H*4389(Rat #0374, Act #0344)  General Bill, By J.B. Wilder, Allison, 
J.M. Baxley, R.S. Corning, Harvin, I.K. Rudnick, C.Y. Waites, Walker, Wilder and 
Wilkes

Similar(S 936)
 A Bill to amend Title 44, Chapter 21, relating to the Department of Mental
 Retardation Family Support Services, so as to change the name of the
 Department to the Department of Disabilities and Special Needs and to include
 individuals with head injuries, spinal cord injuries, or similar disabilities
 among those for whom family support services are to be provided.-amended title

   12/15/93  House  Prefiled
   12/15/93  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs
   01/11/94  House  Introduced and read first time HJ-39
   01/11/94  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-39
   02/15/94  House  Committee report: Favorable with amendment
                     Medical, Military, Public and Municipal Affairs HJ-2
   03/07/94  House  Amended HJ-30
   03/07/94  House  Read second time HJ-30
   03/22/94  House  Read third time and sent to Senate HJ-24
   03/23/94  Senate Introduced, read first time, placed on calendar
                     without reference SJ-12
   03/30/94  Senate Read second time SJ-38
   03/30/94  Senate Unanimous consent for third reading on next
                     legislative day SJ-38
   03/31/94  Senate Read third time and enrolled SJ-12
   04/14/94         Ratified R 374
   04/20/94         Signed By Governor
   04/20/94         Effective date 04/20/94
   05/02/94         Copies available

AN ACT TO AMEND TITLE 44, CHAPTER 21, RELATING TO THE DEPARTMENT OF MENTAL RETARDATION FAMILY SUPPORT SERVICES, SO AS TO CHANGE THE NAME OF THE DEPARTMENT TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS AND TO INCLUDE INDIVIDUALS WITH HEAD INJURIES, SPINAL CORD INJURIES, OR SIMILAR DISABILITIES AMONG THOSE FOR WHOM FAMILY SUPPORT SERVICES ARE TO BE PROVIDED.

Be it enacted by the General Assembly of the State of South Carolina:

Preamble

SECTION 1. The portion of Act 38 of 1993 after the title and before the enacting words is amended to read:

"Whereas, the role of the community and family in providing support and determining services for persons with mental retardation and related disabilities or head injuries or spinal cord injuries has become a partnership with professionals and the State; and

Whereas, the General Assembly recognizes that families are the greatest resource available to individuals with severe lifelong disabilities; and

Whereas, the General Assembly recognizes that individual and family support services help keep families together and allow individuals to benefit daily from their families' love and care; and

Whereas, the General Assembly recognizes that individual and family support services promote economic self-sufficiency and independence; and

Whereas, the support of individuals and families in their effort to care for themselves or their family members at home is more efficient, cost-effective, and sensitive than placing individuals in institutions or in other out-of-home residential settings. Now, therefore,"

Department name changed; head and spinal cord injuries and similarly disabled clients added to Family Support Services Program

SECTION 2. Title 44, Chapter 21 of the 1976 Code, as added by Act 38 of 1993, is amended to read:

Section 44-21-10. (A) It is the intent of the General Assembly that individuals with mental retardation or related disabilities or head injuries, spinal cord injuries, or similar disabilities and their families be afforded supports that emphasize community living and enable them to enjoy typical lifestyles. One way to do this is to recognize that families are the greatest resource available to individuals who have mental retardation or related disabilities or head injuries, spinal cord injuries, or similar disabilities and that families must be supported in their role as primary caregivers. The General Assembly finds that supporting individuals and families in their effort to care for themselves or their family members at home is more efficient, cost-effective, and sensitive than maintaining people with mental retardation or related disabilities in out-of-home residential settings.

(B) The intent of the Family Support Services Program provided for in this chapter is to assist individuals with disabilities and their families who desire or choose to support a family member with mental retardation or a related disability or head injury, spinal cord injury, or similar disability in their home. The program is not meant to create a hardship on a family by supplanting or diverting access from other appropriate or necessary services. It is recognized that persons with mental retardation or related disabilities or head injuries, spinal cord injuries, or similar disabilities have the right to receive services from public and other agencies that provide services to South Carolina citizens and to have those services coordinated with the services needed because of their disabilities. It is the position of this State that children and adults have the right to live with their families. The individual's and family's circumstances and desires must be taken into account when considering the appropriate types of services or supports which can best meet the needs of the individual and family.

