§56-198.11b. Public policy - Strategic Planning Committee on the
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/ok/title-56-poor-persons/56-198-11b·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Olmstead Decision.
A. It is the public policy of the State of Oklahoma to:
1. Recognize and support individuals with disabilities by treating them with dignity and respect as productive members of our society in Oklahoma;
2. Acknowledge their contributions as productive and independent citizens in the state and the useful work they perform in their local communities;
3. Support a service delivery system for individuals with disabilities ensuring that the individuals, their families, or guardians are well informed as to the types of services and resources available to such individuals in order to encourage their independence, self-esteem, and self-worth, regardless of the severity of the disability; and
4. Recognize that self-choice on the part of individuals with disabilities is critical and that the most appropriate setting for meeting their needs should be a paramount consideration when determining appropriate placement of such individuals in community- based programs, residential care facilities, or any other placement or service that benefits the needs and well-being of individuals with disabilities.
B. There is hereby created the Strategic Planning Committee on the Olmstead Decision to continue until July 1, 2010. The purpose of the Committee is to monitor the implementation of the comprehensive, strategic plan for the State of Oklahoma regarding the Olmstead Decision.
C. The Strategic Planning Committee on the Olmstead Decision shall be composed of fifteen
(15)appointed members, eighteen
(18)ex officio members, and representatives from disability-related organizations, all of whom shall be voting members, as follows:
1. a. The Governor shall appoint:
(1)one person who is a community placement service
provider for persons with disabilities,
(2)one person who is an advocate for persons with
disabilities,
(3)one parent or personal representative of a person
with disabilities,
(4)one member from an organization that provides
direct care services within the Advantage Waiver
Program, and
(5)one member who is a consumer of disability
services.
b. The President Pro Tempore of the Senate shall appoint:
(1)two members of the State Senate,
(2)two members who are consumers of disability
services, and
(3)one member with a disability who has moved from
an institutional setting into the community.
c. The Speaker of the House of Representatives shall
appoint:
(1)two members of the House of Representatives,
one parent or personal representative of a person
with disabilities,
(3)one member who is a consumer of disability
services, and
(4)one member with a disability who has moved from
an institutional setting into the community;
2. The ex officio voting members shall be:
a. the Attorney General, or designee,
b. the Director of the Department of Human Services, or
designee,
c. the Division Director of the Developmental
Disabilities Division of the Department of Human
Services, if not the designee of the Director of Human
Services,
d. the State Commissioner of Health, or designee,
e. the Commissioner of the Department of Mental Health
and Substance Abuse Services, or designee,
f. the Administrator of the Oklahoma Health Care
Authority, or designee,
g. the Director of the Office of Management and
Enterprise Services, or designee,
h. the Director of the State Department of Rehabilitation
Services, or designee,
i. the Director of the Office of Disability Concerns, or
designee,
j. the Director of the Oklahoma Employment Security
Commission, or designee,
k. the state coordinator for the federal Ticket To Work
and Work Incentive Act, if not the designee of the
Oklahoma Employment Security Director,
l. the Executive Director of a local housing authority,
or designee,
m. the Executive Director of the Oklahoma Housing Finance
Agency, or designee,
n. the State Superintendent of Public Instruction, or
designee,
o. the Director of the Department of Transportation, or
designee,
p. the Commissioner of Labor, or designee,
q. a representative from a local transit authority, or
from a Community Action Agency, that provides
transportation services to individuals with
disabilities, and
r. the Director of the Oklahoma Commission on Children
and Youth, or designee; and
3. The membership shall also include as voting members:
a.
one representative from the Developmental Disabilities
Council,
b. one representative from the Statewide Independent
Living Council,
c. two representatives from the Centers for Independent
Living,
d. one representative from the Center for Learning and
Leadership,
e. one representative from the Oklahoma Disability Law
Center,
f. one representative from ABLE-Tech,
g. one representative from the Oklahoma Mental Health
Consumer Council, and
h. a representative of a nonprofit agency, in a county of
five hundred thousand (500,000) or more population,
that collaborates on programs and services for persons
with disabilities.
D. 1. Members shall serve at the pleasure of their appointing authorities. A vacancy on the Committee shall be filled by the original appointing authority.
2. A majority of the members of the Committee shall constitute a quorum. A majority of the members present at a meeting may act for the Committee.
3. The President Pro Tempore and the Speaker shall each designate a cochair from among the members of the Committee.
4. The cochairs of the Committee shall annually establish a schedule of each year's meetings. The Committee shall meet at least four times annually.
5. Proceedings of all meetings of the Committee shall comply with the provisions of the Oklahoma Open Meeting Act.
6. The Committee may divide into subcommittees in furtherance of its purpose.
E. 1. The Department of Human Services and the Office of the Attorney General shall serve as lead agencies and as such shall provide primary staffing for the Committee. Appropriate personnel from the Oklahoma Health Care Authority and the Department of Mental Health and Substance Abuse Services shall also assist with the work of the Committee.
2. The Committee may use the expertise and services of the staffs of the State Senate and the House of Representatives and may, as necessary, employ and contract for the advice and services of experts in the field as well as other necessary professional and clerical staff.
F. All departments, officers, agencies, and employees of this state shall cooperate with the Committee in fulfilling its duties and responsibilities including, but not limited to, providing any information, records, or reports requested by the Committee.
G. Members of the Committee shall receive no compensation for their service, but shall receive travel reimbursement as follows:
1. Legislative members of the Committee shall be reimbursed for necessary travel expenses incurred in the performance of their duties in accordance with the provisions of Section 456 of Title 74 of the Oklahoma Statutes; and
2. Nonlegislative members of the Committee shall be reimbursed by their appointing authorities or respective agencies for necessary travel expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act.
H. The duties and responsibilities of the Strategic Planning Committee on the Olmstead Decision shall include, but need not be limited to:
a. monitoring the implementation of the comprehensive,
strategic plan for Oklahomans with disabilities,
pursuant to the Olmstead Decision,
b. reviewing the service delivery system within the state
and the way in which persons with disabilities
currently access the services,
c. reviewing existing statutes, policies, programs,
services and funding sources that affect Oklahomans
with disabilities, including, but not limited to,
identifying unique approaches and strategies to
funding,
d. identifying and reviewing funding and resource
information available to persons with disabilities and
their families in this state,
e. identifying gaps and barriers in programs and services
to individuals with disabilities and making any
recommendations to enhance programs and the delivery
system for persons with disabilities in Oklahoma,
f. examining the feasibility of expanding the eligibility
criteria for people served by the Developmental
Disabilities Services Division of the Department of
Human Services to include people with disabilities who
are not eligible for the Advantage Waiver program
through the Aging Services Division and those with
other diagnoses who are at risk of out-of-home
placement,
g. studying the feasibility and impact of requiring that
assistive technology suppliers in this state meet
national certification requirements, and
h. taking all other actions necessary to monitor and
assist with the implementation of the comprehensive
strategic plan.
I. The Committee shall prepare and submit a report of its findings and recommendations to the Legislature and Governor by July
15, 2007, and each July 15 thereafter, and shall submit a final report by July 1, 2010. Added by Laws 2005, c. 434, § 6, eff. July 1, 2005. Amended by Laws 2006, c. 296, § 1, eff. Nov. 1, 2006; Laws 2007, c. 98, § 1, eff. Nov. 1, 2007; Laws 2007, c. 270, § 1, emerg. eff. June 4, 2007; Laws 2012, c. 304, § 233.