Sec. 17a-210. (Formerly Sec. 19a-460). Department and Commissioner of Mental Retardation. Duties of commissioner. Patient transfer. Hearings. (a) There shall be a Department of Mental Retardation. The Department of Mental Retardation, with the advice of a Council on Mental Retardation, shall be responsible for the planning, development and administration of complete, comprehensive and integrated state-wide services for persons with mental retardation and persons medically diagnosed as having Prader-Willi syndrome. The Department of Mental Retardation shall be under the supervision of a Commissioner of Mental Retardation, who shall be appointed by the Governor in accordance with the provisions of sections 4-5 to 4-8, inclusive. The Council on Mental Retardation may advise the Governor on the appointment. The commissioner shall be a person who has background, training, education or experience in administering programs for the care, training, education, treatment and custody of persons with mental retardation. The commissioner shall be responsible, with the advice of the council, for planning and developing complete, comprehensive and integrated state-wide services for persons with mental retardation; for the implementation and where appropriate the funding of such services; and for the coordination of the efforts of the Department of Mental Retardation with those of other state departments and agencies, municipal governments and private agencies concerned with and providing services for persons with mental retardation. The commissioner shall be responsible for the administration and operation of the state training school, state mental retardation regions and all state- operated community-based residential facilities established for the diagnosis, care and training of persons with mental retardation. The commissioner shall be responsible for establishing standards, providing technical assistance and exercising the requisite supervision of all state-supported residential, day and program support services for persons with mental retardation and work activity programs operated pursuant to section 17a- 226. The commissioner shall conduct or monitor investigations into allegations of abuse and neglect and file reports as requested by state agencies having statutory responsibility for the conduct and oversight of such investigations. The commissioner shall stimulate research by public and private agencies, institutions of higher learning and hospitals, in the interest of the elimination and amelioration of retardation and care and training of persons with mental retardation.
(b) The commissioner shall be responsible for the development of criteria as to the eligibility of any person with mental retardation for residential care in any public or state- supported private institution and, after considering the recommendation of a properly designated diagnostic agency, may assign such person to a public or state-supported private institution. He may transfer such persons from one such institution to another when necessary and desirable for their welfare, provided such person and such person's parent, conservator, guardian or other legal representative receives written notice at least ten days prior to the proposed transfer of such person from any such institution or facility. Such prior notice shall not be required when transfers are made between residential units within the training school or a state mental retardation region or when necessary to avoid a serious and immediate threat to the life or physical or mental health of such person or others residing in such institution or facility. The notice required by this subsection shall notify the recipient of his or her right to request a hearing in accordance with subsection (c) of this section and shall include the name, address and telephone number of the Office of Protection and Advocacy for Persons with Disabilities. In the event of an emergency transfer, such notice shall be given within ten days following said transfer. In the event that a hearing is requested prior to the proposed transfer, the transfer shall be stayed pending final disposition of the hearing.
(c) The parent, guardian, conservator or other legal representative of any person with mental retardation who resides at any institution or facility operated by the Department of Mental Retardation, or any person with mental retardation himself, who is eighteen years of age or older and who resides at any such institution or facility, may make a request, in writing, to the Commissioner of Mental Retardation for a hearing on any transfer of such person from one institution or facility to another for any reason other than medical. In any such transfer hearing, the proponent of a transfer shall have the burden of showing, by clear and convincing evidence, that the proposed transfer is in the best interest of the resident being considered for transfer and that the facility and programs to which transfer is proposed (1) are safe and effectively supervised and monitored and (2) provide a greater opportunity for personal development than the resident's present setting. Such hearing shall be conducted in accordance with the provisions of sections 4-176e to 4-184, inclusive.
(d) The parent, guardian, conservator or other legal representative of a person, or the person himself, may request a hearing for any final determination by the department which (1) denies such person eligibility for programs and services of the department, (2) approves a program for such person which includes the use of behavior-modifying medications or aversive procedures, or (3) determines that community placement is inappropriate for such person placed under the direction of the commissioner. A request for a hearing shall be in writing to the commissioner. Such hearing shall be conducted in accordance with the provisions of sections 4-176e to 4-184, inclusive.
(1959, P.A. 148, S. 22; 1963, P.A. 377, S. 3; P.A. 75-594; 75-638, S. 2, 23; P.A. 76-153, S. 1; P.A. 81-185; P.A. 83- 64, S. 1, 4; P.A. 86-41, S. 9, 11; P.A. 87-109, S. 1, 2; P.A. 88-28, S. 2, 8; 88-317, S. 80, 107; P.A. 89-144, S. 7; 89-325, S. 21, 26; P.A. 90-164, S. 4; P.A. 91-193; 91-406, S. 22, 29; P.A. 94-124, S. 1; 94-222, S. 2; June 18 Sp. Sess. P.A. 97-8, S. 22, 88; P.A. 00-135, S. 1, 21.)
History: 1963 act eliminated deputy commissioner's responsibility for the Mansfield-Southbury social service; P.A. 75-594 added Subsec. (b) re requests for transfers; P.A. 75-638 replaced office of mental retardation in health department with independent department of mental retardation headed by commissioner appointed by the governor; P.A. 76-153 included responsibility for regional centers in commissioner's duties and again replaced office of mental retardation with independent department of mental retardation; Sec. 19-4c transferred to Sec. 19-570 in 1977; P.A. 81-185 added provisions re required notice of intended transfers of persons from one institution to another in Subsec. (a) and amended Subsec. (b) to include conservators or other legal representatives as persons authorized to request hearing; Sec. 19-570 transferred to Sec. 19a-460 in 1983; P.A. 83-64 amended Subsec. (a) to include vocational training and work activity programs under the commissioner's responsibility and supervision; P.A. 86-41 substituted references to mental retardation regions for references to regional centers and made other technical changes in Subsec. (a); P.A. 87-109 substituted "services" for "program" and "persons with mental retardation" for "mentally retarded"; P.A. 88-28 divided Subsec. (a) into two subsections, relettering Subsec. (b) as Subsec. (c) and substituted "residential, day and program support services" for "diagnostic facilities, day care centers, habilitation centers, sheltered workshops, boarding homes and other facilities"; P.A. 88-317 amended reference to Secs. 4-177 to 4-184 in Subsec. (b) to include new sections added to Ch. 54, effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; P.A. 89-144 amended Subsec. (b) by substituting the office of protection and advocacy for persons with disabilities for the office of protection and advocacy for handicapped and developmentally disabled persons; P.A. 89-325 deleted the references to Secs. 19a-477 to 19a-479, inclusive, in Subsec. (a); P.A. 90-164 made technical changes in Subsec. (a) and deleted a provision requiring the council on mental retardation to recommend the appointment of the commissioner and added authority for the council to advise the governor on the appointment; Sec. 19a-460 transferred to Sec. 17a-210 in 1991; P.A. 91-193 added Subsec. (d) authorizing the parent, guardian, conservator or other legal representative of a person, or the person himself, to request a hearing by the department on certain final decisions of the department; P.A. 91-406 substituted "determination" for "decision" in the phrase "final decision" in Subsec. (d); P.A. 94-124 required that commissioner conduct investigations of allegations of abuse and neglect and made technical changes; P.A. 94-222 amended Subsec. (a) to provide for services to persons with Prader-Willi Syndrome; June 18 Sp. Sess. P.A. 97-8 made technical changes in Subsecs. (a) and (b) and in (c) added the evidentiary requirements for transfer hearings, effective July 1, 1997; P.A. 00-135 amended Subsec. (a) to add provision re power of commissioner to monitor investigations, effective May 26, 2000.
See Sec. 1-101aa re provider participation in informal committees, task forces and work groups of department not deemed to be lobbying.
See Sec. 17a-270 et seq. re Council on Mental Retardation.
See Sec. 19a-24 re liability of commissioner and staff members for damages.
See Secs. 20-14h to 20-14j, inclusive, re administration of medication in day and residential programs and facilities.
Annotation to former section 19-570:
Cited. 31 CS 197.
Annotations to former section 19a-460:
Cited. 30 CA 463, 467.
Subsec. (b):
Cited. 207 C. 296, 298.
Annotations to present section:
Cited. 30 CA 463, 467.

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Sec. 17a-210a. Ombudsperson. (a) The Commissioner of Mental Retardation shall establish an independent ombudsperson office within the Department of Mental Retardation that is responsible for receiving and making recommendations to the commissioner for resolving complaints affecting consumers under the care or supervision of the department or of any public or private agency with which the department has contracted for the provision of services.
(b) The director of the ombudsperson office shall report monthly to the Council on Mental Retardation established by section 17a-270 and by December 15, 1999, and annually thereafter, to the joint standing committee of the General Assembly having cognizance of matters relating to public health.
(c) Not later than September 1, 1999, the commissioner shall convene a special selection committee for advice and recommendations in the hiring or appointment of a director for the ombudsperson office established under subsection (a) of this section. The selection committee shall include self-advocates and family members of persons with mental retardation.
(P.A. 99-271, S. 1, 2.)
History: P.A. 99-271 effective July 1, 1999.

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Sec. 17a-211. Five-year plan. Public hearings. Submission to legislature. (a) In 1991, and every two years thereafter, the Department of Mental Retardation shall develop and review a five-year plan in accordance with this section. The plan shall: (1) Set priorities; (2) identify goals and objectives and the strategies to be employed to achieve them; (3) define the criteria to be used in evaluating whether the department is making progress toward the achievement of such goals and objectives; (4) identify changes in priorities, goals, objectives and strategies from the prior plan; (5) describe and document progress made in achieving the goals and objectives outlined in the prior plan; and (6) estimate the type and quantity of staff and client services that will be needed over the life of the plan.
(b) Every two years, the department shall hold public hearings on a complete draft of the plan and, in January, 1992, and every two years thereafter, the department shall submit the final plan and a transcript of the public hearings to the joint standing committees of the General Assembly having cognizance of matters relating to public health and appropriations and the budgets of states agencies.
(P.A. 90-164, S. 1.)

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Sec. 17a-211a. Annual spending and placement plan. On or before September 15, 1991, and annually on July first thereafter, the Department of Mental Retardation shall submit a report detailing, by account, the proposed spending and placement plan, for the fiscal year, for residential and day services to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and public health, through the legislative Office of Fiscal Analysis. Subsequent to said annual report, the department shall submit a monthly report to the legislative Office of Fiscal Analysis comparing actual expenditures and performance with the proposed spending and placement plan in the annual report.
(June Sp. Sess. P.A. 91-11, S. 7, 25.)

