Rogene Keck, a volunteer for Kansas Advocacy & Protective Services, was pleased for the people she works with that regulations implementing Developmental Disabilities Reform (DD reform) in Kansas are now in place. Mrs. Keck and her husband Dick are guardians and conservators for seven people with developmental disabilities in Wichita. They also adopted a child with Down's Syndrome.

The regulations will provide real choice," she said.

The developmental disabilities regulations, recently approved by Department of Social and Rehabilitation Secretary Rochelle Chronister to go into effect July 1, do two things:

*implement Developmental Disabilities Reform, which was passed by the 1995 Kansas Legislature with instructions to SRS to develop regulations for implementation;

*replace outdated and prescriptive licensing requirements for community providers with regulations which describe the outcomes and achievements expected for persons with developmental disabilities living in the community.

With the new law, Kansas, for the first time, has recognized and committed to providing services in the community for persons with developmental disabilities. Previously, the only commitment in statute involved services in institutions.

The regulations make the 28 Community Developmental Disabilities Organizations (CDDOs) across the state the single point of entry into the state's system of services for persons with developmental disabilities. They also create a system where no one can be excluded from services within available fiscal appropriations. Under the law, consumers or their parents and guardians have final say on where and what kind of services will be provided.

The Legislature responded to the need to create an organized system of community services for persons with developmental disabilities," said Chronister. With these regulations, the state has gone into partnership with providers. And the choice of services and who provides those services has been placed in the hands of the consumer."

Mrs. Keck said in the past, consumers sometimes were powerless as they tried to find and keep needed services.

You really did not have a choice," she said. It sometimes was even a matter of threatening clients. They would say 'you've got to be good or we'll kick you out.' And then where will you go?"

Hugh Sage, Ph.D., commissioner of Mental Health and Developmental Disabilities Services (MH&DD) for SRS, said the regulations not only promote consumer choice but also streamline the system. He called it a major, major shift in the system put in place by people of good will.

Previously, we had many different agencies with different entrance and exit requirements," he said. The regulations give needed structure to changes that have been going on for years concerning how services are provided persons with developmental disabilities."

Creation of the new regulations did not come easy. But mediated sessions lasting over two days involving representatives of providers, the state, and advocates for persons with developmental disabilities brought about final regulations acceptable to all parties. Previously, MHDD officials held numerous public meetings across the state seeking input.

Rep. Jerry Henry, director of Achievement Services of Northeast Kansas who represented the CDDOs during mediation, said a lot was accomplished.

"I mediated for the 28 CDDOs and I can't say all 28 were completely satisfied," Rep. Henry said. But I am saying some of the things we accomplished were very, very worthwhile. SRS bent over backwards to make sure local community people are making the major decisions.

The Developmental Disabilities Act definitely helps us," Henry added. This closes the gap and gives consumers and parents and guardians confidence. Now they are backed up by statute; they are going to have services in the community."

Ron Pasmore, vice president of programs and services for the Kansas Elks Training Center for the Handicapped (KETCH) in Wichita, was also part of final mediation concerning the regulations. He called it a good process.

"I feel there were a lot of improvements in terms of local control," he said. The CDDOs will engage in a process of developing an area plan. There is much more flexibility for each locality to determine its needs and allocate resources to meet those needs."

Pasmore also praised DD reform.

It is the first piece of legislation in Kansas that defines the whole system of services for persons with developmental disabilities," he said. It recognizes and emphasizes the role of services in the community as opposed to services in institutions."

In Wichita, Mrs. Keck pointed to the situation faced by a youth she is guardian for to show how the situation will improve under DD reform.

While the youth much preferred spending the day at one agency because he liked to be around the older people served there, the agency would not take him because he occasionally left without telling anyone.

Mrs. Keck said the regulations will force this agency to honor his choice as long as it does not place him at risk.

He'll be much happier," she said.

Page Last Updated: May 29, 2001