50-06.5 Independent Living Centers and Services - North Dakota Statutes

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CHAPTER 50-06.5INDEPENDENT LIVING CENTERS AND SERVICES50-06.5-01. Definitions. As used in this chapter, unless the context otherwise requires:1."Center for independent living" means a consumer-controlled, community-based,
cross-disability, nonresidential, private, nonprofit agency that is designed and
operated within a local community by individuals with disabilities, that provides an
array of independent living services and programs, and that does not offer
permanent housing among its services.2."Consumer control" means power and authority vested in individuals with disabilities
and, when applied to a center for independent living, means at least fifty-one percent
of the principal governing board, management, and staff are individuals with
disabilities.3."Council" means the statewide independent living council.4."Designated state agency" means the vocational rehabilitation division of the
department of human services.5."Director" means the director of the designated state agency.6."Disability" means a physical or mental impairment that substantially limits one or
more of the major life activities of an individual, a record of a physical or mental
impairment that substantially limits one or more of the major life activities of an
individual, or being regarded as having a physical or mental impairment that
substantially limits one or more of the major life activities.7."Independent living core services" means information and referral services,
independent living skills training, peer counseling, and individual and systems
advocacy.8."Independent living services" includes independent living core services and other
services and assistance that may include:a.Counseling services, including psychological, psychotherapeutic, and related
services;b.Services related to securing housing or shelter;c.Assistive technology;d.Interpreter and reader services;e.Personal assistance services, including attendant care and training of
personnel providing those services;f.Surveys, directories, and other activities to identify appropriate housing,
recreation opportunities, and accessible transportation and other support
services;g.Services and technical assistance related to the implementation of the federal
Americans with Disabilities Act and other related state and federal laws;h.Activities supporting, assisting, or maintaining life in the community;i.Transportation, including referral and assistance for transportation;Page No. 1j.Individual and group community integration activities;k.Training to develop skills that promote self-awareness and esteem, develop
advocacy and self-empowerment skills, and explore career options;l.Appropriate preventive services to decrease the needs of individuals assisted
under this chapter for similar services in the future;m.Community awareness programs to enhance the understanding and integration
into society of individuals with disabilities; andn.Other services, as may be necessary, not inconsistent with this chapter.50-06.5-02.Statewide independent living council.A statewide independent livingcouncil is established. The council shall adopt bylaws governing operations of the council. The
council shall meet at least quarterly.50-06.5-03. Membership of the council.1.The governor, or an entity designated by the governor, shall appoint the members of
the council, except as provided in subdivision b of subsection 2. The appointing
authorityshallselectmembersaftersolicitingrecommendationsfromrepresentatives of consumer-controlled organizations representing a broad range of
individuals with disabilities.The council shall select a chairman from among itsmembership.2.The council must include:a.A majority of individuals with disabilities who are not state employees.b.At least fifty percent of the directors of the centers for independent living serving
the state or the directors' designated representatives as chosen by all the
directors of centers for independent living serving the state.c.Ex officio nonvoting members who are representatives from the designated
state agency and representatives from other state agencies that provide
services to individuals with disabilities.d.Additional members may be:(1)Representatives from centers for independent living;(2)Parents and guardians of individuals with disabilities;(3)Advocates of and for individuals with disabilities;(4)Representatives from private businesses;(5)Representatives from organizations that provide services for individuals
with disabilities; and(6)Other appropriate individuals.3.The council must be composed of members who provide statewide representation,
who represent a broad range of individuals with disabilities, and who are
knowledgeable about the independent living philosophy and centers for independent
living services and programs.Page No. 24.A member of the council may not serve more than two consecutive three-year
terms. The two consecutive three-year term limit does not include the term of a
member appointed to fill a vacancy occurring before the expiration of the term for
which appointed or the reduced terms of service of the members initially appointed
to provide for the expiration of terms on a staggered basis as specified by the
appointing authority. Any vacancy occurring in the membership of the council must
be filled in the same manner as the original appointment. A vacancy does not affect
the power of the remaining members to execute the duties of the council.50-06.5-04. Duties of the independent living council. The council shall:1.Jointly develop and submit, in conjunction with the designated state agency, the
state plan as required.2.Monitor, review, and evaluate the implementation of the state plan.3.Coordinate activities with councils that address the needs of specific disability