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Sec. 17a-211b. Affirmative action plan. Notwithstanding any provision of the general statutes or regulations adopted thereunder to the contrary, the Department of Mental Retardation shall develop a single, comprehensive affirmative action plan which covers each region, school and office of said department.
(June Sp. Sess. P.A. 91-11, S. 6, 25.)

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Sec. 17a-211c. Pilot programs for client services. The Department of Mental Retardation, in conjunction with the Office of Policy and Management, the Office of Fiscal Analysis and two private sector representatives shall develop requests for proposals to establish five eighteen-month pilot programs for client services to begin on January 1, 1993. Notwithstanding any statute, special act or regulation to the contrary, said programs shall include the following: (1) Two master contract pilot programs combining day, residential, case management and allied services; (2) two master contract pilot programs for residential services, combining all forms of residential programs and case management services; and (3) one contract for supported family care home programs to include case management, respite, clinical, residential and other services as deemed appropriate. The department shall submit to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and public health, on or before November 1, 1992, the completed plans and proposed contracts for the pilot programs. The department shall issue monthly reports on the status of the pilot programs, including program measures, caseload and cost data, to the Office of Policy and Management and the Office of Fiscal Analysis.
(June Sp. Sess. P.A. 91-11, S. 9, 25; P.A. 92-229, S. 1, 3.)
History: P.A. 92-229 reduced number of pilot programs from six to five, postponed beginning date for such programs from January 1, 1992, to January 1, 1993, changed requirement in Subdiv. (3) re two contracts for enhanced family care home programs to one contract for supported family care home programs and postponed date for submittal of plans and contracts to general assembly committees from November 1, 1991, to November 1, 1992.

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Sec. 17a-211d. Workers' Compensation and private providers. Report to General Assembly. The Departments of Mental Retardation, Mental Health and Addiction Services and Children and Families shall provide technical support to selected private providers in order to implement work-site based projects. The projects to be implemented at the private provider facilities shall be supported by the departments within budgeted resources and shall reflect injury-reducing initiatives. On or before October 1, 1997, and annually thereafter, the departments shall submit reports to the joint standing committee of the General Assembly having cognizance of matters relating to public health identifying (1) potential savings associated with such initiatives and with the overall promotion of work-site safety and (2) total workers' compensation costs incurred by private providers funded by the departments.
(June 18 Sp. Sess. P.A. 97-8, S. 34, 88.)
History: June 18 Sp. Sess. P.A. 97-8 effective July 1, 1997.

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Sec. 17a-212. Regulations. Uniform standards and procedures. Protocol. (a) On or before September 30, 1991, the Commissioner of Mental Retardation shall adopt regulations, in accordance with the provisions of chapter 54, establishing (1) criteria for (A) determining eligibility for services provided by the department, (B) determining which clients shall receive a specific service and (C) selecting private sector service providers and (2) uniform procedures to be used by the regional offices in determining which clients shall receive services and in selecting private sector service providers. Such procedures shall specify the decision-making authority of the department's central office and the regional offices and set parameters within which each shall operate.
(b) Each regional office, following a format developed by the department's central office and taking into account the regulations developed by the commissioner, shall prepare a written protocol to be used in determining which clients shall receive services and in selecting service providers. The protocol shall be approved by the commissioner.
(c) The department shall evaluate each region's adherence to its approved protocol.
(P.A. 90-164, S. 2.)

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Sec. 17a-213. Comparison of regions. Report to legislature. The department shall compare the regions with regard to such matters as staff to client ratios, cost per program type, cost per client for each type of service provided and gaps between persons served and persons requesting services. The department shall issue a report to the joint standing committees of the General Assembly having cognizance of matters relating to public health and appropriations and the budgets of state agencies at least annually which identifies and explains any discrepancies between regions and includes the results of the evaluation conducted pursuant to subsection (c) of section 17a-212.
(P.A. 90-164, S. 3.)

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Sec. 17a-214. (Formerly Sec. 19a-461). Acceptance of gift or devise by Department of Mental Retardation. The Commissioner of Mental Retardation may accept and receive, on behalf of the Department of Mental Retardation, any bequest or gift of money or personal property and, subject to the consent of the Governor and Attorney General as provided in section 4b-22, any devise or gift of real property to the Department of Mental Retardation, and may hold and use such property for the purposes, if any, specified in connection with such bequest, devise or gift.
(P.A. 77-181.)
History: Sec. 19-570a transferred to Sec. 19a-461 in 1983; Sec. 19a-461 transferred to Sec. 17a-214 in 1991.

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Sec. 17a-215. (Formerly Sec. 19a-462). Department designated lead agency for autism services. The Department of Mental Retardation shall serve as the lead agency to coordinate, where possible, the functions of the several state agencies which have responsibility for providing services to autistic persons.
(P.A. 79-448.)
History: Sec. 19-570b transferred to Sec. 19a-462 in 1983; Sec. 19a-462 transferred to Sec. 17a-215 in 1991.
Annotation to former section 19a-462:
Cited. 30 CA 463−469.
Annotations to present section:
Cited. 30 CA 463−469.

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Sec. 17a-215a. Advisory Commission on Services and Supports for Persons With Developmental Disabilities. (a) There is established an Advisory Commission on Services and Supports for Persons With Developmental Disabilities. The commission shall consist of: (1) One member appointed by the speaker of the House of Representatives and one member appointed by the president pro tempore of the Senate, who shall be members of the General Assembly; (2) one member appointed by the minority leader of the House of Representatives and one member appointed by the minority leader of the Senate, who shall be members of the General Assembly; (3) a representative of the Governor; (4) the Secretary of the Office of Policy and Management, or the secretary's designee; (5) the Commissioner of Mental Retardation, or the commissioner's designee; (6) the Commissioner of Mental Health and Addiction Services, or the commissioner's designee; (7) the Commissioner of Children and Families, or the commissioner's designee; (8) the Commissioner of Social Services, or the commissioner's designee; (9) the Commissioner of Education, or the commissioner's designee; and (10) sixteen persons who shall be individuals with developmental disabilities who do not have a condition defined as mental retardation pursuant to section 1-1g, representatives of providers of services to such individuals, or members of the families of or advocates for such individuals, three of whom shall be appointed by the speaker of the House of Representatives, three of whom shall be appointed by the president pro tempore of the Senate, three of whom shall be appointed by the minority leader of the House of Representatives, three of whom shall be appointed by the minority leader of the Senate, and four of whom shall be appointed by the Governor.
(b) The advisory commission shall advise the Commissioner of Mental Retardation concerning the need for services and supports for individuals with developmental disabilities who do not have a condition defined as mental retardation pursuant to section 1-1g. Such advice shall include, but not be limited to, (1) defining the population to be served, (2) identifying the types of services and supports needed, (3) identifying how such services and supports can best be delivered, and (4) identifying the costs of such services and supports.
(c) The Department of Mental Retardation shall, within available appropriations, provide such staff as is necessary for the performance of the functions and duties of the advisory commission.
(P.A. 00-135, S. 19.)

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Sec. 17a-216. (Formerly Sec. 19a-463). Purchase of wheelchairs, placement equipment and clothing. The Department of Mental Retardation may, within the limits of appropriations, purchase wheelchairs, placement equipment and clothing which is specifically designed for handicapped persons directly and without the issuance of a purchase order, provided such purchases shall not be in excess of three thousand five hundred dollars per unit purchased. All such purchases shall be made in the open market, but shall, when possible, be based on at least three competitive bids. Such bids shall be solicited by sending notice to prospective suppliers and by posting notice on a public bulletin board within said Department of Mental Retardation. Each bid shall be opened publicly at the time stated in the notice soliciting such bid. Acceptance of a bid by said Department of Mental Retardation shall be based on standard specifications as may be adopted by said department.
(P.A. 80-4; P.A. 81-87.)
History: P.A. 81-87 authorized department of mental retardation to purchase clothing specially designed for handicapped persons without issuance of purchase order; Sec. 19-570c transferred to Sec. 19a-463 in 1983; Sec. 19a-463 transferred to Sec. 17a-216 in 1991.

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Sec. 17a-217. (Formerly Sec. 19a-464). Programs for mentally retarded children and adults. Funding. (a) The Department of Mental Retardation shall develop day-care programs, day-camp programs and recreational programs for mentally retarded children and adults. Any nonprofit organization which establishes or maintains day- care programs, day-camp programs or recreational programs for mentally retarded children or adults may apply to the Department of Mental Retardation for funds to be used to assist in establishing, maintaining or expanding such programs. For the purposes of this section: (1) A day-care program (A) may provide for the care and training of preschool age children to enable them to achieve their maximum social, physical and emotional potential; (B) may provide mentally retarded adolescents and adults with an activity program which includes training in one or more of the following areas: Self-care, activities of daily living, personal and social adjustment, work habits and skills, speech and language development; (2) a day-camp program may provide mentally retarded children or adults with a supervised program of out-of-doors activities which may be conducted during all or part of the months of June, July, August and September, and (3) a recreational program may provide planned and supervised recreational activities for mentally retarded children or adults, which activities may be of a social, athletic or purely diversionary nature and which programs shall be considered separate and apart from the day-camp program described in subdivision (2).
(b) No grant to assist in establishing, maintaining or expanding any of the above programs under the provisions of this section shall exceed the ordinary and recurring annual operating expenses of such program, nor shall any grant be made to pay for all or any part of capital expenditures. The Department of Mental Retardation shall: Define minimum requirements to be met by each program in order to be eligible to receive funds as provided for by this section in regard to qualification and number of staff members and program operation, including but not limited to physical plant and record keeping; establish procedures to be used in making application for such funds; and provide regulations governing the granting of funds to assist in the establishment of day- care programs, day-camp programs and recreational programs for the mentally retarded. Upon receipt of proper application, the Department of Mental Retardation, within available appropriations, may grant such funds, provided the plans for financing and the standards of operation of such programs shall be approved by said department in accordance with the provisions of this section. For the purpose of developing such programs said department may accept grants from the federal government, a municipality or any other source.
(1959, P.A. 148, S. 33; 1971, P.A. 719, S. 1; P.A. 75-638, S. 12, 23; P.A. 76-340, S. 1; P.A. 79-171, S. 1; June Sp. Sess. P.A. 91-11, S. 1, 25.)
History: 1971 act added provision making retired circuit court judges state referees and replaced references to superior court with "court from which case was referred"; P.A. 75-638 replaced office of mental retardation and department of health with department of mental retardation; P.A. 76-340 changed wording re eligible nonprofit organization in Subsec. (a) slightly; Sec. 19-4d transferred to Sec. 19-571 in 1977; P.A. 79-171 deleted reference to children judged inadmissible to special classes and school-excluded children in Subsec. (a)(1)(A) and allowed department to accept federal, municipal or other grants in Subsec. (b); Sec. 19-571 transferred to Sec. 19a-464 in 1983; Sec. 19a-464 transferred to Sec. 17a- 217 in 1991; June Sp. Sess. P.A. 91-11 amended Subsec. (b) to make funding by the department subject to available appropriations.

