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PAG LIN
1 1 Section 1. Section 225C.47, subsection 1, Code 1995, is
1 2 amended by adding the following new paragraph before paragraph
1 3 a and relettering the subsequent paragraphs:
1 4 NEW PARAGRAPH. a. "Family" means a group of
1 5 interdependent persons living in the same household. A family
1 6 consists of an individual with a disability and any of the
1 7 following:
1 8 (1) The individual's parent.
1 9 (2) The individual's sibling.
1 10 (3) The individual's grandparent, aunt, or uncle.
1 11 (4) The individual's legal custodian.
1 12 (5) A person who is providing short-term foster care to
1 13 the individual subject to a case permanency plan which
1 14 provides for reunification between the individual and the
1 15 individual's parent.
1 16 "Family" does not include a person who is employed to
1 17 provide services to an individual with a disability in an out-
1 18 of-home setting, including but not limited to a hospital,
1 19 nursing facility, personal care home, board and care home,
1 20 group foster care home, or other institutional setting.
1 21 Sec. 2. Section 225C.47, subsection 2, Code 1995, is
1 22 amended to read as follows:
1 23 2. A comprehensive family support program is created in
1 24 the department of human services to provide a statewide system
1 25 of services and support to eligible families. The program
1 26 shall be implemented in a manner which enables a family member
1 27 of an individual with a disability to identify the services
1 28 and support needed to enable the individual to reside with the
1 29 individual's family, to function more independently, and to
1 30 increase the individual's integration into the community.
1 31 Sec. 3. Section 225C.47, subsection 5, paragraphs a, b,
1 32 and f, Code 1995, are amended to read as follows:
1 33 a. (1) An application process incorporating the
1 34 eligibility determination processes of other disability
1 35 services programs to the extent possible.
2 1 (2) Eligible families maintain control of decisions which
2 2 affect the families' children who are individuals with a
2 3 disability.
2 4 b. (1) Existing local agencies are utilized to provide
2 5 facilities and a single entry point for comprehensive family
2 6 support program applicants.
2 7 (2) Services and support are provided in a timely manner
2 8 and emergency access to needed services and support is
2 9 provided.
2 10 f. (1) Identification of the services and support and
2 11 service provider components included in the comprehensive
2 12 family support program.
2 13 (2) Upon request by a family member, provision of
2 14 assistance in locating a service provider.
2 15 Sec. 4. Section 225C.47, subsection 5, Code 1995, is
2 16 amended by adding the following new paragraph:
2 17 NEW PARAGRAPH. i. The utilization of a voucher system for
2 18 payment provisions for the children-at-home component of the
2 19 program under subsection 7.
2 20 Sec. 5. Section 225C.47, Code 1995, is amended by adding
2 21 the following new subsection:
2 22 NEW SUBSECTION. 7. The comprehensive family support
2 23 program shall include a children-at-home component developed
2 24 by the department in accordance with this subsection. A
2 25 family eligible for the comprehensive family support program
2 26 may choose the children-at-home component. Under the
2 27 children-at-home component, a family member of an individual
2 28 with a disability shall be assisted by department staff in
2 29 identifying the services and support to be provided to the
2 30 family under the program. The identification of services and
2 31 support shall be based upon the specific needs of the
2 32 individual and the individual's family which are not met by
2 33 other service programs available to the individual and the
2 34 individual's family. Based upon the services and support
2 35 identified, the department shall develop a contract for direct
3 1 payment of the services and support provided to the family.
3 2 Sec. 6. Section 225C.48, Code 1995, is amended by adding
3 3 the following new subsection:
3 4 NEW SUBSECTION. 2A. The council shall perform the
3 5 following duties in consultation with the department and any
3 6 department staff with duties associated with the personal
3 7 assistance services and comprehensive family support programs:
3 8 a. Oversee the operations of the programs.
3 9 b. Coordinate with the department of education and
3 10 programs administered by the department of education to
3 11 individuals with a disability, in providing information to
3 12 individuals and families eligible for the programs under
3 13 sections 225C.46 and 225C.47.
3 14 c. Work with the department and counties regarding managed
3 15 care provisions utilized by the department and counties for
3 16 services to individuals with a disability to advocate the
3 17 inclusion of personal assistance services and the
3 18 comprehensive family support program as approved service
3 19 provisions under managed care.
3 20 d. Develop and oversee implementation of evaluation
3 21 processes for the programs.
3 22 e. Oversee statewide training of department staff
3 23 regarding the two programs.
3 24 f. Oversee efforts to promote public awareness of the
3 25 programs.
