Susan Kniep, President
The Federation of Connecticut Taxpayer Organizations, Inc.
Website: http://ctact.org/
email: fctopresident@ctact.org
860-528-0323
May 27, 2006
GROUP HOMES
As the State
addresses the special needs of some of its residents through the concept of
Group Homes, property owners throughout the State who are impacted by Group
Homes in their neighborhoods are raising
issues to include the lack of notification to area residents, Federal
and State authority usurping local control over zoning, associated costs and other concerns.
The recent
proposal by the State to spend $1 million to house 6 residents resulted in the
attached March 28, 2006 State auditor’s report which disclosed a flawed bidding
process and other concerns.
The following is an Excerpt from the attached Auditor’s
report on Makayla’s House. “We believe this cannot be considered a fair, open and
competitive process because it was tainted by the premature discussions that
took place between a representative of the Children’s Trust Fund and the
winning not-for-profit agency. “Also, we
believe that the winning not-for-profit should not have received the award
because it did not submit a complete application by the deadline specified in
the RFP. “Further, we believe the many
other questions raised above should be addressed in any future RFP evaluations.”
Based upon another
excerpt from the Auditor’s report which follows, it is fair to ask if some
occupants of Group Homes are being incorrectly categorized as “mentally ill” to
satisfy Federal and/or State requirements and evade local zoning?
The following is an
Excerpt from the attached Auditor’s report on Makayla’s House. “An official of the Children’s Trust Fund
indicated that she believes that the State law (Connecticut
General Statute Section 8-3e) requires this
property to be treated as a single family residence for local zoning
purposes. “This conclusion is based on
the official’s belief that the intended residents would be diagnosed in such a
way that they would meet the legal definition of being mentally disabled. “This conclusion, however, is not obvious to
us.”
Connecticut General Statute Section 8-3e reads as follows: Regulation of community residences for
mentally retarded persons and child-care residential facilities. (a) No zoning regulation shall treat
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, 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. Please refer to the following website for a further
explanation…. http://www.cga.ct.gov/2005/pub/Chap124.htm#Sec8-3e.htm
****
To draw awareness to their concerns, impacted property owners have
formed a coalition called CONNECTICUT GROUP HOME ABUTTERS (CGHA). The Coalition has
established a website at http://www.ctabutters.com/ .
****
In exploring the issue of Group Homes, the
Federation gained greater insight into how Federal and State laws usurp local
zoning, the lack of notification to abutting property owners, the cost to State
taxpayers, questions on policy when awarding contracts, and more.
To begin a dialogue on
this issue, we must go back to the deinstitutionalization of persons with
mental and physical handicaps which resulted in the expansion of Group
Homes. As communities attempted to
regulate Group Homes, the Federal Government interceded and instituted the Fair
Housing Act Amendments (FHAA) of 1988.
This Act placed limitations on communities in regulating the development
of Group Homes by prohibiting discrimination against people with disabilities
in public and private housing. The Act also gave oversight powers to HUD who
could in turn look for enforcement through the Department of Justice against
discriminatory housing. http://www.mrsc.org/Subjects/Legal/gathe.aspx
.
The following website by HUD http://www.hud.gov/offices/fheo/FHLaws/yourrights.cfm provides greater insight into the law which prohibits
discrimination in housing, under the Fair Housing Act, http://www.usdoj.gov/crt/housing/title8.htm , for those handicapped or with physical or mental disabilities which
includes chronic alcoholism or chronic mental illness….that substantially
limits one or more major life activities.
In
1999,
a Joint Statement was issued by the Department of Justice and the Department
of Housing and Urban Development Regarding Group Homes, Local Land
Use, and the Fair Housing Act: http://www.usdoj.gov/crt/housing/final8_1.htm
Group Homes are
mushrooming throughout Connecticut. The majority of Group Homes, although many
funded with taxpayer dollars, are managed by non profits. There is no notification given to abutting
property owners. If the Group Home
houses 6 or less occupants, there is no local zoning requirement if the
occupants are deemed to have a mental disability.
In March of 2005,
the Commissioner of the State’s Department of Mental Retardation was quoted
within a news article that about “18 of the 814 group homes that the state
Department of Mental Retardation oversees deal specifically with people
referred from the criminal justice system”.
A separate news article reported that a Group Home treated sex
offenders.
More recently, a State plan to purchase one
group home at a cost of $1 million tax dollars to house 6 teenagers drew the
interest of State auditors (see attached) who in March, 2006 concluded in their
multi page finding that the bid was tainted and that “the winning
not-for-profit should not have received the award….” The group home was to house “six girls
between the ages of thirteen and seventeen referred by schools, police or
parents who may have run away, be at risk of running away, be out of control
with their parents or struggling with family problems. There appeared to be no indication to imply
that the occupants of the group home were mentally ill.
