You asked whether (1) state law requires a state or private agency to notify town officials or residents before establishing a group home and (2) any state agency has policies or procedures governing a home changing the type of clients it serves.

SUMMARY

State law prohibits local zoning regulations from treating group residences housing (1) six or fewer people with mental retardation, mental illness, or substance abuse disorders or (2) six or fewer children with mental or physical disabilities in any way that differs from a single-family residence. With one exception, state law does not address notice either to officials in a town where a group home is proposed or to people who live near a home's proposed location.

Several federal courts have held that such notice requirements are discriminatory under the federal Fair Housing Act because they treat people with mental or physical disabilities living in group homes differently than other people living in similar housing.

The Developmental Services (DDS), Mental Health and Addiction Services (DMHAS), and Children and Families (DCF) departments all fund private group home providers. They do not require providers to notify town officials or residents before siting a home. The Judicial Branch's Court Support Services Division also funds group home providers. It does not require them to notify town officials or resident, but they must obtain local zoning approval for their group homes, which can involve public hearings and notice to adjoining property owners.

DCF must notify town officials when a home's population changes. DCF licenses each group home it funds, and when a home changes its client population, the law requires it to apply for a new license and requires the DCF commissioner to notify the town's chief executive officer (CGS § 17a-145). DCF interprets this law to cover changes in the types, ages, and acuity levels of children served.

No laws, policies, or procedures govern the change of use of a home operated or funded by the other agencies.

GROUP HOME SITING AND NOTICE REQUIREMENTS

Connecticut Law

Siting. State law prohibits local zoning regulations from treating the following types of group residences in any way different from a single family residence:

1. a group home housing six or fewer people with mental retardation,

2. a licensed child-care residential facility housing six or fewer children with mental or physical disabilities, or

3. a licensed community residence housing six or fewer people receiving mental health or addiction services (CGS § 8-3e).

Local zoning regulations cannot prohibit any group residence for people with mental illness in any area zoned for multifamily dwellings (CGS § 8-3g). A group residence cannot be established within 1,000 feet of an existing one without approval of the local zoning authority (CGS §§ 8-3f, 19a-507b (a)).

Once any group home begins operation, a resident in the town can petition the supervising state agency to take action against it on the grounds that it is violating any law governing its operation. Before submitting a petition, the resident must obtain the town legislative body's approval (CGS §8-3e (b)).

Residents of a town where a community residence for people with mental illness or substance abuse disorders is located or planned can ask the public health commissioner to deny the facility's license application on the grounds that its site violates the 1,000 foot rule and can ask DMHAS to withdraw its funding for violating this or any other law governing its operation (CGS § 19a-507b (b)).

Notice. With one exception, no state law requires notice either to officials of a town where a group home is proposed to be sited or to people who live near the home's proposed location. The exception involves the placement of people with mental retardation who DDS determines pose a serious threat to others without supervision and security measures. In these situations, which apply to the transitional unit at DDS' Altobello campus in Meriden (which is not in a community residential setting), DDS must notify the town's chief elected official and chief law enforcement officer and the legislature's Public Health Committee (CGS § 17a-212; Conn. Agency Regs. , 17a-212-4

Federal Law

The federal Fair Housing Act prohibits a broad range of practices that discriminate against individuals with mental and physical disabilities. Two federal courts have held that notice requirements concerning group homes for people with such disabilities are discriminatory under the act. It could be argued that the act also conflicts with the state's 1,000-foot separation statute.

In the first notice case, the court reviewed an Montgomery County, Maryland ordinance that required providers to notify neighbors and civic organizations before establishing a group home. The court held the requirement to be “facially invalid” and found no rational basis or legitimate government interest to support it. It rejected the county's argument that the notice was intended to better integrate the home's residents into the community by promoting a dialogue between providers and the neighborhood saying, “a purportedly benign purpose of a facially discriminating ordinance is irrelevant to a determination of the lawfulness of the legislation. ”

The problem with notice, the court continued, is that it assumes that people with disabilities were different from people without disabilities and must take different steps to become part of the community. It found this requirement equally offensive as a rule to require a minority family to give notice to neighbors before moving into a predominately white neighborhood (Potomac Group Home Corporation v. Montgomery County, Maryland, 823 F. Supp. 1285 (D. Md. 1993)).

