25-10-104. Developmental disabilities services — Board of Developmental Disabilities Services.

25-10-104. Developmental disabilities services — Board of Developmental Disabilities Services. (a) The Board of Developmental Disabilities Services and the institutional and supportive facilities of the human development centers located at Alexander, Conway, Arkadelphia, Jonesboro, Booneville, and the Southeast Arkansas Human Development Center at Warren, and all improvements and additions to those institutional units made subsequent to February 4, 1971, shall be operated under the control of the Board of Developmental Disabilities Services within the Department of Human Services. (b) The Board of Developmental Disabilities Services shall name the administrative head or director of each of the respective institutions under the board's jurisdiction with the concurrence of the Secretary of the Department of Human Services. (c) Under a type 1 transfer of the Board of Developmental Disabilities Services, and the institutions under its management and control, to the department, the board shall have control of all budgeting, purchasing, and related management functions in accordance with the limitations and restrictions thereon provided in this act and by other laws applicable thereto. (d)(1) It is the intent of this section that the administration of the human development centers located at Arkadelphia, Booneville, Conway, Jonesboro, and the Southeast Arkansas Human Development Center at Warren, and the various facilities and services thereof, shall be under the control of the Board of Developmental Disabilities Services, as provided and intended by Arkansas Constitution, Amendment 33, but the board shall exercise its control in accordance with the general guidelines, policies, and rules of the department governing divisions, offices, sections, or units within the department with respect to budgets, personnel and personnel policies, records, purchasing, bookkeeping, and other administrative procedures prescribed by the secretary. (2) It is the intent of this act that the Board of Developmental Disabilities Services shall devote its time and resources to the operation and management of the state-owned and controlled institutional programs of the various state human development centers and that the establishment and operation of community programs, workshops, and other services for individuals with developmental disabilities or individuals with intellectual disabilities in this state and other regional and community services benefiting individuals with developmental disabilities or individuals with intellectual disabilities shall be administered by the department through the divisions, offices, sections, or units of the department as determined by the secretary. (e)(1) Nothing in this act shall be construed to prevent community providers from making determinations consistent with guidelines and criteria established by the state with respect to the appropriate placement of eligible individuals with developmental disabilities or individuals with intellectual disabilities in the least restrictive setting and the development of individual program plans for instructional and case management functions for individuals with developmental disabilities or individuals with intellectual disabilities, in keeping with the requirements of regulations promulgated pursuant to the Education for All Handicapped Children Act of 1975, Pub. L. No. 94-142, and § 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112. (2) The state reserves the authority to make final determination of eligibility for services funded, in whole or in part, by state and federal funds.