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39-1804. Implementation of act; powers and duties of secretary of social and rehabilitation services; reports.

39-1804

Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 18.--DEVELOPMENTAL DISABILITIES REFORM

      39-1804.   Implementation of act; powers and duties of secretary of socialand rehabilitation services; reports.(a) Except as otherwise specifically provided in this act andsubject to appropriations of federal and state funds, thesecretary, after consultation withrepresentatives of community developmental disabilityorganizations, community service providers, families and consumer advocates,shall implement and administerthe provisions of the developmental disabilities reformact in accordance with the following policies. Persons with developmentaldisabilities shall:

      (1)   Be provided assistance toobtain food,housing, clothing and medical care; protection from abuse, neglect andexploitation; and a range of services and supports which assist in thedetermination of individual needs; and

      (2)   receive assistancein determining their needs; be provided information about all service optionsavailable to meet those needs; have coordination of services delivered; beassisted and supported in living with their families, or independently;be assisted in finding transportation to support access to the community; andreceive individually plannedhabilitation, education, training, employment and recreation subject tosupports and services available in the community of their choice.

      (b)   To accomplish the policies set forth in subsection (a), the secretary,subject to the provisions ofappropriation acts, shall annually propose and implement a plan including, butnotlimited to, financing thereof which shall: (1) Provide for an organized networkofcommunity services for persons with developmental disabilities; (2) maximizetheavailability of federal resources to supplement state and local funding forsuchsystems; and (3) reduce reliance on separate, segregated settings ininstitutions orthe community for persons with developmental disabilities.

      (c)   The secretary shall report to the legislature the number of persons withdevelopmental disabilities eligible to receivecommunity services and shall make a progress report on the implementation ofthe annual plans and the progress made to accomplish a comprehensive communityservices system for persons with developmental disabilities.

      (d)   The secretary shall prepare and submit budget estimates for thedepartment of social and rehabilitation services to the division of the budgetand the legislature and shall establish and implement policies and procedureswithin the programs and activities of the department so that funds forstate-level programs and activities for persons who are developmentallydisabledare allocated between services delivered in institutions and communityservices.

      (e)   Subject to the provisions of this act and appropriation acts, thesecretary shall administer and disburse funds to each community developmentaldisability organization for the coordination and provision of communityservices.

      (f)   The secretary shall establish procedures and systems to evaluate theresults and outcomes of the implementation of this act to assure the attainmentof maximum quality and efficient delivery of community services.

      History:   L. 1995, ch. 234, § 4; Jan. 1, 1996.

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