In Kentucky, can a KRS code for a Supportive Community Living (SCL) super cede the definition of a "GROUP HOME" for a deed restrictive residential neighborhood?
State/Country relating to question: Kentucky
We live in a deed restricted residential neighborhood, and we have a facility (operating out of a residence behind us) that is a SCL, recognized by the state government branch for the Cabinet of Health and Family Services. This facility houses three individuals, from different families, but has a mentally disabled patient, with a sexual aggression towards children, wander off of the property around our neighborhood. Records show this action through 911 police reports.
A "Supports for Community Living" (SCL) program is a federal Medicaid funded facility for the intellectually disabled. Such programs fall squarely within the scope of the Americans with Disabilities Act (ADA) amendments to the Fair Housing Act (FHA). No private restrictive covenant can preempt federal discrimination protections. The SCL programs are expressly authorized by Kentucky law (KRS(NNN) NNN-NNNN, so it is clear that the state fully supports the use of federal funds to establish and maintain SCL community based living. If a resident is a danger to the community, independent of the SCL program, or the facility is unable to control the resident, then the recourse, other than to local law enforcement would be to complain to:Division of Community AlternativesMH/MR Community Services Branch275 East Main Street 6W-BFrankfort, KY 40621Phone:(NNN) NNN-NNNNbr/>Email: CHFS DMS WebmasterUltimately, if local neighbors believe that this facility represents a public danger, and the regulatory agency (above) is unable to manage the situation, it may be necessary to bring legal action in court for an injunction to close the facility.Hope this helps. NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!
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