194A.135 Developmental Disabilities Council -- Members -- Executive Director -- Duties -- Autism Spectrum Disorders Subcommittee. - Kentucky Statutes

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194A.135 Developmental Disabilities Council -- Members -- Executive Director -- Duties -- Autism Spectrum Disorders Subcommittee. (1) The Kentucky Council on Developmental Disabilities is created within the cabinet.
(2) The Kentucky 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. (3) The members of the Kentucky 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 Mental Health and Mental Retardation Services; and 10. Department for Public Health, Division of Adult and Child Health Improvement. (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 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. (4) The Kentucky 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 Mental Health and Mental Retardation Services, 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) 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. (5) The Kentucky 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: June 26, 2007
History: 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.