HomeMy WebLinkAboutCollaborative pilot initiative on homelessnessfflit
Ordinance No.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY
THE INCLUSION OF NEW ARTICLE 12 ENTITLED
COLLABORATIVE PILOT INITIATIVE ON HOMELESSNESS
TATEMENT OF PURPOSE AND INTENT
The Department of Housing and Urban Development (HUD) requires that "Continuums
of Care" conduct an annual count of homeless persons. The annual Housing Inventory Count
(HIC) is a point -in -time inventory count required by HUD of "sheltered and unsheltered homeless
persons on a single night in January... of homeless person who are sheltered in emergency shelter,
transitional housing, and Safe Havens on a single night ". The Homeless Point -in -Time Counts
include an "inventory of provider programs within a Continuum of Care that provide beds and
units dedicated to serve persons who are homeless, categorized by five Program Types:
Emergency Shelter, Transitional Housing, Rapid Re- housing, Safe Haven, and Permanent
Supportive Housing ". HUD data from the 2014 Point -In -Time Homeless Count as well as the
Continuum of Care Homeless Assistance Programs Housing Inventory Count Report for the State
of Indiana, which are informative exhibits to this Bill, along with a summary of all fifty (50) states
showing the "Change in Total Homelessness" from 2007 to 2014. Additional data may be obtained
from www.hudexchange.info/hdx/ ug ides /pit -hic/
2015 data will begin to be entered on April 1, 2015 into HUD's Homelessness Data
Exchange (HDX) web portal which will have a listsery to Continuums of Care. HUD has also
created a new website on the HUD Exchange entitled "Point -in -Time Count Implementation
Tools" to assist communities.
The website for the Indiana Housing & Community Development Authority
www.in.gov /ihcda gives access to critical information from foreclosure prevention to rental
assistance; Section 8 /Subsidized Housing to Weatherization/Energy Conservation "designed for
residents of Indiana to learn more about the resources and programs available through the
IHCDA ". Under the "Homeless Hoosiers" category information is provided on emergency
shelters and transitional housing; as well as emergency solutions grant rapid re- housing (ESG RR).
A list of the emergency shelters by county is an exhibit to this Bill.
The Indiana Planning Council on the Homeless was established as an "overall planning
body for initiatives aimed at ending homelessness in Indiana, and committed to using a
comprehensive approach to develop, operate, and improve Indiana's continuum of homelessness
solutions ". It includes persons from the private and public sectors, academics and formerly
homeless individuals who focus their efforts in four (4) committee areas: 1. Quality and
Performance; Housing and Program Continuum Development; 3. Funding and Strategies; and 4.
Coordinating.
Collaborative Pilot Initiative on Homelessness
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On January 28, 2015 the 2015 Point -in -Time Homeless count was conducted by the Indiana
Balance of State Continuum of Care. In January, HUD awarded $16.4 million to "support Indiana
homeless ".
In July of 2014, the news media reported that a "South Bend homeless tent city was
discovered and dismantled ", with an "estimated 10 to 15 campers" being displaced from an area
located one block north of the Center for the Homeless and two blocks south of the Hope Rescue
Mission. The "homemade cardboard huts" and tents "were virtually invisible ", being obscured by
overgrown vegetation.
In February of 2015, the news media reported that "homeless youth populations in Indiana,
and the United States, are on the rise. The National Center on Family Homelessness last year
reported an 8 percent increase in youth homelessness nationally; it estimated Indiana's youth
homeless population to be nearly 32,000 in 2012 -2013. That was up from about 30,000 the year
before... ", February 2, 2015 South Bend Tribune.
The City of South Bend, Indiana, is indeed a caring community as evidenced by its many
organizations which provide outreach services to those in need. The Center for the Homeless has
been in existence just south of the downtown for over 26 years and houses up to 275 each day, and
links those individuals to "programs, agencies and people who can help them break the cycle of
homelessness ". Some of their services include "therapy, addictions counseling, childcare, GED
prep, tutoring, job skills training, fitness classes, medical service..." Additional services are
provided by the Hope Ministries Rescue Mission, YWCA of Saint Joseph County, and St. Vincent
de Paul Society of St. Joseph County. There is a South Bend Homeless Shelters and Services
website at: www.homlessshelterdirctory.org The Women's Shelter's national directory lists
services being provided by Hope Ministries South Bend, Life Treatment Centers, Center for the
Homeless, YWCA Women's Shelter South Bend, and Rescue, Inc. in their website located at:
www.womenshelters.org There is a website entitled "Homeless Shelters and Supportive Housing"
which states that its "database consists of over 3,000 listings and includes emergency shelters,
homeless shelters, day shelters, transitional housing, shared housing, residential drug alcohol
rehabilitation programs and permanent affordable housing at www.shelterlistings.org
Community Resources are listed on many websites such as the South Bend Kroc Center's
"Basic Needs Resources" located at www.myliLoc.org/famiyLbasicneeds.Th
p where it sets forth
services provided by St. Vincent DePaul, WIC programs, Catholic Charities, Christ Child, Real
Services, Food Bank of Northern Indiana, and the Center for the Homeless. The Youth Services
Bureau of St. Joseph County, and the many agencies which receive federal entitlement funds via
the City of South Bend to" benefit low and moderate income persons and /or eliminate slum and
blight" also provide services via the Community Development Block Grant (CDBG), HOME, and
Emergency Solutions Grant (ESG) funds. The St. Joseph County Housing Consortium provides
multiple services in South Bend, Mishawaka and St. Joseph County.