populations and issues under other federal and state law.4.Prepare reports and make recommendations, as necessary, to the governor,
legislative assembly, and designated state agency.50-06.5-05. State plan.1.To be eligible to receive financial assistance, the council and the designated state
agency, jointly, shall develop a plan. The plan must provide for review and revision
of the plan at least once every three years to ensure the existence of appropriate
planning, financial support and coordination, and other assistance to appropriately
address on a statewide and comprehensive basis, needs for the state for the
development and support of a statewide network of centers for independent living,
the provision of statewide independent living services, and working relationships
between programs providing independent living services and independent living
centers, and the vocational rehabilitation program established under title I of the
Rehabilitation Act of 1973, as amended, and any other program providing services
to individuals with disabilities.2.The plan shall:a.Specify the objectives to be achieved under the plan and establish timelines for
the achievements of those objectives.b.Explain how the objectives are consistent with and further the purpose of this
chapter.c.Set forth a strategy for the expansion and enhancement of the statewide
network of centers for independent living.d.Describe the purpose, extent, and scope of independent living services and
programs funded by the state.e.Set the priorities for the expenditure of state funds appropriated for the
purposes of this chapter.f.Describe efforts to coordinate federal and state funding for centers for
independent living and independent living services and programs.3.The plan must provide satisfactory assurances that all recipients of financial
assistance will:Page No. 3a.Notify all individuals seeking or receiving services of the availability of the client
assistance program established under section 112 of the Rehabilitation Act of
1973, as amended, the purposes of the services provided under that program,
and how to contact that program;b.Take affirmative action to employ and advance in employment qualified
individuals with disabilities on the same terms and conditions required with
respect to the employment of qualified individuals with disabilities under the
provisions of section 503 of the Rehabilitation Act of 1973, as amended, and
the federal Americans with Disabilities Act;c.Adopt fiscal control and fund accounting procedures necessary to ensure the
proper disbursement of and accounting for funds paid by the state under this
chapter; andd.Maintain other records appropriate to facilitate an effective audit.4.The plan must establish a method for the periodic evaluation of the effectiveness of
the plan in meeting the objectives established, including evaluation of satisfaction by
individuals with disabilities.50-06.5-06. Independent living centers.1.Under the direction set forth in the state plan, the director, in cooperation with the
council, shall award grants to eligible agencies from funds appropriated for this
purpose.2.The director, with the cooperation of the council, may make a grant under this
section to any eligible agency that has the power and authority to carry out the
purposes of this chapter, that is determined by the director and the council to be able
to plan, conduct, administer, and evaluate a center for independent living consistent
with the standards and assurances, and that submits an application to the director
as required.3.In the administration of this section, the designated state agency shall award grants
to any eligible agency that is receiving funds for this purpose on June 30, 1992,
unless the director finds that the agency involved fails to meet program and fiscal
standards and assurances.4.The minimum annual allocation for each center must be established in response to
recommendations of the council. Priority for distribution of these funds is as follows:a.Centers funded through title VII of the Rehabilitation Act of 1973, as amended,
but receiving less than the minimum annual allocation.b.New centers for independent living as planned by the council.c.Expansion of current centers to serve unserved or underserved areas of the
state.5.If there is no center for independent living serving a region or a region is
underserved and funds are sufficient to support an additional center for independent
living within the state, the director may award a grant under this section to the most
qualified applicant consistent with the state plan and setting forth design of the state
for establishing a statewide network of centers for independent living.50-06.5-07. Standards and assurances.Page No. 41.Each center for independent living that receives assistance under this chapter must
comply with the standards set out in subsection 2 to ensure that all programs and
activities are planned, conducted, administered, and evaluated in a manner
consistent with the purposes of this chapter.2.The standards are:a.The center shall promote and practice the independent living philosophy of:(1)Consumer control of the center, regarding decisionmaking, service
delivery, management, and establishment of the policy and direction of
the center;(2)Self-help and self-advocacy;(3)Development of peer relations and peer role models; and(4)Equal access of individuals with disabilities to society and to all services,
programs, activities, resources, and facilities whether public or private
and regardless of the funding source.b.The center shall provide services to individuals with a range of disabilities. The
center shall provide services on a cross-disability basis for individuals with
different types of disabilities, including individuals with disabilities who are
members of populations that are unserved or underserved.Eligibility forservices at any center for independent living may not be based on the presence
