HomeMy WebLinkAboutResolutions - 1982.03.31 - 13756April 1st, 1982
REPORT
By; General Government Committee - Wallace F, Gabler, Jr., Chairperson
In re: Resolution 4 82078, Community Placement Recommendations
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr, Chairperson, Ladies and Gentlemen:
The General Government Committee having reviewed Resolution 1q32078,
Community Placement Recommendations, reports with the recommendation that the
resolution be adopted with the following amendments!
To add, "that the state shall provide for compensation for property owner
in the immediate vicinity of the group home under the general condemnation
policies of the state which provide for partial loss of property value.'
That the resolution be :Imended by changing the word "should" to "shall"
wherever it appears i;.-E resolution,
That the last BE IT FUR ED paragraph be amended to ocirj
report" after the ward -resoluno ,.."
To add as the second WHEREAS, "WHEREAS further state programs and
statutes shall conform to local health, safety and zoning ordinances."
That the resolution be amended by adding, "the over-concentrated areas
would not he subject to additional homes unless they receive the approval
of the local Foster Care Home Development Authorities by prohibiting new
foster harwe development in those areas determined to be over-concentrated,"
MR. CHAIRPERSON, on behalf of the General Government Committee, i
move the acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
,
Miscellaneous Resolution # 82078 March 18, 1982
BY: HEALTH AND HUMAN RESOURCES COMMITTEE—Marilynn E. Gosling, Chairperson
IN RE: COMMUNITY PLACEMENT RECOMMENDATIONS
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies, and Gentlemen:
WHEREAS the State of Michigan has established by law a system for community
placement of mentally ill and developmentally disabled persons; and
WHEREAS the Ad Hoc Committee on Community Placement has studied the issue at
length and has made the following recommendations:
Effective regulations governing timely notification to the community of
any proposed foster care facilities and license transfers should be established.
Local units of government should by law have: (I) the cooperation of the
Department of Social Services and the Department of Mental Health in
establishing a system for registration of all foster care facilities within
their boundaries to be sure they are aware of all such homes in operation
or under development; and (2) the option of becoming involved with
the Department of Social Services and the Department of Mental Health
in the home development process to whatever extent they wish.
State and local agencies developing foster care facilities should place an
emphasis on establishing one or two bed "family foster care homes" in
which the licensee is a resident in preference to larger facilities.
Administrative rules and policies of the State should be revised to provide
for more intensive screening and training of home licensees, operators, and
staff. Criteria for training should be established and should be uniform for
all State agencies.
The State should carefully monitor the involvement of the Michigan State
Housing Development Authority in foster care facility construction and the
use of Michigan State Housing Development Authority funds to underwrite
investors who own but do not operate a home used for foster care.
The question of the legal liability of foster care facility operators, their
responsibility for residents' actions, and the responsibility of the patient-
residents of foster care homes for their own actions must be clearly defined
by the State.
The local mental health authority (i.e. the County Community Mental Health
Board) in partnership with local government should control selection, place-
ment in foster care, and case management for all mentally ill and developmentally
disabled persons.
Foster care home development authorities should assure that homes are established
in more even distribution through the County to avoid the overconcentration
that has plagued some areas.
The State should make a greater effort to inform and educate the public on
the legal status of patients in the Mental Health System so it will understand
that resistance to Community Placement will not send patients back to
institutions.
The State should establish a central and reliable source of offical information
for the public in an existing agency. This agency should have the function
of data collection and reporting relative to all community placement facilities
in the State, should provide liaison with local governments and residents
and be responsible for receiving and investigating concerns and complaints
from the public on foster care facilities.
The State should recognize the need for a balanced public mental health
care system. Adequate staffing and physical facilities should be retained
and maintained for those patients for whom hospitalization remains clinically
the most appropriate form of treatment.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
call on the State legislature to instigate legislation and , where appropriate, to oversee
the promulgation of rules in the Department of Social Services and the Department of Mental
Health to carry out these recommendations.
