HomeMy WebLinkAboutORDINANCES-1983-088-O-83AB-0-83 .
AN ORDINANCE
Amending Title 8 of the City
,Code of the City of Evanston
1979, as Amended, Providing for Residential
Care Homes and Group Care Homes
WHEREAS, the City of Evanston as a home rule unit may exercise
any power and perform any function pertaining to its government and affairs;
and
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WHEREAS, effective local licensing, regulation and enforcement of
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minimum standards of Group and Residential Care Homes located within Evanston
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is a matter directly relating to the affairs of the City of Evanston; and
WHEREAS, a demonstrated need exists in Evanston for such homes to
accommodate qualified Evanston residents currently unable to find appropriate
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living arrangements within the City of Evanston;
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WHEREAS, expeditious processing of,applications for such licensing
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is deemed sound and appropriate;
WHEREAS, The City of Evanston hereby finds and declares that .there
is an urgent need to establish a coordinated and comprehensive service
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'system of quality community care for mentally ill, developmentally and
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physically disabled, and socially dependent children and adults;
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WHEREAS, The City of Evanston declares it is the intent of the
City to develop policies and programs designed to: (1) insure a level of
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care and services in the community which is better than that provided by
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institutions; (2) assure that all people who require them are provided
with the appropriate range of social rehabilitative, habilitative and
treatment services, including residential and nonresidential programs
tailored to their needs; (3) protect the legal and human rights of a
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person in or receiving services from a residential care or group care
facility; (4) insure continuity of care between the medical -health elements
and the supportive care -rehabilitation elements of Evanston's service
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systems; (S) insure that facilities providing community care are adequate,
safe and sanitary;
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N014 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
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'EVANSTON, COOVCOUNTY, ILLINOI$:
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SECTION'1: That Title 8 of the City Code of the City of
' Evanston,.1979, as amended, be further amended
to add Chapter 19 "Residential Care Homes and Group Care
Homes"..
)� 8-19-1: DECLARATION OF POLICY: It is the purpose of. this
Chapter and the policy of the City to support,
foster and establish standards for the creation, licensing
and regulation of facilities designed to care for four specific
I groups with special housing needs:
(A) The elderly who are impaired by chronic illness.and/or
mobility limitations associated with the aging process
but who do not require long term nursing care;
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(B) .the chronically, mentally ill;
(C) the developmentally disabled; and
(D) youths from nine to`.eighteen years'of age who are'
unable to live with their parents or guardians.
8-19-2: DEFINITIONS
"GROUP CARE'HOME: A residential facility housing from nine (9) to
fifteen (15) persons, including any resident,'
supervisory personnel, residing together in a family environment,
each of whom is capable of independent living with support services;
but who need a substitute home and are developmentally disabled,
mentally ill, impaired by chronic illness and/or mobility limita-
tions associated with the aging process, or are between nine (9)
and eighteen (18) years of age and are unable to live with their
parents or guardians. Excluded from this definition are homes,
any residents of which are currently addicted to or recovering
from addiction to alcohol or narcotic drugs or are criminal
offenders serving on work release or probationary programs. All
Group Care Homes shall be licensed pursuant to the provisions of.
Section 8-19 of the Evanston City Code."
RESIDENTIAL CARE HOME: A residential facility housing four (4)
to eight (8) persons, including any resident
supervisory personnel, residing together in a family environment,
each of whom is capable of independent living with support
services, but who need a substitute home and are developmentally
disabled, mentally ill, impaired by chronic illness and/or mobility
limitations associated with the aging process, or are between nine
(9) and eighteen (18) years of age and are unable to live with
their parents or guardians. Excluded, from this definition are
homes any residents of which are currently addicted to or recovering
from addiction to alcohol or narcotic drugs or are criminal offenders
serving on work release or probationary programs.. All Residential
Care Homes shall be licensed pursuant to the provisions of Section
8-19 of the Evanston City Code.
DEVELOPMENTALLY DISABLED PERSON: is a person who has a disability
which is attributable to: (a) mental retardation,
cerebral palsy,.epilepsy, or autism; or to (b) any other condition
which results in impairments similar to.that caused by mental
retardation and which requires services similar to those required
by mentally retarded persons. Such disability must originate before
the age of 18, be expected to continue indefinitely, and constitute
a substantial handicap. Residents of a residential care or group
care home must meet the following•.minimum functioning level criteria:
Independent functioning: Feeds self adequately with
spoon and fork; can butter bread; (needs help with
cutting meat); can put oft clothes and can button and
zipper clothes; may tie shoes; bathes self with super-
vision; is toilet trained; washes face and hands without
help.
Physical: Can run, skip, hop, dance; uses skates or -
sled or jump rope; can go up and down stairs alternating
feet; can throw ball to hit target.
