Provides guidelines and aids in locating sites for community residential facilities

4 Co-sponsors

• Ruben Diaz
• Ruth Hassell-Thompson
• Shirley L. Huntley
• Diane J. Savino

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 OMRDD to conduct a study of community residence siting patterns and issue guidelines for acceptable community concentration levels and appropriate minimum distances between community residence facilities.

Section 2 provides an immediate effective date.

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

None. This is new legislation.

Effective date

This act shall take effect immediately.