ASSEMBLY, No. 5679

STATE OF NEW JERSEY

218th LEGISLATURE

INTRODUCED JUNE 24, 2019

 


 

Sponsored by:

Assemblyman† RONALD S. DANCER

District 12 (Burlington, Middlesex, Monmouth and Ocean)

Assemblywoman† VALERIE VAINIERI HUTTLE

District 37 (Bergen)

Assemblywoman† CAROL A. MURPHY

District 7 (Burlington)

 

 

 

 

SYNOPSIS

†††† Expands membership and responsibilities of State Council of Developmental Disabilities.

 

CURRENT VERSION OF TEXT

†††† As introduced.

††


An Act concerning the State Council of Developmental Disabilities and amending P.L.2003, c.54.

 

†††† Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

†††† 1.††† Section 3 of P.L.1979, c.105 (C.30:1AA-3) is amended to read as follows:

†††† 3.††† The council shall consist of a minimum of 25 members, but shall not exceed 30 members, of whom:

†††† a.†††† [seven] eight shall be representatives of State agencies, including the Commissioner of Children and Families and the Ombudsmen for Individuals with Intellectual or Developmental Disabilities and their Families, or their representatives, who shall serve ex officio at the pleasure of the Governor in accordance with the qualifications established in section 4 of P.L.1979, c.105 (C.30:1AA-4);

†††† b.††† a minimum of 15 shall be public members appointed by the Governor with the advice and consent of the Senate;

†††† c.†††† one each shall represent a University Center for Excellence in Developmental Disabilities Education, Research, and Service in the State and the State's designated protection and advocacy system; and

†††† d.††† one shall be a representative of local and non-governmental agencies or private nonprofit groups concerned with services for individuals with developmental disabilities, appointed by the Governor with the advice and consent of the Senate.

†††† The appointed members shall serve for a term of three years and until their respective successors have been appointed and have qualified.

†††† Vacancies shall be filled in the same manner as the original appointment.† Public members shall receive no compensation, but shall be entitled to reimbursement for necessary expenses incurred in the performance of their duties.† Members serving on the council at the time of enactment of P.L.2003, c.54 (C.30:1AA-1.1 et al.) shall continue to serve until the expiration of their current terms, and until their respective successors are appointed and have qualified.

(cf: P.L.2003, c.54, s.5)

 

†††† 2.††† Section 8 of P.L.1979, c.105 (C.30:1AA-8) is amended to read as follows:

†††† 8.††† It shall be the duty of the council and its staff to:

†††† a.†††† (Deleted by amendment, P.L.2003, c.54).

†††† b.††† (Deleted by amendment, P.L.2003, c.54).

†††† c.†††† (Deleted by amendment, P.L.2003, c.54).

†††† d.††† (Deleted by amendment, P.L.2003, c.54).

†††† e.†††† (Deleted by amendment, P.L.2003, c.54).

†††† f.†††† (Deleted by amendment, P.L.2003, c.54).

†††† g.††† (Deleted by amendment, P.L.2003, c.54).

†††† h.††† (Deleted by amendment, P.L.2003, c.54).

†††† i.†††† (Deleted by amendment, P.L.2003, c.54).

†††† j.†††† (Deleted by amendment, P.L.2003, c.54).

†††† k.††† (Deleted by amendment, P.L.2003, c.54).

†††† l.†††† (Deleted by amendment, P.L.2003, c.54).

†††† m.†† Serve as an advocate for individuals with developmental disabilities and conduct or support programs, projects and activities which carry out the mandate of advocacy, capacity-building and systemic change, pursuant to the "Developmental Disabilities Assistance and Bill of Rights Act of 2000," Pub.L.106-402, 42 U.S.C. s.15001 et seq.;

†††† n.††† At the end of each year, examine goals to determine the extent to which each goal was achieved, the needs that would require amendment of the five-year strategic State plan and customer satisfaction with council-supported or council-conducted activities;

†††† o.††† Develop and implement a State plan by conducting and supporting advocacy, capacity-building and systemic-change activities, which shall contribute to the purpose set forth in section 1 of P.L.2003, c.54 (C.30:1AA-1.1) and may include:

†††† (1)†† outreach activities to identify individuals with developmental disabilities and their families who otherwise might not come to the attention of the council, and to assist and enable the individuals and families to obtain services, individualized supports and other forms of assistance, including access to special adaptation of generic community services or specialized services;

†††† (2)†† training for persons who are professionals, paraprofessionals, students, volunteers and other community members to enable these persons to obtain access to or to provide community services, individualized supports and other forms of assistance, including special adaptation of generic community services or specialized services for individuals with developmental disabilities and their families;

†††† (3)†† technical assistance activities to public and private entities;

†††† (4)†† assistance to, or support of, activities to assist neighborhoods and communities to respond positively to individuals with developmental disabilities and their families through education, by encouraging local networks to provide informal and formal supports and by enabling neighborhoods and communities to offer the individuals and their families access to, and use of, services, resources and opportunities;

†††† (5)†† activities to promote interagency collaboration, coordination and planning in order to better serve, support, assist or advocate for individuals with developmental disabilities and their families;

†††† (6)†† activities to enhance coordination of services with:

†††† (i)††† other councils, entities or committees authorized by federal or State law concerning individuals with disabilities, such as the State interagency coordinating council established under part C of the "Individuals with Disabilities Education Act" (20 U.S.C. s.1431 et seq.), the State Rehabilitation Council and the Statewide Independent Living Council established under the "Rehabilitation Act of 1973" (29 U.S.C. s.701 et seq.), the State mental health planning council established under part B of Title XIX of the Public Health Service Act (42 U.S.C. s.300x-1 et seq.), councils, entities or committees concerning activities authorized under section 101 or 102 of the "Assistive Technology Act of 1998" (29 U.S.C. s.3011 or 29 U.S.C. s.3012), and any councils, entities or committees carrying out similar functions;

†††† (ii)†† parent training and information centers under part D of the "Individuals with Disabilities Education Act" (20 U.S.C. s.1451 et seq.) and other entities carrying out federally funded projects that assist parents of children with disabilities; and

†††† (iii)† other groups interested in advocacy, capacity-building and systemic-change activities to benefit individuals with disabilities;

†††† (7)†† activities to eliminate barriers to access and use of community services by individuals with developmental disabilities, and to enhance systems design and redesign as well as citizen participation to address issues identified in the State plan;

†††† (8)†† activities to educate the public about the capabilities, preferences and needs of individuals with developmental disabilities and their families, and activities to develop and support coalitions that support the policy agenda of the council, including training in self-advocacy, education of policymakers and training in citizen leadership skills;

†††† (9)†† activities to provide information to policymakers by supporting and conducting studies and analyses, gathering information, and developing and disseminating model policies and procedures, information, approaches, strategies, findings, conclusions and recommendations.† The council may provide the information directly to federal, State and local policymakers, including the United States Congress, the federal executive branch of government, the Governor and the Legislature, the governors and legislatures of other states, and State agencies, in order to increase the ability of these policymakers to offer opportunities and to enhance or adapt generic services to meet the needs of, or provide specialized services to, individuals with developmental disabilities and their families;

†††† (10) on a time-limited basis, activities to demonstrate new approaches to serving individuals with developmental disabilities, which are a part of an overall strategy for systemic change.† The strategy may involve the education of policymakers and the public about how to effectively deliver services, supports and assistance to individuals with developmental disabilities and their families; [and]

†††† (11) other advocacy, capacity-building and systemic-change activities to promote the development of a coordinated, consumer- and family-centered and consumer- and family-directed comprehensive system of community services, individualized supports, and other forms of assistance;

†††† (12) a study of existing Statewide community-based systems, service gaps in community based services, and the shortage of out-of-home treatment service beds for children and youth with developmental disabilities, which shall be completed within one year after the start of the study; and

†††† (13) a study of the implementation of the New Jersey Autism State Plan Amendment;

†††† p.††† Supervise and annually evaluate the executive director of the council;

†††† q.††† Prepare and transmit an annual report to the [Department] Departments of Children and Families, Health, and Human Services, which shall contain information about the progress made by the council in achieving the purpose set forth in section 1 of P.L.2003, c.54 (C.30:1AA-1.1).† The report shall be available in accessible formats and the council shall provide a description of the method by which it shall widely disseminate the report to affected constituencies and the general public; and

†††† r.†††† Prepare, approve and implement a budget using amounts paid to the State to fund and implement all programs, projects and activities carried out pursuant to P.L.2003, c.54 (C.30:1AA-1.1 et al.)

(cf: P.L.2003, c.54, s.9)

 

†††† 3.††† This act shall take effect immediately

 

 

STATEMENT

 

†††† This bill expands the membership and responsibilities of the State Council on Developmental Disabilities.† Specifically, the bill amends section 3 of P.L.1979, c.105 (C.30:1AA-3) to increase the number of State agency representatives on the council, to eight, to include the Commissioner of Children and Families and the Ombudsman for Individuals with Intellectual or Developmental Disabilities and their Families.† Current law stipulates that the councilís membership consist of seven State agency representatives including, but not limited to, representatives from the Departments of Education, Health, Human Services, and Labor and Workforce Development.

†††† The bill amends section 8 of P.L.1979, c.105 (C.30:1AA-8) to expand the State councilís responsibility to include conducting a study of: existing Statewide community-based systems, service gaps in community-based services, and the shortage of out-of-home treatment service beds for children and youth with developmental disabilities, which would be completed within one year of the start of the study; and the implementation of the New Jersey Autism State Plan Amendment.

†††† Presently, the State council is required to participate in activities that contribute to a coordinated, consumer- and family-centered and consumer- and family-directed comprehensive system which includes needed community services, individualized supports and other forms of assistance that promote self-determination for individuals with developmental disabilities and their families.† The law does not specify that the council study the Statewide community-based systems, the service gaps in community-based service systems, and the shortage of treatment beds for children and youth with developmental disabilities, or the implementation of the New Jersey Autism State Plan Amendment.

†††† The bill also amends section 8 of P.L.1979, c.105 (C.30:1AA-8) to require that the annual report prepared by the council be transmitted to the Departments of Children and Families, Health, and Human Services.† Current law requires that the annual report be transmitted only to the Department of Health.