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Sec. 17a-218. (Formerly Sec. 19a-464a). Programs of community-based residential facilities and respite care and emergency placement for persons with mental retardation. (a) For purposes of this section, the following terms have the following meanings: "Commissioner" means the Commissioner of Mental Retardation; "department" means the Department of Mental Retardation; and "emergency placement" means cases in which there has been a request for a residential accommodation for an individual for whom there is an unforeseen emergency in his current living arrangement, or cases in which the department has had no previous knowledge of a need for placement, or cases in which such a placement is needed because of actions of another state agency or department, including, but not limited to, the Department of Mental Health and Addiction Services, the Department of Children and Families, and any court, or cases prior to any other planned placements, because the health or safety of the individual needing such placement would be adversely affected without such placement.
(b) The commissioner shall plan, develop and administer a comprehensive program of community-based residential facilities including, but not limited to, transitional facilities, group homes, community training homes and supervised apartments. On and after January 1, 1997, every contract by the commissioner for the construction, renovation or rehabilitation of a community-based residential facility shall be awarded to the lowest responsible and qualified bidder on the basis of competitive bids in accordance with procedures which the commissioner shall establish in regulations adopted by the commissioner in accordance with the provisions of chapter 54.
(c) The commissioner may provide, within available appropriations, subsidies to persons with mental retardation who are placed in supervised apartments, condominiums or homes which do not receive housing payments under section 17b-244, in order to assist such persons to meet housing costs.
(d) The commissioner may provide, within available appropriations, respite care services which may be administered directly by the department, or through contracts for services with providers of such services, or by means of direct subsidy to parents of mentally retarded persons to enable them to purchase such services.
(e) The commissioner may, within available appropriations and in accordance with individualized plans of care, provide a full range of services to support persons with mental retardation living with their families, caretakers, independently or in community- based residential facilities licensed pursuant to section 17a-227. Such services may include, but are not limited to, education and training programs, social services, counseling services, medical services, physical or occupational therapy, parent training, recreation and transportation. Such services may be provided by the department or be purchased from persons or private agencies through contracts pursuant to subsection (c) of section 4-70b or purchased directly by the service recipient or his family. The department may provide a direct subsidy to persons with mental retardation or their families to be used for such purchases of such support services. The recipient of such subsidy shall provide a documented accounting of such subsidy to the department.
(f) Notwithstanding the provisions of part III of chapter 59, the commissioner may, within available appropriations, enter into a rental or lease agreement for an apartment, home, or similar private residence if it has been determined by the commissioner that an individual is in need of an emergency placement. Such agreements shall not exceed the fair market price for the area in which the leased premises are located and shall not be for more than twelve months. Upon entering such agreements, the commissioner shall notify the State Properties Review Board and shall begin the leasing procedures outlined in said part III of chapter 59.
(P.A. 83-64, S. 2, 4; P.A. 87-152, S. 3, 4; P.A. 88-28, S. 3, 8; P.A. 89-375, S. 1, 5; P.A. 90-230, S. 29, 101; P.A. 93- 91, S. 1, 2; P.A. 94-222, S. 1; P.A. 95-257, S. 11, 58; P.A. 96-186, S. 5, 6.)
History: P.A. 87-152 added provisions designated as Subsecs. (a) and (f) re emergency placement, relettering prior Subsecs. accordingly; P.A. 88-28 added "within available appropriations" in Subsec. (c), (d) and (e) and authorized placements in "condominiums or homes which do not receive payments under section 17-313b" to Subsec. (c); P.A. 89-375 made technical changes in Subsec. (c); P.A. 90-230 corrected internal references in Subsec. (f); Sec. 19a-464a transferred to Sec. 17a-218 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 94-222 amended Subsec. (e) to add provision to permit direct subsidies to persons with mental retardation or their families and made technical corrections; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995; P.A. 96-186 amended Subsec. (b) by adding lowest-bidder requirements, effective May 31, 1996.
See Sec. 17a-219 re regulations concerning community-based residential facilities and respite care services for the mentally retarded.

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Sec. 17a-218a. Continuing operation of Southbury Training School. Evaluation criteria. Report. (a) The Commissioner of Mental Retardation shall continue the operation of the Southbury Training School and shall establish criteria to evaluate the current population of the training school in regard to community placement and training school placement. The criteria shall include, at a minimum, consideration of the client's age, physical disabilities, medical fragility, level of mental retardation, length of residence at the school and availability of an appropriate placement. Not later than January 1, 1996, the commissioner shall report his findings to the joint standing committee of the General Assembly having cognizance of matters relating to public health, in accordance with section 11-4a.
(b) The commissioner shall no longer accept new admissions at the Southbury Training School.
(c) For the fiscal years ending June 30, 1998, and June 30, 1999, the commissioner shall not certify additional beds as immediate care facilities for the mentally retarded (ICFMR) at the Southbury Training School beyond a total of six hundred sixteen.
(d) On October 1, 1997, and annually thereafter, the commissioner shall submit a report to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and budgets of state agencies and public health. The report shall describe the status of the reduction of the waiting list and the establishment of a Recreation and Respite Care Services Division, to the extent required by the appropriation of funds to the department, and shall include, but not be limited to, the manner in which funds have been or will be spent in meeting said requirements.
(P.A. 95-236; June 18 Sp. Sess. P.A. 97-8, S. 38, 88.)
History: June 18 Sp. Sess. P.A. 97-8 added Subsecs. (b) re limit on new admissions, (c) re additional intermediate care beds and (d) re annual report, effective July 1, 1997.

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Sec. 17a-219. (Formerly Sec. 19a-464b). Regulation of community-based residential facilities and respite care services for the mentally retarded. The commissioner shall adopt regulations in accordance with the provisions of chapter 54 to implement the provisions of subsections (b) and (c) of section 17a-218.
(P.A. 83-64, S. 3, 4.)
History: Sec. 19a-464b transferred to Sec. 17a-219 in 1991.

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Sec. 17a-219a. Family support services: Definitions. For the purposes of this section and sections 17a-219b and 17a-219c:
(a) "Children with disabilities" means any child with a physical, emotional or mental impairment under the age of eighteen years who (1) if under the age of five, has a severe disability and substantial developmental delay, or a specific diagnosed condition with a high probability of resulting in a developmental delay, or (2) has a moderate, severe or profound educational disability, or (3) otherwise meets the definition of developmental disabilities in the federal Developmental Disabilities Act, Section 102(5) as codified in 24 USC Section 6001(5).
(b) "Family" means a child with a disability and (1) one or more biological or adoptive parents, or (2) one or more persons to whom legal custody has been given and in whose home the child resides, or (3) other adult family members who reside with and have a primary responsibility for providing continuous care to a child with a disability.
(c) "Family support services" means services, cash subsidies, and goods which enhance the ability of all children with disabilities to grow within their families, to reduce the emotional and financial costs to families who care at home for children with disabilities, and to assist families of children with disabilities to find the supports, services and assistance to lead lives in their communities.
(P.A. 94-228, S. 1, 4.)
History: P.A. 94-228 effective June 8, 1994.

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Sec. 17a-219b. Family support services: Department responsible for coordination. (a) The Department of Mental Retardation shall be responsible for the coordination of family support services for children with disabilities. The department shall, within available appropriations, promote state-wide availability of family support services.
(b) The Department of Mental Retardation, in coordination with other state, regional and local agencies that operate family support services or administer programs, shall assist families in accessing all other sources of government funds before using existing family support funds appropriated by the General Assembly pursuant to sections 17a- 219a to 17a-219c, inclusive, or any other provision of the general statutes or public or special act.
(P.A. 94-228, S. 2, 4; P.A. 96-185, S. 12, 16; 96-238, S. 14, 25.)
History: P.A. 94-228 effective June 8, 1994 (Revisor's note: The reference to "this or any other act" was replaced editorially by the Revisors with "sections 17a-219a to 17a-219c, inclusive, or any other provision of the general statutes or public or special act" for consistency with existing statutory custom); P.A. 96-185 deleted references in Subsec. (a) to Secs. 10-91a to 10-91d, 10-94f, 10-94g and section 5 of public act 93-383, effective July 1, 1996; P.A. 96-238 deleted references in Subsec. (a) to repealed Secs. 10-91a to 10-91d, inclusive, and section 5 of public act 93-383, effective July 1, 1996.

