41.410 Commonwealth Council on Developmental Disabilities -- Members --
868 words·~4 min read·
/ky/41-410A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Executive director -- Duties.
(1)The Commonwealth Council on Developmental Disabilities is created within the
Department of the Treasury.
(2)The Commonwealth Council on Developmental Disabilities is established to
comply with the requirements of the Developmental Disabilities Assistance and Bill
of Rights Act of 2000 and any subsequent amendment to that act.
(a)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
members.
(b)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. Division of Blind Services within the Office of Vocational
Rehabilitation;
3. 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.
(c)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 Assistance
and Bill of Rights Act of 2000 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.
(d)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.
(e)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 Department of the
Treasury shall provide personnel adequate to ensure 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 Commonwealth Council on Developmental Disabilities shall:
(a)Develop and implement the state plan as required by Part B of the
Developmental Disabilities Assistance and Bill of Rights Act of 2000, 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 Department of the Treasury 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 Department of the Treasury
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 Assistance and Bill of Rights Act
of 2000, as amended, to fund all programs, projects, and activities under that
Act.