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H.764

Introduced by   Representatives Klein of East Montpelier, French of Randolph and Pugh of S. Burlington

Referred to Committee on

Date:

Subject:  Welfare; individuals with developmental disabilities; work supports

Statement of purpose:  This bill proposes to ensure that individuals with developmental disabilities have essential support services after completion of high school.

AN ACT RELATING TO ESSENTIAL SUPPORT SERVICES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  18 V.S.A. § 8722 is amended to read:

§ 8722.  DEFINITIONS

As used in this chapter,:

(1)  “Department” means the department of health.

(2)  “Developmental disability” means a severe, chronic disability of a person that is manifested before the person reaches the age of 18 and results in:

(A)  mental retardation, autism, or pervasive developmental disorder; and

(B)  deficits in adaptive behavior at least two standard deviations below the mean for a normative comparison group.

(3)  “Essential services” means services necessary to allow a person with a developmental disability to function in his or her community and to acquire and maintain employment.

(3)(4)  “Family” means a group of individuals that includes a person with a developmental disability and that:

(A)  is related by blood, marriage, or adoption; or

(B)  considers themselves a family based upon bonds of affection, which, for the purposes of this subdivision, means enduring ties that do not depend upon the existence of an economic relationship.

(4)(5)  “Person with a developmental disability” means a person who is a resident of Vermont and who has a developmental disability.

(5)(6)  “Recipient” means a person with a developmental disability or a family that has been approved to receive services or funding under criteria specified in the system of care plan.

(6)(7)  “Service” means support or service provided, funded, or coordinated by the department.

(7)(8)  “System of care plan” means the plan adopted pursuant to section 8725 of this title and that describes funding and services to be provided to people with developmental disabilities and their families.

Sec. 2.  18 V.S.A. § 8725 is amended to read:

§ 8725.  SYSTEM OF CARE PLAN

(a)  No later than July 1, 1997, and every three years thereafter, the department shall adopt a plan for the nature, extent, allocation, and timing of services that will be provided to people with developmental disabilities and their families.  Notwithstanding any other provision of law, it is not required that the plan be adopted pursuant to chapter 25 of Title 3.  Each plan shall include:

(1)  priorities for continuation of existing programs or development of new programs;

(2)  criteria for receiving services or funding; and

(3)  a process for evaluating and assessing the success of programs; and

(4)  criteria to determine a set of essential services required to be provided to a recipient upon fulfillment of a transition plan developed as part of an individualized education program (IEP) and completion of high school.

* * *

Sec. 3.  18 V.S.A. § 8726(d) is amended to read:

(d)  Any person with a developmental disability or a family who is receiving services on July 1, 1996, through an individualized education program shall continue to receive services upon completion of high school consistent with their the individual’s needs and the system of care plan and the level of need as previously determined by the department for supports or resources needed for the individual to become integrated into the community.

Sec. 4.  IMPLEMENTATION

The agency of human services shall modify the plan required by 18 V.S.A. § 8725(a) to reflect the changes in this act no later than October 1, 2006.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us