Collaborative Pilot Initiative on Homelessness
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Miller's Vets founded in 2009 by the Honorable Robert L. Miller, Sr., is dedicated to
providing a variety of services for homeless veterans — from shelter to burial assistance and in
return Miller's Vets provide services back to the community some of which include color guard,
flag- raising, parade march, military funeral honors.
Yet despite all of these programs, services and centers of outreach, far too many persons
are seen holding cardboard signs indicating that they are homeless and in need.
The St. Joseph County Health Department's 2013 Annual Report noted that "as a result of
the National Public Health Performance Standards Project in 2011, a small working group
consisting of individuals within the local public health system (LPHS) continued with strategically
creating county -wide health improvement alliance. In November of 2013, more than 40 different
public health partners began work collaboratively on major health issues, system infrastructure,
and partner communication ".
It is believed that a more collaborative pilot initiative on homelessness is needed in the City
of South Bend which is aimed at further reducing the cycle of homelessness in our community.
By working cooperatively with the South Bend Continuum of Care, the St. Joseph County Health
Officer, and the many private and public providers of services to homeless persons living in our
City, the overall health and well -being of all residents in our community may be enhanced.
/ci aic; C �i < /aiil� < //� ae 61»r»1ci1
Section I Chapter 14 of the South Bend Municipal Code is hereby amended by the inclusion
of new Article 12 which shall read in its entirety as follows:
Article 12. COLLABORATIVE PILOT INITIATIVE ON HOMELESSNESS.
Sec. 14 -116 Purpose and Intent.
(a) The following Collaborative Pilot Initiative on Homelessness is created for the purpose
of delicately balancing the constitutional rights of all individuals, while recognizing the need to
assist in ending the cycle of homelessness in our community.
(b) Homelessness is a public health and safety concern, with poor health of homeless
individuals and homeless persons being linked to a high rate of premature death.'
' "Home & Healthy for Good — A Statewide Pilot Housing First Program Progress Report July 2008 ", Massachusetts
Housing and Shelter Alliance www.mhsa.net , p. 1; Hwang SW, Orav EJ, O'Connell JJ, Lebow JM, Brennan TA.
Causes of Death in Homeless Adults in Boston, Annals of Internal Medicine 1997; 126 (8): 625 -628 and Hibbs JR,
Collaborative Pilot Initiative on Homelessness
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(c) Chronically homeless persons have been reported as constituting approximately ten
percent of the homeless population who consume more than half of the homeless resources.2
Sec. 14 -117 Definitions.
For purposes of this Article, the following definitions shall apply:
(a) CoC means the Continuum of Care agencies identified in the Annual Action Plan who
work together to "design and implement a collaborative process based on referrals and
complementary programs and services of the homeless;
(b) ESG Program means the program receiving federal funds allocated as part of the
Emergency Solutions Grant which is addressed in the most recent Action Plan of the Housing and
Community Development';
(c) Homeless camp means a place on public property with temporary accommodations of
tents or other structures in which homeless persons have been living; and
(d) Homeless individual or homeless person has the meaning set forth in 24 Code of
Federal Regulations (CFR) Section 11302.4
Benner L, Klugman L, Spencer R, Macchia I, Mellinger AK, Fif D., Mortality in a Cohort of Homeless Adults in
Philadelphia, New England Journal of Medicine 1994; 331: 304 -309.