To understand the sensitivity of the issue of Group Homes,
and the powers of the Federal government on this issue, it is interesting to
peruse the paper published in 2000 by
David Godschalk of Pepperdine University School of Law
entitled “Protected Petitioning or Unlawful
Retaliation? The Limits of First Amendment Immunity for Lawsuits Under the Fair
Housing Act “ which can be
found at the following website:
http://www.fairhousing.com/index.cfm?method=page.display&pagename=legal_research_articles_firstamdt#n*
In reflecting upon the comments by David Godschalk and with the Federal
government
wanting to protect the rights of those with special needs, there should be
equal consideration given to homeowners who may be their neighbors. Federal and State officials should understand
the concerns of neighbors when the occupants are sex offenders or those leaving
the criminal justice system. If the
occupants are mentally ill and require care, neighbors are entitled to know if
policies and procedures are in place to protect not only the occupants of the
Group Home, but their neighbors.
With the allocation of millions of taxpayer
dollars, there should be greater fiscal oversight of homes purchased from
private property owners and managed by non profit agencies. A red flag should have gone up when Connecticut State officials considered the purchase
of a $1 million group home to house 6 people.
As more and more Group Homes are constructed or converted
from single family residential homes, this issue is likely to develop into a
wider debate in Connecticut
and across the country among neighbors, taxpayers and government officials and
agencies. That which is not resolved
through legislation, could ultimately be established through litigation.
****
The following is an introduction to CONNECTICUT GROUP HOME ABUTTERS
(CGHA) which can be found on their website at http://www.ctabutters.com/ .
CGHA is a group of concerned citizens that have been, or are
about to be, affected by State funded group homes. Rarely is there notification
to abutters before the purchase of the properties for facility usage. Largely,
taxpayers are informed by coincidental means.
This Web Site has been established as a tool for taxpaying
residential homeowners, to have open discussion of current & future STATE
residential group homes allowed under State law without local zoning approval.
With informative interaction, our hope is to acquire the
concrete information necessary for lawmakers (State & Federal) to bring
forth amendments, and/or new bills to protect the rights of taxpayers. Most
taxpayers have their biggest investment under their feet in the home which they
reside.
Current State law which can be
found on www.ct.gov under “government” link, (Statutes)
chapter 124 section 8-3e, provokes many conflicts for residential homeowners.
As a “Gentle People”, we strive to correct, or at the very
least, adapt to the social ills surrounding us. However, the impact of
nonprofit agencies delivering services in residential homes under contract with
the State, affects not only the social norms of our residential neighborhoods,
but without a doubt, decreases property values.
The State Departments of Children & Families,
Corrections, Mental Retardation, and Mental Health and Addiction Services, are
allowed to contract with Private, Non-Profit Agencies to operate facilities in
residential neighborhoods, housing 6 or less clients.
The impact on neighborhoods, individually varies. Each and every
posting on the forum,
no matter how big, or how small, may bring substance to the efforts to secure
justice in a political world rampantly descending upon our doorsteps. Please
register to log in & spend a few moments posting your information,
questions, or comments. http://www.ctabutters.com/
*****
GROUP
HOMES:
FEDERAL
LAWS USURP LOCAL AND STATE LAWS
The following provides insight into the
Federal laws governing Group Homes. http://www.mrsc.org/Subjects/Legal/gathe.aspx
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EXPANSION OF GROUP HOMES
IN CONNECTICUT
In February 2005,
Governor Rell pledged more
money to Group Homes http://www.ct.gov/governorrell/cwp/view.asp?A=1761&Q=289582
In February of this year, Governor Rell’s 2006 State of the State address recommended
the development of more group homes in our State. http://www.hartfordinfo.org/issues/wsd/taxes/governor_address_Feb06.asp
March 22, 2005, Governor Rell Announced $614,145 to Buy Group Home for Boys http://www.ct.gov/governorrell/cwp/view.asp?A=1761&Q=290804
March 24, 2006 Governor Rell Announced Funding for Enfield Group Home http://www.ct.gov/governorrell/cwp/view.asp?A=2425&Q=311356
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LICENSING OF GROUP HOMES
IN CONNECTICUT
Connecticut is divided into three regions by the Department
of Mental Retardation as it relates to the implementation and oversight of
Group Homes. The majority of
these homes are managed by nonprofits. http://www.ct.gov/ethics/cwp/view.asp?a=2305&q=301554 Many Group Homes are financed by the State.
The following web
links provides information on the licensing status of all Group Homes
throughout the State, divided by Region.
