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
****
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/
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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.
*****
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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