205.968. Facilities authorized--persons to be served, limitations, definitions.
Facilities authorized--persons to be served, limitations,definitions.
205.968. 1. As set forth in section 205.971, when a levy is approvedby the voters, the governing body of any county or city not within a countyof this state shall establish a board of directors. The board of directorsshall be a legal entity empowered to establish and/or operate a shelteredworkshop as defined in section 178.900, RSMo, residence facilities, orrelated services, for the care or employment, or both, of handicappedpersons. The facility may operate at one or more locations in the countyor city not within a county. Once established, the board may, in its ownname engage in and contract for any and all types of services, actions orendeavors, not contrary to the law, necessary to the successful andefficient prosecution and continuation of the business and purposes forwhich it is created, and may purchase, receive, lease or otherwise acquire,own, hold, improve, use, sell, convey, exchange, transfer, and otherwisedispose of real and personal property, or any interest therein, or otherassets wherever situated and may incur liability and may borrow money atrates of interest up to the market rate published by the Missouri divisionof finance. The board shall be taken and considered as a "politicalsubdivision" as the term is defined in section 70.600, RSMo, for thepurposes of sections 70.600 to 70.755, RSMo.
2. Services may only be provided for those persons defined ashandicapped persons in section 178.900, RSMo, and those persons defined ashandicapped persons in this section whether or not employed at the facilityor in the community, and for persons who are handicapped due todevelopmental disability. Persons having substantial functionallimitations due to a mental illness as defined in section 630.005, RSMo,shall not be eligible for services under the provisions of sections 205.968to 205.972 except that those persons may participate in services under theprovisions of sections 205.968 to 205.972. All persons otherwise eligiblefor facilities or services under this section shall be eligible regardlessof their age; except that, individuals employed in sheltered workshops mustbe at least sixteen years of age. The board may, in its discretion, imposelimitations with respect to individuals to be served and services to beprovided. Such limitations shall be reasonable in the light of availablefunds, needs of the persons and community to be served as assessed by theboard, and the appropriateness and efficiency of combining services topersons with various types of handicaps or disabilities.
3. For the purposes of sections 205.968 to 205.972, the term
(1) "Developmental disability" shall mean either or both paragraph(a) or (b) of this subsection:
(a) A disability which is attributable to mental retardation,cerebral palsy, autism, epilepsy, a learning disability related to a braindysfunction or a similar condition found by comprehensive evaluation to beclosely related to such conditions, or to require habilitation similar tothat required for mentally retarded persons; and
a. Which originated before age eighteen; and
b. Which can be expected to continue indefinitely;
(b) A developmental disability as defined in section 630.005, RSMo;
(2) "Handicapped person" shall mean a person who is lower rangeeducable or upper range trainable mentally retarded or a person who has adevelopmental disability.
(L. 1969 S.B. 40 § 1, A.L. 1975 H.B. 240, A.L. 1984 H.B. 1385, A.L. 1990 H.B. 1383, A.L. 1993 S.B. 366, A.L. 1995 H.B. 416, et al.)