§ 25.5-10-301 — Legislative declaration

(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:

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

(b) Families must receive the services and supports necessary to care for
their children at home;

(c) Family support must be responsive to the needs of the entire family unit;

(d) Family support must be sensitive to the unique strengths and needs of
individual families;

(e) Family support must build on existing social networks and natural
sources of support;

(f) Family support is needed throughout the life span of the person who has a
disability;

(g) Family support must encourage the inclusion of people with intellectual
and developmental disabilities within the community;

(h) Family support services must be flexible enough to accommodate unique
needs of families as they evolve over time;

(i) Family support services must be consistent with the cultural preferences
and orientations of individual families;

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

(k) 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;

(l) Supports should be developed by the state that are necessary, desirable,
and appropriate to support families;

(m) Intellectual and developmental disabilities programs and policies must
enhance the development of the person with an intellectual and developmental
disability and the family;

(n) State programs should provide sufficient services and supports to enable
families to keep their family members with intellectual and developmental
disabilities at home;

(o) 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;

(p) Services and supports provided through the family support program must
be closely coordinated with early intervention services and must foster
collaboration and cooperation with all agencies providing services and supports to
infants and preschool children; and

(q) Any rights, entitlements, services, or supports created by this part 3 are
not to be considered 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.

Legislative History

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