(C) In recognition of the importance of families, the following principles must be used as guidelines in developing services to support families:

(1) Families and individuals with mental retardation or related disabilities or head injuries, spinal cord injuries, or similar disabilities are best able to determine their own needs and should be able to make decisions concerning necessary, desirable, and appropriate services.

(2) Individuals and families should receive the support necessary to care for themselves or their family member at home.

(3) Family support is needed throughout the lifespan of an individual who has mental retardation or related disabilities or head injuries, spinal cord injuries, or similar disabilities.

(4) Family support services should be sensitive to the unique needs, strengths, and values of the individuals and the family and should be responsive to the needs of the entire family.

(5) Family support should build on existing social networks and natural sources of support and should encourage community integration.

(6) Family support services should be provided in a manner that develop comprehensive, responsive, and flexible support to individuals and families as their needs evolve over time.

(7) Family support services should be coordinated across the numerous agencies likely to provide resources and services to individuals and families and should be provided equitably across the State.

(8) Family, individual, and community-based services should be based on the principles of sharing ordinary places, developing meaningful relationships, learning things that are useful, making choices, as well as promoting an individual's self-esteem.

(9) Family support services should be sufficient to enable families to keep their family members with mental retardation or related disabilities or head injuries, spinal cord injuries, or similar disabilities at home or be sufficient to enable the individual with a disability to remain at home.

(10) Services provided through the Family Support Program must be coordinated closely with services received from public and other agencies and shall foster collaboration and cooperation with all agencies providing services to individuals with mental retardation or related disabilities or head injuries, spinal cord injuries, or similar disabilities.

(D) The General Assembly recognizes that the South Carolina Department of Disabilities and Special Needs for several years has developed and maintained a family support program that provides support services to some families with members who have mental retardation. The success of this program demonstrates the need and value of family support services. More families in the State should be able to receive appropriate services and assistance needed to stabilize the family unit.

Section 44-21-20. As used in this chapter:

(1) `Department' means the Department of Disabilities and Special Needs.

(2) `Family support' means goods and services needed by individuals or families to care for themselves or their family members with mental retardation or related disabilities or head injuries, spinal cord injuries, or similar disabilities and to enjoy a quality of life comparable to other community members.

(3) `Family Support Program' means a coordinated system of family support services administered by the department directly or through contracts with private nonprofit or governmental agencies across the State, or both.

Section 44-21-30. The department may contract with or make grants to agencies or individuals to provide for a Family Support Program in accordance with this chapter. Services and supports developed must be flexible to address individual and family needs.

Section 44-21-40. The focus of the Family Support Program is supporting:

(1) families with children with mental retardation or related disabilities or head injuries, spinal cord injuries, or similar disabilities, twenty-one years of age and younger;

(2) persons older than twenty-one years of age with mental retardation or related disabilities or head injuries, spinal cord injuries, or similar disabilities who choose to live with their families;

(3) persons older than twenty-one years of age with mental retardation or related disabilities or head injuries, spinal cord injuries, or similar disabilities who are residing in the community in an unsupported setting, not a state or federally-funded program.

Section 44-21-50. The contracted agency shall assist each individual or family for whom services will be provided in assessing its needs and shall prepare a written plan with the person and family. The needs and preferences of the individual and family will be the basis for determining what goods and services will be provided within the resources available.

Section 44-21-60. The services in the Family Support Program include, but are not limited to, family support services coordination, information, referral, advocacy, educational materials, emergency and outreach services, and other individual and family-centered assistance services such as:

(1) respite care;

(2) personal assistance services;

(3) child care;

(4) homemaker services;

(5) minor home and work site modifications and vehicular modifications;

(6) specialized equipment and maintenance and repair;

(7) specialized nutrition and clothing and supplies;

(8) transportation services;

(9) health-related costs not otherwise covered;

(10) licensed nursing and nurses' aid services;

(11) family counseling, training, and support groups;

(12) financial assistance;

(13) emergency services;

(14) recreation and leisure needs.

Section 44-21-70. Implementation of this chapter and the Family Support Program is contingent upon annual appropriation of sufficient funding for the program and benefits. This chapter does not establish or authorize creation of an entitlement program or benefit."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 20th day of April, 1994.