General Powers and Duties of the Department

Act 6 of 1966 (Sp. Sess. 3), § 201, under MENTAL HEALTH AND INTELLECTUAL DISABILITY ACT OF 1966.

Act 6 of 1966 (Sp. Sess. 3), § 201

Section 201. General Powers and Duties of the Department.--The department shall have power, and its duty shall be:

(1) To assure within the State the availability and equitable provision of adequate mental health and intellectual disability services for all persons who need them, regardless of religion, race, color, national origin, settlement, residence, or economic or social status.

(2) To make, with the advice of the Advisory Committee for Mental Health and Intellectual Disability and enforce all regulations necessary and appropriate to the proper accomplishment of the mental health and intellectual disability duties and functions imposed by this act. Such regulations shall not become effective until the department shall have given the local authorities thirty days written notice of the proposed regulations and afforded the local authorities the opportunity for a hearing before the department on the proposed regulations.

(3) To consult with and assist each county in carrying out mental health and intellectual disability duties and functions and where necessary after thirty days written notice to the counties affected and an opportunity for such counties for a hearing before the department and with the advice of the Advisory Committee for Mental Health and Intellectual Disability to require two or more counties to join in establishing a program to provide the services required by this act.

(4) To adopt State-wide plans for the operation of all State operated facilities under the jurisdiction of the department and to assign to each facility or portion thereof, such duties for the care of the mentally disabled, as the secretary shall prescribe. The assignments herein referred to shall be made with due regard to geographical location and population distribution.

(5) To establish and maintain working relationships with other governmental bodies and public and private agencies, institutions and organizations so as to assure maximum utilization of services and facilities which each such governmental body and public and private agency, institution and organization may have, which may be of benefit to the mentally disabled.

(6) To appoint such regional mental health and intellectual disability boards as may be necessary to advise the department in the establishment, administration and review of mental health and intellectual disability programs.

(7) To make grants, pay subsidies, purchase service and provide reimbursement for mental health and intellectual disability services in accordance with this act.

(8) To supervise mental health and intellectual disability facilities, services and programs as provided by law.

(201 amended Nov. 22, 2011, P.L.420, No.105)

Compiler's Note: The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.

Compiler's Note: Section 3 of Reorganization Plan No.4 of 1973 provided that the functions, powers and duties of the Department of Public Welfare with regard to prevention, treatment, rehabilitation, research, education and training aspects of drug and alcohol abuse and dependence problems including, but not limited to those vested in the coordinating agency, the Bureau of Drug and Alcohol Abuse Treatment as set forth in section 201 are transferred from the Department of Public Welfare to the Governor's Council on Drug and Alcohol Abuse.

Section 5 of Reorganization Plan No.4 of 1973 provided that section 201 is suspended insofar as it conflicts with Reorganization Plan No.4.