3 26 Sec. 7. NEW SECTION. 225C.49 DEPARTMENTAL DUTIES
3 27 CONCERNING SERVICES TO INDIVIDUALS WITH A DISABILITY.
3 28 1. The department shall provide coordination of the
3 29 programs administered by the department which serve
3 30 individuals with a disability and the individuals' families,
3 31 including but not limited to the following juvenile justice
3 32 and child welfare services: family-centered and intensive
3 33 family preservation services described under section 232.102,
3 34 decategorization of child welfare funding provided for under
3 35 section 232.188, and foster care services paid under section
4 1 234.35, subsection 3. The department shall regularly review
4 2 administrative rules associated with such programs and make
4 3 recommendations to the council on human services, governor,
4 4 and general assembly for revisions to remove barriers to the
4 5 programs for individuals with a disability and the
4 6 individuals' families including the following:
4 7 a. Eligibility prerequisites which require declaring the
4 8 individual at risk of abuse, neglect, or out-of-home
4 9 placement.
4 10 b. Time limits on services which restrict addressing
4 11 ongoing needs of individuals with a disability and their
4 12 families.
4 13 2. The department shall coordinate the department's
4 14 programs and funding utilized by individuals with a disability
4 15 and their families with other state and local programs and
4 16 funding directed to individuals with a disability and their
4 17 families.
4 18 3. In implementing the provisions of this section, the
4 19 department shall do all of the following:
4 20 a. Compile information concerning services and other
4 21 support available to individuals with a disability and their
4 22 families. Make the information available to individuals with
4 23 a disability and their families and department staff.
4 24 b. Utilize internal training resources or contract for
4 25 additional training of staff concerning the information under
4 26 paragraph "a" and training of families and individuals as
4 27 necessary to develop plans and contracts under sections
4 28 225C.46 and 225C.47.
4 29 4. The department shall designate one individual whose
4 30 sole duties are to provide central coordination of the
4 31 programs under sections 225C.46 and 225C.47 and to work with
4 32 the personal assistance and family support services council to
4 33 oversee development and implementation of the programs.
4 34 EXPLANATION
4 35 This bill relates to programs available to individuals with
5 1 disabilities which are administered by the department of human
5 2 services.
5 3 Section 225C.47, relating to the comprehensive family
5 4 support program for individuals with a disability and their
5 5 families, is amended by adding a definition of the term
5 6 "family".
5 7 Section 225C.47 is also amended to require that the support
5 8 program be statewide and to specify the manner in which the
5 9 program is to be implemented by the department.
5 10 Section 225C.47, subsection 5, providing for administrative
5 11 rules to be adopted by the department to implement the
5 12 program, is amended. The amendments require an application
5 13 process coordinated with the eligibility processes used by
5 14 other programs, require services and support to be provided in
5 15 a timely manner with provision for emergency services, and
5 16 require the department to assist eligible families in locating
5 17 service providers and in identifying the components of service
5 18 plans.
5 19 Section 225C.47 is also amended to add provisions for a
5 20 children-at-home component of the program. Under this
5 21 component a family member of an eligible family is assisted by
5 22 the department in identifying services and support needed.
5 23 The department is to develop a contract for direct payment
5 24 utilizing vouchers for the services and other support provided
5 25 to the family.
5 26 Section 225C.48, relating to the personal assistance and
5 27 family support services council, is amended to specify
5 28 additional duties for the council involving the personal
5 29 assistance and comprehensive family support services program.
5 30 The council is to consult with the department in overseeing
5 31 operations of the programs, coordinate with the department of
5 32 education programs for individuals with a disability, work
5 33 with the department of human services and the counties in
5 34 advocating the inclusion of the programs as services available
5 35 under managed care provisions, and oversee evaluation,
6 1 training, and publicity efforts.
6 2 New section 225C.49 requires the department of human
6 3 services to coordinate its juvenile justice and child welfare
6 4 programs applicable to individuals with a disability. The
6 5 department is to propose to the council on human services,
6 6 governor, and general assembly changes to revise program
6 7 eligibility requirements and time restrictions to accommodate
6 8 the needs of individuals with a disability. In addition, the
6 9 department is to coordinate its programs and funding with
6 10 other state and local programs and funding applicable to
6 11 individuals with a disability. The coordination requirement
6 12 includes specific provision for compiling information and for
6 13 training staff and eligible individuals and families. The
6 14 department is also required to designate an individual to act
6 15 as central coordinator of the personal assistance and
6 16 comprehensive family support programs and to work with the
6 17 council associated with the programs.
6 18 LSB 4117SS 76
6 19 jp/jj/8.1
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