§15043. System required — Inbound Citations
42 U.S.C. § 15043
Cited by 9 provisions in release 119-102.
Citations to 42 U.S.C. § 15043 as a whole
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(ff) the State protection and advocacy system established in accordance with section 15043 of title 42; or
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(A) working with protection and advocacy systems established in accordance with section 15043 of title 42; and
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(22) The term “protection and advocacy system” means a protection and advocacy system established in accordance with section 15043 of this title.
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(a) In a State in which the system described in section 15043 of this title is organized as a private nonprofit entity with a multimember governing board, or a public system with a multimember governing board, such governing board shall be selected according to the policies and procedures of the system, except that—(A) the governing board shall be composed of members who broadly represent or are knowledgeable about the needs of the individuals served by the system;(B) a majority of the members of the board shall be—(i) individuals with disabilities, including individuals with developmental disabilities, who are eligible for services, or have received or are receiving services through the system; or(ii) parents, family members, guardians, advocates, or authorized representatives of individuals referred to in clause (i); and(C) the board may include a representative of the State Council on Developmental Disabilities, the Centers in the State, and the self-advocacy organization described in section 15024(c)(4)(A)(ii)(I) of this title;(2) not more than ⅓ of the members of the governing board may be appointed by the chief executive officer of the State involved, in the case of any State in which such officer has the authority to appoint members of the board;(3) the membership of the governing board shall be subject to term limits set by the system to ensure rotating membership;(4) any vacancy in the board shall be filled not later than 60 days after the date on which the vacancy occurs; and(5) in a State in which the system is organized as a public system without a multimember governing or advisory board, the system shall establish an advisory council—(A) that shall advise the system on policies and priorities to be carried out in protecting and advocating the rights of individuals with developmental disabilities; and(B) on which a majority of the members shall be—(i) individuals with developmental disabilities who are eligible for services, or have received or are receiving services, through the system; or(ii) parents, family members, guardians, advocates, or authorized representatives of individuals referred to in clause (i).
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(ii) are consistent with, and to the extent feasible complement and further, the Council goals contained in the State plan submitted under section 15024 of this title and the system goals established under section 15043 of this title; and
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(3) The term “protection and advocacy system” means a system established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043).
Citations to §15043(a)
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(1) To assist States in meeting the requirements of section 15043(a) of this title, the Secretary shall allot to the States the amounts appropriated under section 15045 of this title and not reserved under paragraph (6). Allotments and reallotments of such sums shall be made on the same basis as the allotments and reallotments are made under subsections (a)(1)(A) and (e) of section 15022 of this title, except as provided in paragraph (2).
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(5) In a State in which the system is housed in a State agency, the State may use not more than 5 percent of any allotment under this subsection for the costs of monitoring the administration of the system required under section 15043(a) of this title.
Citations to §15043(b)
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(B) provide a grant in accordance with section 15043(b) of this title, and in an amount described in paragraph (2)(A)(i), to an American Indian consortium to provide protection and advocacy services.