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Sec. 17a-219c. Family Support Council. (a) There is established a Family Support Council to assist the Department of Mental Retardation and other state agencies that administer or fund family support services to act in concert and within available appropriations, to (1) establish a comprehensive, coordinated system of family support services, (2) use existing state and other resources efficiently and effectively as appropriate for such services, (3) identify and address, within available appropriations, services that are needed for families of children with disabilities, and (4) promote state- wide availability of such services. The council shall consist of twenty-seven voting members including the Commissioners of Public Health, Mental Retardation, Children and Families, Education, Social Services or their designees, the Child Advocate, the executive director of the Office of Protection and Advocacy for Persons with Disabilities, the chair of the Birth-to-Three Council, as established pursuant to sections 17a- 248, 17a-248b to 17a-248g, inclusive, 38a-490a and 38a-516c, the executive director of the Commission on Children, and family members of, or individuals who advocate for, children with disabilities. The family members or individuals who advocate for children with disabilities shall comprise two-thirds of the council and shall be appointed as follows: Six by the Governor, three by the president pro tempore of the Senate, two by the majority leader of the Senate, one by the minority leader of the Senate, three by the speaker of the House of Representatives, two by the majority leader of the House of Representatives and one by the minority leader of the House of Representatives. The initial appointments to the council shall be made on or before September 1, 1994. Members shall be appointed for a term of four years. Members shall be limited to two consecutive terms. The council shall meet at least quarterly and shall select its own chairperson. The initial meeting of the council shall be convened before October 1, 1994. Council members shall serve without compensation but shall be reimbursed for necessary expenses incurred. The costs of administering the council shall be within available appropriations in accordance with sections 17a-219a to 17a-219c, inclusive.
(b) The council shall: (1) Gather input and develop a vision and guidelines for family support services in Connecticut; (2) review existing program policies, procedures and funding mechanisms for conformity to the guidelines and make appropriate recommendations; (3) monitor the implementation of the guidelines and recommendations; (4) report to the Governor and the General Assembly on an annual basis regarding the status of family support services, including the implementation of the guidelines and recommendations; (5) advocate for family support services in accordance with the guidelines; (6) compile and distribute information on family support services within public and private agencies; and (7) perform such other duties as are related to the advancement of family centered supports, policies and services.
(P.A. 94-228, S. 3, 4; P.A. 95-257, S. 12, 21, 58; P.A. 96-185, S. 13, 16; P.A. 98-100.)
History: P.A. 94-228 effective June 8, 1994; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995 (Revisor's note: The phrase "Commissioners of the Departments of Public Health ..." in Subsec. (a) was changed editorially by the Revisors to "Commissioners of Public Health ..." for consistency with customary statutory usage); P.A. 96-185 made a technical change in Subsec. (a) reflecting transfer of birth-to-three program to Department of Mental Retardation, effective July 1, 1996; P.A. 98-100 amended Subsec. (a) by increasing members from twenty-four to twenty-seven, adding the Child Advocate, individuals who advocate for children with disabilities and increased from two to three the appointments by the president pro tempore of the Senate and the speaker of the House of Representatives.

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Sec. 17a-220. (Formerly Sec. 19a-464c). Definitions. As used in this section and sections 17a-221 to 17a-225, inclusive:
(a) "Borrower" means an organization which has received a loan pursuant to this section and sections 17a-221 to 17a-225, inclusive;
(b) "Capital loan agreement" means an agreement, in the form of a written contract, between the department and the organization which sets forth the terms and conditions applicable to the awarding of a community residential facility loan;
(c) "Certification" or "certified" means certification by the Department of Public Health as an intermediate care facility for the mentally retarded pursuant to standards set forth in the rules and regulations published in Title 42, Part 442, Subpart G of the Code of Federal Regulations;
(d) "Community-based" refers to those programs or facilities which are not located on the grounds of, or operated by, the department;
(e) "Community residential facility" means a community-based residential facility which houses up to six mentally retarded or autistic persons and which provides food, shelter, personal guidance and, to the extent necessary, continuing health-related services and care for persons requiring assistance to live in the community provided any such facilities in operation on July 1, 1985, which house more than six mentally retarded or autistic persons shall be eligible for loans for rehabilitation under this section and sections 17a-221 to 17a-225, inclusive. Such facility shall be licensed and may be certified;
(f) "Community Residential Facility Revolving Loan Fund" means the loan fund established pursuant to section 17a-221;
(g) "Default" means the failure of the borrower to observe or perform any covenant or condition under the capital loan agreement and includes the failure to meet any of the conditions specified in section 17a-223;
(h) "Department" means the Department of Mental Retardation;
(i) "Loan" means a community residential facilities loan which shall bear an interest rate to be determined in accordance with subsection (t) of section 3-20, but in no event in excess of six per cent per annum, and is made pursuant to the provisions of this section and sections 17a-221 to 17a-225, inclusive;
(j) "Licensed" or "licensure" means licensure by the department pursuant to section 17a-227;
(k) "Organization" means a private nonprofit corporation which is tax-exempt under Section 501(c)(3) of the Internal Revenue Code, is qualified to do business in this state and is applying for a loan under the community residential facility revolving loan program;
(l) "Rehabilitate" or "rehabilitation" means rehabilitation of a previously existing and operating community residential facility to meet physical plant requirements for licensure, certification or Fire Safety Code compliance or to make energy conservation improvements;
(m) "Renovate" or "renovation" means renovation of a newly acquired residential facility to meet physical plant requirements for licensure, certification or Fire Safety Code compliance or to make energy conservation improvements;
(n) "Total property development cost" means the cost of property acquisition, construction, renovation or rehabilitation and related development costs which may be capitalized under generally accepted accounting principles, including furnishings and equipment, provided in no case may the total property development cost of a residential facility financed pursuant to this section and sections 17a-221 to 17a-225, inclusive, exceed the total residential development amount approved by the Department of Social Services in accordance with sections 17a-228 and 17b-244, and the regulations adopted thereunder; and
(o) "Capital repairs and improvements" means major repairs and improvements to an existing community residential facility to maintain the physical plant and property of such facility, which repairs and improvements are reimbursable under the room and board rates established by the Department of Social Services in accordance with section 17b-244 and may be capitalized in accordance with generally accepted accounting principles.
(P.A. 85-472, S. 1, 7; P.A. 87-402, S. 1, 3; 87-416, S. 14, 24; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 96-181, S. 105, 121; 96-186, S. 1, 6.)
History: P.A. 87-402 redefined "total property development cost" to increase the maximum from two hundred twenty- five thousand dollars to three hundred fifty thousand dollars; P.A. 87-416 amended definition of "loan" to provide that the interest rates on loans would be determined in accordance with Subsec. (t) of Sec. 3-20, but would not be in excess of six per cent per annum; Sec. 19a-464c transferred to Sec. 17a-220 in 1991; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995; P.A. 96-181 added definition of "capital repairs and improvements", effective July 1, 1996; P.A. 96-186 substituted "the total residential development amount approved by the department" in lieu of a specific dollar amount in Subsec. (n) and added Subsec. (o) defining "capital repairs and improvements", effective May 31, 1996 (Revisor's note: In codifying this section the Revisors editorially merged and harmonized the two newly created Subsecs. "(o)").

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Sec. 17a-221. (Formerly Sec. 19a-464d). Community Residential Facility Revolving Loan Fund. There is established a Community Residential Facility Revolving Loan Fund. The proceeds of any bonds issued pursuant to section 17a-225 and the payments on any loans made by the department pursuant to section 17a-222 shall be deposited in said fund. The department may draw on said fund for the purpose of making loans pursuant to section 17a-222.
(P.A. 85-472, S. 2, 7; P.A. 86-107, S. 15, 19.)
History: P.A. 86-107 removed reference to the state treasurer as trustee of the fund; Sec. 19a-464d transferred to Sec. 17a-221 in 1991.

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Sec. 17a-222. (Formerly Sec. 19a-464e). Loans. (a) The department may make community residential facility loans to organizations for (1) construction or purchase and renovation of community-based residential facilities in principal amounts up to one hundred per cent of the total property development cost of the project or (2) the refinancing of an indebtedness created in December, 1983, which indebtedness is secured by a mortgage on such residential facility in principal amounts up to one hundred per cent of the total indebtedness provided in no case may the total amount of the loan exceed three hundred fifty thousand dollars.
(b) The department may make community residential facility loans to organizations for rehabilitation of community-based residential facilities in principal amounts up to one hundred per cent of the total property development cost of the project provided in no case may the total amount of the loan exceed sixty thousand dollars.
(c) The portion, if any, of the total property development cost which is to be paid by the organization may come from one or both of the following sources: (1) Actual cash under the control of the organization; or (2) a loan secured by a mortgage on the property, which mortgage may include both the land and the building.
(d) The department may make community residential facility loans to organizations which own or have capital leases for existing community-based residential facilities for rehabilitation and capital repairs and improvements in amounts not less than three thousand dollars and not greater than forty thousand dollars. Notwithstanding the provisions of section 17a-225, the department may make loans pursuant to this subsection upon execution of a promissory note equal to the amount of the loan which shall provide for repayment of the loan principal and interest. The term of such loans shall be consistent with the reimbursement through the rates established by the Department of Social Services in accordance with section 17b-224.
(P.A. 85-472, S. 3, 7; P.A. 87-402, S. 2, 3; P.A. 96-181, S. 106, 121; 96-186, S. 4, 6.)
History: P.A. 87-402 amended Subsec. (a) to increase the loan maximum from one hundred fifty thousand dollars to three hundred fifty thousand dollars and amended Subsec. (b) to increase the loan maximum from forty thousand dollars to sixty thousand dollars; Sec. 19a-464e transferred to Sec. 17a-222 in 1991; P.A. 96-181 and 96-186 added identical provisions as new Subsec. (d) re community residential facility loans to organizations for rehabilitation and capital repairs to existing community-based residential facilities, effective July 1, 1996, and May 31, 1996, respectively.

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Sec. 17a-223. (Formerly Sec. 19a-464f). Requirements of borrowers. Capital loan agreement. (a) If the organization is seeking to purchase and renovate a new community residential facility or to rehabilitate an existing community residential facility, it shall provide to the department: (1) An independent appraisal by a state certified real estate appraiser; and (2) a structural survey of the home by a state licensed engineer. The department shall not provide community residential facility loan funds for the purchase of a residential facility in principal amounts which are in excess of its appraised value and shall not provide such loan funds for renovation or rehabilitation in principal amounts which are in excess of actual and reasonable cost as defined in department standards.
(b) The borrower shall sign a capital loan agreement in which it agrees to meet all existing department guidelines for use of loan funds and to use such loan funds exclusively for the purchase of property, construction, renovation or rehabilitation of a community residential facility approved by the department.
(c) The borrower shall agree to maintain the facility as a licensed community residential facility for a period equal to the amortization period of the loan. The minimum such obligation shall be five years and the maximum such obligation shall be thirty years.
(d) If the borrower receives a loan equal to one hundred per cent of the total property development cost of a new community residential facility, it shall agree to reserve one hundred per cent of the maximum number of beds in the funded community residential facility for department referrals from state institutions and waiting lists until such time as the department determines this no longer to be necessary. If the borrower receives a loan which provides less than one hundred per cent of the total property development cost of a new community residential facility, it shall agree to reserve not less than two- thirds of the maximum number of beds in the funded community residential facility for department referrals from state institutions and waiting lists until such time as the department determines this no longer to be necessary. The department may establish priorities for the development of new community residential facilities serving persons with specialized needs and may give preference in funding to applications addressing such needs.
(e) The borrower shall provide the department with a promissory note equal to the amount of the loan which shall provide for repayment of the loan principal and interest within a period not to exceed thirty years and a mortgage deed as security for the loan. Such mortgage may be subordinate to a first mortgage interest in the property given by the organization for the purpose of developing such property, provided that the total of both mortgage interests shall not exceed the limit of total property development cost as set forth in section 17a-220. The department shall file a lien against the title of the property for which community residential facility loan funds are expended.
(f) The capital loan agreement shall require the borrower to make periodic payments of principal and interest to the department which payments shall be deposited in the Community Residential Facility Revolving Loan Fund.
(g) In the event of a default or if the capital loan agreement is terminated prior to the borrower's having satisfied its obligations under said agreement, the department shall require the return to the Community Residential Facility Revolving Loan Fund of the outstanding amount of the loan and may foreclose on its mortgage in accordance with the provisions of chapter 49.
(h) In the event that the borrower's license to operate the community residential facility is terminated by the department for cause, the department may bring an action to place the facility into receivership pursuant to sections 17a-231 to 17a-237, inclusive, may contract with a private nonprofit corporation to operate the facility or may operate the facility with department staff until such license is restored. If such license is not restored within one year, this shall constitute a default and the department may pursue the remedies provided in this subsection.
(P.A. 85-472, S. 4, 7.)
History: Sec. 19a-464f transferred to Sec. 17a-223 in 1991.

