Bill S545-2011

Provides guidelines and aids in locating sites for community residential facilities

Provides guidelines and aides in locating sites for community residential facilities; requires OPDD to conduct study on location of proposed sites.

Details

Actions

  • Jan 4, 2012: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • Mar 23, 2011: REPORTED AND COMMITTED TO FINANCE
  • Jan 5, 2011: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

Votes

VOTE: COMMITTEE VOTE: - Mental Health and Developmental Disabilities - Mar 23, 2011
Ayes (5): McDonald, Bonacic, Huntley, Peralta, Klein
Ayes W/R (4): Ball, Hannon, Seward, Zeldin
Excused (1): Duane

Memo

BILL NUMBER:S545

TITLE OF BILL: An act to amend the mental hygiene law, in relation to site selections of community residential facilities

PURPOSE OR GENERAL IDEA OF BILL: Provides guidelines and aid in locating sites for community residential facilities.

SUMMARY OF PROVISIONS: Section 1 amends subparagraph C of paragraph 1 of subdivision c of section 41.34 of the mental hygiene law, as amended by chapter 823 of the laws of 1992 by adding a new subdivision (g) adding group homes housing juvenile delinquents, outpatient clinics and day treatment centers providing psychiatric and drug rehabilitation services to the list of community residences and similar facilities whose presence the state must consider when evaluating the siting of a proposed community residential facility. The bill also requires OPWDD to conduct a study of community residence siting patterns and within a year issue guidelines for acceptable community concentration levels and appropriate minimum distances between community residence facilities.

Section 2 for an effective date 180 days after it shall become law.

JUSTIFICATION: According to data released by the New York State Office of Children and Family Services, Mt. Vernon, a city with a population of 68,381, situated on 4.36 square miles, is already home to approximately twenty-seven residential facilities licensed by either the New York state Department of Health, Office of Mental Retardation and Developmental Disabilities, Office of Children and Family Services or the Office of Temporary and Disability Assistance.

This legislation was drafted response to concerns by the City of Mount Vernon that it has become over-saturated with group homes and is shouldering a disproportionate share of Westchester County's entire burden of providing services to these residences It would expand the current limits of Padavan's Law so that all group homes housing juvenile delinquents, as well as outpatient clinics and day treatment centers providing psychiatric and drug rehabilitation services would be included in determining when a community has reached its saturation point.

Under the existing provisions of Padavan's Law (section 4L34 of the consolidated Laws of Mental Hygiene) organizations for the mentally disabled must apply for residency by submitting a letter of intent that details the nature of the proposed residence. The city then has 40 days to accept the proposal, suggest an alternative site within city-limits, or reject it because it "would result in a concentration of community residential facilities for the mentally disabled."

Padavan's Law does not currently include facilities for juvenile delinquents or outpatient clinics for substance abuse, both of which

affect the essential 'nature and character' of a community just as much as other state-licensed group facilities and should rightfully be considered in determining the limits of their location. This legislation would expand the scope of similar existing facilities whose presence must be considered in determining whether or not to permit the siting of new community residential facilities.

To avoid excessive clustering and undue demands on local services in the future, this legislation also calls for a statewide study to determine the appropriate minimum distances between such facilities.

PRIOR LEGISLATIVE HISTORY: 2007-08 - S.5333 - Referred to Mental Health & Developmental Disabilities 2009-10 - S.1873 - Referred to Mental Health & Developmental Disabilities

EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 545 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sens. KLEIN, DIAZ, HASSELL-THOMPSON, HUNTLEY, SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities AN ACT to amend the mental hygiene law, in relation to site selections of community residential facilities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph (C) of paragraph 1 of subdivision (c) of section 41.34 of the mental hygiene law, as amended by chapter 823 of the laws of 1992, is amended and a new subdivision (g) is added to read as follows: (C) object to the establishment of a facility of the kind described by the sponsoring agency because to do so would result in such a concen- tration of community residential facilities for the mentally disabled in the municipality or in the area in proximity to the site selected or a combination of such facilities with other community residences or simi- lar facilities licensed by other agencies of state government, including all community residences, intermediate care facilities, residential care facilities for adults and residential treatment facilities for individ- uals with mental illness or developmental disabilities operated pursuant to article sixteen or article thirty-one of this chapter and all similar residential facilities of fourteen or less residents operated or licensed by another state agency[,] AND ALSO GROUP HOMES HOUSING JUVE- NILE DELINQUENTS AND OUTPATIENT CLINICS AND DAY TREATMENT CENTERS PROVIDING PSYCHIATRIC AND DRUG REHABILITATION SERVICES that the nature and character of the areas within the municipality would be substantial- ly altered. (G) IN ADDITION TO ANY OTHER PROVISION OF THIS SECTION, THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES SHALL CONDUCT A STUDY OF STATE- WIDE AND LOCAL MUNICIPAL SITING PATTERNS FOR FACILITIES REFERRED TO IN
SUBPARAGRAPH (C) OF PARAGRAPH ONE OF SUBDIVISION (C) OF THIS SECTION AS THEY RELATE TO COMMUNITY RESIDENTIAL FACILITIES AND WITHIN THREE HUNDRED SIXTY-FIVE DAYS ISSUE ITS RECOMMENDED GUIDELINES FOR APPROPRIATE COMMU- NITY CONCENTRATION LEVELS AND MINIMUM DISTANCES BETWEEN SUCH FACILITIES. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.

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