Analysis

Synopsis:

 Relating to disability by modifying, repealing and enacting sections of the Developmental Disabilities Act to make changes to the Developmental Disabilities Planning Council membership, purpose and duties and renaming the Developmental Disabilities Planning Council as the Development Disabilities Council 

Analysis:

 SB 190 provides new language for the legislature to define the purpose of the Development Disabilities act to now, assure that individuals with developmental disabilities and their families participate in the design of and have access to needed community services, individualized supports and other forms of assistance that promote self-determination, independence, productivity and integration and inclusion in all facets of community life, through culturally competent programs. The Developmental Disabilities Act authorizes the Council to engage in advocacy, capacity building and systemic change activities that:(1) are consistent with the purpose describe in this section and the policy described in this section; and(2) contribute to a coordinated, consumer- and family-centered, consumer- and family-directed comprehensive system that includes needed community services, individualized supports and other forms of assistance that promote self-determination for individuals with developmental disabilities and their families. The reference to this section means Section 2 defining legislative purpose. 
New definitions provided for, comprehensive review and analysis, means the comprehensive review and analysis conducted pursuant to Subsection A of Section 28-16A-7 NMSA 1978, and, council, means the Developmental Disabilities Council. 
Section 28-16A-7 means the 2013 New Mexico Statutes
 Chapter 28 - Human Rights Article 16A - Developmental Disabilities
Section 28-16A-7 - Assessment of needs of persons with developmental disabilities. (1993).
 The term, Planning, is now struck from the title of the Developmental Disabilities Council and will consist of twenty-five members. SB 191 now defines membership as members, comprising at least sixty percent of the council's membership, who are individuals with developmental disabilities or parents, immediate relatives or legal guardians of individuals with developmental disabilities; provided that none of these members shall be an employee, or someone who manages employees, of a state agency that receives funds to provide developmental disabilities supports and services.
Membership on the Council is expanded with the Secretary of the Ageing and Long-Term Services Department or their representative, and the Director of the Vocational Rehabilitation of the Public Education Department. 
Membership will now also consist of the director of any entity within a state institution of higher education designated as a university center for excellence in developmental disabilities education, research and service; and representatives of local and nongovernmental agencies and private nonprofit groups concerned with services for individuals with developmental disabilities in New Mexico. The Governor shall make part of the membership and the Council shall be representative of the geographic areas of New Mexico.
 The Council is to provide statewide advocacy, develop the five-year plan required by the federal government.
Eligibility for a child for services is provided at different age levels with some new modifications.
The Council is to provide comprehensive review and analysis of the extent to which services, supports another assistance are available to individuals with developmental disabilities and their families and the extent of unmet need for services, supports and all other assistance for those individuals and their families in the state. The results of such a comprehensive review are delineated in the bill. 
Certain sections of the Act are repealed in SB 190.



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