The second case also addressed a neighborhood notification requirement. It involved a state law that required city councils to provide notice of a proposed group home to residents whose property lines were within 1,500 feet of the facility. In striking down this requirement, the court stressed that the Fair Housing Act was intended to prohibit actions that would limit the ability of people with disabilities to live where they chose. The court found no rational basis for the requirement (Larkin v. State of Michigan, 883 F. Supp. 172 (E. D. Mich. 1994).

The act applies to people whose mental or physical impairment substantially limits one or more major life activities (e. g. , self-care, working, and capacity for independent living). It covers such people as those with mobility impairments, mental retardation, HIV/AIDS, brain injury, and mental illness.

But, unless they have a covered disability, the act does not apply to people who currently use illegal drugs, people convicted of making or selling drugs, sex offenders, and juvenile offenders. Additionally, the act does not cover people, with or without disabilities, who present a direct threat to other people or their property. Such a determination must be made on an individual basis and cannot be based on general assumptions about the nature of a disability, according to a joint statement by the federal Justice and Housing and Urban Development departments. A law requiring notice of group homes for these populations may pass judicial scrutiny.

STATE AGENCY SITING POLICIES

Four state agencies fund the private providers that operate small community-based residential facilities: DDS, DMHAS and DCF, and the Judicial Department's Court Services Support Division (CSSD). DDS also directly operates nearly 100 residences. Each agency's siting process is described below.

DDS

DDS operates or funds over 800 group homes throughout the state, most housing six or fewer people. It does not notify town officials or area residents before siting a group home.

Group home development typically begins when a DDS regional office issues a request for proposals (RFP), which is often based on the needs of specific clients. The RFP identifies the type of setting needed, taking into account the level of care, supports, and supervision required, and the specific geographic area where DDS wants the home located. In most instances, DDS attempts to serve clients in the area where they live, grew up, work, and socialize. The group home's location is based on numerous factors, including the clients' social networks, their job or vocational programs, their and their families' characteristics and needs, water and sewerage availability, proximity to supportive services and facilities, and the location of other DDS homes and services.

Once the RFP is awarded, the provider works with a realtor or developer to identify a site based on all the information it has gathered. The provider can either purchase an existing home or purchase land on which to build a new house. Once the provider finds a possible site, the DDS resource manager inspects the property to determine whether it meets the criteria detailed in the RFP.

DMHAS

DHMAS funds 28 group residences in 19 towns. It has not sited a group home in over seven years, according to legislative liaison Doreen DelBianco, and did not notify town officials or residents when it last did so. Smaller residences house people with mental illness and those with acquired brain injury; substance abuse residences are larger, typically housing 10 or more people.

DCF

DCF funds 46 residences in 32 towns. It funds three types of residences: (1) small homes that provide clinical services to children with some history of trauma (therapeutic group homes), (2) homes for older adolescents with mild to moderate emotional problems who are transitioning out of DCF custody into independent living (PASS homes), and (3) temporary shelters that include an intensive clinical component, mainly for children in protective services who are experiencing behavioral problems (STAR homes).

DCF does not require group home operators to notify town officials or neighbors. It develops group homes through an RFP process in which it seeks providers to serve a specific population in a specific area (typically the area a specific DCF office serves). Once a contract is awarded, the provider searches for a site in the specified area.

CSSD

CSSD contracts for beds in 16 small group residences (four to 10 people) in nine towns; over half are in the state's five largest cities. Twelve residences house adults, mainly substance abusers, while four house juveniles.

CSSD does not require providers to notify local officials or neighbors, but this may occur during the siting process because the law prohibiting differential treatment of group homes does not apply to CSSD residences. CSSD uses an RFP process to select a provider; the RFP requires the provider to obtain local zoning approval for the facility. To obtain zoning approval for a residence for nonrelated individuals, the provider typically needs to request a zone change, special exemption, or variance. When the requested change requires a public hearing, notice must be published in a local newspaper and adjoining property owners must be notified by mail.

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