§ 40.1-1-9. State council on developmental disabilities. (a) The governor shall establish a state council administratively attached to the university of Rhode Island (hereafter referred to as the "university") and make appropriate provisions for the rotation of membership, and appoint such representatives as are required as a condition of eligibility for benefits under the Developmental Disabilities Assistance and Bill of Rights Act of 2000, public law 106-402, codified at 42 U.S.C. § 15001 et seq., to consult with the directors of the state departments of behavioral healthcare, developmental disabilities and hospitals, human services, children, youth and families, health, and elementary and secondary education in carrying out the purposes of this chapter.

(b) The council shall review and, where appropriate, make findings and recommendations on programs related to the care provided to persons with developmental disabilities including, but not limited to, other services available to them. The council should continue to strive to see that individuals with developmental disabilities receive the substantial care and assistance which can be provided to them and shall continue to monitor, plan, and evaluate, as may be appropriate, those services and supports affording protections to persons with developmental disabilities.

(c) The council shall submit to the U.S. Department of Health and Human Services amendments to its state plan, in compliance with the public notice and other requirements of 42 U.S.C. § 15024 and 45 C.F.R. § 1386.30 and 1386.31, that provide for the council's incorporation as a nonprofit corporation and for the designation of the university of Rhode Island as the state agency that shall, on behalf of the state, provide support to the council. After approval of such amendments, the council shall incorporate as a nonprofit corporation and enter into a memorandum of understanding with the university delineating the roles and responsibilities of the university. Thereafter, the governor shall designate the university as the state agency responsible for providing support services to the council pursuant to 42 U.S.C. § 15025(d) and 45 C.F.R. § 1386.34.

(d) The university shall have the fiscal and other responsibilities of a designated state agency pursuant to 42 U.S.C. § 15025(d) and 45 C.F.R. § 1386.34. As required by 42 U.S.C. § 15024(c)(5)(L), the university and any other agency, office or entity of the state, shall not interfere with the advocacy, capacity building, systemic change activities, budget, personnel, state plan development, or plan implementation of the council.

History of Section. (P.L. 1972, ch. 145, § 1; P.L. 1976, ch. 206, § 1; P.L. 1979, ch. 94, § 1; P.L. 1980, ch. 226, § 18; P.L. 1981, ch. 315, § 1; P.L. 1982, ch. 414, § 16; P.L. 1989, ch. 492, § 1; P.L. 2008, ch. 100, art. 9, § 1.)