Introduced by Representatives Klein of East Montpelier, French of Randolph and Pugh of S. Burlington
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
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.
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.
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;
for receiving services or funding;
(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.
The Vermont General Assembly
115 State Street