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Physical: Can run, skip, hop, dance;
uses skates or sled or jump rope; can go
,,up and down stairs alternating feet; can
throw ball to hit target.
Communication: May communicate in
complex sentences; speech is generally
clear and distinct; understands complex
verbal communication including words
such as "because" and "but". Recognizes
signs, words, but does not read with
comprehension, prose materials.
Social: May participate in group
activities spontaneously; may engage -"in
simple competitive exercise games (dodge
ball, tag, races). May have friendship
choices which are maintained over weeks
or months.
Economic activity: May be sent on simple
errands and make simple purchases with A
note; realizes money has value but does
not know how to use it (except for coin
machines).
Occupation: May prepare simple foods
(sandwiches); can help with simple
household tasks (bedmaking, sweeping',
vacuuming); can set and clear table.
Self direction: May ask if there is
"work" for him to do; may pay attention
to task for 10 minutes or more; makes
efforts to be dependable and carry out
responsibility.
MENTAL ILLNESS: The term mental illness, for the
purposes of a residential care or group
care home, means a disability
attributable to the residual effects of
a mental disorder or emotional
disturbance that causes some functional
impairment and that alone or in -
connection with social, legal or
economic constraints, requires the
provision of specialized services over
an extended period of time directed
toward the individual's social,
personal, physical and/or economic
habilitation or rehabilitation. For
purposes of this ordinance, the term
mental illness does not include
individuals who are currently actively
psychotic, individuals with a history -of
violent, destructive or criminal
behavior, or individuals who are
determined at the point of application
to be currently at risk of posing a
threat to themselves or others.•
Residents of a residential care or group
care home must meet the following
minimum level functioning criteria.
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Assessed capacity for independent
functioning, based on the individual's
,wish to live independently and
demonstrated capacity to function in a
socially appropriate manner and to
manage his/her own needs and care (e.g.,
personal care, health management,
household maintenance). Also, a
demonstrated willingness and capacity to
learn and/or to refine additional
independent living skils if needed
(e.g., vocational training, development
of own social network).
The intention and goal of residential
programs is the enhancement of the
residents' self-sufficiency and
self-reliance.
A resident of a residential care or
group care home should demonstrate
mastery of the following skills:
In Home Skills
- care for personal hygiene
- take own medications as prescribed (if
any)
- ability to perceive common dangers -
e.g., lock doors, turn off gas, etc.
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In the Community.Skills
basic understanding of community
expectations and appropriate
neighboring'
Social and Emotional Skills
- maintain contact with a clinic or
other social agency
- absence of violent or destructive
behavior
A resident should demonstrate the
potential to master the following
functioning skills, which should be
developed through support services
available to residents of.the•proposed
home.
In Home.Skills
- perform routine household chores
laundry
- prepare own meals
- budget.own money
In the Community skills
- schedule and keep own therapy and
medical appointments
- use public transportation
- shop on own
- attend school, workshop, job
- awareness of public welfare and other
bureaucratic systems (may need help to
negotitate these systems):
Social and Emotional Skills
- monitor emotional needs, e.g., need
for more meds, extra attention,,quiet
time, etc.
some ability to problem solve,
verbalize and negotiate with others in
the enviornment.
8-1.9-3: LICENSE REQUIREMENTS:
8-19-3-1: LICENSE REQUIRED: No person, firm, corporation, as-
sociation or religious organization may establish;
operate, maintain, offer, or advertise a Group Care or Residential
• Care Home within the City unless and until that person or
entity obtains a valid Municipal License as provided herein, which
license remains unsuspended, unrevoked, and unexpired. Where
the operator of the facility and the owner of the facility are
not the same person, the operator shall be responsible for
meeting the licensing requirements and shall be required to have
a binding lease or management agreement with the owner, which
shall be for a minimum period of two years beyond the date of the
application for the license. As part of the licensing applica-
tion, the operator/applicant shall submit written evidence of the
owner's knowledge of the proposed use of the facility. All
facilities existing as of the date of this ordinance which
qualify as a group care facility as defined.herein are hereby
exempted from the license requirements as set forth in Sections
8-19-3, 8-19-4, 8-19-5 and 8-19-6.
8-19-3-2.: LICENSE PROCEDURES: The procedure for obtaining
a valid license shall be as follows:
(A) Application to conduct and operate a facility shall be
made to the Director of Health and Human Services of the
City of Evanston on forms furnished by the Department.
