HB 214

                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.