Section 41.16. Local planning; state and local responsibilities

(a)  Each  of the offices of the department shall guide and facilitate
  the process of local planning so that plans for  the  provision  of  all
  services,  including  state and local services, can be formulated on the
  basis of approved local plans and federal guidelines related to services
  for the mentally disabled to  reflect  the  distribution  of  needs  and
  resources  of  areas  of the state. All providers of services, including
  facilities of the offices of the department, directors of hospital based
  mental health services, directors of community  mental  health  centers,
  and  voluntary  agencies  shall  participate in and provide information,
  including budget data, for local planning processes.
    (b) In accordance with regulations established by the commissioner  or
  commissioners  of  the  offices of the department having jurisdiction of
  the services, which shall provide for prompt action  on  proposed  local
  services and unified services plans, each local governmental unit shall:
    1. establish long range goals and objectives consistent with statewide
  goals  and objectives developed pursuant to section 5.07 of this chapter
  and develop or annually update the local services  or  unified  services
  plan  of  the  local  governmental  unit  or  units  listing  providers,
  estimated costs and proposed utilization of state  resources,  including
  facilities  and  manpower,  which  shall  be  used  in part to formulate
  statewide comprehensive plans for services.
    2. submit one local services plan or a unified services  plan  to  the
  single  agent  of the department jointly designated by the commissioners
  of  the  offices  of  the  department  annually  for  approval  by   the
  commissioner or commissioners of the office or offices of the department
  having jurisdiction of the services.
    (c) A local services plan or unified services plan shall be developed,
  in  accordance with the regulations of the commissioner or commissioners
  of the office or offices of the department having  jurisdiction  of  the
  services  by the local governmental unit or units which shall direct and
  administer a local comprehensive planning  process  for  its  geographic
  area,   consistent  with  statewide  goals  and  objectives  established
  pursuant to section 5.07 of this chapter.  The  planning  process  shall
  involve  the  directors  of  any  department  facilities,  directors  of
  hospital based mental health services,  directors  of  community  mental
  health  centers,  consumers,  consumer groups, voluntary agencies, other
  providers of services, and local correctional facilities and other local
  criminal justice agencies.  The local governmental unit, or units, shall
  determine the proposed local services plan or unified services  plan  to
  be  submitted  for  approval.  If  any  provider  of  services including
  facilities in the department, or any representative of the  consumer  or
  community  interests  within  the  local  planning process, disputes any
  element of the proposed plan for the area which it serves, the objection
  shall be presented in writing to the director of the local  governmental
  unit.  If  such  dispute  cannot  be resolved to the satisfaction of all
  parties, the director shall determine  the  plan  to  be  submitted.  If
  requested  and  supplied  by the objecting party, a written objection to
  the plan shall be appended thereto and transmitted to the  single  agent
  of the department jointly designated by the commissioners.
    (d)  Each commissioner of an office in the department shall review the
  portion of the local services plan or unified  services  plan  submitted
  over  which  his  office has jurisdiction and approve or disapprove such
  plan in accordance with the procedures of subdivision (e) hereof.
    (e) 1. There shall be a single process for plan review and approval by
  the offices of the department which  shall  provide  local  governmental
  units with a comprehensive response to the plans submitted. All portions
  of  the plan to which a commissioner of an office of the department does

  not object shall be promptly approved and such approvals  shall  not  be
  delayed  pending  approval  of  other  portions  of  the  plan which are
  substantially  independent  of  the  non-objectionable  portion.   Those
  portions  approved  by  each  of the commissioners of the offices of the
  department having jurisdiction of the services shall be deemed in effect
  for the period covered by the proposed plan. A portion of the plan, once
  approved, shall not be amended without the written concurrence  of  both
  the  director  of  the local governmental unit or directors of the local
  governmental units and each of the commissioners of the offices  of  the
  department having jurisdiction over such portion of the plan.
    2.  A commissioner of an office of the department shall not disapprove
  any portion of the local services plan or unified services plan  without
  providing  the  local  governmental  unit  an  opportunity  to  be heard
  regarding the proposed disapproval and to propose  any  modification  of
  the  plan.  Pending  the  resolution  of  any dispute over approval of a
  portion of the plan, by final determination of the  commissioner  having
  jurisdiction  over  the  services,  new  programs  proposed shall not be
  implemented and programs previously implemented  shall  continue  to  be
  funded  at existing levels. If a portion of the plan is disapproved, the
  commissioner of the office having jurisdiction over such  portion  shall
  notify  the  local governmental unit in writing stating reasons for such
  action.