The application shall be under oath and shall contain the
following information:
1. The name and address of the applicant if an
individual; and if a firm, partnership or associa-
tion, of every member thereof, and in the case of
a corporation, the name and address thereof and of
its officers and its registered agent;
2. The name and location of the facility for which
a license is sought;
3. Background of applicant organization:
a: current types of programming;
b. Previous administrative experience with
residential programs and/or a specific plan for de-
veloping and securing expertise (e.g., consultative
services) in the management of a residential care or
group care home (consultative services, if utilized, must
be -mutually agreed upon between applicant and City);
c. A specific plan for educating and being
responsive to the community on the nature of the proposed
home;
4. Specific plans for proposed residents
a. Resident target.groups and screening pro-
cedures to be used;
b. Entrance criteria shall be based on the
.functioning level definition for the target population as
defined in 18-19-2;
c. Proposed minimum and maximum number, function-
ing level, and needs of resident population;
d. Proposed support services to be provided,
e.g.,.independent living skills training;
e. Proposed staffing and supervision to meet
treatment needs of clients;
f. Administrative procedures for the develop-
ment of individual resident care .plans which might include
• counseling, education, monitoring and evaluation.
g. Conformance to all applicable federal/state
standards; and
h. Emergency procedures, e.g., fire, physical
plant malfunction..
(B) Each initial application shall be accompanied by the
following:
1. Specific plans for proposed physical structures
providing:
a. Details of site location, including zoning
district requirements and conformance to "2,500 feet"
and "250 feet" prohibitions (See 8-19-4(A));
. b. Details of building design, including bed-
room and bathroom square footage, location, and dimension
requirements, conformance with overall code and parking
requirements;
c. Data as to compliance with applicable State
and Federal construction standards for the facility;
d. Details of fire and life safety equipment
• and procedures.
2. An audited financial statement setting forth the
financial condition of the applicant, and proposed con-
struction, acquisition and operating budget for the first
year and a statement of the funds that have been or are
projected to be committed to the project and the source(s)
of those funds. In the event funds are not committed, the
License shall not be approved.
3. A certificate from the Department.of Housing and
Property Services stating that the building or structure
to be used as a Residential Care Home complies with all
applicable provisions of the Evanston Housing, Building
and Zoning Codes.
4. In the case of new construction or the conversion of
an existing structure, preliminary plans and specifica-
-tions for the proposed facility.
(C) Inspections Required: After receipt and review of the
appropriate application, the Director shall cause an in-
spection to be made of the applicant's facility by staff
of the Department of Health and Human Services, by the
Fire Department and by the Department of Housing and
Property Services. No license shall be issued unless:
1. The Director of the Department of Housing
•I and Property Services shall determine that the building
or structure occupied by the facility complies with the.
applicable provisions of the Evanston Housing, Building
'a and Zoning Codes.
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2. The Fire Chief shall determine that the
building and premises meet the minimum applicable life
safety standards established by the State Standards and
Evanston City Cod".
3. The Chief of Police shall determine that the
applicant or officers and stockholders of the applicant
• if a corporation, are of good moral character. The Con-
viction of any party of a felony or misdemeanor involving
moral' turpitude shall be prima facie evidence of lack of
good moral character.
4, The Director of Health and Human Services,
following a review of the administrative record of the
applicant, shall determine that any other facilities
operated by the applicant have consistently been in compliance
with all federal, state, and local regulations.
(D) The Director of Health and Human Services in an expeditious
manner and in consultation with representatives of the
City_Departments of Health and Human Services, Housing
and Property Services, Fire Department, Finance Department,
and other City staff as appropriate will review the appli-
cation and request additional information where needed.
The Director of Health and Human Services will determine
whether the specific licensing and other ordinance require-
ments have been met, whether the operation and programming
proposed is adequate and meets professional standards, and
will make a recommendation to the City Manager whether to
grant or deny a license.
(E) An administrative tool shall be developed by the Depart-
ment of Health and Human Services which will summarize
and rate how well the applicant agency meets the above
requirements.
• 8-19-3-3: DENIAL OF APPLICATIONS: REASONS: No license shall
be granted unless the City Manager shall deter-
mine that the following conditions exist:
(A) That the proposed home shall meet all applicable require—
ments of the ordinances of the City of Evanston and the
statutes of the State of Illinois;
(B) That the applicant shall, prior to initial notice being
given to the public, demonstrate that the proposed home
meets the licensing requirements of this ordinance;
(C•) Said home is specifically authorized under the zoning
-district regulations applicable to the property in
question.
(D) That the applicant has demonstrated to the Director of the
.Department of Human Services that a need exists within
the City of Evanston for the proposed home and program
model.
8-19-4: ADDITIONAL RESIDENTIAL CARE AND GROUP CARE HOME''
REQUIREMENTS:' No residential or group care home,
shall be issued a license unless such home demonstrates com-
pliance with the following additional regulations governing
the physical plan, location, occupancy, program operations and
' financial condition of the home.
