50-06.5 Independent Living Centers and Services
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<![CDATA[CHAPTER 50-06.5INDEPENDENT LIVING CENTERS AND SERVICES50-06.5-01. Definitions. As used in this chapter, unless the context otherwise requires:1."Center for independent living" means a consumer-controlled, community-based,<br>cross-disability, nonresidential, private, nonprofit agency that is designed and<br>operated within a local community by individuals with disabilities, that provides an<br>array of independent living services and programs, and that does not offer<br>permanent housing among its services.2."Consumer control" means power and authority vested in individuals with disabilities<br>and, when applied to a center for independent living, means at least fifty-one percent<br>of the principal governing board, management, and staff are individuals with<br>disabilities.3."Council" means the statewide independent living council.4."Designated state agency" means the vocational rehabilitation division of the<br>department of human services.5."Director" means the director of the designated state agency.6."Disability" means a physical or mental impairment that substantially limits one or<br>more of the major life activities of an individual, a record of a physical or mental<br>impairment that substantially limits one or more of the major life activities of an<br>individual, or being regarded as having a physical or mental impairment that<br>substantially limits one or more of the major life activities.7."Independent living core services" means information and referral services,<br>independent living skills training, peer counseling, and individual and systems<br>advocacy.8."Independent living services" includes independent living core services and other<br>services and assistance that may include:a.Counseling services, including psychological, psychotherapeutic, and related<br>services;b.Services related to securing housing or shelter;c.Assistive technology;d.Interpreter and reader services;e.Personal assistance services, including attendant care and training of<br>personnel providing those services;f.Surveys, directories, and other activities to identify appropriate housing,<br>recreation opportunities, and accessible transportation and other support<br>services;g.Services and technical assistance related to the implementation of the federal<br>Americans with Disabilities Act and other related state and federal laws;h.Activities supporting, assisting, or maintaining life in the community;i.Transportation, including referral and assistance for transportation;Page No. 1j.Individual and group community integration activities;k.Training to develop skills that promote self-awareness and esteem, develop<br>advocacy and self-empowerment skills, and explore career options;l.Appropriate preventive services to decrease the needs of individuals assisted<br>under this chapter for similar services in the future;m.Community awareness programs to enhance the understanding and integration<br>into society of individuals with disabilities; andn.Other services, as may be necessary, not inconsistent with this chapter.50-06.5-02.Statewide independent living council.A statewide independent livingcouncil is established. The council shall adopt bylaws governing operations of the council. The<br>council shall meet at least quarterly.50-06.5-03. Membership of the council.1.The governor, or an entity designated by the governor, shall appoint the members of<br>the council, except as provided in subdivision b of subsection 2. The appointing<br>authorityshallselectmembersaftersolicitingrecommendationsfromrepresentatives of consumer-controlled organizations representing a broad range of<br>individuals with disabilities.The council shall select a chairman from among itsmembership.2.The council must include:a.A majority of individuals with disabilities who are not state employees.b.At least fifty percent of the directors of the centers for independent living serving<br>the state or the directors' designated representatives as chosen by all the<br>directors of centers for independent living serving the state.c.Ex officio nonvoting members who are representatives from the designated<br>state agency and representatives from other state agencies that provide<br>services to individuals with disabilities.d.Additional members may be:(1)Representatives from centers for independent living;(2)Parents and guardians of individuals with disabilities;(3)Advocates of and for individuals with disabilities;(4)Representatives from private businesses;(5)Representatives from organizations that provide services for individuals<br>with disabilities; and(6)Other appropriate individuals.3.The council must be composed of members who provide statewide representation,<br>who represent a broad range of individuals with disabilities, and who are<br>knowledgeable about the independent living philosophy and centers for independent<br>living services and programs.Page No. 24.A member of the council may not serve more than two consecutive three-year<br>terms. The two consecutive three-year term limit does not include the term of a<br>member appointed to fill a vacancy occurring before the expiration of the term for<br>which appointed or the reduced terms of service of the members initially appointed<br>to provide for the expiration of terms on a staggered basis as specified by the<br>appointing authority. Any vacancy occurring in the membership of the council must<br>be filled in the same manner as the original appointment. A vacancy does not affect<br>the power of the remaining members to execute the duties of the council.50-06.5-04. Duties of the independent living council. The council shall:1.Jointly develop and submit, in conjunction with the designated state agency, the<br>state plan as required.2.Monitor, review, and evaluate the implementation of the state plan.3.Coordinate activities with councils that address the needs of specific disability<br>populations and issues under other federal and state law.4.Prepare reports and make