§ 8909. Boards of directors of nonprofit corporations designated as community mental health and developmental disability agencies

(a) The board of a nonprofit corporation that is designated by the Commissioner of Mental Health or of Disabilities, Aging, and Independent Living to be a community mental health and developmental disability agency shall be representative of the demographic makeup of the area served by the agency. A majority of the members of the board shall be composed of both individuals who are or were eligible to receive services from an agency because of their disability, and family members of an individual who is or was eligible to receive services because of his or her disability. The board president shall survey board members on an annual basis and shall certify to the Commissioner that the composition of the board is comprised of a majority as required by this section. This composition of the board shall be confirmed by the organization's annual independent audit. Annually, the board shall determine whether or not this disclosure shall be made available to the public on request. The board shall have overall responsibility and control of the planning and operation of the community mental health agency.

(b) The board shall direct the development of the local community services plan and shall consult with the Commissioners, with consumers, with other organizations representing persons receiving services, persons with developmental disabilities, and children and adolescents with a severe emotional disturbance, and with other governmental or private agencies that provide community services to the people served by the agency to determine the needs of the community for mental health and developmental disability services, and the priority need for service. The plan shall encourage utilization of existing agencies, professional personnel, and public funds at both State and local levels in order to improve the effectiveness of mental health and developmental disability services and to prevent unnecessary duplication of expenditures.

(c) For the purpose of this section:

(1) "Disability" means, with respect to an individual,

(A) a physical or mental impairment, including alcoholism and substance abuse as defined by the Americans with Disabilities Act, that substantially limits one or more of the major life activities of the individual;

(B) a record of such an impairment; or

(C) being regarded as having such an impairment.

(2) "Family member" means an individual who is related to the individual with a disability by blood, marriage, or adoption, or considers himself or herself to be family based upon bonds of affection, and who currently shares a household with the individual with a disability or has, in the past, shared a household with that individual. For the purposes of this section, "bonds of affection" means enduring ties that do not depend on the existence of an economic relationship.

(3) "Commissioner" means either the Commissioner of Mental Health or the Commissioner of Disabilities, Aging, and Independent Living, or both, depending on the circumstances and subject matter of the issue or issues being addressed. (Added 1979, No. 108 (Adj. Sess.), § 4; amended 1987, No. 264 (Adj. Sess.), § 12; 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 174 (Adj. Sess.), § 3; 1997, No. 113 (Adj. Sess.), § 1; 2005, No. 174 (Adj. Sess.), § 47; 2007, No. 15, §§ 16, 22; 2013, No. 96 (Adj. Sess.), § 115.)