§ 41.44 Community residential services for the mentally ill.\n (a) The commissioner of mental health is authorized, within\nappropriations made therefor, to establish a continuum of community\nresidential services for the mentally ill.\n (b) The commissioner shall establish standards for the operation and\nfunding of community residential services, including but not limited to:\n 1. criteria for admission to and continued residence in each type of\ncommunity residence;\n 2. periodic evaluation of services provided by community residences;\n 3. staffing patterns for each type of community residence; and\n 4. guidelines for determining state aid to community residences, as\ndescribed in subdivision (c) of this section.\n (c) Within amounts available therefor and subject to regulations\nestablished by him and notwithstanding any other provisions of this\narticle, the commissioner may provide state aid to local governments and\nto voluntary agencies in an amount not to exceed one hundred percent of\nnet operating costs of community residences for the mentally ill. The\ncommissioner shall establish guidelines for determining the amount of\nstate aid provided pursuant to this section. The guidelines shall be\ndesigned to enable the effective and efficient operation of such\nresidences and shall include, but need not be limited to standards for\ndetermining anticipated revenue, for retention and use of income\nexceeding the anticipated amount and for determining reasonable levels\nof uncollectible income. Such state aid to voluntary agencies shall not\nbe granted unless there has been prior approval of the proposed\ncommunity residence by the local governmental unit.\n (d) The commissioner shall establish standards for the operation and\nfunding of residential care centers for adults, including but not\nlimited to:\n 1. criteria for admission to and continued residence in residential\ncare centers for adults, including curfews, restrictions against on-site\nuse of alcohol and controlled substances and criminal involvement. For\nresidential care centers for adults licensed or established after April\nfirst, nineteen hundred eighty-eight criteria for admission shall also\ninclude but not be limited to, in the case of centers on the grounds of\nexisting state operated psychiatric hospitals, the availability of at\nleast twenty-five percent of the placements for community clients. In\nthe case of community based residential care centers for adults, a\nminimum of fifty percent of the placements within a region shall be\nreserved for community clients. For the purposes of this section a\ncommunity client is any person who, immediately prior to admission to\nthe residential care center for adults, was not a resident of a state\noperated psychiatric hospital for more than thirty consecutive days, or\nif such person was residing in the community immediately prior to\nadmission to the residential care center for adults, was not a resident\nof a state operated psychiatric hospital within the previous thirty\ndays;\n 2. provision of on-site services by residential care centers for\nadults which shall include but not be limited to, case management,\nmedication management, and development of a recommended service plan for\neach resident for necessary social, vocational and clinical services;\n 3. periodic review of services provided by residential care centers\nfor adults;\n 4. staffing patterns for residential care centers for adults which\nshall be sufficient to provide on-site supervision twenty-four hours per\nday at each facility; and\n 5. guidelines for determining state aid to residential care centers\nfor adults as described in subdivisions (e) and (f) of this section.\n (e) Within amounts available therefor and notwithstanding any other\nprovisions of this article, the commissioner may provide state aid to\nlocal governments and to voluntary agencies for the operation of\nresidential care centers for adults in accordance wit
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