(b) At least 60% of the membership of the state council shall consist of persons who are:
(1) Persons with developmental disabilities or parents or guardians of such persons; or
(2) Immediate relatives or guardians of persons with mentally impairing developmental disabilities and who are not (A) employees of a state agency which receives funds or provides services under the federal rehabilitation act, or (B) managing employees (as defined in 42 U.S.C. 1320a-5 in effect on the effective date of this act) of any other entity which receives funds or provides services under the federal rehabilitation act of 1973 (29 U.S.C. 701 et seq.), as amended.
(c) Of the members of the state council described in subsection (b):
(1) At least one-third shall be persons with developmental disabilities; and
(2) At least one-third shall be individuals described in paragraph (2) of subsection (b), and at least one of such individuals shall be an immediate relative or guardian of an institutionalized person with a developmental disability, or shall be an individual with a developmental disability who resides or previously resided in an institution.
History: L. 1967, ch. 480, § 1; L. 1972, ch. 310, § 1; L. 1979, ch. 254, § 1; L. 2002, ch. 197, § 2; July 1.
(1) Study the problems of prevention, education, rehabilitation and other programs affecting the general welfare of the developmentally disabled.
(2) Monitor, review and evaluate, at least annually, the implementation of the state plan for developmental disabilities.
(3) Review and comment, to the maximum extent feasible, on all state plans in the state which relate to programs affecting persons with developmental disabilities.
(4) Submit to the secretary of health and human services, through the governor, such periodic reports on its activities as the secretary of health and human services may reasonably request and keep such records and afford such access thereto as the secretary of health and human services finds necessary to verify such reports. In accordance with federal laws, the state plan for developmental disabilities shall be prepared jointly by the division of the department of social and rehabilitation services that is responsible for programs for developmental disabilities and the state council.
(5) Study the various state programs for the developmentally disabled and shall have power to make suggestions and recommendations to the various state departments for the coordination and improvements of such programs.
(b) The council may make proposed legislative recommendations having as a function the more efficient, economic and effective realization of intent, purpose and goal of the various programs for the developmentally disabled.
(c) Each state agency represented by membership on the council is hereby authorized to furnish such information, data, reports and statistics requested by the council.
History: L. 1967, ch. 480, § 2; L. 1972, ch. 310, § 2; L. 1979, ch. 254, § 2; L. 1995, ch. 234, § 19; L. 2002, ch. 197, § 3; July 1.
History: L. 1967, ch. 480, § 3; L. 1972, ch. 310, § 3; L. 1979, ch. 254, § 3; L. 2002, ch. 197, § 4; July 1.
History: L. 1972, ch. 310, § 4; L. 1974, ch. 348, § 79; L. 1975, ch. 416, § 12; L. 1979, ch. 254, § 4; L. 2002, ch. 197, § 5; July 1.
History: L. 1972, ch. 310, § 5; L. 1979, ch. 254, § 5; L. 1995, ch. 234, § 20; L. 2002, ch. 197, § 6; July 1.
History: L. 1979, ch. 254, § 6; Repealed, L. 2002, ch. 197, § 8; July 1.
(1) Any developmentally disabled or mentally ill person who is a client of the agency and has authorized access or if such person's legal guardian, conservator or other legal representative has authorized such access.
(2) Any developmentally disabled or mentally ill person, including a person who has died or whose whereabouts is unknown, whose physical or mental condition will not allow such person to grant the agency authorization to access if:
(A) A complaint has been received by the agency from or on behalf of such person or there is probable cause to believe, as a result of monitoring or other activities, that such person has been subject to abuse or neglect; and
(B) such person does not have a legal guardian, conservator or other legal representative, or the state or a designee of the state is the legal guardian of such person.
(3) Any person with a developmental disability who has a legal guardian, conservator or other legal representative with respect to whom a complaint has been received by the agency or with respect to whom there is probable cause to believe the health or safety of the individual is in serious and immediate jeopardy whenever:
(A) Such representative has been contacted by the agency upon receipt of the name and address of such representative;
(B) the agency has offered assistance to such representative to resolve the situation; and
(C) such representative has failed or refused to act on behalf of the person.
(b) The agency shall maintain the confidentiality of any records it obtains under this section to the same extent as is required by the facility, agency, person or other entity from which such records are obtained.
(c) As used in this section, "records" include reports prepared by any staff of a facility rendering care and treatment or reports prepared by an agency charged with investigating reports of incidents of abuse, neglect, injury or death occurring at such facility that describe incidents of abuse, neglect, injury or death occurring at such facility, and the steps taken to investigate such incidents, and discharge planning records.
History: L. 1985, ch. 269, § 2; L. 1988, ch. 305, § 2; L. 1991, ch. 240, § 1; July 1.