§ 7910 — Advisory Council to the Division of Developmental Disabilities Services

Delaware § 7910

• Jurisdiction: Delaware
• Title: 29
• Part: Departments of Government
• Ch. 79: DEPARTMENT OF HEALTH AND SOCIAL SERVICES
• Subch.: Establishment and Organization of Department

Text

(a) There is established the Advisory Council to the Division of Developmental Disabilities Services.

(b) The Advisory Council to the Division of Developmental Disabilities Services serves in an advisory capacity to the Director of the Division of Developmental Disabilities Services, to consider matters relating to individuals diagnosed with intellectual disabilities or specific developmental disabilities in this State and other matters that the Governor, Secretary of the Department, or Director of the Division of Developmental Disabilities Services may refer to it. 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 Advisory Council to the Division of Developmental Disabilities Services is composed of 17 members who are appointed by the Governor. Membership is comprised as follows:

(1) Seven members who represent families, service recipients, and self-advocates in the developmental disabilities community and currently receive services from the Division of Developmental Disabilities Services. An Advisory Council member appointed to represent a family member who received services may continue to serve the appointed term if the family member dies before the term expires.

(2) Five members who represent a cross section of service providers in the developmental disabilities community and currently operate in the Division of Developmental Disabilities Services system, including from any of the following:

a. Residential service providers.

b. Day habilitation service providers.

c. Employment service providers.

d. Clinical service providers.

e. Behavioral or mental health service providers.

(3) Five members who are professional advocates representing individuals with disabilities and represent each of the following:

a. Delaware Developmental Disabilities Council.

b. State Council for Persons with Disabilities.

c. Disabilities Law Program at Delaware Community Legal Aid Society, Inc.

d. The Arc of Delaware.

e. Center for Disabilities Studies at University of Delaware.

(d) [Repealed.]

(e) Members of the Council receive no compensation, but may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

(f) The Council shall annually elect a chair from among its members. The chair or vice chair must be an individual with a developmental disability.

(g) The Governor may appoint a member for a term of up to 3 years to ensure that no more than 3 members’ terms expire in a year.

(h) The number of members who must be present at a Council meeting in order to have a quorum and conduct official business is a majority of the appointed members. Counting for quorum does not include member positions that are vacant.

(i) The Governor may remove a member for gross inefficiency, misfeasance, nonfeasance, malfeasance, or neglect of duty in office. A member is deemed in neglect of duty if the member is absent from 3 consecutive, regular Council meetings or attends less than 50% of Council meetings in a calendar year. The Governor may consider the member to have resigned, and may accept the member’s resignation.

Legislative History

29 Del. C. 1953, § 7910; 57 Del. Laws, c. 301, § 1 ; 57 Del. Laws, c. 591, § 64 ; 70 Del. Laws, c. 186, § 1 ; 73 Del. Laws, c. 97, § 6 ; 78 Del. Laws, c. 179, § 316 ; 82 Del. Laws, c. 130, § 1 ; 83 Del. Laws, c. 101, § 1