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This entry was published on 2014-09-22
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SECTION 41.15
Approved plans and state aid
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 41
§ 41.15 Approved plans and state aid.

(a) Net operating costs of programs incurred pursuant to an approved
local services plan in accordance with the regulations of the
commissioner or commissioners of the office or offices of the department
having jurisdiction of the services and approved by the commissioner or
commissioners of the office or offices of the department having
jurisdiction of the services shall be eligible for state aid.

(b) Long range goals, intermediate range plans, and annual plans shall
meet requirements for comprehensive services set for each local
government by the commissioners of the offices of the department after
taking into consideration local needs and available resources. These
services shall be concerned with diagnosis, care, treatment, social and
vocational rehabilitation, community residential services licensed by
the department of mental hygiene, research, consultation and public
education, education and training of personnel, control and prevention
of mental disabilities, and the general furtherance of mental capability
and health. As part of the local services plan required to establish
eligibility for state aid in accordance with the provisions herein, each
local governmental unit shall submit a five-year plan and annual
implementation plans and budgets which shall reflect local needs and
resources, including the needs and resources available for the provision
of community support services, and the role of facilities in the
department in the provision of required services.

(c) Subject to regulations for special circumstances as established by
the commissioner or commissioners of the office or offices of the
department having jurisdiction of the services, no annual plan or
intermediate range plan of the local governmental unit shall be approved
unless it indicates that reasonable efforts are being made to extend or
improve local services in each succeeding local fiscal year in
accordance with the statewide long range goals and objectives of the
department for the development and integration of state, regional, and
local services for the mentally disabled.

(d) Beginning the first day of July, nineteen hundred seventy-eight,
allocations of state aid for operating costs shall be made to eligible
local governental units in advance no more than ten days after the
beginning of each quarter. Such quarterly payments shall be adjusted,
when necessary, to reflect actual eligible net operating costs,
projected eligible net operating costs and appropriations available and
shall be subject to audit and readjustment to comply with all applicable
provisions of this article.

(e) Capital costs incurred by a local government or by a voluntary
agency, pursuant to an approved local services plan and in accordance
with the regulations of the commissioner or commissioners of the office
or offices of the department having jurisdiction of the services and
with the approval of the commissioner or commissioners having
jurisdiction of the services, shall be eligible for state aid pursuant
to the provisions of this article. Capital costs incurred by a voluntary
agency shall be eligible for state aid only if incurred pursuant to an
agreement between the voluntary agency and the local governmental unit
where the construction is located. Such agreement shall contain the
approval by the local governmental unit of such construction and an
agreement by such unit to include the program of the voluntary agency in
its plans and proposals.

(f) Services made available to or provided for children attending
public schools, for which aid is sought pursuant to this chapter, shall
be made available to or provided to all school children upon request by
the authorities of their schools.