{"data":{"id":"us-ky/krs-41.410","jurisdiction":"us-ky","citation":"KRS 41.410","heading":"Commonwealth Council on Developmental Disabilities -- Members --","body":"Executive director -- Duties.\n(1) The Commonwealth Council on Developmental Disabilities is created within the\nDepartment of the Treasury.\n(2) The Commonwealth Council on Devel opmental Disabilities is established to\ncomply with the requirements of the Developmental Disabilities Assistance and Bill\nof Rights Act of 2000 and any subsequent amendment to that act.\n(3) (a) The members of the Commonwealth Council on Developmental Disa bilities\nshall be appointed by the Governor to serve as advocates for persons with\ndevelopmental disabilities. The council shall be composed of twenty -six (26)\nmembers.\n(b) Ten (10) members shall be representatives of: the principal state agencies\nadministering funds provided under the Rehabilitation Act of 1973 as\namended; the state agency that administers funds provided under the\nIndividuals with Disabilities Education Act (IDEA); the state agency that\nadministers funds provided under the Older Americans Act of 1965 as\namended; the single state agency designated by the Governor for\nadministration of Title XIX of the Social Security Act for persons with\ndevelopmental disabilities; higher education training facilities, each\nuniversity-affiliated program or satellite center in the Commonwealth; and the\nprotection and advocacy system established under Public Law 101-496. These\nmembers shall represent the following:\n1. Office of Vocational Rehabilitation;\n2. Division of Blind Services within the Office of Vocati onal\nRehabilitation;\n3. Department of Education;\n4. Department for Aging and Independent Living;\n5. Department for Medicaid Services;\n6. Department of Public Advocacy, Protection and Advocacy Division;\n7. University-affiliated programs;\n8. Local and nongovernmental agencies and private nonprofit groups\nconcerned with services for persons with developmental disabilities;\n9. Department for Behavioral Health, Developmental and Intellectual\nDisabilities; and\n10. Department for Public Health, Division of Maternal and Child Health.\n(c) At least sixty percent (60%) of the members of the council shall be composed\nof persons with developmental disabilities or the parents or guardians of\npersons, or immediate relatives or guardians of persons with ment ally\nimpairing developmental disabilities, who are not managing employees or\npersons with ownership or controlling interest in any other entity that receives\nfunds or provides services under the Developmental Disabilities Assistance\nand Bill of Rights Act of 2000 as amended and who are not employees of a\nstate agency that receives funds or provides services under this section. Of\nthese members, five (5) members shall be persons with developmental\ndisabilities, and five (5) members shall be parents or guardi ans of children\nwith developmental disabilities or immediate relatives or guardians of adults\nwith mentally impairing developmental disabilities who cannot advocate for\nthemselves. Six (6) members shall be a combination of individuals in these\ntwo (2) grou ps, and at least one (1) of these members shall be an immediate\nrelative or guardian of an institutionalized or previously institutionalized\nperson with a developmental disability or an individual with a developmental\ndisability who resides in an instituti on or who previously resided in an\ninstitution.\n(d) Members not representing principal state agencies shall be appointed for a\nterm of three (3) years. Members shall serve no more than two (2) consecutive\nthree (3) year terms. Members shall serve until the ir successors are appointed\nor until they are removed for cause.\n(e) The council shall elect its own chair, adopt bylaws, and operate in accordance\nwith its bylaws. Members of the council who are not state employees shall be\nreimbursed for necessary and ac tual expenses. The Department of the\nTreasury shall provide personnel adequate to ensure that the council has the\ncapacity to fulfill its responsibilities. The council shall be headed by an\nexecutive director. If the executive director position becomes vac ant, the\ncouncil shall be responsible for the recruitment and hiring of a new executive\ndirector.\n(4) The Commonwealth Council on Developmental Disabilities shall:\n(a) Develop and implement the state plan as required by Part B of the\nDevelopmental Disabili ties Assistance and Bill of Rights Act of 2000, as\namended, with a goal of development of a coordinated consumer and family\ncentered focus and direction, including the specification of priority services\nrequired by that plan;\n(b) Monitor, review, and evalu ate, not less often than annually, the\nimplementation and effectiveness of the state plan in meeting the plan's\nobjectives;\n(c) To the maximum extent feasible, review and comment on all state plans that\nrelate to persons with developmental disabilities;\n(d) Submit to the Department of the Treasury and the Secretary of the United\nStates Department of Health and Human Services any periodic reports on its\nactivities as required by the United States Department of Health and Human\nServices and keep records and afford access as the Department of the Treasury\nfinds necessary to verify the reports;\n(e) Serve as an advocate for individuals with developmental disabilities and\nconduct programs, projects, and activities that promote systematic change and\ncapacity building;\n(f) Examine, not less than once every five (5) years, the provision of and need for\nfederal and state priority areas to address, on a statewide and comprehensive\nbasis, urgent needs for services, supports, and other assistance for individuals\nwith developmental disabilities and their families; and\n(g) Prepare, approve, and implement a budget that includes amounts paid to the\nstate under the Developmental Disabilities Assistance and Bill of Rights Act\nof 2000, as amended, to fund all programs, projects, and activities under that\nAct.","path":["KRS Chapter 41"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50931","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:01Z","sha256":"4565ccd31a10bf90604a735f24a1560c93530bdb5631e047b39573b717e12a9b","source_id":"us-ky","stale":false,"prev":"us-ky/krs-41.400","next":"us-ky/krs-41.415"},"notice":"GroundRules: Original legal text. Not legal advice."}
