62A-5-102 - Division of Services for People with Disabilities -- Creation -- Authority -- Direction -- Provision of services.
62A-5-102. Division of Services for People with Disabilities -- Creation -- Authority-- Direction -- Provision of services.
(1) There is created within the department the Division of Services for People withDisabilities, under the administrative direction of the executive director of the department.
(2) In accordance with this chapter, the division has the responsibility to plan and deliveran appropriate array of services and supports to persons with disabilities and their families in thisstate.
(3) Within appropriations from the Legislature, the division shall provide services to anyperson with a disability who is eligible to receive division services.
(4) The needs of a person described in Subsection (3) shall be evaluated based on the:
(a) severity of the disability;
(b) urgency of the need for services;
(c) ability of a parent or guardian to provide the person with appropriate care andsupervision; and
(d) length of time during which the person has not received services from the division.
(5) The division:
(a) has the functions, powers, duties, rights, and responsibilities described in Section62A-5-103; and
(b) is authorized to work in cooperation with other state, governmental, and privateagencies to carry out the responsibilities described in Subsection (5)(a).
(6) Within appropriations authorized by the Legislature, and to the extent allowed underTitle XIX of the Social Security Act, the division shall ensure that the services and support thatthe division provides to any person with a disability:
(a) are provided in the least restrictive and most enabling environment;
(b) ensure opportunities to access employment; and
(c) enable reasonable personal choice in selecting services and support that:
(i) best meet individual needs; and
(ii) promote:
(A) independence;
(B) productivity; and
(C) integration in community life.
(7) (a) Appropriations to the division are nonlapsing.
(b) Funds unexpended by the division at the end of the fiscal year may be used only forone-time expenditures unless otherwise authorized by the Legislature.
Amended by Chapter 61, 2005 General Session