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Sec. 17a-224. (Formerly Sec. 19a-464g). Purchase-of-service contract. The department may administer the residential facility revolving loan program through a purchase-of-service contract with any state-wide private nonprofit housing development corporation which is organized for the purpose of expanding independent living opportunities for disabled persons.
(P.A. 85-472, S. 5, 7.)
History: Sec. 19a-464g transferred to Sec. 17a-224 in 1991.

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Sec. 17a-225. (Formerly Sec. 19a-464h). Bond authorization. (a) The State Bond Commission shall have the power, from time to time to authorize the issuance of bonds of the state in one or more series and in principal amounts not exceeding in the aggregate four million dollars.
(b) The proceeds of the sale of said bonds, to the extent of the amount stated in subsection (a) of this section, shall be used for the purposes of sections 17a-220 to 17a- 224, inclusive.
(c) All provisions of section 3-20, or the exercise of any right or power granted thereby which are not inconsistent with the provisions of sections 17a-220 to 17a-224, inclusive, are hereby adopted and shall apply to all bonds authorized by the State Bond Commission pursuant to said sections, and temporary notes in anticipation of the money to be derived from the sale of any such bonds so authorized may be issued in accordance with said section 3-20 and from time to time renewed. Such bonds shall mature at such time or times not exceeding twenty years from their respective dates as may be provided in or pursuant to the resolution or resolutions of the State Bond Commission authorizing such bonds. None of said bonds shall be authorized except upon a finding by the State Bond Commission that there has been filed with it a request for such authorization, which is signed by or on behalf of the Commissioner of Mental Retardation and states such terms and conditions as said commission, in its discretion, may require. Said bonds issued pursuant to sections 17a-220 to 17a-224, inclusive, shall be general obligations of the state and the full faith and credit of the state of Connecticut are pledged for the payment of the principal of and interest on said bonds as the same become due, and accordingly and as part of the contract of the state with the holders of said bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made, and the Treasurer shall pay such principal and interest as the same become due.
(P.A. 85-472, S. 6, 7; P.A. 86-396, S. 24, 25; P.A. 87-405, S. 17, 26.)
History: P.A. 86-396 increased bond authorization from three million to five million dollars; P.A. 87-405 decreased the bond authorization from five million dollars to four million dollars; Sec. 19a-464h transferred to Sec. 17a-225 in 1991.

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Sec. 17a-226. (Formerly Sec. 19a-466). Day services for adults with mental retardation. Funding. The Commissioner of Mental Retardation shall develop, to the extent funding is available, a program of employment opportunities and day services for adults with mental retardation. Any nonprofit organization which provides such services may apply to the Department of Mental Retardation for funds to be used to assist in establishing, maintaining or expanding its program. No funding to assist in establishing, maintaining or expanding programs of employment opportunities and day services under the provisions of this section shall exceed the ordinary and recurring operating expenses of such employment opportunities and day services. The Commissioner of Mental Retardation shall establish the requirements to be met by such organizations in order to be eligible to receive funds as provided by this section and establish procedures to be used in making application for such funds. Upon receipt of proper application, the Department of Mental Retardation, if funding is available, shall provide such funds, provided the organization meets the requirements established by the commissioner in accordance with the provisions of this section. The Department of Mental Retardation may receive federal, municipal or private funds available or tendered on a matching or supporting basis for the development, maintenance and promotion of employment opportunities and day services. For purposes of this section, "employment opportunities and day services" means the following programs operated or funded by the Department of Mental Retardation for adults: Supported employment, sheltered employment, community experience, adult day treatment and opportunities for older adults.
(1959, P.A. 148, S. 35; P.A. 75-638, S. 14, 23; P.A. 76-340, S. 2; P.A. 79-171, S. 3; P.A. 88-28, S. 4, 8; P.A. 89-325, S. 22, 26; P.A. 90-138, S. 1, 2.)
History: P.A. 75-638 replaced deputy commissioner of mental retardation with commissioner of mental retardation and department of health with department of mental retardation; P.A. 76-340 removed provision allowing boards of education to apply for funds; Sec. 19-4f transferred to Sec. 19-573 in 1977; P.A. 79-171 added reference to grants for maintenance and expansion of vocational training centers; Sec. 19-573 transferred to Sec. 19a-466 in 1983; P.A. 88-28 (1) substituted references to "day services for adults with mental retardation" for references to vocational training, (2) added the definition of "day services", (3) deleted a definition of "vocational training center" and language providing for regulations governing the granting of funds, and (4) added language concerning the availability of funding; P.A. 89-325 added the term "employment opportunities" and replaced "grant" with "funding"; P.A. 90-138 deleted language prohibiting the use of funds for capital expenditures; Sec. 19a-466 transferred to Sec. 17a-226 in 1991.

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Sec. 17a-227. (Formerly Sec. 19a-467). Licensing and regulation of residential facilities for mentally retarded and autistic persons. (a) No person, firm or corporation shall conduct or maintain within this state a residential facility which it owns, leases or rents for the lodging, care or treatment of persons with mental retardation or autistic persons unless such person, firm or corporation, upon written application, verified by oath, has obtained a license issued by the Department of Mental Retardation.
(b) The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to insure the comfort, safety, adequate medical care and treatment of such persons at such residential facilities. After receiving an application and making such investigation as is deemed necessary and after finding the specified requirements to have been fulfilled, the department shall grant a license to such applicant to conduct a facility of the character described in such application, which license shall specify the name of the person to have charge and the location of such facility. Any person, firm or corporation aggrieved by any requirement of the regulations or by the refusal to grant any license may within twenty days of any order directing the enforcement of any provision of such regulations or the refusal of such license, appeal therefrom in accordance with the provisions of section 4-183, except venue for such appeal shall be in the judicial district in which such facility is located. If the licensee of any such facility desires to place in charge thereof a person other than the one specified in the license, application shall be made to the Department of Mental Retardation, in the same manner as provided for the original application, for permission to make such change. Such application shall be acted upon within ten days from the date of the filing of same. Each such license shall be renewed annually upon such terms as may be established by regulations and may be revoked by the department upon proof that the facility for which such license was issued is being improperly conducted, or for the violation of any of the provisions of this section or of the regulations adopted pursuant to this subsection, provided the licensee shall first be given a reasonable opportunity to be heard in reference to such proposed revocation. Any person, firm or corporation aggrieved by such revocation may appeal in the same manner as hereinbefore provided. Each person, firm or corporation, upon filing an application under the provisions of this section for a license for a facility providing residential services for five or more persons, shall pay to the State Treasurer the sum of fifty dollars.
(c) Notwithstanding any regulation to the contrary, subject to the provisions of this section, the Department of Mental Retardation may contract, within available appropriations, with any organization for the operation of a community-based residential facility, provided such facility is licensed by the Department of Mental Retardation.
(d) The department may contract with any person, firm or corporation to provide residential support services for persons with mental retardation who reside in settings which are not licensed by the department. The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to ensure the safety, adequate supervision and support of persons receiving residential support services.
(e) Any person, firm or corporation who conducts any facility contrary to the provisions of this section shall be fined not more than one thousand dollars or imprisoned not more than six months or both. Any person, firm or corporation who conducts any facility contrary to the regulations adopted pursuant to subsection (b) of this section shall be fined not more than one thousand dollars.
(1969, P.A. 740, S. 1; P.A. 75-638, S. 15, 23; P.A. 77-603, S. 59, 125; P.A. 78-280, S. 2, 127; P.A. 80-110; P.A. 81- 118; P.A. 82-7; P.A. 87-112, S. 1, 2; P.A. 89-375, S. 2, 5; June Sp. Sess. P.A. 91-11, S. 10, 25.)
History: P.A. 75-638 replaced office of mental retardation in health department with independent department of mental retardation; Sec. 19-4g transferred to Sec. 19-574 in 1977; P.A. 77-603 replaced previous appeal provisions with statement that appeals be made in accordance with Sec. 4-183 and added reference to judicial districts; P.A. 78-280 deleted reference to counties; P.A. 80-110 inserted new Subsec. (c) re contracts with nonprofit organizations and redesignated former Subsec. (c) as (d); P.A. 81-118 amended Subsecs. (a) and (b) to extend the licensing authority of the department of mental retardation to residential facilities for autistic persons, to exempt from the licensing fee requirement residential facilities for less than five persons and to delete specific expiration date of December thirty-first, referring instead to annual renewal as provided by regulation; P.A. 82-7 amended Subsec. (c) to require that community-based residential facilities for the mentally retarded operated by nonprofit organizations be licensed by the department of mental retardation, where previously Subsec. required that "programs" be "supervised" by mental retardation department; Sec. 19-574 transferred to Sec. 19a-467 in 1983; P.A. 87-112 amended Subsec. (c) to remove restriction limiting contracting authority to contracts with nonprofit organizations only; P.A. 89-375 made technical changes and inserted new Subsec. (d) re contracts for provision of residential support services, relettered existing Subsec. (d) as (e) and amended (e) by adding language re the fine for violation of regulations; Sec. 19a-467 transferred to Sec. 17a-227 in 1991; June Sp. Sess. P.A. 91-11 amended Subsec. (c) to make department's ability to contract subject to available appropriations.
See Sec. 8-3e re zoning regulations for community residences for mentally retarded persons.

