(a) The Council for Services for Aging and Adults with Physical Disabilities ("Council") serves in an advisory capacity to the Director
of the Division of Services for Aging and Adults with Physical Disabilities ("DSAAPD") and considers matters relating to the coordination
and effectiveness of programs and services for older Delawareans and adults with physical disabilities, and other matters as may be
referred to it by the Governor, the Secretary of the Department, or the Director.
(b) The Council consists of at least 15 members appointed by the Governor. The Governor shall appoint members for terms of up to
3 years. Members' terms must be staggered so that the terms of no more than 7 members expire in 1 year. The Council is composed
of the following:
(1) More than 50% of older persons, meaning persons aged 60 years or more, including minority individuals.
(2) Representatives of older persons, such as a caregiver of an aging or elderly person or a caregiver of an adult with a physical
disability.
(3) Representatives of health-care provider organizations, including providers of veterans' health care, if appropriate.
(4) Representatives of supportive service provider organizations.
(5) Persons with leadership experience in the private and voluntary sectors.
(6) Local elected officials.
(7) The general public.
(8) Two members, each being from a public or nonprofit agency that provides services to "alleged victims" as defined in § 3902
of Title 31.
(9) An "adult with a physical disability," or a caregiver of an "adult with a physical disability," as defined in § 7920 of this title.
(10) Family caregivers, which may include older relative caregivers.
(11) As available:
a. Representatives from Indian tribes, pueblos, or tribal aging programs.
b. Older relative caregivers, including kin and grandparent caregivers of children or adults age 18 through 59 with a disability.
(c) Conflict of interest policy. —
In accordance with 45 C.F.R. §§ 1321.47 and 1321.63, members representing service providers may serve on the Council, but the
appointed individual must not have any personal or financial interest and may not receive funding from DSAAPD. The Division shall
adopt, amend, or repeal regulations to mitigate potential conflicts of interest to ensure compliance with federal requirements. For purposes
of this section, the term "personal interest" includes the meanings set forth in § 5805 of this title and under applicable federal law and the
term "financial interest" includes the meanings set forth in § 5804 of this title and under applicable federal law.
(d) [Repealed.]
(e) A Council member serves without compensation, except for reimbursement for reasonable and necessary expenses incident to duties
as a member of the Council.
(f) Council members shall elect a chair for a 2-year term from among its members, with the chair alternating each term between a
representative of the aging community and a representative of adults with physical disabilities. A chair may serve 2 nonconsecutive terms.
(g) An appointment to the Council to fill a vacancy prior to the expiration of a term shall fill the remainder of the term.
(h) The Council chair shall discharge a member who is absent from more than 3 consecutive meetings, unless excused by the Council.
(i) The Council may establish subcommittees and make appointments to the subcommittees with the approval of all members of the
Council.
(j) A quorum of the Council is a majority of the council members.
(k) A Council decision relative to policy and budget must be made by a majority of the members present at a meeting that has a
quorum. The Division of Services for Aging and Adults with Physical Disabilities shall provide staff assistance to Council and Council's
subcommittees.‹ Prev All Delaware sections Next ›
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