210.045 Additional duties -- Requirements as to closure of certain state-owned or
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/ky/210-045A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
state-operated facilities for persons with an intellectual disability.
(1)The Cabinet for Health and Family Services shall:
(a)Maintain, operate, and assume program responsibility for all state institutions
and facilities for intellectual disability;
(b)Provide rehabilitation services for individuals with an intellectual disability
through educational and training programs;
(c)Provide medical and allied services to individuals with an intellectual
disability and their families;
(d)Encourage and assist communities to develop programs and facilities in the
field of intellectual disability;
(e)Sponsor or carry out research, or both, in the field of intellectual disability;
(f)Assist other governmental and private agencies in the development of
programs and services for individuals with an intellectual disability and their
families and for the prevention of intellectual disability, and coordinate
programs and services so developed;
(g)Provide written notice to the Legislative Research Commission of its intent to
propose legislation to permit immediate or gradual closure of any state-owned
or state-operated facility that provides residential services to persons with an
intellectual disability or other developmental disabilities at least sixty
days prior to the next legislative session; and
(h)1. Provide written notice by registered mail to each resident, his or her
immediate family, if known, and his or her guardian of its intent to
propose legislation to permit immediate or gradual closure of any state-
operated facility that provides residential services to persons with an
intellectual disability or other developmental disabilities at least sixty
(60)days prior to the next legislative session; and
2. Include in the written notice provided under this paragraph that the
resident, the resident's immediate family, his or her guardian, or any
other interested party with standing to act on behalf of the resident has
the right to pursue legal action relating to the notice provisions of this
paragraph and relating to the closure of the facility.
(2)Any state-owned or state-operated facility or group home that provides residential
services to persons with an intellectual disability or other developmental disabilities
and that has been funded by the General Assembly in a specific biennium, shall not
be closed, nor shall the Cabinet for Health and Family Services announce the
pending closure of the facility, during the same biennium except through the
provisions specified by subsection
(1)of this section.
(3)The Cabinet for Health and Family Services may close any state-owned or state-
operated facility that provides residential services to persons with an intellectual
disability or other developmental disabilities upon the effective date of an adopted
act of legislation.
(4)When a demonstrated health or safety emergency exists for a facility or a federal
action that requires or necessitates a gradual or immediate closure exists for the
facility, the cabinet may seek relief from the requirements of this section in the
Circuit Court of the county where the facility is located. In these situations:
(a)The cabinet shall provide written notice by registered mail to each resident,
the resident's immediate family, if known, and his or her guardian, at least ten
(10)days prior to filing an emergency petition in the Circuit Court; and
(b)All interested parties, including the cabinet, the resident, his or her immediate
family, his or her guardian, or other interested parties with standing to act on
behalf of the resident shall have standing in the proceedings under this
subsection.
(5)Any resident, family member or guardian, or other interested parties, as defined by
KRS 387.510(12) with standing to act on behalf of the resident who wishes to
challenge the decision or actions of the Cabinet for Health and Family Services
regarding the notice requirements of subsection
(1)of this section shall have a cause
of action in the Circuit Court of the county in which the facility is located, or in
Franklin Circuit Court. In addition to other relief allowable by law, the resident,
family member or guardian, or other interested party with standing to act on behalf
of the resident may seek compensatory damages and attorney fees. Punitive
damages shall not be allowable under this section.
(6)Any resident, family member or guardian, or other interested parties, as defined by
KRS 387.510(12) with standing to act on behalf of the resident may challenge the
decision of the state to close a facility in a de novo hearing in the Circuit Court of
the county in which the facility is located, or in Franklin Circuit Court. In addition
to other relief allowable by law, the resident, family member or guardian, or other
interested party with standing to act on behalf of the resident may seek
compensatory damages and attorney fees. Punitive damages shall not be allowable
under this section.