of any one or more specific disabilities.c.The center shall facilitate the development and achievement of independent
living goals selected by individuals who seek that assistance by the center.d.The center shall work to increase the availability and improve the quality of
community options for independent living to facilitate the development and
achievement of independent living goals by individuals with disabilities.e.The center shall provide independent living core services and, as appropriate, a
combination of any other independent living services.f.The center shall conduct activities to increase the capacity of communities
within the service area of the center to meet the needs of individuals with
disabilities.g.The center shall conduct resource development activities to obtain funding from
sources other than that available under this chapter.3.The applicant shall provide, as the council may require, satisfactory assurance that:a.The applicant is an eligible agency.b.The center will be designed and operated within local communities by
individuals with disabilities, including an assurance that the center will have a
board that is the principal governing body of the center and a majority of that
board will be composed of individuals with disabilities.c.The applicant will comply with the standards set forth in this section.d.The applicant will establish clear priorities through annual and three-year
programs and financial planning objectives for the center, including overall
goals or mission for the center, a work plan for achieving the goals or mission,Page No. 5specific objectives, services priorities, and types of services to be provided
along with a description that demonstrates how the proposed activities of the
applicant are consistent with the most recent three-year state plan.e.The applicant will use sound organization, personnel assignment practices,
including taking affirmative action to employ and advance in employment
qualified individuals with disabilities on the same terms and conditions required
with respect to the employment of individuals with disabilities under section 503
of the Rehabilitation Act of 1973, as amended, and the federal Americans with
Disabilities Act.f.The applicant will ensure that the majority of its staff, and individuals on its staff
in decisionmaking positions, are individuals with disabilities.g.The applicant will practice sound fiscal management, including making
arrangements for an annual independent fiscal audit.h.The applicant will conduct annual self-evaluations, prepare an annual report,
and maintain records, adequate to measure performance with respect to the
standards containing information regarding, at least:(1)The extent to which the center is in compliance with the standards.(2)The numbers and types of individuals with disabilities receiving services
through the center.(3)The types of services provided through the center and the number of
individuals with disabilities receiving each type of service.(4)The source and amounts of funding for the operation of the center.(5)The number of individuals with disabilities who are employed by, and the
number who are in management and decisionmaking positions in the
center.(6)The comparison, when appropriate, of the activities of the center in prior
years, with the activities of the center in the most recent year.i.Individuals with severe disabilities who are seeking services from the center will
be notified by the center of the existence of the availability of the client
assistance program and a way to contact that program.j.Aggressive outreach, regarding services provided through the center, will be
conducted in an effort to reach populations of individuals with disabilities that
are unserved or underserved by programs under this chapter, especially
minority groups and urban and rural populations.k.Staff at centers for independent living will receive training on how to serve the
unserved and underserved populations, including minority groups and urban
and rural populations.l.The center will submit to the council a copy of its approved grant application
and the annual audit required under subdivision g.m.The center will prepare and submit a report to the designated state agency, at
the end of each fiscal year, that contains the information described in
subdivision h and information regarding the extent to which the center is in
compliance with the standards set forth in subsection 2.Page No. 6n.Each individual receiving independent living services will have an independent
living plan if that individual requests one.4.Services may be provided under this chapter to an individual with a disability
regardless of age, to the parents and family of an individual with a disability, and to
others in the community.50-06.5-08. Independent living services and programs. From sums appropriated inaddition to those allocated for independent living centers, the designated state agency may
allocate funds, pursuant to the state plan:1.To demonstrate ways to expand and improve independent living services.2.To support the operation of centers for independent living.3.To support activities to increase the capacities of centers for independent living to
develop comprehensive approaches or systems for providing independent living
services.4.To conduct studies and analyses, gather information, develop model policies and
procedures, and present information, approaches, strategies, findings, conclusions,
and recommendations to policymakers to enhance independent living services for
individuals with disabilities.5.To train individuals with disabilities and individuals providing services to individuals
with disabilities and other persons regarding the independent living philosophy.6.To provide outreach to populations that are unserved or underserved by programs
under this chapter, including minority groups and urban and rural populations.Page No. 7Document Outlinechapter 50-06.5 independent living centers and services