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USING LAW FOR HEALTHY HOMES. Priscilla Keith, JD Dana Reed Wise Health and Hospital Corporation of Marion county Indianapolis, Indiana. Environmental Justice.
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USING LAW FORHEALTHY HOMES Priscilla Keith, JD Dana Reed Wise Health and Hospital Corporation of Marion county Indianapolis, Indiana
Environmental Justice • “Environmental justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.” EPA Policy statement
Selected Indiana statutes • IC 12-15-12-20 Child lead poisoning screening • IC 16-41-39.4 Childhood Lead Poisoning • IC 13-17-14 Lead-Based Paint Activities • IC 13-14-10 General Emergency Procedures
Proposed changes to Chapter Ten of HHC Ordinance • An “approved water supply” may not contain hazardous levels of copper and lead. • Defines and adopts standards for determining: • Lead in dust contamination • Lead in soil and water contamination • Defines and adopts lead-safe work practices. • Requires replacement of all pipes constructed or contains lead compounds. • Requires interior of housing, exterior walls and soil be free from lead and lead dust hazards.
Proposed State Legislation • Protecting Children from Lead Hazards • Restrictions on Retailers of Children’s Jewelry • Restrictions on Paint Retailers
Medicaid Reimbursement Amount • Reimbursements for the following: • Blood tests to determine levels of lead • Allocation between laboratory and corporation • Case management and inspections
Code Enforcement Procedures • Ordinance authorizes health officers to conduct housing inspections. • Generally, the inspectors must first obtain consent from the owner or occupant. • The health officer may make both a lead-based paint inspection and risk assessment
Code Enforcement Procedures • After finding a violation, a health officer will issue an administrative notice of violation to the persons responsible. • The written notice will include the reasons for which it is issued. • The notice will also contain an outline of remedial action to achieve compliance.
Code Enforcement Procedures • The notice will allow a reasonable time for the performance of any act it requires. • The person who receives the notice may request an administrative hearing. • The administrative law judge shall issue a final order within 15 days of the hearing.
Code Enforcement Procedures • Either party may appeal the final order in court. • HHC may issue a bill to the property owner to recover costs incurred in bringing the property into compliance. • HHC may also bring a civil action to enforce an ordinance violation • Any person found in violation may be fined up to $2,500 for each offense.
Lead Hazard Control Grant Update • 141 units under contract to receive remediation: 74 units completed, and $600,000 collected from property owners • An additional 76 units are enrolled, but not under contract • 17 contractors working in Marion Co. have been trained in lead-safe work practices • Grant ends October 31, 2008
Systematic Code Enforcement • Original purpose - to focus on holistically improving the housing stock, one neighborhood at a time • The team consisted of a social worker, community resource liaison, nurse, and health educator • The team worked to assist families in bringing their properties into compliance
Systematic Code Enforcement • Current team consists of only social worker and community resource liaison • No longer working on specific neighborhoods, but county-wide • Referrals from adult protective services, child protective services, community development corporations
SCE – Healthy Homes Initiative • Staff from the National Center for Healthy Housing provided training for MCHD staff • Essentials for Healthy Homes Practitioners course was very well received • Before training, recognized the need that the program needed to be enhanced
SCE-Healthy Homes Initiative • National Center for Healthy Housing provided a detailed report with recommendations after the training • Goals of the program: • To implement a multi-disciplinary approach for inspecting homes • Provide cross-training for staff in environmental health and population health bureaus
Healthy Homes Initiative • Goals continued: • Implement a team approach for EHS and nurses based on census tract or assigned health district • Develop a list of resources and funding opportunities • Immediately add another team consisting of a social worker and community resource liaison
Healthy Homes Initiative Conclusions • Lead hazard control and elimination plays a large role in the initiative • Plan to purchase moisture meters for inspectors • Plan to construct a database for the homes that may need to be re-inspected • Support has been given by the MCHD director