Developmental Disabilities: Advisory Committee Bylaws

PURPOSE

The purpose of the board (as defined in Title 10 O.S. 1430.4) shall be to:

1. Serve as an advisory body to the Department of Human Services for   the development and improvement of services to and care and treatment of consumers of  group homes subject to the provisions of the Act.
2. Review, make recommendations regarding and approve in its advisory capacity the system of standards developed by the Department.
3. Evaluate and review the standards, practices, and procedures of the Department regarding the administration and enforcement of the provisions of the Act.
4. Serve as an advisory body to the Department of Human Services regarding the implementation of any nationally recognized accreditation standards, as they apply to community-based facilities and services adopted by the Commission as standards for the provision of services to people with developmental or physical disabilities who receive services through the Department; and
5. Present any recommendations to the Oklahoma Commission for Human Services.

MEMBERSHIP

The following groups are represented by a member on the advisory committee:

1. Parent-Guardian Associations at the Northern and Southern Oklahoma Resource Centers (one representative from each.) (2)
2. TARC (1)
3. Oklahoma Chapter of the American Association on Intellectual and Developmental Disabilities. (1)
4. Parent, guardian, or immediate family caregiver of a consumer with a related condition. (1)
5. Primary or secondary consumers of community based services. (One representative from Area I, Area II, and Area III) (3)
6. Oklahoma Community-based Providers (two representatives – one residential and one vocational) (2)
7. Provider of community services not affiliated with a provider organization with designated membership on this committee (1).
8. Parent, guardian or immediate family caregiver of a child with developmental disabilities receiving services from the state’s public school program. (1)
9. Oklahoma People First. (1)
10. Parent, guardian or immediate family-caregiver of a person waiting for community-based services from DDS.  (1)
11. A private ICF/IID, either nonprofit or profit, affiliated with the Oklahoma Association of Health Care Providers. (1)
12. The Center for Learning and Leadership (CLL.) (1)
13. The Oklahoma Developmental Disabilities Council. (1)
14. The Oklahoma State Department of Health. (1)
15. The Oklahoma Health Care Authority. (1)
16. The Oklahoma State Department of Rehabilitation Services (1)
17. Citizens at large, appointed by the Director (2).

Each group nominates representatives to serve on the committee for three-year terms. For parents, guardians, family caregivers, or other membership slots not affiliated with named organizations, the Director shall seek out nominations through established channels of communications with people representing these slots. The Director makes the final appointments based on each group’s recommendation or the nominee’s expression of interest, whichever is applicable, and in accordance with DHS policy OAC 340-100-3-25.  In making appointments, the Director shall stagger terms of office so that one third of the members’ terms expire each year.  Members can be reappointed to additional terms at the discretion of the Director.

Each committee member may appoint one officially recognized designee to act with full voting rights of the member, provided the designee has been formally nominated by the member and the designee's qualifications to serve have been vetted and approved by DDS.

Any committee member with unexcused absences for two consecutive regular meetings, may be considered to have vacated his/her seat on the committee.  A member who ceases to qualify for their membership slot during their term of office shall be considered to have vacated his/her seat on the committee and will be replaced by another qualifying person using the original appointment process.

MEETINGS

1. Meetings shall be held at least four times a year.  Special meetings will be called as the chairperson deems necessary. 
2. Copies of all materials to be reviewed as well as minutes of the last meeting shall be provided to each committee member at least 21 days prior to the next regularly scheduled meeting. All materials provided to the members will also be made available on the DDS website.
3. A quorum is required for agenda items designated as “action items.”  A quorum shall be declared when 50% or greater of the currently filled positions is represented. 
4. In compliance with the Open Meetings Act, reasonable notice of each special meeting shall be given to committee members.
5. A time for public comments will be provided during each meeting of the advisory committee as announced by the committee chairperson.
6. Members receive no compensation for their services but will be reimbursed for necessary travel and other expenses incurred in the performance of their official duties in accordance with the Oklahoma Travel Reimbursement Act.  Title 74 O.S. 500.1-500.35 as amended. 

