KRS 210.045: Additional duties -- Requirements as to closure of certain state -owned or

state-operated facilities for persons with an intellectual disability.

(1) The Cabinet for Health and Family Services shall:

(a) Maintain, operate, and assume program responsibi lity for all state institutions

and facilities for intellectual disability;

(b) Provide rehabilitation services for individuals with an intellectual disability

through educational and training programs;

(c) Provide medical and allied services to individual s with an intellectual

disability and their families;

(d) Encourage and assist communities to develop programs and facilities in the

field of intellectual disability;

(e) Sponsor or carry out research, or both, in the field of intellectual disability;

(f) Assist other governmental and private agencies in the development of

programs and services for individuals with an intellectual disability and their

families and for the prevention of intellectual disability, and coordinate

programs and services so developed;

(g) Provide written notice to the Legislative Research Commission of its intent to

propose legislation to permit immediate or gradual closure of any state -owned

or state-operated facility that provides residential services to persons with an

intellectual disability or other developmental disabilities at least sixty (60)

days prior to the next legislative session; and

(h) 1. Provide written notice by registered mail to each resident, his or her

immediate family, if known, and his or her guardian of its i ntent to

propose legislation to permit immediate or gradual closure of any state -

operated facility that provides residential services to persons with an

intellectual disability or other developmental disabilities at least sixty

(60) days prior to the next legislative session; and

2. Include in the written notice provided under this paragraph that the

resident, the resident's immediate family, his or her guardian, or any

other interested party with standing to act on behalf of the resident has

the right to p ursue legal action relating to the notice provisions of this

paragraph and relating to the closure of the facility.

(2) Any state-owned or state -operated facility or group home that provides residential

services to persons with an intellectual disability or other developmental disabilities

and that has been funded by the General Assembly in a specific biennium, shall not

be closed, nor shall the Cabinet for Health and Family Services announce the

pending closure of the facility, during the same biennium exc ept through the

provisions specified by subsection (1) of this section.

(3) The Cabinet for Health and Family Services may close any state -owned or state -

operated facility that provides residential services to persons with an intellectual

disability or other developmental disabilities upon the effective date of an adopted

act of legislation.

(4) When a demonstrated health or safety emergency exists for a facility or a federal

action that requires or necessitates a gradual or immediate closure exists for the

facility, the cabinet may seek relief from the requirements of this section in the

Circuit Court of the county where the facility is located. In these situations:

(a) The cabinet shall provide written notice by registered mail to each resident,

the resident's immediate family, if known, and his or her guardian, at least ten

(10) days prior to filing an emergency petition in the Circuit Court; and

(b) All interested parties, including the cabinet, the resident, his or her immediate

family, his or her guardian, or other interested parties with standing to act on

behalf of the reside nt shall have standing in the proceedings under this

subsection.

(5) Any resident, family member or guardian, or other interested parties, as defined by

KRS 387.510(12) with standing to act on behalf of the resident who wishes to

challenge the decision or actions of the Cabinet for Health and Family Services

regarding the notice requirements of subsection (1) of this section shall have a cause

of action in the Circuit Court of the county in which the facility is located, or in

Franklin Circuit Court. In add ition to other relief allowable by law, the resident,

family member or guardian, or other interested party with standing to act on behalf

of the resident may seek compensatory damages and attorney fees. Punitive

damages shall not be allowable under this section.

(6) Any resident, family member or guardian, or other interested parties, as defined by

KRS 387.510(12) with standing to act on behalf of the resident may challenge the

decision of the state to close a facility in a de novo hearing in the Circuit Co urt of

the county in which the facility is located, or in Franklin Circuit Court. In addition

to other relief allowable by law, the resident, family member or guardian, or other

interested party with standing to act on behalf of the resident may seek

compensatory damages and attorney fees. Punitive damages shall not be allowable

under this section.