2010 New York Code
MHY - Mental Hygiene
Title E - GENERAL PROVISIONS
Article 41 - (41.01 - 41.57) 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, 2015
    * 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, 2015
    (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.