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Sec. 17a-228. (Formerly Sec. 19a-483). Payments for room and board and other services for persons with mental retardation in residential facilities. Authorization for admission to residential facilities; annual review. (a) If a person with mental retardation residing in a residential facility for the mentally retarded licensed pursuant to section 17a-227, but not certified to participate in the Title XIX Medicaid program as an intermediate care facility for the mentally retarded, qualifies for the program of state supplementation to the Supplemental Security Income Program, the Commissioner of Social Services shall pay, under such qualifying program, on behalf of such person the rate established pursuant to subsection (b) of section 17b-244 for room and board, after a reasonable deduction, as determined by the commissioner, to reflect such person's income. The Department of Mental Retardation shall pay the rate established pursuant to subsection (b) of section 17b-244 for services other than room and board provided on behalf of any person whose admission to the facility has been authorized by the Department of Mental Retardation.
(b) Notwithstanding the provisions of subsection (a) of this section, persons residing in residential facilities for the mentally retarded licensed pursuant to section 17a-227 and receiving state payment for the cost of such services on October 1, 1983, shall be deemed to have been authorized for admission by the Department of Mental Retardation. In addition, any person who is admitted to a residential facility for the mentally retarded after October 1, 1983, and not later than December 31, 1983, which facility is licensed pursuant to said section after October 1, 1983, and who is receiving state payment for the cost of such services, shall be deemed to have been authorized for admission by the Department of Mental Retardation if (1) not later than July 15, 1983, the applicant for licensure owns or has an interest in the facility or land upon which the facility shall be located, or concludes a closing transaction on any mortgage loan secured by mortgage on such facility or land, (2) such facility is licensed not later than December 31, 1983, and (3) the applicant for licensure presents evidence to the Commissioner of Mental Retardation that commitments had been made by such applicant not later than July 15, 1983, for the placement of individuals in such facility.
(c) The Department of Social Services shall continue to make payments on behalf of persons residing, on or before October 1, 1983, in residential facilities licensed pursuant to section 17a-227 on or before October 1, 1983, but not certified as intermediate care facilities for the mentally retarded, and on behalf of persons authorized for admission into such facilities by the Department of Mental Retardation after October 1, 1983, who are otherwise eligible for assistance under sections 17b-600 to 17b-604, inclusive. Such payment shall be on the same basis and at the same rate which is in effect on October 1, 1983, and shall continue to pay such rate until the next succeeding annual rate is determined as provided in section 17b-244 and in this section.
(d) Each individual authorized for admission pursuant to subsections (a) or (b) of this section into a residential facility for the mentally retarded licensed pursuant to section 17a-227 shall be reviewed annually by the Department of Mental Retardation. Upon completion of the annual review, the Department of Mental Retardation may (1) renew the authorization of the individual for continued state-assisted care in the residential facility, (2) refuse to renew the authorization of the individual for continued state-assisted care in the residential facility but authorize admission into alternate facilities or (3) refuse to renew the authorization of the individual for continued state-assisted care in the facility and refuse to authorize continued state-assisted care in alternate facilities. If the Department of Mental Retardation refuses to renew the authorization of the individual for continued state-assisted care in the residential facility and either authorizes admission into alternative facilities or refuses to authorize the individual for state-assisted care in any such alternative facility, the Department of Mental Retardation shall continue to pay the rate established pursuant to section 17b-244 for such time as may be administratively necessary for the Department of Mental Retardation to arrange for an appropriate transfer.
(e) Whenever the Department of Mental Retardation refuses to renew the authorization of a person for continued state-assisted care in a licensed residential facility for the mentally retarded pursuant to subsection (d) of this section and either authorizes the individual for admission into alternate facilities or refuses to authorize the individual for continued state-assisted care in any alternative facility, the Department of Mental Retardation shall give thirty days' notice of its determination to the previously authorized individual and to such individual's parent, conservator, guardian or other legal representative. Such notice shall also notify each such individual or his legal representative of the individual's right to contest the determination by submitting a request for a hearing in writing to the Commissioner of Mental Retardation within fifteen days of receiving the notice required by this subsection. Such hearing, if requested, shall be conducted in accordance with the provisions of sections 4-176e to 4-184, inclusive. State-assisted care shall continue in the present facility pending final disposition of any such hearing.
(f) Whenever the Department of Social Services is notified that a facility receiving payments from the Department of Mental Retardation under the provisions of this section has been certified as an intermediate care facility for persons with mental retardation, as defined in 42 CFR 440.50, the Commissioner of Social Services shall notify the Governor and the Governor, with the approval of the Finance Advisory Committee, may transfer from the appropriation for the Department of Mental Retardation to the Department of Social Services, sufficient funds to cover the cost of all services previously paid by the Department of Mental Retardation that are reimbursable, at the rate established for services provided by such certified facilities. Subsequent budget requests from both departments shall reflect such transfer of responsibility.
(June Sp. Sess. P.A. 83-39, S. 4; P.A. 84-546, S. 57, 173; P.A. 86-24, S. 1; P.A. 88-156, S. 22; 88-317, S. 82, 107; P.A. 89-375, S. 3, 5; P.A. 93-262, S. 1, 87.)
History: P.A. 84-546 made technical changes in Subsecs. (b) and (c); P.A. 86-24 substituted "alternate facilities" for "facilities offering different level of care" in Subsecs. (d) and (e); P.A. 88-156 made technical changes and replaced aid to the disabled, aid to the blind or aid to the elderly programs with program of state supplementation to the supplemental security income program; P.A. 88-317 amended reference to Secs. 4-177 to 4-184 in Subsec. (e) to include new sections added to Ch. 54, effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; P.A. 89-375 added Subsec. (f) re transfer of funds from mental retardation department appropriation to income maintenance department; Sec. 19a-483 transferred to Sec. 17a-228 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of income maintenance, effective July 1, 1993.

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Sec. 17a-229. (Formerly Sec. 19a-483a). Commissioner of Mental Retardation to make payments for operating costs incurred prior to admission of residents. The Commissioner of Mental Retardation may, upon application by a residential facility licensed under section 17a-227, at his discretion and prior to the opening of such facility, make payments for operating costs to be incurred up to forty-five days in advance of the initial admission of residents by such facility. He shall ensure that all payments made pursuant to this section and section 17a-228 have been properly expended and shall recoup payments improperly expended.
(June Sp. Sess. P.A. 83-39, S. 5, 18.)
History: Sec. 19a-483a transferred to Sec. 17a-229 in 1991.

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Sec. 17a-230. (Formerly Sec. 19a-483b). Regulations. Exemptions. (a) The Commissioner of Mental Retardation shall adopt regulations in accordance with the provisions of chapter 54 to implement the provisions of section 17a-229 and subsection (a) of section 17a-228 pertaining to the Commissioner of Mental Retardation. Such regulations shall include, but not be limited to, standards for client eligibility for programmatic services provided under subsection (a) of section 17a-228 which standards may address client need for such services and departmental priorities for clients to receive services under subsection (a) of section 17a-228, criteria for determining resident ability to pay for all or part of the cost of such services, standards for advance payments to private entities for the provision of such services, standards for the recovery of payments improperly expended and standards for fair hearing or case review for persons denied eligibility or admission.
(b) The commissioner shall adopt regulations in accordance with the provisions of chapter 54 to govern the annual reviews mandated by subsection (d) of section 17a-228. Such regulations shall address individual need for continued authorization to receive residential care and the continued appropriateness of the facility. Such regulations shall recognize the characteristics of persons deemed authorized for admission pursuant to subsection (b) of section 17a-228.
(c) The commissioner may grant exemptions from regulations adopted pursuant to subsections (a) and (b) of this section for group homes in operation prior to October 1, 1983, and shall adopt regulations concerning the criteria and procedures for such exemptions.
(d) The commissioner shall allow any authorized client of a private residential facility licensed in accordance with section 17a-227 to be absent from such facility for not more than thirty-six days per year without affecting reimbursement to such facility. In order to be reimbursed for absences in excess of thirty-six days, the facility shall obtain prior approval for the absence from the commissioner. The commissioner shall adopt regulations in accordance with the provisions of chapter 54 to implement the provisions of this subsection.
(June Sp. Sess. P.A. 83-39, S. 6, 18; P.A. 84-517, S. 1; P.A. 85-310, S. 3, 4; P.A. 86-24, S. 2; 86-380, S. 1, 2.)
History: P.A. 84-517 added Subsec. (c) re exemptions from regulations for group homes in operation prior to October 1, 1983 and adoption of regulations re criteria and procedures; P.A. 85-310 added Subsec. (d) requiring commissioner to (1) allow client of private residential facility to be absent for not more than thirty-six days per year without affecting reimbursement and (2) adopt regulations accordingly; P.A. 86-24 substituted appropriateness of the "facility" for the "level of care required"; P.A. 86-380 added provision requiring prior approval for absences of more than thirty-six days in Subsec. (d); Sec. 19a-483b transferred to Sec. 17a-230 in 1991.

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Sec. 17a-231. (Formerly Sec. 19a-467a). Receivership of residential facilities for mentally retarded persons: Definitions. The following words and phrases, as used in this section and sections 17a-232 to 17a-237, inclusive, shall have the following meanings, unless the context otherwise requires:
(a) "Residential facility for mentally retarded persons" means a residential facility for the mentally retarded that is licensed, or required to be licensed, pursuant to section 17a-227;
(b) "Emergency" means a situation, physical condition or one or more practices, methods or operations which present imminent danger of death or serious physical or mental harm to residents of such facility;
(c) "Transfer trauma" means the medical and psychological reactions to physical transfer that increase the risk of death, or grave illness, or both, in mentally retarded persons;
(d) "Substantial violation" means a violation of regulations established pursuant to section 17a-227 which presents a reasonable likelihood of serious physical or mental harm to residents of such facility;
(e) "Habitual violation" means a violation of regulations established pursuant to section 17a-227 which, due to its repetition, presents a reasonable likelihood of serious physical or mental harm to residents of such facility.
(June Sp. Sess. P.A. 83-39, S. 7.)
History: Sec. 19a-467a transferred to Sec. 17a-231 in 1991.

