Section 41.13. Powers and duties of local governmental units

(a) Every local governmental unit shall:
    1.  review  services and local facilities for the mentally disabled of
  the area which it serves and their relationship to local need; determine
  needs of the mentally disabled of such area; and encourage  programs  of
  prevention,   diagnosis,   care,   treatment,   social   and  vocational
  rehabilitation, special education and training, consultation, and public
  education on mental disabilities.
    2. develop the program of local services for the area which it serves,
  establish long range goals of the local government in its  programs  for
  the   mentally  disabled,  and  develop  intermediate  range  plans  and
  forecasts, listing priorities and estimated costs. The office of  mental
  health  shall  be  responsible  for such program development relating to
  community  support  services  in  areas  where  the  responsible   local
  governmental  unit  elects, pursuant to subdivision (c) of section 41.47
  of this  article,  not  to  receive  state  aid  for  community  support
  services.    Local  governmental  units  which elect not to receive such
  state aid for community support  services  shall  integrate  information
  relating  to  community support services into the comprehensive plan for
  services, as otherwise required by this article.
    3. direct and administer the development of a local comprehensive plan
  for all services for mentally disabled  residents  of  the  area,  which
  shall  be  submitted  to  the department and used in part to formulate a
  statewide comprehensive plan for services.
    4. seek to assure that under the goals and plans required pursuant  to
  this   subdivision,   all  population  groups  are  adequately  covered,
  sufficient services are available for all the mentally  disabled  within
  its  purview,  that  there  is  coordination and cooperation among local
  providers  of  services,  that  the  local  program  is  integrated  and
  coordinated  with  the provision of community support services, that the
  local program is also integrated and coordinated with  the  programs  of
  the department, and that there is continuity of care among all providers
  of services.
    5.  submit  annually to the department for its approval and subsequent
  state aid, a report of long range goals and specific intermediate  range
  plans  as  modified  since  the  preceding  report,  along  with a local
  services plan or unified services plan for the next local fiscal year.
    6. have the power, with the approval of  local  government,  to  enter
  into contracts for the provision of services, including the provision of
  community support services, and the construction of facilities including
  contracts  executed pursuant to subdivision (e) of section 41.19 of this
  article and have the power,  when  necessary,  to  approve  construction
  projects.
    7.  establish  procedures  for execution of the local services plan or
  the unified services plan as approved by the local  government  and  the
  commissioner,  including  regulations to guide the provision of services
  by all organizations and individuals within its program.
    8. make policy for and exercise general supervisory authority over  or
  administer  local  services  and facilities provided or supervised by it
  whether directly or through agreements, including responsibility for the
  proper performance of the services provided by other facilities of local
  government and by voluntary  and  private  facilities  which  have  been
  incorporated into its comprehensive program.
    9.  further  programs  for  special  education and training, including
  career incentive and manpower and development.
    10. have the power to conduct or contract for such research as may  be
  useful  for  the  discharge  of  its  administrative  duties and for the
  promotion of scientific knowledge of the mental disabilities.

    11. serve as a center  for  the  promotion  of  community  and  public
  understanding  of  mental disabilities and of the services necessary for
  their care and treatment.
    12. seek the cooperation and cooperate with other aging, public health
  and  social  services  agencies,  public  and  private, in advancing the
  program of local or unified services.
    13. have the powers necessary and proper for the effective performance
  of its functions and duties.
    14. require the development of a written treatment plan as provided in
  rules and regulations of the commissioner which shall include,  but  not
  be  limited  to,  a  statement of treatment goals; appropriate programs,
  treatment or therapies to be  undertaken  to  meet  such  goals;  and  a
  specific  timetable  for  assessment  of  client progress as well as for
  periodic mental and physical reexaminations. In causing such a  plan  to
  be  prepared  or  when  such  a  plan is to be revised, the client or an
  authorized representative, to include  the  parent  or  parents  if  the
  client  is  a minor, shall be interviewed and provided an opportunity to
  actively participate in such preparation or revision.
    * 15.  administer,  supervise  or  operate  any  assisted   outpatient
  treatment  program of a local governmental unit pursuant to section 9.60
  of this chapter and provide that all necessary services are planned  for
  and made available for individuals committed under the program.
    * NB Repealed June 30, 2010
    * 16.  identify  and  plan  for  the  provision  of care coordination,
  emergency services, and  other  needed  services  for  persons  who  are
  identified  as  high-need  patients,  as  such  term  is  defined by the
  commissioner of mental health.
    * NB Repealed June 30, 2010
    (b) The powers of the local governmental unit  listed  in  subdivision
  (a)  of  this  section shall be exercised pursuant to regulations of the
  commissioner.
    (c) The director  shall  submit  an  annual  report  on  programs  and
  services to the board and other reports as requested.
    (d)  The  local governmental unit shall have full powers necessary for
  administration and the execution of its duties to  appoint  and  employ,
  with  power  of  removal,  full  and  part time officers, employees, and
  consultants, including employees of the department, in  accordance  with
  the  standards,  policies,  and  salary  schedules  provided  by  law or
  otherwise authorized.
    (e) In the event that a local governmental unit shall refuse to  enter
  into  a contract with a voluntary agency applying for a contract for the
  rendition of services under this article, such  agency  shall  have  the
  right  of appeal to the commissioner. If, after review, the commissioner
  upholds the appeal, the department may enter into  a  contract  directly
  with the appealing agency for such services as this article permits.