(1)The general
assembly hereby finds, determines, and declares that it would be beneficial to the
state to develop a service delivery system to respond to the needs of caregivers
who care for frail, elderly persons or to the needs of grandparents and relative
caregivers who have taken on the challenge and responsibility of raising children.
The general assembly also finds that the federal Older Americans Act of 2000,
Pub.L. 106-501, has authorized a family caregiver support program to be
administered by area agencies on aging. The general assembly finds that by
implementing the family caregiver support program support can be given to
caregivers so that elderly individuals may be able to remain in their homes and
support may be provided to grandparents or older individuals who ar
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(1) The general
assembly hereby finds, determines, and declares that it would be beneficial to the
state to develop a service delivery system to respond to the needs of caregivers
who care for frail, elderly persons or to the needs of grandparents and relative
caregivers who have taken on the challenge and responsibility of raising children.
The general assembly also finds that the federal Older Americans Act of 2000,
Pub.L. 106-501, has authorized a family caregiver support program to be
administered by area agencies on aging. The general assembly finds that by
implementing the family caregiver support program support can be given to
caregivers so that elderly individuals may be able to remain in their homes and
support may be provided to grandparents or older individuals who are relative
caregivers of children.
(2) There is hereby created in the state department the family caregiver
support program, referred to in this section as the program. The program shall
allocate available moneys to area agencies on aging to provide support services to
the following caregivers:
(a) Family caregivers of older individuals; and
(b) Grandparents or older individuals who are relative caregivers of children.
(3) Subject to available appropriations, services to caregivers shall be
provided by an area agency on aging or by an entity with which the area agency on
aging has contracted. The services to caregivers under the program shall include:
(a) Information to caregivers about available services;
(b) Assistance to caregivers in gaining access to the services;
(c) Individual counseling, organization of support groups, and caregiver
training to assist the caregivers in making decisions and solving problems relating
to their caregiving responsibilities;
(d) Respite care to enable caregivers to be temporarily relieved from their
caregiving responsibilities; and
(e) Supplemental services, on a limited basis, to complement the care
provided by caregivers.
(4) In the case of a family caregiver of an older individual, respite care, as
described in paragraph (d) of subsection (3) of this section, and supplemental
services, as described in paragraph (e) of subsection (3) of this section, shall be
provided only if the older individual meets the conditions specified in the federal
law under the definition of the term frail which states that the older individual is
functionally impaired because the individual either:
(a) Is unable to perform at least two activities of daily living without
substantial human assistance, including verbal reminding, physical cuing, or
supervision; or
(b) Due to a cognitive or other mental impairment, requires substantial
supervision because the individual behaves in a manner that poses a serious health
or safety hazard to the individual or to another individual.
(5) The area agency on aging shall give priority for services under the
program to older individuals with greatest social and economic need, with
particular attention to low-income older individuals, and to older individuals
providing care and support to persons with intellectual and developmental
disabilities.
(6) Each area agency on aging shall coordinate the activities of the agency
or any contractors with whom the agency has contracted with the activities of other
community agencies and volunteer organizations providing the types of support
services described in subsection (3) of this section.
(7) The state shall not use more than ten percent of the total federal and
state share of the moneys available to the state for the program to provide support
services to grandparents and older individuals who are relative caregivers of
children.