Assembly Bill A9957

                                BILL NUMBER:A9957

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 pres-
ence 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  Develop-
mental  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 oversaturated with group homes and is shoul-
dering 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 delin-
quents, as well as outpatient clinics and day treatment centers  provid-
ing  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  delin-
quents  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 consid-
ered 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.