§ 8909. Boards of directors of nonprofit corporations designated as community mental health
and developmental disability agencies
(a) The board of a nonprofit corporation that is designated by the Commissioner of Mental
Health or of Disabilities, Aging, and Independent Living to be a community mental
health and developmental disability agency shall be representative of the demographic
makeup of the area served by the agency. A majority of the members of the board shall
be composed of both individuals who are or were eligible to receive services from
an agency because of their disability, and family members of an individual who is
or was eligible to receive services because of his or her disability. The board president
shall survey board members on an annual basis and shall certify to the Commissioner
that the composition of the board is comprised of a majority as required by this section.
This composition of the board shall be confirmed by the organization’s annual independent
audit. Annually, the board shall determine whether or not this disclosure shall be
made available to the public on request. The board shall have overall responsibility
and control of the planning and operation of the community mental health agency.
(b) The board shall direct the development of the local community services plan and shall
consult with the Commissioners, with consumers, with other organizations representing
persons receiving services, persons with developmental disabilities, and children
and adolescents with a severe emotional disturbance, and with other governmental or
private agencies that provide community services to the people served by the agency
to determine the needs of the community for mental health and developmental disability
services, and the priority need for service. The plan shall encourage utilization
of existing agencies, professional personnel, and public funds at both State and local
levels in order to improve the effectiveness of mental health and developmental disability
services and to prevent unnecessary duplication of expenditures.
(c) For the purpose of this section:
(1) “Disability” means, with respect to an individual,
(A) a physical or mental impairment, including alcoholism and substance abuse as defined
by the Americans with Disabilities Act, that substantially limits one or more of the
major life activities of the individual;
(B) a record of such an impairment; or
(C) being regarded as having such an impairment.
(2) “Family member” means an individual who is related to the individual with a disability
by blood, marriage, or adoption, or considers himself or herself to be family based
upon bonds of affection, and who currently shares a household with the individual
with a disability or has, in the past, shared a household with that individual. For
the purposes of this section, “bonds of affection” means enduring ties that do not
depend on the existence of an economic relationship.
(3) “Commissioner” means either the Commissioner of Mental Health or the Commissioner
of Disabilities, Aging, and Independent Living, or both, depending on the circumstances
and subject matter of the issue or issues being addressed. (Added 1979, No. 108 (Adj. Sess.), § 4; amended 1987, No. 264 (Adj. Sess.), § 12; 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 174 (Adj. Sess.), § 3; 1997, No. 113 (Adj. Sess.), § 1; 2005, No. 174 (Adj. Sess.), § 47; 2007, No. 15, §§ 16, 22; 2013, No. 96 (Adj. Sess.), § 115.)