Kentucky Statutes 41.410 – Commonwealth Council on Developmental Disabilities — Members — Executive director — Duties
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(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.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 26, sec. 3, effective June 29, 2021. — Amended
2019 Ky. Acts ch. 125, sec. 1, effective June 27, 2019; and ch. 146, sec. 4, effective June 27, 2019. — Repealed, reenacted as KRS § 41.410, and amended 2018 Ky. Acts ch. 95, sec. 1, effective July 14, 2018. — Amended 2016 Ky. Acts ch. 18, sec. 3, effective July 15, 2016. — Amended 2012 Ky. Acts ch, 146, sec. 22, effective July
12, 2012; and ch. 158, sec. 17, effective July 12, 2012. — Amended 2007 Ky. Acts ch. 24, sec. 5, effective June 26, 2007. — Amended 2006 Ky. Acts ch. 211, sec. 118, effective July 12, 2006. — Amended 2005 Ky. Acts ch. 99, sec. 156, effective June
20, 2005; and ch. 138, sec. 3, effective June 20, 2005. — Amended 2002 Ky. Acts ch.
59, sec. 1, effective July 15, 2002. — Amended 2000 Ky. Acts ch. 20, sec. 1, effective
July 14, 2000. — Created 1998 Ky. Acts ch. 426, sec. 14, effective July 15, 1998.
Formerly codified as KRS § 194A.135.
Legislative Research Commission Note (6/29/2021). Under the authority of KRS
7.136(1), the Reviser of Statutes has altered the format of the text in subsection (3) of this statute during codification. The words in the text were not changed.
Department of the Treasury.
Terms Used In Kentucky Statutes 41.410
- Agency: means any state administrative body, program cabinet, office, department, or division. See Kentucky Statutes 41.010
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Secretary: means the secretary of the Finance and Administration Cabinet. See Kentucky Statutes 41.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Year: means calendar year. See Kentucky Statutes 446.010
(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.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 26, sec. 3, effective June 29, 2021. — Amended
2019 Ky. Acts ch. 125, sec. 1, effective June 27, 2019; and ch. 146, sec. 4, effective June 27, 2019. — Repealed, reenacted as KRS § 41.410, and amended 2018 Ky. Acts ch. 95, sec. 1, effective July 14, 2018. — Amended 2016 Ky. Acts ch. 18, sec. 3, effective July 15, 2016. — Amended 2012 Ky. Acts ch, 146, sec. 22, effective July
12, 2012; and ch. 158, sec. 17, effective July 12, 2012. — Amended 2007 Ky. Acts ch. 24, sec. 5, effective June 26, 2007. — Amended 2006 Ky. Acts ch. 211, sec. 118, effective July 12, 2006. — Amended 2005 Ky. Acts ch. 99, sec. 156, effective June
20, 2005; and ch. 138, sec. 3, effective June 20, 2005. — Amended 2002 Ky. Acts ch.
59, sec. 1, effective July 15, 2002. — Amended 2000 Ky. Acts ch. 20, sec. 1, effective
July 14, 2000. — Created 1998 Ky. Acts ch. 426, sec. 14, effective July 15, 1998.
Formerly codified as KRS § 194A.135.
Legislative Research Commission Note (6/29/2021). Under the authority of KRS
7.136(1), the Reviser of Statutes has altered the format of the text in subsection (3) of this statute during codification. The words in the text were not changed.