recommendations, as necessary, to the governor,<br>legislative assembly, and designated state agency.50-06.5-05. State plan.1.To be eligible to receive financial assistance, the council and the designated state<br>agency, jointly, shall develop a plan. The plan must provide for review and revision<br>of the plan at least once every three years to ensure the existence of appropriate<br>planning, financial support and coordination, and other assistance to appropriately<br>address on a statewide and comprehensive basis, needs for the state for the<br>development and support of a statewide network of centers for independent living,<br>the provision of statewide independent living services, and working relationships<br>between programs providing independent living services and independent living<br>centers, and the vocational rehabilitation program established under title I of the<br>Rehabilitation Act of 1973, as amended, and any other program providing services<br>to individuals with disabilities.2.The plan shall:a.Specify the objectives to be achieved under the plan and establish timelines for<br>the achievements of those objectives.b.Explain how the objectives are consistent with and further the purpose of this<br>chapter.c.Set forth a strategy for the expansion and enhancement of the statewide<br>network of centers for independent living.d.Describe the purpose, extent, and scope of independent living services and<br>programs funded by the state.e.Set the priorities for the expenditure of state funds appropriated for the<br>purposes of this chapter.f.Describe efforts to coordinate federal and state funding for centers for<br>independent living and independent living services and programs.3.The plan must provide satisfactory assurances that all recipients of financial<br>assistance will:Page No. 3a.Notify all individuals seeking or receiving services of the availability of the client<br>assistance program established under section 112 of the Rehabilitation Act of<br>1973, as amended, the purposes of the services provided under that program,<br>and how to contact that program;b.Take affirmative action to employ and advance in employment qualified<br>individuals with disabilities on the same terms and conditions required with<br>respect to the employment of qualified individuals with disabilities under the<br>provisions of section 503 of the Rehabilitation Act of 1973, as amended, and<br>the federal Americans with Disabilities Act;c.Adopt fiscal control and fund accounting procedures necessary to ensure the<br>proper disbursement of and accounting for funds paid by the state under this<br>chapter; andd.Maintain other records appropriate to facilitate an effective audit.4.The plan must establish a method for the periodic evaluation of the effectiveness of<br>the plan in meeting the objectives established, including evaluation of satisfaction by<br>individuals with disabilities.50-06.5-06. Independent living centers.1.Under the direction set forth in the state plan, the director, in cooperation with the<br>council, shall award grants to eligible agencies from funds appropriated for this<br>purpose.2.The director, with the cooperation of the council, may make a grant under this<br>section to any eligible agency that has the power and authority to carry out the<br>purposes of this chapter, that is determined by the director and the council to be able<br>to plan, conduct, administer, and evaluate a center for independent living consistent<br>with the standards and assurances, and that submits an application to the director<br>as required.3.In the administration of this section, the designated state agency shall award grants<br>to any eligible agency that is receiving funds for this purpose on June 30, 1992,<br>unless the director finds that the agency involved fails to meet program and fiscal<br>standards and assurances.4.The minimum annual allocation for each center must be established in response to<br>recommendations of the council. Priority for distribution of these funds is as follows:a.Centers funded through title VII of the Rehabilitation Act of 1973, as amended,<br>but receiving less than the minimum annual allocation.b.New centers for independent living as planned by the council.c.Expansion of current centers to serve unserved or underserved areas of the<br>state.5.If there is no center for independent living serving a region or a region is<br>underserved and funds are sufficient to support an additional center for independent<br>living within the state, the director may award a grant under this section to the most<br>qualified applicant consistent with the state plan and setting forth design of the state<br>for establishing a statewide network of centers for independent living.50-06.5-07. Standards and assurances.Page No. 41.Each center for independent living that receives assistance under this chapter must<br>comply with the standards set out in subsection 2 to ensure that all programs and<br>activities are planned, conducted, administered, and evaluated in a manner<br>consistent with the purposes of this chapter.2.The standards are:a.The center shall promote and practice the independent living philosophy of:(1)Consumer control of the center, regarding decisionmaking, service<br>delivery, management, and establishment of the policy and direction of<br>the center;(2)Self-help and self-advocacy;(3)Development of peer relations and peer role models; and(4)Equal access of individuals with disabilities to society and to all services,<br>programs, activities, resources, and facilities whether public or private<br>and regardless of the funding source.b.The center shall provide services to individuals with a range of disabilities. The<br>center shall provide services on a cross-disability basis for individuals with<br>different types of disabilities, including individuals with disabilities who are<br>members of populations that are unserved or underserved.Eligibility forservices at any center for independent living may not be based on the presence<br>of any one or more specific disabilities.c.The