Legislative declaration.

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(1) It is the intent of the general assembly that the service delivery system for persons with intellectual and developmental disabilities emphasize community living for persons with intellectual and developmental disabilities and provide supports to persons that enable them to enjoy typical lifestyles. One way to accomplish this is to recognize that families are the greatest resource available to persons who have an intellectual and developmental disability and that families must be supported in their role as primary care givers. The general assembly finds that supporting families in their effort to provide supports for their family members at home is more efficient, cost-effective, and humane than maintaining persons with intellectual and developmental disabilities in out-of-home residential settings. In recognition of the importance of families, the general assembly states that the following principles should be used as guidelines in developing programs to support a family that has a child with disabilities:

  1. Families of persons with intellectual and developmental disabilities are best able todetermine their own needs and preferences and should be empowered to make decisions concerning necessary, desirable, and appropriate services and supports;

  2. Families must receive the services and supports necessary to care for their children at

home;

  1. Family support must be responsive to the needs of the entire family unit;

  2. Family support must be sensitive to the unique strengths and needs of individualfamilies;

  3. Family support must build on existing social networks and natural sources of support;

  4. Family support is needed throughout the life span of the person who has a disability;

  5. Family support must encourage the inclusion of people with intellectual and developmental disabilities within the community;

  6. Family support services must be flexible enough to accommodate unique needs offamilies as they evolve over time;

  7. Family support services must be consistent with the cultural preferences and orientations of individual families;

  8. Family support services should be comprehensive and coordinated across the numerous agencies likely to provide resources, supports, or services to families;

  9. Family support services should be based on the principles of sharing ordinary places,developing meaningful relationships, learning things that are useful, making choices, as well as increasing the status and enhancing the reputation of people served;

  10. Supports should be developed by the state that are necessary, desirable, and appropriate to support families;

  11. Intellectual and developmental disabilities programs and policies must enhance thedevelopment of the person with an intellectual and developmental disability and the family;

  12. State programs should provide sufficient services and supports to enable families tokeep their family members with intellectual and developmental disabilities at home;

  13. A comprehensive, coordinated system of supports to families effectively uses existing resources and minimizes gaps in supports to families and persons in all areas of the state;

  14. Services and supports provided through the family support program must be closelycoordinated with early intervention services and must foster collaboration and cooperation with all agencies providing services and supports to infants and preschool children; and

  15. Any rights, entitlements, services, or supports created by this part 3 are not to beconsidered a limitation, modification, or infringement on any existing rights, entitlements, services, or supports, otherwise expressly provided by this article.

(2) In addition, the general assembly recognizes that the state department has for several years developed and maintained a family resource service program that provides support services to families of children with intellectual and developmental disabilities who are at risk of out-of-home placement. Because of the success of this program the general assembly recommends that this valuable program be continued and expanded so that more families in this state are able to receive appropriate services, supports, and assistance needed to stabilize the family unit. In recognition of the basic goal to support families, on an individual family basis, in maintaining a person with an intellectual and developmental disability at home and in recognition of the principles stated in subsection (1) of this section, the general assembly declares that its purpose in enacting this part 3 is to create, subject to annual appropriation, a comprehensive statewide family support service program.

Source: L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323, p. 1781, § 1, effective March 1, 2014.

Editor's note: This section is similar to former § 27-10.5-401 as it existed prior to 2013.


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