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This entry was published on 2022-04-22
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Powers and duties of local governmental units
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 41
§ 41.13 Powers and duties of local governmental units.

(a) Every local governmental unit shall:

1. review services and local facilities for the mentally disabled of
the area which it serves and their relationship to local need; determine
needs of the mentally disabled of such area; and encourage programs of
prevention, diagnosis, care, treatment, social and vocational
rehabilitation, special education and training, consultation, and public
education on mental disabilities.

2. develop the program of local services for the area which it serves,
establish long range goals of the local government in its programs for
the mentally disabled, and develop intermediate range plans and
forecasts, listing priorities and estimated costs. The office of mental
health shall be responsible for such program development relating to
community support services in areas where the responsible local
governmental unit elects, pursuant to subdivision (c) of section 41.47
of this article, not to receive state aid for community support
services. Local governmental units which elect not to receive such
state aid for community support services shall integrate information
relating to community support services into the comprehensive plan for
services, as otherwise required by this article.

3. direct and administer the development of a local comprehensive plan
for all services for mentally disabled residents of the area, which
shall be submitted to the department and used in part to formulate a
statewide comprehensive plan for services.

4. seek to assure that under the goals and plans required pursuant to
this subdivision, all population groups are adequately covered,
sufficient services are available for all the mentally disabled within
its purview, that there is coordination and cooperation among local
providers of services, that the local program is integrated and
coordinated with the provision of community support services, that the
local program is also integrated and coordinated with the programs of
the department, and that there is continuity of care among all providers
of services.

5. submit annually to the department for its approval and subsequent
state aid, a report of long range goals and specific intermediate range
plans as modified since the preceding report, along with a local
services plan for the next local fiscal year.

6. have the power, with the approval of local government, to enter
into contracts for the provision of services, including the provision of
community support services, and the construction of facilities.

7. establish procedures for execution of the local services plan as
approved by the local government and the commissioner, including
regulations to guide the provision of services by all organizations and
individuals within its program.

8. make policy for and exercise general supervisory authority over or
administer local services and facilities provided or supervised by it
whether directly or through agreements, including responsibility for the
proper performance of the services provided by other facilities of local
government and by voluntary and private facilities which have been
incorporated into its comprehensive program.

9. further programs for special education and training, including
career incentive and manpower and development.

10. have the power to conduct or contract for such research as may be
useful for the discharge of its administrative duties and for the
promotion of scientific knowledge of the mental disabilities.

11. serve as a center for the promotion of community and public
understanding of mental disabilities and of the services necessary for
their care and treatment.

12. seek the cooperation and cooperate with other aging, public health
and social services agencies, public and private, in advancing the
program of local services.

13. have the powers necessary and proper for the effective performance
of its functions and duties.

14. require the development of a written treatment plan as provided in
rules and regulations of the commissioner which shall include, but not
be limited to, a statement of treatment goals; appropriate programs,
treatment or therapies to be undertaken to meet such goals; and a
specific timetable for assessment of client progress as well as for
periodic mental and physical reexaminations. In causing such a plan to
be prepared or when such a plan is to be revised, the client or an
authorized representative, to include the parent or parents if the
client is a minor, shall be interviewed and provided an opportunity to
actively participate in such preparation or revision.

* 15. administer, supervise or operate any assisted outpatient
treatment program of a local governmental unit pursuant to section 9.60
of this chapter and provide that all necessary services are planned for
and made available for individuals committed under the program.

* NB Repealed June 30, 2027

* 16. identify and plan for the provision of care coordination,
emergency services, and other needed services for persons who are
identified as high-need patients, as such term is defined by the
commissioner of mental health.

* NB Repealed June 30, 2027

(b) The powers of the local governmental unit listed in subdivision
(a) of this section shall be exercised pursuant to regulations of the

(c) The director shall submit an annual report on programs and
services to the board and other reports as requested.

(d) The local governmental unit shall have full powers necessary for
administration and the execution of its duties to appoint and employ,
with power of removal, full and part time officers, employees, and
consultants, including employees of the department, in accordance with
the standards, policies, and salary schedules provided by law or
otherwise authorized.

(e) In the event that a local governmental unit shall refuse to enter
into a contract with a voluntary agency applying for a contract for the
rendition of services under this article, such agency shall have the
right of appeal to the commissioner. If, after review, the commissioner
upholds the appeal, the department may enter into a contract directly
with the appealing agency for such services as this article permits.