewide and comprehensive
basis, urgent needs for services, supports, and other assistance for individuals
with developmental disabilities and their families; and
(g)
(5)
Prepare, approve, and implement a budget that includes amounts paid to the
state under the Developmental Disabilities Act of 1984, as amended, to fund
all programs, projects, and activities under that Act.
The Commonwealth Council on Developmental Disabilities shall appoint a
subcommittee, which shall include members of the Kentucky Commission on
Autism Spectrum Disorders, to monitor the implementation of the state plan as
developed by the commission beginning October 1, 2006. The subcommittee shall
prepare, and the council shall submit, the report as required under KRS 194A.622
(10).
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch, 146, sec. 22, effective July 12, 2012; and ch. 158,
sec. 17, effective July 12, 2012. -- Amended 2007 Ky. Acts ch. 24, sec. 5, effective
June 26, 2007. -- Amended 2006 Ky. Acts ch. 211, sec. 118, effective July 12, 2006.
-- Amended 2005 Ky. Acts ch. 99, sec. 156, effective June 20, 2005; and ch. 138,
sec. 3, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 59, sec. 1, effective
July 15, 2002. -- Amended 2000 Ky. Acts ch. 20, sec. 1, effective July 14, 2000. -Created 1998 Ky. Acts ch. 426, sec. 14, effective July 15, 1998.
Legislative Research Commission Note (7/12/2012). This statute was amended by 2012
Ky. Acts chs. 146 and 158, which do not appear to be in conflict and have been
codified together.
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