N.Y. MHY Law § 41.13 — New York Code / Act MHY / Title E / Article 41 / Section 41.13
Powers and duties of local governmental units
Status: in_force

§ 41.13 Powers and duties of local governmental units.\n  (a) Every local governmental unit shall:\n  1. review services and local facilities for the mentally disabled of\nthe area which it serves and their relationship to local need; determine\nneeds of the mentally disabled of such area; and encourage programs of\nprevention, diagnosis, care, treatment, social and vocational\nrehabilitation, special education and training, consultation, and public\neducation on mental disabilities.\n  2. develop the program of local services for the area which it serves,\nestablish long range goals of the local government in its programs for\nthe mentally disabled, and develop intermediate range plans and\nforecasts, listing priorities and estimated costs. The office of mental\nhealth shall be responsible for such program development relating to\ncommunity support services in areas where the responsible local\ngovernmental unit elects, pursuant to subdivision (c) of section 41.47\nof this article, not to receive state aid for community support\nservices.  Local governmental units which elect not to receive such\nstate aid for community support services shall integrate information\nrelating to community support services into the comprehensive plan for\nservices, as otherwise required by this article.\n  3. direct and administer the development of a local comprehensive plan\nfor all services for mentally disabled residents of the area, which\nshall be submitted to the department and used in part to formulate a\nstatewide comprehensive plan for services.\n  4. seek to assure that under the goals and plans required pursuant to\nthis subdivision, all population groups are adequately covered,\nsufficient services are available for all the mentally disabled within\nits purview, that there is coordination and cooperation among local\nproviders of services, that the local program is integrated and\ncoordinated with the provision of community support services, that the\nlocal program is also integrated and coordinated with the programs of\nthe department, and that there is continuity of care among all providers\nof services.\n  5. submit annually to the department for its approval and subsequent\nstate aid, a report of long range goals and specific intermediate range\nplans as modified since the preceding report, along with a local\nservices plan for the next local fiscal year.\n  6. have the power, with the approval of local government, to enter\ninto contracts for the provision of services, including the provision of\ncommunity support services, and the construction of facilities.\n  7. establish procedures for execution of the local services plan as\napproved by the local government and the commissioner, including\nregulations to guide the provision of services by all organizations and\nindividuals within its program.\n  8. make policy for and exercise general supervisory authority over or\nadminister local services and facilities provided or supervised by it\nwhether directly or through agreements, including responsibility for the\nproper performance of the services provided by other facilities of local\ngovernment and by voluntary and private facilities which have been\nincorporated into its comprehensive program.\n  9. further programs for special education and training, including\ncareer incentive and manpower and development.\n  10. have the power to conduct or contract for such research as may be\nuseful for the discharge of its administrative duties and for the\npromotion of scientific knowledge of the mental disabilities.\n  11. serve as a center for the promotion of community and public\nunderstanding of mental disabilities and of the services necessary for\ntheir care and treatment.\n  12. seek the cooperation and cooperate with other aging, public health\nand social services agencies, public and private, in advancing the\nprogram of local services.\n  13. have the powers necessary and proper for the effective performance\nof its functions and duties.\n  14. require the development of a written treatment plan as provided in\nrules and regulations of the commissioner which shall include, but not\nbe limited to, a statement of treatment goals; appropriate programs,\ntreatment or therapies to be undertaken to meet such goals; and a\nspecific timetable for assessment of client progress as well as for\nperiodic mental and physical reexaminations. In causing such a plan to\nbe prepared or when such a plan is to be revised, the client or an\nauthorized representative, to include the parent or parents if the\nclient is a minor, shall be interviewed and provided an opportunity to\nactively participate in such preparation or revision.\n  * 15. administer, supervise or operate any assisted outpatient\ntreatment program of a local governmental unit pursuant to section 9.60\nof this chapter and provide that all necessary services are planned for\nand made available for individuals committed under the program.\n  * NB Repealed June 30, 2027\n  * 16. identify and plan for the provision of care coordination,\nemergency services, and other needed services for persons who are\nidentified as high-need patients, as such term is defined by the\ncommissioner of mental health.\n  * NB Repealed June 30, 2027\n  (b) The powers of the local governmental unit listed in subdivision\n(a) of this section shall be exercised pursuant to regulations of the\ncommissioner.\n  (c) The director shall submit an annual report on programs and\nservices to the board and other reports as requested.\n  (d) The local governmental unit shall have full powers necessary for\nadministration and the execution of its duties to appoint and employ,\nwith power of removal, full and part time officers, employees, and\nconsultants, including employees of the department, in accordance with\nthe standards, policies, and salary schedules provided by law or\notherwise authorized.\n  (e) In the event that a local governmental unit shall refuse to enter\ninto a contract with a voluntary agency applying for a contract for the\nrendition of services under this article, such agency shall have the\nright of appeal to the commissioner. If, after review, the commissioner\nupholds the appeal, the department may enter into a contract directly\nwith the appealing agency for such services as this article permits.\n