Z "Home & Healthy for Good — A Statewide Pilot Housing First Program Progress Report July 2008 ", Massachusetts
Housing and Shelter Alliance www.mhsa.net , p. 2; Kuhn R, Culhane DP., Applying Cluster Analysis to Test a
Typology of Homelessness by Pattern of Shelter Utilization: Results from the Analysis of Administrative Data,
American Journal of Community Psychology 1998; 26 (2): 207 -232.
s The "Housing and Community Development Fifth year Action Plan (2014)" notes on page 1 that $165,439 was
allocated from Emergency Solutions Grant (ESG) funds in 2014. It is further noted on page 2 of the Action Plan the
"efforts to prevent homelessness and assist the homeless will continue to be supported with Emergency Solutions
Grant (ESG) funds, as well as HEARTH McKinney -Vento Homeless funds. 2012 ESG funding will be allocated as
follows: 60% for operations, emergency shelters and outreach, 39% for rapid re- housing and 1% for program
administration ". On page 6 of the Action Plan it is noted that "the city has a seat on the CoC and attends meetings
regularly... Recent state policy to exclude St. Joseph County agencies from applying for State ESG funds is a
recognized issue that will impact the community and the agencies..." (Emphasis added). It further reports on page
45 that recent entities receiving EDG funding included the Center for he Homeless, the YWCA, the Youth Services
Bureau, Dismas House, Life Treatment Center and AIDS Assist/Ministries.
4 42 CFR § 11302 reads in part as follows "(1) an individual or family who lacks a fixed, regular, and adequate
nighttime residence; (2) an individual or family with a primary nighttime residence that is a public or private place
not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park,
abandoned building, bus or train station, airport, or camping ground; (3) an individual or family living in a supervised
publicly or privately operated shelter designated to provide temporary living arrangements ... (4) an individual who
resided in a shelter or place not meant for human habitation and who is exiting an institution where he or she
temporarily lived; (5)an individual or family who ... will imminently lose their housing... has no subsequent residence
identified; and ... lacks the resources or support networks needed to obtain other permanent housing; and (6)
Collaborative Pilot Initiative on Homelessness
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(e) Wraparound services mean community -based intervention services which emphasize
the strengths of the child and family and include the delivery of coordinated services to address
the needs and achieve positive outcomes, which may include but not be limited to behavioral
support services, crisis planning and intervention, parent coaching, education, and medication
monitoring
Sec. 14 -118 City Homelessness Outreach Coordination Data Collection.
(a) In the interest of having the most recent data available to assist in helping to coordinate
6k the many social services and programs being provided to homeless persons and homeless
individuals, public and private providers of such services are invited to participate by providing
the following information within ninety (90) days from the passage of this ordinance:
1. Food services: types and times made available;
2. Overnight shelter: types and beds made available;
3. Counseling: types and times made available;
4. Types of drop -in services made available and times of availability;
5. Whether any type of screening for basic health needs takes place and a
description of the same;
6. Description of linking to other services provided and how such awareness is
made;
7. Description of short-term stabilization planning;
8. Description of long -term stabilization planning to end the cycle of
homelessness;
9. Confirmation of any grants made available and the source of such funding; and
10. Summary of any additional information on services provided.
(b) Once all data referenced in ¶ (a) is submitted to the City of South Bend Department
which oversees the certification process for Emergency Solutions Grants (ESG) Programs
recipients, each responding public and private provider shall designate an individual to represent
them at a meeting which is to be held within thirty (30) days of the receipt of such information for
the purpose of discussing information received. Such data collection shall be reviewed and
discussed so that the following documentation may be summarized and shared with all responding
parties and the St. Joseph County Health Officer for advisory review and recommendation 5:
unaccompanied youth and homeless families with children and youth defined as homeless under other Federal
statutes..."
5 The St. Joseph County Health Department's 2013 Annual Report noted that "as a result of the national Public Health
Performance Standards Project in 2011, a small working group consisting of individuals within the local public health
system (LPHS) continued with strategically creating county -wide health improvement alliance. In November of 2013,
more than 40 difference public health partners began work collaboratively on major health issues, system
infrastructure, and partner communication..
Collaborative Pilot Initiative on Homelessness
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1. List of total number of participating public and private providers including the
contact information for each;
2. Map of the City of South Bend depicting the names & street addresses of all
public and private providers of services for homeless persons and homeless
individuals;
3. Total number of homeless persons and homeless individuals receiving any type
of services provided during the responding period categorized by male, female,
minors, and veterans;
4. Total number of homeless persons and homeless individuals requiring
emergency room services during the responding period;
5. Total number of homeless persons and homeless individuals requiring
hospitalization during the responding period;
6. Total number of homeless persons and homeless individuals requiring
ambulance services during the responding period;
7. Total number of homeless persons and homeless individuals who have
obtained part -time employment during the responding period;
8. Total number of homeless persons and homeless individuals who have obtained
full -time employment during the responding period;
9. Total number of persons who have moved on to permanent housing resulting in
residential stability during the responding period;
10. Total number of police service calls to the providers place of business during
the responding period; and
11. Estimated total costs incurred for providing all of the above - listed services
during the responding period.