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Sec. 17a-232. (Formerly Sec. 19a-467b). Application for receivership. Hearing. Emergency order. (a) An application to appoint a receiver for a residential facility for mentally retarded persons may be filed in the Superior Court by the Commissioner of Mental Retardation or the director of the Office of Protection and Advocacy for Persons with Disabilities. A resident of the facility or the resident's legally liable relative, conservator, or guardian may file a written complaint with the Commissioner of Mental Retardation specifying conditions at the facility which warrant an application to appoint a receiver. If the Commissioner of Mental Retardation fails to resolve the complaint within forty-five days of its receipt or, in the case of a facility which intends to close, within seven days of its receipt, the person who filed the complaint may file an application in the Superior Court for the appointment of a receiver for the facility. The court shall immediately notify the Attorney General of the application. The court shall hold a hearing not later than ten days after the date the application is filed. Notice of the hearing shall be given to the owner of the facility or the owner's agent for service of process not less than five days prior to the hearing. The notice shall be posted by the court in a conspicuous place inside the facility for not less than three days prior to the hearing.
(b) Notwithstanding the provisions of subsection (a) of this section the court may appoint a receiver upon an ex parte motion when affidavits, testimony or any other evidence presented indicates that there is a reasonable likelihood an emergency exists in the facility which must be remedied immediately to insure the health, safety and welfare of the residents of the facility. Notice of the application and order shall be served on the owner or his agent for service of process and shall be posted in a conspicuous place inside the facility not later than twenty-four hours after issuance of the order. A hearing on the application shall be held not later than five days after the issuance of the order unless the owner consents to a later date.
(June Sp. Sess. P.A. 83-39, S. 8; P.A. 89-144, S. 8.)
History: P.A. 89-144 amended Subsec. (a) by substituting the office of protection and advocacy for persons with disabilities for the office of protection and advocacy for handicapped and developmentally disabled persons; Sec. 19a- 467b transferred to Sec. 17a-232 in 1991.

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Sec. 17a-233. (Formerly Sec. 19a-467c). Imposition of receivership: Grounds; defenses. (a) The court may grant an application for the appointment of a receiver for a residential facility for mentally retarded persons upon a finding of any of the following: (1) The facility is operating without a license issued pursuant to section 17a-227; (2) the facility intends to close and adequate arrangements for relocation of its residents have not been made at least thirty days prior to closing; (3) there exists in the facility a condition in substantial violation of regulations established pursuant to section 17a-227; (4) there exists in the facility a practice of habitual violation of regulations established pursuant to section 17a-227.
(b) It shall be a sufficient defense to a receivership application if any owner of a residential facility for mentally retarded persons establishes that: (1) He did not have knowledge or could not reasonably have known that any conditions in violation of section 17a-227 existed, or (2) he did not have a reasonable time in which to correct such violations, or (3) the violations listed in the application do not, in fact, exist, or (4) in the event the grounds upon which the petition is based are those set forth in subdivision (2) of subsection (a) of this section, the facility does not intend to close.
(June Sp. Sess. P.A. 83-39, S. 9.)
History: Sec. 19a-467c transferred to Sec. 17a-233 in 1991.

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Sec. 17a-234. (Formerly Sec. 19a-467d). Duties of receiver. A receiver appointed pursuant to the provisions of sections 17a-231 to 17a-237, inclusive, in operating such facility, shall have the same powers as a receiver of a corporation under section 52-507 and shall exercise such powers to remedy the conditions which constituted grounds for the imposition of receivership, assure adequate care for the residents and preserve the assets and property of the owner. If a facility is placed in receivership it shall be the duty of the receiver to notify residents and family, except where medically contraindicated. The receiver may correct or eliminate any deficiency in the structure or furnishings of the facility which endangers the safety or health of the residents while they remain in the facility, provided the total cost of correction does not exceed three thousand dollars. The court may order expenditures for this purpose in excess of three thousand dollars upon the application of the receiver. If any resident is transferred or discharged the receiver shall provide for: (1) Transportation of the resident and the resident's belongings and records to the place where the resident is being transferred or discharged; (2) aid in locating an alternative placement and discharge planning; (3) preparation for transfer to mitigate transfer trauma, including, but not limited to, participation by the resident or the resident's guardian in the selection of the resident's alternative placement, explanation of alternative placements and orientation concerning the placement chosen and (4) custodial care of all property or assets of residents which are in the possession of the owner of the facility. The receiver shall preserve all property, assets and records of residents which the receiver has custody of and shall provide for the prompt transfer of the property, assets and records to the alternative placement of any transferred resident. In no event may the receiver transfer all residents and close a facility without a court order and without preparing a discharge plan for each resident.
(June Sp. Sess. P.A. 83-39, S. 10.)
History: Sec. 19a-467d transferred to Sec. 17a-234 in 1991.

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Sec. 17a-235. (Formerly Sec. 19a-467e). Authority of receiver concerning leases, mortgages and secured transactions. (a) A receiver may not be required to honor any lease, mortgage, secured transaction or other contract entered into by the owner of the facility if, upon application to the Superior Court, the court determines that: (1) The person seeking payment under the agreement was an owner or controlling stockholder of the facility or was an affiliate of such owner or controlling stockholder at the time the agreement was made; or (2) the rental, price or rate of interest required to be paid under the agreement was substantially in excess of a reasonable rental, price or rate of interest at the time the contract was entered into.
(b) If the receiver is in possession of real estate or goods subject to a lease, mortgage or security interest which the receiver is permitted to avoid under subsection (a) of this section and, if the real estate or goods are necessary for the continued operation of the facility under this section, the receiver may apply to the court to set a reasonable rental, price or rate of interest to be paid by the receiver during the duration of the receivership. The court shall hold a hearing not later than fifteen days after application is made. Any known owners of the property involved shall receive notice of the application from the receiver at least ten days prior to the hearing. Payment by the receiver of the amount determined by the court to be reasonable is a defense to any action against the receiver for payment or for possession of the goods or real estate subject to the lease, security interest or mortgage involved by any person who received such notice, except that such payment does not relieve the owner of the facility of any liability for the difference between the amount paid by the receiver and the amount due under such lease, security interest or mortgage involved.
(c) The provisions of this section shall not apply to a lease, mortgage, secured transaction or other contract entered into with any financial institution regulated by a state or federal agency.
(June Sp. Sess. P.A. 83-39, S. 11.)
History: Sec. 19a-467e transferred to Sec. 17a-235 in 1991.

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Sec. 17a-236. (Formerly Sec. 19a-467f). Appointment of receiver. Accounting by receiver. (a) The court may name any responsible individual to act as a receiver, including an employee of the Department of Mental Retardation. The court may remove such receiver in accordance with section 52-513. A receiver, other than an employee of the Department of Mental Retardation, appointed pursuant to this section shall be entitled to a reasonable receiver's fee as determined by the court. The receiver shall be liable only in his official capacity for injury to person and property by reason of the conditions of the residential facility. He shall not be personally liable, except for acts or omissions constituting gross, wilful or wanton negligence.
(b) The court, in its discretion, may require a bond of such receiver in accordance with section 52-506.
(c) Each receiver shall, during the first week of January, April, July and October in each year, sign, swear to and file with the clerk of the court by which he was appointed a full and detailed account of his doings as such receiver for the three months next preceding, together with a statement of all court orders passed during such three months and the present condition and prospects of the facility in his charge, and cause a motion for a hearing and approval of the same to be placed on the short calendar.
(June Sp. Sess. P.A. 83-39, S. 12.)
History: Sec. 19a-467f transferred to Sec. 17a-236 in 1991.

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Sec. 17a-237. (Formerly Sec. 19a-467g). Termination of receivership. The Superior Court, upon a motion by the receiver or the owner of such facility, may terminate the receivership if it finds that the facility has been rehabilitated so that the violations complained of no longer exist or, if the receivership was instituted pursuant to subdivision (2) of subsection (a) of section 17a-233, the orderly transfer of the patients has been completed and the facility is ready to be closed. Upon such finding, the court may terminate the receivership and return the facility to its owner. In its termination order the court may include such terms as it deems necessary to prevent the conditions complained of from recurring.
(June Sp. Sess. P.A. 83-39, S. 13.)
History: Sec. 19a-467g transferred to Sec. 17a-237 in 1991.

