12-736.Group homes, exclusion of, prohibited; conditions;
definitions.
(a) It is hereby declared to be the policy of the state of
Kansas that persons with a disability shall not be excluded
from the benefits of
single 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 10
persons, including eight or fewer persons with a disability
who need not be related by blood or marriage and not to exceed two staff
residents who need not be related by blood or marriage to each other or to
the residents of the home, which dwelling is licensed by
a regulatory
agency 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 more
of 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 not
include current, illegal use of or addiction to a controlled substance, as
defined in section 102 of the controlled substance act (21 U.S.C. 802);
(4) "licensed provider" means a person or agency who provides mental
health services and is licensed by:
(A) The department of social and rehabilitation services pursuant to
K.S.A. 75-3307b or 65-425 et seq., and amendments thereto; or
(B) the behavioral sciences regulatory board pursuant to K.S.A. 75-5346
et seq. or 74-5301 et seq., and amendments thereto; or
(C) the state board of healing arts pursuant to K.S.A. 65-2801 et
seq., and amendments thereto.
(c) (1) No mentally ill person shall be eligible for placement in a
group home unless such person has been evaluated by a licensed provider and
such provider determines that the mentally ill person is not dangerous to
others and is suitable for group-home placement. A group home shall not be
a licensed provider for the purposes of evaluating or approving for
placement a mentally ill person in a group home.
(2) No person shall be eligible for placement in a group home if such
person is: (A) Assigned to a community corrections program or a diversion
program; (B) on parole from a correctional institution or on probation for
a felony offense; or (C) in a state mental institution following a finding
of 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 such
dwelling is licensed as a group home by the department of social and
rehabilitation services or the department of health and environment.
(e) No municipality shall prohibit the
location of a group home in any zone or area where single family dwellings
are permitted. Any zoning ordinance, resolution or regulation
which prohibits the location of a group home in such zone or area or which
subjects group homes to regulations not
applicable to other single family dwellings in the same zone or area is
invalid. Notwithstanding the provisions of
this act, group homes shall be subject to all other regulations applicable
to other property and buildings located in the zone or area that are
imposed by any
municipality through zoning ordinance, resolution or regulation, its
building regulatory codes, subdivision
regulations or other nondiscriminatory regulations.
(f) No person or entity shall contract or enter into a contract,
restrictive covenant, equitable servitude or such similar restriction, which
would restrict group homes or their location in a manner inconsistent with the
provisions 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.
12-736.Group homes, exclusion of, prohibited; conditions;
definitions.
(a) It is hereby declared to be the policy of the state of
Kansas that persons with a disability shall not be excluded
from the benefits of
single 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 10
persons, including eight or fewer persons with a disability
who need not be related by blood or marriage and not to exceed two staff
residents who need not be related by blood or marriage to each other or to
the residents of the home, which dwelling is licensed by
a regulatory
agency 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 more
of 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 not
include current, illegal use of or addiction to a controlled substance, as
defined in section 102 of the controlled substance act (21 U.S.C. 802);
(4) "licensed provider" means a person or agency who provides mental
health services and is licensed by:
(A) The department of social and rehabilitation services pursuant to
K.S.A. 75-3307b or 65-425 et seq., and amendments thereto; or
(B) the behavioral sciences regulatory board pursuant to K.S.A. 75-5346
et seq. or 74-5301 et seq., and amendments thereto; or
(C) the state board of healing arts pursuant to K.S.A. 65-2801 et
seq., and amendments thereto.
(c) (1) No mentally ill person shall be eligible for placement in a
group home unless such person has been evaluated by a licensed provider and
such provider determines that the mentally ill person is not dangerous to
others and is suitable for group-home placement. A group home shall not be
a licensed provider for the purposes of evaluating or approving for
placement a mentally ill person in a group home.
(2) No person shall be eligible for placement in a group home if such
person is: (A) Assigned to a community corrections program or a diversion
program; (B) on parole from a correctional institution or on probation for
a felony offense; or (C) in a state mental institution following a finding
of 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 such
dwelling is licensed as a group home by the department of social and
rehabilitation services or the department of health and environment.
(e) No municipality shall prohibit the
location of a group home in any zone or area where single family dwellings
are permitted. Any zoning ordinance, resolution or regulation
which prohibits the location of a group home in such zone or area or which
subjects group homes to regulations not
applicable to other single family dwellings in the same zone or area is
invalid. Notwithstanding the provisions of
this act, group homes shall be subject to all other regulations applicable
to other property and buildings located in the zone or area that are
imposed by any
municipality through zoning ordinance, resolution or regulation, its
building regulatory codes, subdivision
regulations or other nondiscriminatory regulations.
(f) No person or entity shall contract or enter into a contract,
restrictive covenant, equitable servitude or such similar restriction, which
would restrict group homes or their location in a manner inconsistent with the
provisions 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.
12-736.Group homes, exclusion of, prohibited; conditions;
definitions.
(a) It is hereby declared to be the policy of the state of
Kansas that persons with a disability shall not be excluded
from the benefits of
single 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 10
persons, including eight or fewer persons with a disability
who need not be related by blood or marriage and not to exceed two staff
residents who need not be related by blood or marriage to each other or to
the residents of the home, which dwelling is licensed by
a regulatory
agency 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 more
of 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 not
include current, illegal use of or addiction to a controlled substance, as
defined in section 102 of the controlled substance act (21 U.S.C. 802);
(4) "licensed provider" means a person or agency who provides mental
health services and is licensed by:
(A) The department of social and rehabilitation services pursuant to
K.S.A. 75-3307b or 65-425 et seq., and amendments thereto; or
(B) the behavioral sciences regulatory board pursuant to K.S.A. 75-5346
et seq. or 74-5301 et seq., and amendments thereto; or
(C) the state board of healing arts pursuant to K.S.A. 65-2801 et
seq., and amendments thereto.
(c) (1) No mentally ill person shall be eligible for placement in a
group home unless such person has been evaluated by a licensed provider and
such provider determines that the mentally ill person is not dangerous to
others and is suitable for group-home placement. A group home shall not be
a licensed provider for the purposes of evaluating or approving for
placement a mentally ill person in a group home.
(2) No person shall be eligible for placement in a group home if such
person is: (A) Assigned to a community corrections program or a diversion
program; (B) on parole from a correctional institution or on probation for
a felony offense; or (C) in a state mental institution following a finding
of 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 such
dwelling is licensed as a group home by the department of social and
rehabilitation services or the department of health and environment.
(e) No municipality shall prohibit the
location of a group home in any zone or area where single family dwellings
are permitted. Any zoning ordinance, resolution or regulation
which prohibits the location of a group home in such zone or area or which
subjects group homes to regulations not
applicable to other single family dwellings in the same zone or area is
invalid. Notwithstanding the provisions of
this act, group homes shall be subject to all other regulations applicable
to other property and buildings located in the zone or area that are
imposed by any
municipality through zoning ordinance, resolution or regulation, its
building regulatory codes, subdivision
regulations or other nondiscriminatory regulations.
(f) No person or entity shall contract or enter into a contract,
restrictive covenant, equitable servitude or such similar restriction, which
would restrict group homes or their location in a manner inconsistent with the
provisions 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.