Substitute Senate Bill No. 1216

Public Act No. 01-161

AN ACT CONCERNING ZONING REQUIREMENTS FOR RESIDENCES FOR CHILDREN WITH MENTAL OR PHYSICAL DISABILITIES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 8-3e of the general statutes is repealed and the following is substituted in lieu thereof:

(a) No zoning regulation shall treat [any] the following in a manner different from any single family residence: (1) Any community residence which houses six or fewer mentally retarded persons and necessary staff persons and which is licensed under the provisions of section 17a-227, [in a manner different from any single family residence] or (2) any child-care residential facility which houses six or fewer children with mental or physical disabilities and necessary staff persons and which is licensed under sections 17a-145 to 17a-151, inclusive.

(b) Any resident of a municipality in which such a community residence or child-care residential facility is located may, with the approval of the legislative body of such municipality, petition (1) the Commissioner of Mental Retardation to revoke the license of such community residence on the grounds that such community residence is not in compliance with the provisions of any statute or regulation concerning the operation of such residences, or (2) the Commissioner of Children and Families to revoke the license of such child-care residential facility on the grounds that such child-care residential facility is not in compliance with the provision of any general statute or regulation concerning the operation of such child-care residential facility.

Sec. 2. Section 8-3f of the general statutes is repealed and the following is substituted in lieu thereof:

No community residence or child-care residential facility established pursuant to section 8-3e, as amended by this act, shall be established within one thousand feet of any other such community residence or child-care residential facility without the approval of the body exercising zoning powers within the municipality in which such residence is proposed to be established.

Sec. 3. (NEW) The party responsible under the provisions of subdivision (2) of subsection (e) of section 10-76d of the general statutes for the costs of education and other services for a child shall not be relieved from such responsibility by (1) establishment in a municipality of (A) any community residence which houses six or fewer mentally retarded persons and necessary staff persons and which is licensed under the provisions of section 17a-227 of the general statutes, or (B) any child-care residential facility which houses six or fewer children with mental or physical disabilities and necessary staff persons and which is licensed under sections 17a-145 to 17a-151, inclusive, of the general statutes, or (2) the placement of a child in any such community residence or child-care facility.

Sec. 4. This act shall take effect July 1, 2001.

Approved July 6, 2001