39-1805. Powers and duties of community developmental disability organization.

39-1805

Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 18.--DEVELOPMENTAL DISABILITIES REFORM

      39-1805.   Powers and duties of community developmental disabilityorganization.In addition to any other power and duty prescribed by law,andsubject to appropriations, acommunity developmental disability organization shall have the power and dutyto:

      (a)   Directly or by subcontract, serve as a single point of application orreferralfor services, and assist all persons with a developmental disability to haveaccess to and an opportunity to participate in community services, except inthose circumstances in which the secretary determines, subject to an immediatehearing before the district court located in the county in which the personwith a developmental disability resides, participation in community services isnot the appropriate placement for such person because such person is presentlylikely to cause harm to self or others;

      (b)   provide either directly or by subcontract, services to persons with adevelopmental disability, including, but not limited to, eligibilitydetermination; explanation ofavailable services and service providers; case management services, ifrequested; assistance in establishing new providers, if requested; and advocacyfor participation in community services;

      (c)   organize a council of community members, consumers or their familymembersor guardians, and community service providers, composed of a majority ofconsumers or their family members or guardians who shall meet not less thanquarterly to address systems issues, including, but not limited to, planningand implementation of services; and develop and implement a method by whichconsumer complaints, interagency and other intrasystem disputes are resolved;

      (d)   provide, directly or by subcontract, information about affiliate andreferral services to persons with adevelopmental disability whose particular needs can be met in the communityor through government; and

      (e)   ensure that affiliates have the option to review referrals andwaitinglists on a periodic basis to contact potential consumers with informationconcerning their services.

      History:   L. 1995, ch. 234, § 5; Jan. 1, 1996.