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Susan Kniep, President

Susan Kniep, President

The Federation of Connecticut Taxpayer Organizations, Inc.
Website:  http://ctact.org/
email:  fctopresident@ctact.org

860-528-0323

May 27, 2006

 

 

WELCOME TO THE 77th     EDITION OF 

 

 

 

 

 

  TAX TALK

 

 

 

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 

 

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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/  .

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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.  

 

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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/

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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

 

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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.

 

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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...

 

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