WEST Region:
http://www.dmr.state.ct.us/cla_lic/wrlic.htm
SOUTH Region:
http://www.dmr.state.ct.us/CLA_lic/srlic.htm
NORTH Region: http://www.dmr.state.ct.us/CLA_lic/nrlic.htm
*****
REPORTS
AND NEWS ARTICLES ON GROUP HOMES
State of Connecticut’s Office of Legislative Research
Notice Requirement for
Establishing DCF Group Homes
Nov 7, 2005, Report: 2005-R-0835
http://www.cga.ct.gov/2005/rpt/2005-R-0835.htm
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State of Connecticut’s Office of Legislative Research
Community Residences for
Mentally Retarded Persons
April 29, 2005
2005-R-0376
http://www.cga.ct.gov/2005/rpt/2005-R-0376.htm
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Medicaid Rehab Option:
GROUP HOMES http://www.dmhas.state.ct.us/medicaid/grouphomes.htm
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Office of Legislative Research
Opening a Group Home for
Adults
Feb 13, 2003
2003-R-0169
http://www.cga.ct.gov/2003/rpt/2003-R-0169.htm
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Blumenthal Gets The State $878,000 In Restitution
From Former Operators Of Group Homes For The Mentally Retarded http://www.ct.gov/ag/cwp/view.asp?A=1773&Q=282598
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Blumenthal Announces Landmark $1
Million Settlement With Former Group Home Operators Accused of Defrauding The State http://www.ct.gov/ag/cwp/view.asp?A=1772&Q=282490
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MAKAYLA'S HOUSE STIRS
NEIGHBORHOOD; FACILITY FOR TROUBLED GIRLS DRAWS
OPPOSITION, JESSE
HAMILTON; Courant Staff Writer, Hartford Courant
(Connecticut),
March 24, 2006
http://www.knowledgeplex.org/news/155320.html
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City officials criticize group home placement
Tuesday, January
10, 2006, BY STEVE GAMBINI
http://www.rep-am.com/story.php?id=1331
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EX-WORKERS RAP GROUP HOME FOR GIRLS,
Hartford Courant, April
24, 2006
The home is one of
17 that the DCF has opened in the last year, part of a push to take children
out of institutions and put them in local settings, said Elizabeth D'Amico, DCF's director of out-of- home
care. The DCF plans to open 17 more such homes by the end of July.
*****
Troubled Kellogg House to close May 2
By: Jason Rowe,
Journal Inquirer, 02/24/2006
http://www.journalinquirer.com/site/index.cfm?newsid=16192106&BRD=985&PAG=461&dept_id=569380&rfi=8
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Republican-American (Waterbury,
CT) - March 2, 2005
Mandatory disclosure of group
home residents urged
NAUGATUCK — About 18 of the 814 group homes
that the state Department of Mental Retardation oversees deal specifically with
people referred from the criminal justice system, the department's commissioner
told local officials Tuesday. Commissioner Peter O'Meara met with Mayor Ron San
Angelo, Reps. Kevin DelGobbo
and David Labriola,
R-Naugatuck, and police and fire officials to discuss group homes that treat
people accused or convicted of sexual offenses.....
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Republican-American (Waterbury,
CT) - February 24,
2005
State to look at group
home Arrest of patient who left without permission upsets neighbors, brings investigation
NAUGATUCK — The
commissioner of the state Department of Mental Retardation pledged Wednesday to
conduct a thorough investigation into the arrest of patient who left a New
Haven Road group home without permission, as local officials tried to get more
information on group homes that house accused or convicted sexual offenders.. "If any violations of
policies, procedures and/or contract requirements are found to have occurred,
appropriate action through contract...
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Republican-American
(Waterbury, CT) - February 22, 2005,
Police nab group home fugitive, Man fled facility with sex
offenders, caught in stolen car with girl, drugs
NAUGATUCK — A
resident of a New Haven Road group home for the mentally retarded that treats
sexual offenders left the home Sunday night in a car registered to the home and
was arrested about 90 minutes later in Waterbury with a 15-year-old girl in the
car, police said. The staff at the home, which is at 1304 New Haven Road, did not discover
Lament Bowman had left until Waterbury police
notified staff there, according to Naugatuck
police, who took a complaint on the stolen vehicle
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Republican-American (Waterbury,
CT) - February 23,
2005
Group home patient had
assault history, Man found with minor charged in 2002 sex case, but never
prosecuted
NAUGATUCK — The
patient who left a group home and took a car without permission Sunday night
told police he had been assigned for treatment after state's attorneys chose
not to prosecute charges of sexual assault and risk of injury to a minor
against him, according to court documents. Lamont Bowman, 21, was charged in
2002 in Norwalk with three counts of second-degree sexual assault and two
counts of risk of injury to a minor, according to documents in Waterbury
Superior...
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Republican-American (Waterbury,
CT) - March 15, 2005
Officials will tour group
homes Naugatuck
incident sparks probe of 2 sexual offenders' residences
NAUGATUCK — Local officials
will tour two state-contracted group homes that treat accused or convicted
sexual offenders, the mayor said. Officials from the state Department of Mental
Retardation and the company that runs the group homes for the agency will meet
with Mayor Ron San Angelo, police and fire officials, and local legislators at
9:30 a.m. Friday at Town Hall..
The tour of the two group homes, at 1304
New Haven Road and 344 Gunntown
Road, follows meetings between local...
*****