(a) There is hereby established the Division of Services for Aging and Adults with Physical Disabilities within the Department of Health and Social Services.

(b) Definitions. — (1) As used in this section, “adults with physical disabilities” shall include persons who are age 18 or older; whose physical condition is anticipated to last 12 months or more; whose physical condition affects their ability to live independently; and who need ongoing assistance with daily living. Persons receiving primary case management services from other state agencies, if eligible, may receive services from the Division of Services for Aging and Adults with Physical Disabilities. Persons who have an assigned case manager from another state agency shall retain that case manager as a primary.

(2) As used in this section, “aging or elderly persons” shall have the same meaning as older and eligible individuals as defined in the Older Americans Act, 42 U.S.C. § 3001 et seq.

(c) The objective of the Division of Services for Aging and Adults with Physical Disabilities is to improve or maintain the quality of life for residents of Delaware at least 18 years of age with physical disabilities, or who are elderly. The Division is committed to the development and delivery of consumer-driven services. As such, these services will maximize independence through individual choice in the least restrictive environment possible, enable adults with physical disabilities and those who are elderly to continue living active and productive lives, and protect those who may be vulnerable and at risk.

(d) The Division shall have the following duties and functions:

(1) Serve as the focal point for the assessment, planning and development of service delivery systems designed to meet the needs of adults with physical disabilities and those who are elderly;

(2) Serve as an advocate for the needs of the elderly and adults with physical disabilities by supporting the individual, family and others who serve as the individual’s support system through the provision and coordination of services designed to maximize independent living in the least restrictive manner possible;

(3) Provide information and training to those in the private and public sectors to increase awareness and encourage development of systems and services critical to improving the quality of life for the aging and adults with physical disabilities;

(4) Facilitate a strong service delivery system through promoting the creation of public/private partnerships which shall serve to develop, combine and maximize appropriate resources;

(5) Receive and disburse all funds available to the State from any source, including but not limited to the United States Government, to be used for the benefit of the aging and adults with physical disabilities, unless the receipt and disbursal of such funds is otherwise provided by law;

(6) Carry out a formal evaluation of the program to include, but not be limited to, organization, services, coordination, customer satisfaction, training and the role of the Advisory Council and its subcommittees after 2 years of operation, and report to the Secretary, the General Assembly and the Governor. In addition, the Division shall annually prepare a report on service requests, requests fulfilled, requests that could not be met and why and observed gaps in service delivery for the Secretary and the General Assembly; and

(7) The Division is authorized to solicit and accept contributions, grants, gifts, and bequests from individuals and/or organizations including, but not limited to, private foundations or alliances, nonpublic agencies, institutions, organizations, or businesses. All funds generated shall be retained by the Division in order to defray costs associated with the volunteer and community service activities and events of the Division. Funds received will not be used for employee salaries or benefits. All funds received are subject to audit by the Department of Health and Social Services and the Delaware Office of Management and Budget, and the employees of the Division are bound by § 5806 of this title when engaging in fundraising activities.

29 Del. C. 1953, § 7923; 59 Del. Laws, c. 136, § 4; 60 Del. Laws, c. 251, §§ 2, 3; 69 Del. Laws, c. 345, § 4; 75 Del. Laws, c. 339, § 1; 75 Del. Laws, c. 385, § 1.