§ 41.16 Local planning; state and local responsibilities.

(a) Each of the offices of the department shall guide and facilitate
the process of local planning so that plans for the provision of all
services, including state and local services, can be formulated on the
basis of approved local plans and federal guidelines related to services
for the mentally disabled to reflect the distribution of needs and
resources of areas of the state. All providers of services, including
facilities of the offices of the department, directors of hospital based
mental health services, directors of community mental health centers,
and voluntary agencies shall participate in and provide information,
including budget data, for local planning processes.

(b) In accordance with regulations established by the commissioner or
commissioners of the offices of the department having jurisdiction of
the services, which shall provide for prompt action on proposed local
services plans, each local governmental unit shall:

1. establish long range goals and objectives consistent with statewide
goals and objectives developed pursuant to section 5.07 of this chapter
and develop or annually update the local services plan of the local
governmental unit or units listing providers, estimated costs and
proposed utilization of state resources, including facilities and
manpower, which shall be used in part to formulate statewide
comprehensive plans for services.

2. submit one local services plan to the single agent of the
department jointly designated by the commissioners of the offices of the
department annually for approval by the commissioner or commissioners of
the office or offices of the department having jurisdiction of the
services.

(c) A local services plan shall be developed, in accordance with the
regulations of the commissioner or commissioners of the office or
offices of the department having jurisdiction of the services by the
local governmental unit or units which shall direct and administer a
local comprehensive planning process for its geographic area, consistent
with statewide goals and objectives established pursuant to section 5.07
of this chapter. The planning process shall involve the directors of any
department facilities, directors of hospital based mental health
services, directors of community mental health centers, consumers,
consumer groups, voluntary agencies, other providers of services, and
local correctional facilities and other local criminal justice agencies.
The local governmental unit, or units, shall determine the proposed
local services plan to be submitted for approval. If any provider of
services including facilities in the department, or any representative
of the consumer or community interests within the local planning
process, disputes any element of the proposed plan for the area which it
serves, the objection shall be presented in writing to the director of
the local governmental unit. If such dispute cannot be resolved to the
satisfaction of all parties, the director shall determine the plan to be
submitted. If requested and supplied by the objecting party, a written
objection to the plan shall be appended thereto and transmitted to the
single agent of the department jointly designated by the commissioners.

(d) Each commissioner of an office in the department shall review the
portion of the local services plan submitted over which his office has
jurisdiction and approve or disapprove such plan in accordance with the
procedures of subdivision (e) of this section.

(e) 1. There shall be a single process for plan review and approval by
the offices of the department which shall provide local governmental
units with a comprehensive response to the plans submitted. All portions
of the plan to which a commissioner of an office of the department does
not object shall be promptly approved and such approvals shall not be
delayed pending approval of other portions of the plan which are
substantially independent of the non-objectionable portion. Those
portions approved by each of the commissioners of the offices of the
department having jurisdiction of the services shall be deemed in effect
for the period covered by the proposed plan. A portion of the plan, once
approved, shall not be amended without the written concurrence of both
the director of the local governmental unit or directors of the local
governmental units and each of the commissioners of the offices of the
department having jurisdiction over such portion of the plan.

2. A commissioner of an office of the department shall not disapprove
any portion of the local services plan without providing the local
governmental unit an opportunity to be heard regarding the proposed
disapproval and to propose any modification of the plan. Pending the
resolution of any dispute over approval of a portion of the plan, by
final determination of the commissioner having jurisdiction over the
services, new programs proposed shall not be implemented and programs
previously implemented shall continue to be funded at existing levels.
If a portion of the plan is disapproved, the commissioner of the office
having jurisdiction over such portion shall notify the local
governmental unit in writing stating reasons for such action.