§ 28:478 — Promotion of community-based homes

Louisiana § 28:478

• Jurisdiction: Louisiana
• Title 28: Mental Health

Text

§478. Promotion of community-based homes
A. In order to achieve uniform statewide implementation of the policies of this Title
and of those of the Developmental Disabilities Law and of the Behavioral Health Law, it is
necessary to establish the statewide policy that community homes are permitted by right in
all residential districts zoned for multiple-family dwellings.
B. The department shall establish appropriate standards with interpretative guidelines
and establish monitoring procedures. In no case shall a community home be placed within
a one thousand foot radius of another community home.
C. The local sponsor shall notify the local governing authority of his intent to file an
application to the department to open a community home. In any area over which a local
planning commission has jurisdiction the site selection shall first be submitted to the local
planning commission, which shall recommend approval or disapproval of the site to the local
governing authority. The local governing authority shall then affirm or reverse the decision
of the planning commission by a majority vote of its entire membership, within forty-five
days of the date of the original notification to the local planning commission. In any area in
which there is no local planning commission, the local governing authority shall approve or
disapprove the site within forty-five days from the date of the original notification to the
local governing authority. Whenever the local governing authority has disapproved the site,
the local sponsor and the department may develop an alternate site selection for the
community home which is acceptable to the local sponsor, the local governing authority, and
the department.
D. Whenever the department schedules a public hearing to review any application
to open a community home, the department shall notify each legislator whose district
encompasses the proposed location of the home. The notice shall be provided at least five
calendar days prior to the public hearing.
E. Notwithstanding any provision of law to the contrary, the department, upon
finding a qualified need for a community home in the parish of Rapides, that would not
create an environment or atmosphere that will contradict the principle of integrated
community living, may authorize such community home within a one thousand foot radius
of another community home after meeting the following requirements:
(1) A public hearing to review the application for the community home.
(2) Written documentation supporting the necessity of the placement of the
community home.

Legislative History

Added by Acts 1981, No. 892, §1, eff. Aug. 2, 1981; Acts 1985, No. 521, §1, eff. July 12, 1985; Acts 1991, No. 826, §1; Acts 2011, 1 st Ex. Sess., No. 13, §1; Acts 2014, No. 811, §14, eff. June 23, 2014; Acts 2017, No. 369, §2.