CHAPTER 345

FORMERLY

SENATE BILL NO. 293

AS AMENDED BY SENATE AMENDMENT NOS. 2 AND 4

AN ACT TO AMEND CHAPTER 79, TITLE 29, AND CHAPTER 29, TITLE 31, OF THE DELAWARE CODE, RELATING TO THE DIVISION OF AGING OF DELAWARE, THE COMMISSION FOR THE AGING AND THE COUNCIL ON AGING.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §7903, Title 29, of the Delaware Code by adding to

subsection (a), subparagraph (2) the following:

"g. A Director of the Division of Services for Aging and Adults with Physical Disabilities, who shall be someone qualified by training, education, experience or ability to perform the duties of Director:"

Section 2. Amend §7915, Title 29, of the Delaware Code by deleting the section in its entirety and substituting in lieu thereof the following:

§7915. Council on Services for Aging and Adults with Physical Disabilities.

(a) There is established the Council on Services for Aging and Adults with Physical Disabilities.

(b) The Council on Services for Aging and Adults with Physical Disabilities shall serve in an advisory capacity to the Director of the Division of Services for the Aging and Adults with Physical Disabilities and shall consider matters relating to the formation of local community councils for the aging and for adults with physical disabilities, programs and projects in this State to benefit the aging and adults with physical disabilities and such other matters as may be referred to it by the Governor, the Secretary of the Department or the Director of the Division of Services for the Aging and Adults with Physical Disabilities. The Council may study, research, plan and advise the Director, the Secretary and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.

(c) The Council on Services for Aging and Adults with Physical Disabilities shall be composed of 22 members who shall be appointed for 3-year terms by the Governor. The terms of the Council members shall be staggered in such a manner as will insure, as nearly as possible, an equal and uniform number of vacancies arising each year. Eleven (11) members of the Council shall be
comprised of aging consumers apportioned as follows: two (2) residents each from New Castle County, excluding Wilmington, Kent County, Sussex County and Wilmington, and three (3) at-large members who may reside anywhere in the

state. Eleven (11) members shall represent adults with physical disabilities to be apportioned as follows: One (1) consumer with physical disabilities from New Castle County, excluding Wilmington, Kent County, Sussex County and Wilmington, and three (3) at-large consumers with physical disabilities who may reside anywhere in the state. There shall also be four (4) representatives of public and/or nonprofit agencies that serve adults with physical disabilities who may reside anywhere in the state.

(a) At least 10, but no more than 12, members of the Council shall be affiliated with 1 of the major political parties, and at least 8, but no more than 10, members of the Council shall be affiliated with the other major political party; provided, however, that there shall be no more than a bare majority representation of 1 major political party over the other major political party. Any person who declines to announce his or her political affiliation shall also be eligible for appointment as a member of the Council. The Council membership shall be composed of representatives in the following areas: aging consumers, consumers with a physical disability, low income older persons, low income persons with a physical disability, minority older persons and minority persons with a physical disability and representatives of public and/or nonprofit agencies that serve adults with physical disabilities. Each Council member can be representative of more than 1 area, but no Council member shall be representative of more than 3 areas.

(e) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

(f) A Chairperson of the Council shall be chosen by the members of the Council from among its members, except that the office shall rotate between consumer representatives of the aging community and consumer representatives of adults with physical disabilities. In its first year of operation, the
Council shall be chaired by a representative of the aging community. In its second year of operation, the Council shall be chaired by a consumer representative of adults with physical disabilities. Thereafter, the chairman shall alternate and shall serve a two-year term. A chairman shall be eligible to serve two nonconsecutive terms.

(g) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled for the remainder of the term.

(h) Members who are absent from more than 3 consecutive meetings, unless excused by the Council, shall be discharged from the Council by the Council Chairperson.

(i) There shall be two permanent subcommittees of the Council, in addition to any other committees that are established. Representatives of adults with physical disabilities shall form one Subcommittee on Physical Disabilities. Representatives of the aging community shall form a Subcommittee on Aging. The subcommittees shall meet as often as deemed necessary, in addition to the

monthly meetings of the full Council.

All decisions made by the Council

relative to policy and budget shall be made by the full Council.Staff

assistance shall be given to the subcommittees as well as to the full Council."

Section 3. Any references to the Council on Aging in the Delaware Code shall be changed to Council on Services for Aging and Adults with Physical Disabilities.

Section 4. Amend §7920, Title 29, of the Delaware Code by deleting it in its entirety and substituting in lieu thereof the following:

"7920. Division of Services for Aging and Adults with Physical Disabilities.

(a) There is hereby established the Division of Services for Aging and Adults with Physical Disabilities within the Department of Health and Social Services.

(b) Definitions.

(I) As used in this section, aging or elderly persons shall have the same meaning as older and eligible individuals as defined in the Older Americans Act, 42 U.S.C. §3001 et seq.

(2) As used in this section, adults with physical disabilities shall

include persons who are age 18 or older; whose physical condition is anticipated to last 12 months or more; whose physical condition affects their ability to live independently; and who need ongoing assistance with daily living. This, however, shall not include persons receiving or in need of primary case management from agencies providing services for educational; vocations; sensory; mental retardation; drug abuse; alcoholism; mental and physical health purposes; or from the Division for the Visually Impaired.

(c) The objective of the Division of Services for Aging and Adults with Physical Disabilities is to improve or maintain the quality of life for residents of Delaware at least eighteen years of age with physical disabilities, or who are elderly. The Division is committed to the
development and delivery of consumer-driven services. As such, these services will maximize independence through individual choice in the least restrictive environment possible, enable adults with physical disabilities and those who are elderly to continue living active and productive lives, and protect those who may be vulnerable and at risk.

(d) The Division shall have the following duties and functions:

(1) serve as the focal point for the assessment, planning and

development of service delivery systems designed to meet the needs of adults with physical disabilities and those who are elderly;

(2) serve as an advocate for the needs of the elderly and adults with physical disabilities by supporting the individual, family and others who serve as the individual's support system through the provision and coordination of services designed to maximize independent living in the least restrictive manner possible;

(3) provide information and training to those in the private and

public sectors to increase awareness and encourage development of systems and services critical to improving the quality of life for the aging and adults with physical disabilities;

(4) facilitate a strong service delivery system through promoting the creation of public/private partnerships which shall serve to develop, combine and maximize appropriate resources; and

(5) receive and disburse all funds available to the State from any source, including but not limited to the United States Government, to be used for the benefit of the aging and adults with physical disabilities, unless the receipt and disbursal of such funds is otherwise provided by law.

(V carry out a formal evaluation of the program to include, but not be limited to, organization, services, coordination, customer satisfaction, training and the role of the advisory council and its subcommittees after two years of operation, and report to the Secretary, the General Assembly and the Governor. In addition, the Division shall annually prepare a report on service requests, requests fulfilled, requests that could not be met and why, and observed gaps in service delivery for the Secretary and the General Assembly."

Section 5. Any references to the Division of Aging in the Delaware Code shall be changed to the Division of Services for Aging and Adults with Physical Disabilities.

Section 6. Amend §7922, Title 29 of the Delaware Code by deleting the word and as it appears at the end of subparagraph (ID, by deleting the "." as it appears at the end of subparagraph (9> and inserting in lieu thereof "; and", and inserting after subparagraph (9> the following:

"(10> Director of the Division of Services for Aging and Adults with Physical Disabilities."

Section 7. Amend §7911, Title 29 of the Delaware Code by deleting

subparagraph (2) in its entirety.

Section 8. Amend Title 31 of the Delaware Code by deleting Chapter 29 of Title 31 in its entirety.

Approved July 8, 1994.