AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE INTERAGENCY COMMITTEE ON AUTISM AND THE DELAWARE NETWORK FOR EXCELLENCE IN AUTISM.

Legislation Document

SPONSOR:

Rep. K. Williams & Sen. Sturgeon

Reps. Ross Levin, Lynn, Berry; Sens. Hoffner, Walsh

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 214

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE INTERAGENCY COMMITTEE ON AUTISM AND THE DELAWARE NETWORK FOR EXCELLENCE IN AUTISM.

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

Section 1. Amend § 5541, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:

Subchapter IV. Interagency Committee on Autism and the Delaware Network for Excellence in Autism.

§ 5541. Definitions.

For the purposes of

As used in

this subchapter:

(1) “Agencies”

shall include

means

both public and private agencies and associations.

(2) “Autism spectrum disorders”

(“ASD”) shall have the same definition as

or “ASD” means as defined

in the current edition of the “Diagnostic and Statistical Manual of Mental Disorders” published by the American Psychiatric Association. “Autism spectrum disorders”

(“ASD”) shall also include

or “ASD” include

related developmental disabilities

whenever people with these disabilities

if an individual with a related developmental disability

can also benefit from the improvements and enhancements identified for

people

an individual

with ASD.

(3) “DNEA” means the Delaware Network for Excellence in Austim.

(4) “DNEA Director” means the director of the Delaware Network for Excellence in Autism.

(5) “ICA” means the Interagency Committee on Autism.

(3) “People

(6) “Individuals

living with ASD”

shall include the person

means an individual

with ASD

and their legal guardian or guardians.

or the individual’s guardian.

Section 2. Amend § 5542, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:

§ 5542. Interagency Committee on

Autism.

Autism; duties.

The General Assembly hereby establishes the Interagency Committee on Autism (ICA) with the charge to:

The Interagency Committee on Autism is established. The ICA’s duties are all of the following:

(1) Utilize evidence-based practices and programs to improve outcomes for

people

individuals

living with ASD and related developmental disabilities in Delaware by sharing information, initiatives,

data

data,

and communications among

both public and private

agencies providing services and supports for individuals and families affected by autism spectrum disorders in

the

this

State.

(2) Implement the recommendations outlined in the 2013 Delaware Strategic Plan entitled “Blueprint for Collective Action: Final Report of the Delaware Strategic Plan to Improve Services and Supports for Individuals with Autism Spectrum Disorder.”

This

Implementation

may include assisting

state agencies and partner

agencies to develop more detailed

or updated

implementation strategies and timelines, and to track progress towards specific goals.

(3) Monitor services

currently provided by state agencies to people with ASD,

that agencies provide to individuals living with ASD,

with the goal of identifying gaps and avoiding duplication of services.

(4) Provide oversight for and development of goals and priorities for the

Delaware Network for Excellence in Autism (Network),

DNEA,

created to assist in the implementation of the

Committee’s

ICA’s

recommendations.

(5) Advise the General Assembly on legislation that is needed to implement these recommendations. The ICA may develop and recommend legislation to the General Assembly or comment on pending legislation that affects

those persons.

individuals living with ASD

.

(6)

Submit

Collaborate with the DNEA to submit

a report annually to the

Governor and the General Assembly summarizing:

Governor, General Assembly, and the Director and the Librarian of the Division of Legislative Services. The report must summarize all of the following:

a. The progress

towards all recommendations adopted by the ICA and the activities of the Network and the ICA;

toward each recommendation that the ICA adopts.

b. The progress toward the ICA’s and the DNEA’s activities.

b.

c.

Major categories of

expenses and that includes

expenses, including

all public, private, and in-kind support.

(7) Members of the ICA shall not be compensated directly for their service on the ICA.

(8) The ICA shall be chaired by the Network Director, who shall be responsible for coordinating quarterly meetings of the ICA with the locations of those meetings moving between state counties regularly.

(9) The Network Director shall not be a voting member of the ICA.

(10) Members of the ICA in existence on September 14, 2016, shall maintain their membership.

(11) New members of the ICA not specifically mentioned below shall be appointed by a majority vote of the existing ICA members.

(12) The ICA shall adopt rules for the conduct of its meetings.

(13) Any actions taken by the ICA must be approved by a majority vote of the members present.

(14) The ICA shall establish policies and adopt rules to carry out its duties.

