Page:United States Statutes at Large Volume 98 Part 3.djvu/303

 PUBLIC LAW 98-527—OCT. 19, 1984

98 STAT. 2675

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. "(c) Each habilitation plan shall be reviewed at least annually by the agency primarily responsible for the delivery of services to the person for whom the plan was established or responsible for the coordination of the delivery of services to such person. In the course of the review, such person and the person's parents or guardian or other representative shall be given an opportunity to review such plan and to participate in its revision. "STATE PLANNING COUNCILS

"SEC. 124. (a)(l) Each State which receives assistance under this part shall establish a State Planning Council which will serve as an advocate for persons with developmental disabilities. The members of the State Planning Council of a State shall be appointed by the Governor of the State from among the residents of that State. The Governor of each State shall make appropriate provisions for the rotation of membership on the Council of that State. Each State Planning Council shall at all times include in its membership representatives of the principal State agencies (including the State agency that administers funds provided under the Rehabilitation Act of 1973, the State agency that administers funds provided under the Education of the Handicapped Act, and the State agency that administers funds provided under title XIX of the Social Security Act for persons with developmental disabilities), higher education training facilities, each university affiliated facility or satellite center in the State, the State protection and advocacy system established under section 142, local agencies, and nongovernmental agencies and private nonprofit groups concerned with services to persons with developmental disabilities in that State. "(2) At least one-hgdf of the membership of each such Council shall consist of persons who— "(A) are persons with developmental disabilities or parents or guardigms of such persons, or "(B) are immediate relatives or guardians of persons with mentally impairing developmental disabilities, who are not employees of a State agency which receives funds or provides services under this part, who are not managing employees (as defined in section 1126(b) of the Social Security Act) of any other entity which receives funds or provides services under this part, and who are not persons with an ownership or control interest (within the meaning of section 1124(a)(3) of the Social Security Act) with respect to such an entity. "(3) Of the members of the Council described in paragraph (2)— "(A) at least one-third shall be persons with developmental disabilities, and "(B)(i) at least one-third shall be individuals described in subparagraph (B) of paragraph (2), and (ii) at least one of such individuals shall be an immediate relative or guardian of an institutionalized person with a developmental disability. "(b) Each State Planning Council shall— "(1) develop jointly with the State agency or agencies designated under section 122(b)(l)(B) the State plan required by this

Establishment. 42 USC 6024.

29 USC 701 note. 20 USC 871. 42 USC 1396. Post, p. 2679.

42 USC i320a-5. 42 USC i320a-3.

Ante, p. 2670.

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