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Developed and maintained by the Division of Legislative Automated Systems.
2003 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 51.5-23, 51.5-24 and 51.5-25 of the Code of Virginia are amended and reenacted as follows:
§ 51.5-23. Awarding of grants; purposes; eligible applicants.
A. The Department is authorized, subject to other requirements of this law, to make grants or enter into contracts, in accordance with rules and regulations of the Commissioner, for the following purposes:
1. To assist in the establishment and promote a philosophy of independent
living, including a philosophy of consumer control, peer support, self-help,
self-determination, equal access, and individual and system advocacy, in order to maximize the
leadership, empowerment, independence, and productivity of individuals with
disabilities and the integration and full inclusion of individuals with
disabilities into the mainstream of society by:
a. Providing financial assistance for expanding and improving the provision of
local independent living services;
2. b. Providing financial assistance to develop and support a statewide network
of centers for independent living centers in the provision of services to the
disabled;
3. 2. To provide personal care assistance to persons with severe significant
disabilities; and
4. 3. To assist employers in employing, training, and providing other related
services to persons with severe significant disabilities.
B. Applications for the grants and contracts authorized in subdivisions
subdivision A 1 and A 2 above may be made by any county, city, or
combination thereof or any local public or private nonprofit agency, organization or facility. No
applicant shall be eligible for a grant authorized by subdivisions A 1 and A 2
unless its plan and budget have been approved (i) by the governing body or
bodies of each political subdivision of which it is an agency or by the
governing body, if any, of the private nonprofit agency, organization or
facility making such application and (ii) by the Department. eligible agencies.
Applicants will be eligible if they are a consumer-controlled, community-based,
cross-disability, nonresidential, private nonprofit agency that (i) is designed and
operated within a local community by individuals with disabilities, and (ii)
provides an array of independent living services. Each applicant shall be
established for the sole purpose of operating the center for independent
living. Each applicant shall establish a governing board, the majority of whose
members shall be persons with disabilities, for the sole purpose of operating the
independent living center.
C. Applications for the grants and contracts authorized in subdivision A 3
hereof 2 may be made by persons with severe significant disabilities who are
gainfully employed an average of at least twenty hours per week or will be so
employed within three weeks of for the provision of personal care assistance.
D. Applications for the grants and contracts authorized in A 4 hereof
subdivision A 3 may be made by employers in the Commonwealth who
wish to take affirmative steps to employ and advance in employment persons with
disabilities.
E. An advisory committee shall be established for the purpose of administering
subdivisions A 1 and A 2 of this section. The committee shall consist of
representatives of relevant agencies and groups, independent living centers,
and disability organizations and shall provide consultation and guidance on
matters including statewide planning, development of policies, procedures and
regulations, funding, and auditing.
§ 51.5-24. Independent living services.
A. Independent living services provided pursuant to this chapter may include
provision of:
1. Intake counseling to determine the client's need for specific rehabilitation
services;
2. Referral and counseling services with respect to attendant care;
3. Counseling and advocacy services with respect to legal and economic rights
and benefits;
4. Independent living skills, counseling and training, including such programs
and training in the maintenance of necessary equipment and in job-seeking
skills counseling on therapy needs and programs, responsible consumerism
training and special programs for visually-impaired or hearing-impaired
persons;
5. Housing and transportation referral;
6. Surveys, directories, and other activities to identify appropriate housing
and accessible transportation and other support services;
7. Health establishment and maintenance programs;
8. Peer counseling;
9. Community group-living arrangements;
10. Education and training necessary for living in the community and
participating in community activities;
11. Individual and group social and recreational activities;
12. Attendant care and the training of personnel to provide such care; and
13. Other programs designed to provide resources, training, counseling
services, or other assistance of substantial benefit in promoting the independence,
productivity, and quality of life of persons with disabilities.
B. In making grants for the services listed herein, the Department shall
involve those persons to be served in the planning and provision of those
services. shall be provided in accordance with the federal Rehabilitation
Act of 1973, as amended.
§ 51.5-25. Centers for independent living.
A. Services provided through grants or contracts with centers for independent
living centers pursuant to this chapter may shall include:
1. Advocacy for disabled persons;
2. Job development Peer counseling;
3. Equipment maintenance and evaluation Independent living skills training; and
4. Other services as specified in § 51.5-24 Information and referral.
Services may include other services deemed necessary by the local consumer base.
B. Centers for independent living centers funded in whole or in part by the
Department shall be staffed by persons with disabilities who are trained to
assist individuals with disabilities in achieving social and economic
independence in the philosophy of independent living. The majority of
management staff shall include as large a proportion of persons with
disabilities as is practicable.