Page:United States Statutes at Large Volume 89.djvu/563

 PUBLIC LAW 94-103—OCT. 4, 1975

89 STAT. 503

appropriate to the needs of the persons being served hj such programs, assure that the persons admitted to facilities of such programs are persons whose needs can be met through services provided by such facilities, and assure that the facilities under such programs provide for the humane care of the residents of the facilities, are sanitary, and protect their rights; and "(C) in the case of nonresidential programs, which assure the care provided by such programs is appropriate to the persons served by the programs." HABILITATION PLANS

SEC. 202. Part A of the Act is amended by inserting after section 111 (added by section 201) the following new section: "HABILITATION PLANS

"SEC. 112. (a) The Secretary shall require as a condition to a 42 USC 6011. State's receiving an allotment under part C after September 30, 1976, Ante, p. 489. that the State provide the Secretary satisfactory assurances that each program (including programs of any agency, facility, or project) which receives funds from the State's allotment under such part (1) has in effect for each developmentally disabled person who receives services from or under the program a habilitation plan meeting the requirements of subsection (b), and (2) provides for an annual review, in accordance with subsection (c), of each such plan. "(b) A habilitation plan for a person with developmental disabil- Requirements, ities shall meet the following requirements: " (1) The plan shall be in writing. "(2) The plan shall be developed jointly by (A) a representative or representatives of the program primarily responsible for delivering or coordinating the delivery of services to the person for whom the plan is established, (B) such person, and (c) where appropriate, such person's parents or guardian or other representative. "(3) Such plan shall contain a statement of the long-term habilitation goals for the person and the intermediate habilitation objectives relating to the attainments of such goals. Such objectives shall be stated specifically and in sequence and shall be expressed in behavioral or other terms that provide measurable indices of progress. The plan shall (A) describe how the objectives will be achieved and the barriers that might interfere with the achievement of them, (B) state an objective criteria and an evaluation procedure and schedule for determining whether such objectives and goals are bein^ achieved, and (C) provide for a program coordinator who will be responsible for the implementation of the plan. "(4) The plan shall contain a statement (in readily understandable form) of specific habilitation services to be provided, shall identify each agency which will deliver such services, shall describe the personnel (and their qualifications) necessary for the provision of such services, and shall specify the date of the initiation of each service to be provided and the anticipated duration of each such service. "(5) The plan shall specify the role and objectives of all parties to the implementation of the plan.

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