center shall facilitate the development and achievement of independent<br>living goals selected by individuals who seek that assistance by the center.d.The center shall work to increase the availability and improve the quality of<br>community options for independent living to facilitate the development and<br>achievement of independent living goals by individuals with disabilities.e.The center shall provide independent living core services and, as appropriate, a<br>combination of any other independent living services.f.The center shall conduct activities to increase the capacity of communities<br>within the service area of the center to meet the needs of individuals with<br>disabilities.g.The center shall conduct resource development activities to obtain funding from<br>sources other than that available under this chapter.3.The applicant shall provide, as the council may require, satisfactory assurance that:a.The applicant is an eligible agency.b.The center will be designed and operated within local communities by<br>individuals with disabilities, including an assurance that the center will have a<br>board that is the principal governing body of the center and a majority of that<br>board will be composed of individuals with disabilities.c.The applicant will comply with the standards set forth in this section.d.The applicant will establish clear priorities through annual and three-year<br>programs and financial planning objectives for the center, including overall<br>goals or mission for the center, a work plan for achieving the goals or mission,Page No. 5specific objectives, services priorities, and types of services to be provided<br>along with a description that demonstrates how the proposed activities of the<br>applicant are consistent with the most recent three-year state plan.e.The applicant will use sound organization, personnel assignment practices,<br>including taking affirmative action to employ and advance in employment<br>qualified individuals with disabilities on the same terms and conditions required<br>with respect to the employment of individuals with disabilities under section 503<br>of the Rehabilitation Act of 1973, as amended, and the federal Americans with<br>Disabilities Act.f.The applicant will ensure that the majority of its staff, and individuals on its staff<br>in decisionmaking positions, are individuals with disabilities.g.The applicant will practice sound fiscal management, including making<br>arrangements for an annual independent fiscal audit.h.The applicant will conduct annual self-evaluations, prepare an annual report,<br>and maintain records, adequate to measure performance with respect to the<br>standards containing information regarding, at least:(1)The extent to which the center is in compliance with the standards.(2)The numbers and types of individuals with disabilities receiving services<br>through the center.(3)The types of services provided through the center and the number of<br>individuals with disabilities receiving each type of service.(4)The source and amounts of funding for the operation of the center.(5)The number of individuals with disabilities who are employed by, and the<br>number who are in management and decisionmaking positions in the<br>center.(6)The comparison, when appropriate, of the activities of the center in prior<br>years, with the activities of the center in the most recent year.i.Individuals with severe disabilities who are seeking services from the center will<br>be notified by the center of the existence of the availability of the client<br>assistance program and a way to contact that program.j.Aggressive outreach, regarding services provided through the center, will be<br>conducted in an effort to reach populations of individuals with disabilities that<br>are unserved or underserved by programs under this chapter, especially<br>minority groups and urban and rural populations.k.Staff at centers for independent living will receive training on how to serve the<br>unserved and underserved populations, including minority groups and urban<br>and rural populations.l.The center will submit to the council a copy of its approved grant application<br>and the annual audit required under subdivision g.m.The center will prepare and submit a report to the designated state agency, at<br>the end of each fiscal year, that contains the information described in<br>subdivision h and information regarding the extent to which the center is in<br>compliance with the standards set forth in subsection 2.Page No. 6n.Each individual receiving independent living services will have an independent<br>living plan if that individual requests one.4.Services may be provided under this chapter to an individual with a disability<br>regardless of age, to the parents and family of an individual with a disability, and to<br>others in the community.50-06.5-08. Independent living services and programs. From sums appropriated inaddition to those allocated for independent living centers, the designated state agency may<br>allocate funds, pursuant to the state plan:1.To demonstrate ways to expand and improve independent living services.2.To support the operation of centers for independent living.3.To support activities to increase the capacities of centers for independent living to<br>develop comprehensive approaches or systems for providing independent living<br>services.4.To conduct studies and analyses, gather information, develop model policies and<br>procedures, and present information, approaches, strategies, findings, conclusions,<br>and recommendations to policymakers to enhance independent living services for<br>individuals with disabilities.5.To train individuals with disabilities and individuals providing services to individuals<br>with disabilities and other persons regarding the independent living philosophy.6.To provide outreach to populations that are unserved or underserved by programs<br>under this chapter, including minority groups and urban and rural populations.Page No. 7Document Outlinechapter 50-06.5 independent living centers and services]]>