NY Ment Hygiene L § 41.13 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 41 - Local Services 41.13 - Powers and Duties of Local Governmental Units.

§ 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, 2022   * 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, 2022  (b)  The  powers  of the local governmental unit listed in subdivision (a) of this section shall be exercised pursuant to  regulations  of  the commissioner.  (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.