§ 40.1-1-9 - State council on developmental disabilities.
SECTION 40.1-1-9
§ 40.1-1-9 State council on developmentaldisabilities. – (a) The governor shall establish a state council administratively attached tothe university of Rhode Island (hereafter referred to as the "university") andmake appropriate provisions for the rotation of membership, and appoint suchrepresentatives as are required as a condition of eligibility for benefitsunder the Developmental Disabilities Assistance and Bill of Rights Act or 2000,public law 106-402, codified at 42 U.S.C. section 150001 et seq., to consultwith the directors of the state departments of mental health, retardation, andhospitals, human services, children, youth, and families, health, andelementary and secondary education in carrying out the purposes of this chapter.
(b) The council shall review and, where appropriate, makefindings and recommendations on programs related to the care provided topersons with developmental disabilities including, but not limited to, otherservices available to them. The council should continue to strive to see thatindividuals with developmental disabilities receive the substantial care andassistance which can be provided to them and shall continue to monitor, plan,and evaluate, as may be appropriate, those services and supports affordingprotections to persons with developmental disabilities.
(c) The council shall submit to the U.S. Department of Healthand Human Services amendments to its state plan, in compliance with the publicnotice and other requirements of 42 U.S.C. § 15024 and 45 C.F.R. §1386.30 and 1386.31, that provide for the council's incorporation as anonprofit corporation and for the designation of the university of Rhode Islandas the state agency that shall, on behalf of the state, provide support to thecouncil. After approval of such amendments, the council shall incorporate as anonprofit corporation and enter into a memorandum of understanding with theuniversity delineating the roles and responsibilities of the university.Thereafter, the governor shall designate the university as the state agencyresponsible for providing support services to the council pursuant to 42 U.S.C.§ 15025(d) and 45 C.F.R. § 1386.34.
(d) The university shall have the fiscal and otherresponsibilities of a designated state agency pursuant to 42 U.S.C. §15025(d) and 45 C.F.R. § 1386.34. As required by 42 U.S.C. §15024(c)(5)(L), the university and any other agency, office or entity of thestate, shall not interfere with the advocacy, capacity building, systemicchange activities, budget, personnel, state plan development, or planimplementation of the council.