[Code of Federal Regulations]

[Title 45 Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1386.30]



[Page 348-349]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 

                           AND HUMAN SERVICES

 

PART 1386_FORMULA GRANT PROGRAMS--Table of Contents

 

    Subpart C_Federal Assistance to State Developmental Disabilities 

                                Councils

 

Sec.  1386.30  State plan requirements.





    (a) In order to receive Federal financial assistance under this 

subpart, each State Developmental Disabilities Council must prepare and 

submit to the Secretary, and have in effect, a State Plan which meets 

the requirements of sections 122 and 124 of the Act (42 U.S.C. 6022 and 

6024) and these regulations. Development of the State Plan and 

applicable annual amendments are responsibilities of the State 

Developmental Disabilities Council. The Council will provide 

opportunities for public input during the planning and development of 

the State Plan and will consult with the Designated State Agency to 

determine that the plan is not in conflict with applicable State laws 

and to obtain appropriate State Plan assurances.

    (b) Failure to comply with State plan requirements may result in 

loss of Federal funds as described in section 127 of the Act (42 U.S.C. 

6027).

    (c) The State plan may be submitted in any format the State selects 

as long as the items contained in the Act are addressed. The plan must:

    (1) Identify the program unit(s) within the Designated State Agency 

responsible for helping the Council to obtain assurances and fiscal and 

other support services.

    (2) Identify the priority areas selected by the Council and by the 

State in which 65% of Federal allotment will be expended.

    (3) Where applicable, describe activities in which the State's 

Developmental Disabilities Council, Protection and Advocacy System 

agency, and University Affiliated Program(s) collaborate to remove 

barriers or address critical issues within the State and bring about 

broad systems changes to benefit individuals with developmental 

disabilities and, as appropriate, individuals with other disabilities.

    (d) The State plan must be reviewed at least once every three years.

    (e) (1) The State Plan may provide for funding projects to 

demonstrate new approaches to direct services which enhance the 

independence, productivity, and integration and inclusion into the 

community of individuals with developmental disabilities. Direct service 

demonstrations must be short-term and include a strategy to locate on-

going funding from other sources. For each demonstration funded, the 

State Plan must include an estimated period of the project's duration 

and a brief description of how the services will be continued without 

Federal developmental disabilities program funds. Council funds may not 

be used to fund on-going services which should be paid for by the State 

or other sources.

    (2) The State plan may provide for funding of other projects or 

activities, including but not limited to, studies, evaluation, outreach, 

advocacy, self-advocacy, training, community supports, public education, 

and prevention. Where extended periods of time are needed to achieve 

desired results, these projects and activities need not be time-limited.

    (f) The State Plan must contain assurances that:

    (1) The State will comply with all applicable Federal statutes and 

regulations in effect during the time that the State is receiving 

formula grant funding;

    (2) The human rights of individuals with developmental disabilities 

will be protected consistent with section 110 of the Act (42 U.S.C. 

6009).

    (3) Buildings used in connection with activities assisted under the 

Plan must meet all applicable provisions of Federal and State laws 

pertaining to accessibility, fire, health and safety standards.



[[Page 349]]



    (4) The State Developmental Disabilities Council shall follow the 

requirements of section 124(c) (8), (9) and (10) of the Act regarding 

budgeting, staff hiring and supervision and staff assignment. Budget 

expenditures must be consistent with applicable State laws and policies 

regarding grants and contracts and proper accounting and bookkeeping 

practices and procedures. In relation to staff hiring, the clause 

``consistent with State law'' in section 124(c)(9) means that the hiring 

of State Developmental Disabilities Council staff must be done in 

accordance with State personnel policies and procedures except that a 

State shall not apply hiring freezes, reductions in force, prohibitions 

on staff travel, or other policies, to the extent that such policies 

would impact staff or functions funded with Federal funds and would 

prevent the Council from carrying out its functions under the Act.



(Information collection requirements contained in paragraph (c) under 

control number 0980-0162 and paragraph (e) under control number 0980-

0139 are approved by the Office of Management and Budget)



[49 FR 11779, Mar. 27, 1984, as amended at 52 FR 44847, Nov. 20, 1987; 

54 FR 47985, Nov. 20, 1989; 61 FR 51159, Sept. 30, 1996]