OFFICERS

1. Officers of the committee shall be chairperson, vice chairperson, and secretary.
2. Committee officers shall be elected annually by the committee membership at its last meeting of the calendar year and shall serve for one year.
3. Members may serve in one officer position for a maximum of two consecutive one-year terms.
4. The chairperson shall preside at all regular and special meetings and will confer with the DDS Director in preparing an agenda; setting dates of meetings; appointing members of sub-committees and serve as ex-officio member of all sub-committees. 
5. The chairperson shall serve as the spokesperson for the advisory committee with the DDS Director.
6. The vice chairperson shall serve as acting chairperson in the event of the chairperson’s absence and perform other duties deemed appropriate by the chairperson.
7. The secretary shall call the roll and take vote counts with the assistance of DDS staff assigned to the committee as necessary.

SUB-COMMITTEES

The Advisory Committee may form ad-hoc sub-committees as needed. Due to the technical nature of the sub-committee’s mission, subject-matter experts may be recruited to serve in addition to the official membership.

1. The Best Practice Sub-Committee shall provide information regarding national trends and best-practice concepts in the development and delivery of services to persons with developmental disabilities.  
2. The Policy Sub-Committee shall be responsible for reviewing new and existing policies as well as policy revisions, and for presenting these for action by the Advisory Committee.   
3. The Evaluation Sub-Committee shall formulate strategies to regularly gather consumer, parent and family input and shall report and make recommendations to the Advisory Committee on policies and/or practices that need to be reviewed.

DUTIES OF OKDHS/DDSD ADMINISTRATION AND STAFF

For the Advisory Committee to operate and perform necessary functions, the Department of Human Services will provide the following staff support and cooperation.  The Director of Developmental Disabilities Services (DDS) shall serve as the liaison between the Department and the committee.  The DDS Director will:

1. Provide sufficient staff support and assistance to assure efficient and effective functioning of the committee.  The Director will assign additional staff when requested by the chairman or when additional support functions are necessary. Meeting minutes and all other official documents and actions of the committee shall be made available to the Director.
2. Require that program managers coordinate with the committee to establish an annual calendar for policy review and revision, with recommendations for public forums, and procedures for providing an expedited review of policies requiring amendment due to regulatory changes or other emergencies. 
3. Assure that policies developed in conjunction with the settlement of litigation are reviewed by the committee. 
4. Within the resources available, support the attendance of committee members at appropriate conferences and educational functions.   
5. The Department will institute a process to hold public forums regarding major program and policy initiatives or revisions affecting service recipients when directed by the committee. DDS program staff shall present summaries of comments received at these public forums to committee members during meetings. Representative committee members shall be present at any public forum.
6. The Department shall collect written public comments from interested citizens regarding proposed policy changes up to 24 hours prior to the meeting at which the policies are to be considered by the committee.  The Department shall make copies of the comments available to all committee members on the day of the meeting.
7. The Department will provide impact statements consistent with the Administrative Procedures Act for any proposed policy to be reviewed by the Advisory Committee.  The impact statements will include information such as the number of persons affected by the policy as well as the fiscal impact to consumers and providers.
8. The Department will provide orientation and training to committee members such as: the Administrative Procedures Act, the purpose of the committee, and the duties of members.  

AMENDMENTS TO BYLAWS

The Department of Human Services Director approves the bylaws and amendments of the Advisory Committee in accordance with Policy OAC 340-100-3-25.  Amendments of these bylaws at any meeting shall require a vote of at least two-thirds of the membership present provided that at least 21 days notice stating the proposed amendment has been submitted in writing to the committee members.  In addition, the chairperson shall notify the Department in writing of the proposed amendment(s) no less than 15 days prior to committee action regarding such amendment(s) for comment and for determination whether the proposed amendment(s) are consistent with applicable laws, regulations, or policy determinations.  Amendment(s) in conflict with laws, regulations, or policy shall be null and void.

PARLIAMENTARY PROCEDURE

Robert’s Rules of Order, New Revised, shall govern all meetings of the committee.

The above and foregoing bylaws were approved by a two-thirds majority of the membership of the Advisory Committee on Services to Persons with Developmental Disabilities at its meeting held on September 12, 2013.