8-19-4-1: PHYSICAL PLANS:
(A) No Residential Care Home or Group Care Home shall be
located within a two thousand five hundred foot (2,500!)
{ radius, determined by a straight line and not street
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distances, of another Residential Care Home (or Group
Care Home), or within two hundred and fifty feet (250')
of a rooming house., sheltered care facility or residential
facility occupat16n,of which is limited by income,•.age or`
medical status;
(B) No bedroom shall be used for more than two (2) residents;
(C) Each..bedroom in a Residential Care Home or Group Care
Home shall contain at least seventy (70) square feet for
one occupant and at least one hundred twenty (120) square
feet for two (2) occupants;
8-19-4-2: OCCUPANCY:. Priority shall be given to Evanston
residents.
8-19-4-3: PROGRAM OPERATIONS AND FINANCES:
(A) Each Residential Care and Group Care Home must comply with
applicable standards of appropriate federal, state and
local agencies, and must comply with City of Evanston
Housing and Building Codes, except that for initial
applicants funds adequate to bring the dwelling into code
compliance may be deposited in an escrow account, and the
Home brought into Code compliance within sixty (60) days
of license;
(B) Supportive services shall be provided including, but not
limited to, education in, guidance with and/or demon-
stration of independent living skills such as problem
solving, personal goal setting, and money management, and
growth services.with the objective of maturation of skills
aimed at enhancing intellectual, intrapersonal, inter-
personal and instrumental skills; once a client has been
accepted, supportive services shall be provided regardless
of individual client ability to pay for such services;
(C) Professional staff supervision, support and availability
shall be provided appropriate to the needs of the resi-
dents of the Residential Care Home or Group Care Home,
with at least one (1) staff on call 24 hours a day,
consistent with all federal and state requirements; on -call
staff shall have direct access to all community emergency
services;
(D) The property must remain on the tax rolls or the facility
make equivalent payment in lieu of taxes as determined by
the City's Director of Finance;
(E).'The owner/operator shall have demonstrated financial re-
sponsibility and capacity with reference to the information
submitted under 8-19-3-2(B) (4);
(F)' The members of a'residential care home shall not keep or
store more than -one motor vehicle for each off-street _
parking space lawfully existing in connection with such
dwelling unit.
8-19-5: RULES AND REGULATIONS: The City Council will pro-
mulgate such standards, rules and regulations
regarding the licensing and operations of residential and
group care homes as it shall deem necessary to carry out the
provisions of this ordinance and provide due process.
8-19-6: LICENSING AND ZONING COMPLIANCE: Those Homes quali-
fying for and receiving a license under this
Chapter must meet all other applicable zoning requirements of
the City. Said license may be issued only in the event the
use meets applicable zoning requirements.
8-19-7: LICENSE TERM.:
8-19-7-1: INITIIAL LICENSE: Each initial license granted
hereunder to applicants/Homes noL previously li-
censed under this Chapter shall be for a period of twelve
months. The license shall not be transferable with the sale
of the property.
8-19-7-2: RENEWAL LICENSE: Each renewal license granted pur-
suant to Section 8-19-7-3 below shall be for an ad-
ditional one year period except where revoked or non -renewed
pursuant to Section 8-19-7-3.
8-19-7-3: ANNUAL COMPLIANCE: No less than sixty (60) days,prior
to expiration of that year's license a review will
be conducted by a staff team appointed by the Director to assess
continued compliance with all licensing requirements set forth
in this Ordinance. The review officer will then make a recom-
mendation to the City Manager to renew or revoke the license.
Notice of the City's intent to renew or revoke the license of
a Home shall be given in the newspaper of general cirulation
published within the City at least fifteen (15) days in advance
of the date set for renewal or revocation of the license.
Interim reviews may be conducted upon receipt of complaints or
upon initiation by the Director of Health and Human Services.
Any violation of the above conditions shall be corrected within.
60 days and the license of applicant/home shall be considered
provisional --.until all corrections are made.
8-19-8: PENALTIES: Where any person or entity is found
guilty by a court of competent jurisdiction of
operating a Home in violation of this Chapter he/they shall
• be fined up to a maximum of five hundred dollars ($500) per
day while such violation exists. In addition, the Corporation
Counsel may apply to any court of competent jurisdiction to
enjoin the operation of said Home and to revoke the license
provided for hereunder.
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SECTION 2: All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 3: This ordinance shall be in full force and effect
from and after its passage, approval, and publica-
Lion in the manner,provided by law.
Introduced: dw1983
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Adopted: L�%/J/ �?r% 7V �Cl�v l , 1983
ATTEST:
City Clerk
Approved as to form: iJ1J1
`I Corporation C unsel
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