(15) Voting members of the ICA shall consist of, but not be limited to:

a. The Statewide Director of the Delaware Autism Program;

b. A representative appointed by the Department of Education;

c. A representative appointed by the Division of Developmental Disabilities Services;

d. A representative appointed by the Division of Vocational Rehabilitation;

e. A representative appointed by the Center for Disabilities Studies at the University of Delaware;

f. A representative appointed by Autism Delaware;

g. A representative appointed by the Nemours network;

h. A representative appointed by the Division of Public Health;

i. A representative appointed by the Delaware Association of Rehabilitation Facilities;

j. A representative appointed by the Division of Substance Abuse and Mental Health;

k. A representative appointed by Family Voices;

l. A representative appointed by the Parent Information Center of Delaware;

m. A representative of Part C, Birth to Three Early Intervention System;

n. A representative appointed by the Division of Prevention and Behavioral Health Services;

o. A parent or caregiver of a child or adult with ASD from each county in Delaware;

p. An individual with ASD.

(16) Administrative staff support for the ICA shall be provided by the Network.

Section 3. Amend § 5543, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:

§ 5543. Delaware Network for Excellence in Autism.

(a) The

General Assembly hereby establishes the

Delaware Network for Excellence in Autism

(Network) in order

is established

to provide a resource for training and technical assistance for Delaware state agencies,

organizations

organizations,

and other private entities operating in

the

this

State who provide services and support to

individuals and families

individuals living with ASD or families

affected by ASD. Services

shall be

are

provided through a contract between the University of Delaware and the appropriate state

agency.

agency, organization, or other private entity.

(b)

The Network shall be run by a Director, who shall be hired by the Center for Disabilities Studies, with representation on the hiring committee by the Interagency Committee for Autism.

The DNEA is run by a director. The Center for Disabilities Studies at the University of Delaware shall hire the DNEA Director using a hiring committee, which must include representation from the ICA.

(c) The

Network Director shall be

position of the DNEA Director is

housed at the Center for Disabilities Studies at the University of Delaware, which

shall be

is

responsible for supervision of the

DNEA

Director.

(d)

The Director of the Network shall be responsible for the creation of an annual report and submission of such to the Governor and the General Assembly.

The DNEA Director shall ensure that the DNEA works with the ICA to compile and submit the annual report under § 5542(6) of this title.

(e)

Network staff members shall

DNEA staff must

possess experience in autism spectrum disorders and shall administer training and technical assistance

in all cases utilizing

that is based on

accepted evidence-based practices.

(f) The

Network

DNEA

shall maintain at least 1 administrative support staff position, who

shall be

is

responsible for supporting the

day-to-day operations of the Network and shall be overseen by the Network Director.

DNEA’s day-to-day operations. The DNEA Director oversees the administrative staff.

(g) The

Network shall consist

DNEA consists

of at least 4 team leader

Network

DNEA

staff positions, to ensure adequate training across the areas of healthcare, education, vocational

services

services,

and social services.

The DNEA Director oversees the DNEA’s team leaders.

(h) Team leaders shall be overseen by the Network Director.

(i)

(h)(1)

The

Network shall include

DNEA includes

at least 2 FTEs family trainer/navigators, who

shall be

are

responsible for assisting families in learning about and gaining access to needed services, including those from the state system.

These services shall also

The services must

include community training opportunities for individuals with ASD and

families.

families of individuals with ASD.

(j)

(2)

Family navigators shall

Each family trainer/navigator must

be contracted through Autism

Delaware and

Delaware. Family trainer/navigators

shall provide

a quarterly report

quarterly reports

on the number of families served and major issues encountered to the

Network Director and the Interagency Committee on Autism.

DNEA Director and the ICA.

(k)

(i)

The

Network

DNEA

shall develop and maintain a website that

does all of the following:

(1)

offers

Offers

public visibility to the activities of the

Network, the ICA,

DNEA and the ICA.

(2)

and tracks

Tracks

progress on attaining the goals of the Blueprint for Collective

Action,

Action.

(3)

as well as offering

Offers

links to key autism services within Delaware.

(

l

)

(j)

The

Network

DNEA

shall support the

ICA’s

operations

of the ICA

through

the

staff support,

maintenance of the

website,

website under subsection (i) of this section,

maintenance of reports

created by the ICA and minutes of ICA meetings, as well as other support as needed.

that the ICA creates, ICA meeting minutes, and other support as needed, including assisting with the training, technical assistance, and coaching under subsection (k) of this section.

(m)

(k)

The

Network shall consist

DNEA consists

of additional staff specifically designated to provide training, technical

assistance

assistance,

and coaching to

all

each

local education

agencies across Delaware.

agency across this State.

(n)

(

l

)

Training

The DNEA shall manage training

and technical assistance related to

education will be managed by the Network

education,

in collaboration with the office of the

Statewide Director of the Delaware Autism Program.