BE IT FURTHER RESOLVED that copies of this resolution be sent to the county's
legislative representatives in Lansing and to the county's legislative agent.
Mr. Chairperson, on behalf of the Health and Human Resources Committee, I move
the adoption of the foregoing resolution.
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LT :iv D HUMAN RESOURCES
#82078 March 18, 1582
Moved by Gosling supported by Hobart the resolution be adopted.
Moved by Hobart supported by Gosling the resolution be amended by
changing the word "should" to "must" wherever it appears in the resolution.
Also the last BE IT FURTHER RESOLVED paragraph be amended to add "and report"
after the word "resolution".
Moved by Gabler the resolution be amended after the first paragraph
by adding another paragraph to read: "Further; state programs and statutes
shall conform to local health and safety ordinances".
Moved by Price the resolution be amended by adding "the over-concentrated
areas would not be subject to additional homes unless they receive the approval
of the local roster Care. Home Development Authorities".
The chairperson referred the resolution with amendments to the General
Government Committee. There were no objections.
#82078 April 1, 1982
Moved by Gosling supported by Gabler the resolution be adopted.
Moved by Gosling supported by Cagney the report be accepted.
A sufficient majority having voted therefor, the motion carried.
Moved by Gabler supported by Gosling the resolution be amended to include
the amendments in the General Government Committee report.
Moved by Moore supported by Perinoff the amendment be amended in the fourth
paragraph to add: "Local government (cities, townships and villages) shall have
authority to define over-concentration and prohibit further placement of homes in
areas determined to be over-concentrated."
Discussion followed.
Vote on amendment to the amendment:
A sufficient majority not having voted therefor, the amendment to the amend-
ment failed.
Moved by Gosling supported by Moore the amendment be amended in the fourth
paragraph to read: "the over-concentrated areas would not be subject to additional
homes."
A sufficient majority having voted therefor„the amendment to the amendment
carried.
Vote on amendment as amended:
A sufficient majority having voted therefor, the amendment as amended carried.
Moved by Calandro supported by Montante the resolution be amended as follows:
Following the first WHEREAS paragraph insert the following new paragraphs:
"WHEREAS current legislation and administrative procedures often circumvent
local government and citizen participation and concerns; and
WHEREAS it has been a long-standing policy of the Oakland County Board of
Commissioners to oppose infringement upon local zoning authority; and
WHEREAS the Board reaffirms its position that state programs and statutes
shall conform to local health, safety and zoning ordinances; and"
In the Recommendations portion of the resolution, insert the following new
wording in place of paragraph 3, "State and local agencies developing foster care
facilities shall place an emphasis on working with local communities to determine
the best possible type of "family foster care" homes to be established. While one
or two bed homes in which the licensee is a resident may be preferable, larger
facilities shall be considered when determined appropriate to best serve client
needs and maintain community integrity. In paragraph #4, amend the second
sentence to read "Criteria for high-quality training should be established and
shall be uniform for all state agencies."
Vote on amendment:
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution as amended:
AYES: Caddell, Cagney, Calandra, DiGiovanni, Doyon, Fortino, Gabler, Geary,
Gosling, Jackson, Kasper, Lanni, McDonald, Moffitt, Montante, Moore, Olsen, Page,
Patterson, Perinoff, Pernick, Peterson, Price, Whitlock, Wilcox, Aaron. (26)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution as amended
was adopted.
#82078 April 1, 1982
1st day of 19 82 A
ALLEN
Cpunfy Clerk/Register of Oceds
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and having a'seal,
do hereby certify that I have compared the annexed copy of
Miscellaneous Resolution #82078 adopted by the Oakland County Board of Commissioners
at their meeting held on April 1, 19.82.
with the orginial record thereof now remaining in my office, and
that it is a true and correct transcript therefrom, and of the
whole thereof.
In Testimony Whereof, I have hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan
this