KRS § 41.410 — KY Code / Title VI / Chapter 41 / Section 41.410
41.410 Commonwealth Council on Developmental Disabilities -- Members -- Executive director -- Duties
Status: in_force

41.410 Commonwealth Council on Developmental Disabilities -- Members --

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.

(3) (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 (26)

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.