12-736.   Group homes, exclusion of, prohibited; conditions;definitions.(a) It is hereby declared to be the policy of the state ofKansas that persons with a disability shall not be excludedfrom the benefits ofsingle family residential surroundings by any municipal zoning ordinance,resolution or regulation.

      (b)   For the purpose of this act:

      (1)   "Group home" means any dwelling occupied by not more than 10persons, including eight or fewer persons with a disabilitywho need not be related by blood or marriage and not to exceed two staffresidents who need not be related by blood or marriage to each other or tothe residents of the home, which dwelling is licensed bya regulatoryagency of this state;

      (2)   "municipality" means any township, city or county located in Kansas;

      (3)   "disability" means, with respect to a person:

      (A)   A physical or mental impairment which substantially limits one or moreof such person's major life activities;

      (B)   a record of having such an impairment; or

      (C)   being regarded as having such an impairment. Such term does notinclude current, illegal use of or addiction to a controlled substance, asdefined in section 102 of the controlled substance act (21 U.S.C. 802);

      (4)   "licensed provider" means a person or agency who provides mentalhealth services and is licensed by:

      (A)   The department of social and rehabilitation services pursuant toK.S.A. 75-3307b or 65-425 et seq., and amendments thereto; or

      (B)   the behavioral sciences regulatory board pursuant to K.S.A. 75-5346et seq. or 74-5301 et seq., and amendments thereto; or

      (C)   the state board of healing arts pursuant to K.S.A. 65-2801 etseq., and amendments thereto.

      (c) (1)   No mentally ill person shall be eligible for placement in agroup home unless such person has been evaluated by a licensed provider andsuch provider determines that the mentally ill person is not dangerous toothers and is suitable for group-home placement. A group home shall not bea licensed provider for the purposes of evaluating or approving forplacement a mentally ill person in a group home.

      (2)   No person shall be eligible for placement in a group home if suchperson is: (A) Assigned to a community corrections program or a diversionprogram; (B) on parole from a correctional institution or on probation fora felony offense; or (C) in a state mental institution following a findingof mental disease or defect excluding criminal responsibility,pursuant to K.S.A. 22-3220 and 22-3221.

      (d)   No person shall be placed in a group home under this act unless suchdwelling is licensed as a group home by the department of social andrehabilitation services or the department of health and environment.

      (e)   No municipality shall prohibit thelocation of a group home in any zone or area where single family dwellingsare permitted. Any zoning ordinance, resolution or regulationwhich prohibits the location of a group home in such zone or area or whichsubjects group homes to regulations notapplicable to other single family dwellings in the same zone or area isinvalid. Notwithstanding the provisions ofthis act, group homes shall be subject to all other regulations applicableto other property and buildings located in the zone or area that areimposed by anymunicipality through zoning ordinance, resolution or regulation, itsbuilding regulatory codes, subdivisionregulations or other nondiscriminatory regulations.

      (f)   No person or entity shall contract or enter into a contract,restrictive covenant, equitable servitude or such similar restriction, whichwould restrict group homes or their location in a manner inconsistent with theprovisions of subsection (e).

      History:   L. 1988, ch. 142, § 1;L. 1989, ch. 58, § 1;L. 1991, ch. 63, § 1;L. 1995, ch. 251, § 23; Jan. 1, 1996.