Director of Autism Resources.

(o)

(m)

The

Network

DNEA

shall

also

administer additional contracts for training and technical assistance.

(p)

(n)

The

Network shall have the authority to

DNEA may

contract with outside individuals and agencies

in order

to provide needed training and technical assistance consistent with the

Network’s

DNEA’s

goals.

(q)

(o)

Contracts shall be overseen by the Director of the Network.

The DNEA Director shall oversee contracts under this subchapter.

(r)

(p)

Contracted individuals

An individual contracted under this subchapter

shall adhere to similar standards of professional qualifications and demonstration of accepted, evidence-based practice as

Network

DNEA

staff.

(s)

(q)

The

Network Director shall be empowered to

DNEA Director may

seek and administer outside grant funding as appropriate to fulfill the

mission of the Network.

DNEA’s mission.

Section 4. Amend Subchapter IV, Chapter 55 of Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 5544. ICA membership; chair; terms; quorum; staffing.

(a) Voting members of the ICA consist of at least all of the following:

(1) A representative of the Department of Education, appointed by that department.

(2) A representative of the Division of Developmental Disabilities Services, appointed by that division.

(3) A representative of the Division of Vocational Rehabilitation, appointed by that division.

(4) A representative of the Center for Disabilities Studies at the University of Delaware, appointed by that center.

(5) A representative of Autism Delaware, appointed by the Governor. Autism Delaware may provide a list of potential nominees, which the Governor may consider.

(6) A representative of the Nemours network, appointed by the Governor. The Nemours network may provide a list of potential nominees, which the Governor may consider.

(7) A representative of the Division of Public Health, appointed by that division.

(8) A representative of the Delaware Association of Rehabilitation Facilities, appointed by the Governor. The Delaware Association of Rehabilitation may provide a list of potential nominees, which the Governor may consider.

(9) A representative of the Division of Substance Abuse and Mental Health, appointed by that division.

(10) A representative of the Parent Information Center of Delaware, appointed by the Governor. The Parent Information Center of Delaware may provide a list of potential nominees, which the Governor may consider.

(11) A representative of Part C, Birth to Three Early Intervention System, appointed by the System.

(12) A representative of the Division of Prevention and Behavioral Health Services, appointed by that division.

(13) A parent or caregiver of a child or adult with ASD from each county in this State, appointed by the Governor.

(14) An individual with ASD, appointed by the Governor.

(b) The DNEA Director is a non-voting member of the ICA.

(c) The DNEA Director serves as the chair of the ICA and shall, as chair, do at least both of the following:

(1) Coordinate quarterly ICA meetings.

(2) Ensure that ICA meetings rotate among the 3 counties of this State.

(d) A member serves until a replacement is appointed under the same process as the member's appointment.

(e) A majority of the members must be present at an ICA meeting in order to have a quorum and conduct official business. A vacancy on the ICA is not counted for quorum.

(f) Each action that the ICA takes must first be approved by a majority vote of the members present at the meeting at which the vote is taken.

(g) Additional members may be appointed by a majority vote of the members appointed under paragraphs (a)(2), (3), (4), (7), (9), and (12) of this section.

(h) The ICA shall adopt procedural rules for the conduct of its meetings.

(i) The ICA shall establish policies and adopt rules to carry out its duties under § 5542 of this title.

(j) Compensation. An ICA member receives no compensation for the member’s service on the ICA but may be reimbursed for the member’s actual and necessary expenses incurred in the performance of the member’s official duties.

(k)

Staffing. The DNEA shall provide administrative support for the ICA.

(

l

) An ICA member as of September 14, 2016, may maintain the member’s membership.

SYNOPSIS

This Act removes the Director of Autism Resources ("Autism Resources"), formerly the "Statewide Director of the Delaware Autism Program," as a member of the Interagency Autism Committee ("ICA"). Autism Resources falls under the Department of Education, and changing this member to a representative of the Department lends more flexibility in selecting a member to represent the Department. This Act also removes the Delaware Family Voices member, because Delaware Family Voices now falls under the Parent Information Center, who already has representation on the ICA. In addition, under this Act the ICA or DNEA may make recommendations on the family and self-advocate ICA positions for consideration by the Governor.

This Act also updates the appointing authority for ICA members that represent non-governmental entities, because the power of appointment cannot be delegated to an entity which is not a part of the state government. See State ex rel. James v. Schorr, 65 A.2d 810, 812 (Del. 1948).

This Act also makes technical changes to make existing law conform with the standards of the Delaware Legislative Drafting Manual.