Such information thereafter shall be updated on an annual basis.
(c) These same individuals shall discuss and make advisory recommendations to the City
of South Bend Department which oversees the certification process for Emergency Solutions
Grants (ESG) Programs recipients on the following:
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1. Who would be the best entity or entities to oversee the coordination of all
needed public health and safety services for individuals displaced from a
homeless camp, as further addressed in Section 14 -119; and
2. Who would be the best entity or entities to store any personal items of
individuals who may be displaced from a homeless camp, as further addressed
in Section 14 -119.
Sec. 14 -119 Displacement of Homeless Camps.
(a) Upon receiving a complaint that a person living in a homeless camp is allegedly
violating the State of Indiana's law addressing panhandling6, or is committing a breach of peace,
or any other city ordinance addressing quality of life, a sworn member of the South Bend Police
Department shall investigate such complaint.
(b) If a homeless person or persons is to be displaced from a homeless camp, the entity or
entities formally designated pursuant to Section 14 -119 (c) shall assist in cataloguing their personal
items, in a safe and secure manner.
(c) Before a homeless camp may be displaced, the City of South Bend must have
communicated with the City of South Bend Department which oversees the certification process
for Emergency Solutions Grants (ESG) Programs recipients, and determine if available housing
for the homeless persons or homeless individuals proposed to be displaced is available. The South
Bend Continuum of Care or other designated entity shall coordinate with all participating service
providers, faith -based organizations, street ministries, and volunteers to ensure that the homeless
persons and homeless individuals to be displaced are provided the next available transitional
housing and comprehensive wrap- around services for which they may be eligible, unless refused
by said individual(s).
Sec. 14 -120 Rights of Homeless Individuals and Homeless Persons.
(a) No person's rights, privileges, or access to public services may be denied solely
because he or she is homeless.
(b) A homeless person or homeless individual:
1. Has the right to use and move freely in public spaces, including, but not limited to
public sidewalks, public parks, public transportation and public buildings, in the
6 Indiana Code § 35 -45 -17 sets forth the State of Indiana's panhandling regulations.
Indiana Code § 35- 33 -1 -4 sets forth the State of Indiana's breach of peace regulations.
Collaborative Pilot Initiative on Homelessness
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same manner as any other person, and without discrimination on the basis of his or
her housing status;
2. Has the right to equal treatment by all municipal departments and agencies, without
discrimination on the basis of housing status;
3. Has the right to emergency medical care without discrimination based on his or her
housing status;
4. Has the right to register to vote and receive documentation necessary to prove
identity to vote without discrimination due to his or her housing status;$
5. Has the right to protection from disclosure of his or her records and personal
information provided to a homeless shelter and related service providers, and
confidentiality of personal records in accordance with the provisions of the
Homeless Management Information System (HMIS),9 the federal Health Insurance
Portability and Accountability Act (HIPAA),10 and the federal Violence Against
Women Act (VAWA); 11and
6. Has the right to a reasonable expectation of privacy with regard to his or her
personal property to the same extent as personal property in a permanent
residence. 12
Section II. If any part, subsection, section, paragraph, sub - paragraph, sentence, clause,
phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise
invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance.
8 Indiana Code §3- 7 -26 -7 sets for the voter registration regulations for the State of Indiana
9 HMIS is a "local information technology system used to collect client -level data and data on the provision of housing
and services to homeless individuals and families and persons at risk of homelessness. Each Continuum of Care is
responsible for selecting an HMIS software solution that complies with HUD's data collection, management, and
reporting standards ".
10 HIPAA was passed in 1996 "to establish a national framework for security standards and protection of
confidentiality with regard to health care data and information ".
" VAWA was passed in 1994 and is "aimed at ending violence against women" and focuses several areas of
intervention.
12 See: 19 Public Interest Law Reporter, Fall 2013, Sheffield, Jonathan, "A Homeless Bill of Rights: Step by Step
from State to State ", pp 1 -10.
Collaborative Pilot Initiative on Homelessness
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Section III. This ordinance shall be in full force and effect from and after its passage by
the Common Council, approval by the Mayor, and legal ublication.
Henry Davi , , 2nd Dis ct Council Member
Office of the City Clerk
riP,,aleWby me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the
day of , 2015, at o'clock _. m.
91= 611fel-1 el6ry,le <l by me on the
.m.
1 st READING 2,3 _l S
PUBLIC HEARING
3 rd READING
NOT APPROVID
PEFERRED.
PASSED
Janice Talboom, Deputy Clerk
day of
Pete Buttigieg, Mayor
City of South Bend, Indiana
2015, at o'clock
Filed In OaMkJj �
lce
JOHN CITY CLERK, SOUTH BEND, IN