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Sec. 17a-238. (Formerly Sec. 19a-469). Rights of persons under supervision of Commissioner of Mental Retardation. (a) No person placed or treated under the direction of the Commissioner of Mental Retardation in any public or private facility shall be deprived of any personal, property or civil rights, except in accordance with due process of law.
(b) Each person placed or treated under the direction of the Commissioner of Mental Retardation in any public or private facility shall be protected from harm and receive humane and dignified treatment which is adequate for his needs and for his development to his full potential at all times, with full respect for his personal dignity and right to privacy consistent with his treatment plan as determined by the commissioner. No treatment plan or course of treatment for any person placed or treated under the direction of the commissioner shall include the use of an aversive device which has not been tested for safety and efficacy and approved by the federal Food and Drug Administration except for any treatment plan or course of treatment including the use of such devices which was initiated prior to October 1, 1993. No treatment plan or course of treatment prescribed for any person placed or treated under the direction of the commissioner shall include the use of aversive procedures except in accordance with procedures established by the Commissioner of Mental Retardation. For purposes of this subsection "aversive procedure" means the contingent use of an event which may be unpleasant, noxious or otherwise cause discomfort to alter the occurrence of a specific behavior or to protect an individual from injuring himself or others and may include the use of physical isolation and mechanical and physical restraint. Nothing in this subsection shall prohibit persons who are not placed or treated under the direction of the Commissioner of Mental Retardation from independently pursuing and obtaining any treatment plan or course of treatment as may otherwise be authorized by law. The commissioner shall adopt regulations in accordance with chapter 54 to carry out the provisions of this subsection.
(c) The Commissioner of Mental Retardation shall adopt regulations, in accordance with the provisions of sections 4-166 to 4-176, inclusive, with respect to each facility or institution under his jurisdiction, with regard to the following: (1) Prohibiting the use of corporal punishment; (2) when and by whom therapies may be used; (3) which therapies may be used and (4) when a person may be placed in restraint or seclusion or when force may be used upon a person.
(d) A copy of any order prescribing the use of therapy, restraint or seclusion in accordance with the regulations adopted in subsection (c) of this section shall be made a part of the person's permanent clinical record together with the reasons for each such order and made available in compliance with existing statutes relating to the right to know.
(e) The Commissioner of Mental Retardation shall ensure that each person placed or treated under his direction in any public or private facility is afforded the following rights and privileges: (1) The right to prompt, sufficient and appropriate medical and dental treatment; (2) the right to communicate freely and privately with any person, including, but not limited to, an attorney or other legal representative of his choosing; (3) the right to reasonable access to a telephone, both to make and receive calls in private, unless such access is used in violation of any federal or state statute; (4) the right to send and receive unopened mail and to make reasonable requests for assistance in the preparation of correspondence; (5) the safety of each person's personal effects shall be assured including the provision of reasonably accessible individual storage space; (6) the right to be free from unnecessary or excessive physical restraint; (7) the right to voice grievances without interference; (8) the right to a nourishing and well-balanced diet; (9) the right to be employed outside a facility and to receive assistance in his or her efforts to secure suitable employment. The department shall encourage the employment and shall promote the training of such persons for gainful employment, and all benefits of such employment shall accrue solely to the person employed; (10) the right to have the complete record maintained by the department of mental retardation concerning such person released for review, inspection and copying to such person's attorney or other legal representative notwithstanding any provisions of subsection (g) of section 4-193 or section 4-194; and (11) the right to receive or purchase his or her own clothing and personal effects, including toilet articles, and the right to wear such clothing and use such personal effects except where determined to be dangerous to the health or safety of the individual or others.
(f) The Commissioner of Mental Retardation shall require the attending physician of any person placed or treated under his direction to obtain informed written consent from the following persons prior to authorizing any surgical procedure or any medical treatment, excluding routine medical treatment which is necessary to maintain the general health of a resident or to prevent the spread of any communicable disease: (1) The resident if he is eighteen years of age or over or is legally emancipated and competent to give such consent; (2) the parent of a resident under eighteen years of age who is not legally emancipated; or (3) the legal guardian or conservator of a resident of any age who is adjudicated unable to make informed decisions about matters relating to his medical care. The person whose consent is required shall be informed of the nature and consequences of the particular treatment or surgical procedure, the reasonable risks, benefits and purpose of such treatment or surgical procedure and any alternative treatment or surgical procedures which are available. The consent of any resident or of any parent, guardian or conservator of any resident may be withdrawn at any time prior to the commencement of the treatment or surgical procedure. The director of any facility may authorize necessary surgery for any resident where, in the opinion of the resident's attending physician, the surgery is of an emergency nature and there is insufficient time to obtain the required written consent provided for in this section. The attending physician shall prepare a report describing the nature of the emergency which necessitated such surgery and shall file a copy of such report in the patient's record.
(g) The commissioner's oversight and monitoring of the medical care of persons placed or treated under the direction of the commissioner does not include the authority to make treatment decisions, except in limited circumstances in accordance with statutory procedures. In the exercise of such oversight and monitoring responsibilities the commissioner shall not impede or seek to impede a properly executed medical order to withhold cardiopulmonary resuscitation. For purposes of this subsection a "properly executed medical order to withhold cardiopulmonary resuscitation" means (1) a written order by the attending physician; (2) in consultation and with the consent of the patient or a person authorized by law; (3) when the attending physician is of the opinion that the patient is in a terminal condition, as defined in subsection (3) of section 19a-570, which condition will result in death within days or weeks; and (4) when such physician has requested and obtained a second opinion from a Connecticut licensed physician in the appropriate specialty that confirms the patient's terminal condition. a "properly executed medical order to withhold cardiopulmonary resuscitation" also includes the entry of such an order when the attending physician is of the opinion that the patient is in the final stage of a terminal condition but cannot state that the patient may be expected to expire during the next several days or weeks, or, in consultation with a physician qualified to make a neurological diagnosis, deems the patient to be permanently unconscious, provided the commissioner has reviewed the decision with the department's director of community medical services, the family and guardian of the patient and others who the commissioner deems appropriate, and determines that the order is a medically acceptable decision.
(h) Any person applying for services from the Commissioner of Mental Retardation or any person placed by a probate court under the direction of the Commissioner of Mental Retardation, and such person's parents or guardian shall be informed orally and in writing at the time of application or placement of the rights guaranteed by this section and the provisions of subdivision (5) of section 46a-11. A summary of these rights shall be posted conspicuously in the public areas of every public or private facility providing services to persons under the care of the Commissioner of Mental Retardation.
(P.A. 76-152, S. 1−3; P.A. 80-311, S. 1, 5; P.A. 81-150; P.A. 82-86; P.A. 86-41, S. 10, 11; P.A. 88-317, S. 81, 107; P.A. 93-253; 93-303.)
History: P.A. 80-311 required as part of permanent record the reasons for each therapy order under Subsec. (d) and added Subsecs. (e) and (f) re patients' rights; P.A. 81-150 amended Subsec. (e) to add to the rights of persons under the supervision of the commissioner of mental retardation the right of such persons to receive or purchase their own clothing and personal effects, including toilet articles, and to wear or use them unless deemed dangerous to the health or safety or that of others; P.A. 82-86 inserted new Subsec. (d) requiring physician to obtain written consent before authorizing surgical procedure or medical treatment as specified, relettering as necessary; Sec. 19-575a transferred to Sec. 19a-469 in 1983; P.A. 86-41 substituted "director" for "superintendent" in Subsec. (f); P.A. 88-317 amended reference to Secs. 4-166 to 4- 176 in Subsec. (c) to include new section added to Ch. 54, effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; Sec. 19a-469 transferred to Sec. 17a-238 in 1991; P.A. 93-253 amended Subsec. (b) re use of aversive devices and procedures, defined "aversive device" and required adoption of regulations; P.A. 93-303 inserted new Subsec. (g) to describe the commissioner's oversight and monitoring of medical care of persons under his direction with respect to medical orders to withhold cardiopulmonary resuscitation, relettering former Subsec. (g) as (h).
Annotation to former section 19a-469:
Cited. 221 C. 346, 353.

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Sec. 17a-239. (Formerly Sec. 19a-470). Definitions. For the purposes of sections 17a-240 to 17a-244, inclusive, "a person eligible to receive services from State of Connecticut-Unified School District #3" means a child who has not attained the age of eligibility for the provision of special education and related services as specified in subsection (q) of section 10-76a-1 of the regulations of Connecticut state agencies, as amended, and who has a significant developmental delay or a diagnosed physical or mental condition with a high probability of resulting in a significant developmental delay.
(P.A. 77-587, S. 1, 9; P.A. 79-35, S. 2; June Sp. Sess. P.A. 91-11, S. 2, 25.)
History: P.A. 79-35 redefined "child requiring functional education" as one who at maturity is not expected to exceed intellectual functioning equal to that of four-year-old child rather than as one who is "severely or profoundly retarded"; Sec. 19-575b transferred to Sec. 19a-470 in 1983; Sec. 19a-470 transferred to Sec. 17a-239 in 1991; June Sp. Sess. P.A. 91-11 replaced definition of "a child requiring functional education" and with definition for "a person eligible to receive services from the state of Connecticut-Unified school district #3".

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Sec. 17a-240. (Formerly Sec. 19a-471). Establishment of school district in the Department of Mental Retardation. Unified School District #3. Establishment and duties of education council. (a) The Commissioner of Mental Retardation shall, within available appropriations, operate a school district within the Department of Mental Retardation to provide educational services to those persons eligible to receive services as defined in section 17a-239. The school district shall be known as State of Connecticut- Unified School District #3. The school district shall operate on a twelve-month calendar to provide uninterrupted educational programming. There shall be an education council for said district within the Department of Mental Retardation which shall be composed of seven members to be appointed by the Commissioner of Mental Retardation as follows: One member from each of the six regions within the Department of Mental Retardation and one member from the Council on Mental Retardation. The term of each member shall be coterminous with the term of the Governor. The members of said council shall be persons with a demonstrated interest in and concern for infants and toddlers with developmental delays, and shall not be employees of the Department of Mental Retardation or the state Department of Education. The education council shall annually elect a chairman and a secretary from its membership. Said council shall meet at least four times a year or at such other times as the chairman deems necessary.
(b) The education council for the school district within the Department of Mental Retardation shall be responsible for planning and maintaining such appropriate educational programs as it deems necessary or advisable in the interests of the persons benefiting therefrom, shall make a continuing study of the educational needs of seriously retarded persons in the state and will do such planning as is necessary to meet their needs, and will report annually to the Commissioner of Mental Retardation regarding the progress and accomplishments of the school district.
(P.A. 77-587, S. 2, 9; P.A. 79-35, S. 3; P.A. 81-282; P.A. 82-302, S. 1, 2; P.A. 83-169, S. 4; P.A. 86-79, S. 1, 2; June Sp. Sess. P.A. 91-11, S. 3, 25.)
History: P.A. 79-35 deleted words "severely or profoundly mentally retarded" to describe children requiring functional education in Subsec. (a); P.A. 81-282 amended Subsec. (a) to change membership of the education council adding one person from the board of trustees of the Mansfield Training School and one from the board of Southbury Training School and reducing from three to one the number representing the council on mental retardation and to reduce the number of meetings from six to four per year and substituted "persons" for "children" throughout the section; P.A. 82-302 authorized operation of the special school district on a twelve-month calendar; Sec. 19-575c transferred to Sec. 19a-471 in 1983; P.A. 83-169 amended Subsec. (a), changing name designation of school district to State of Connecticut − Unified School District #3; P.A. 86-79 revised council membership, reducing number from fifteen to seven; Sec. 19a-471 transferred to Sec. 17a- 240 in 1991; June Sp. Sess. P.A. 91-11 amended Subsec. (a) to replace "severely or profoundly handicapped persons" with "infants and toddlers with developmental delays", to make operation of the school district by the department subject to available appropriations, and to make technical language changes.
See Sec. 10-15d re applicability of education general statutes to special school district.

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Sec. 17a-241. (Formerly Sec. 19a-472). Appointment and duties of school superintendent. (a) The Commissioner of Mental Retardation shall, upon the recommendation of the education council of the school district, appoint a superintendent for said district. Said superintendent shall operate the school district in accordance with the rules and orders of the commissioner and with the policies and programs approved by the education council of said district. The superintendent shall, subject to the approval of the commissioner, and upon consultation with the education council, make rules for the administration of the school system, provided all such rules are in accordance with regulations established by the State Board of Education.
(b) The superintendent of the school district under the general supervision of the Commissioner for Mental Retardation, and in consultation with the education council of the school district, shall have the power to (1) establish and maintain within the department a state-wide system of programs as required; (2) purchase, receive, hold and convey personal property for school purposes and equip and supply such schools with necessary furniture, equipment and other appendages; (3) make agreements and regulations for establishing and conducting the district's programs and employ and dismiss, in accordance with the applicable provisions of section 10-151, such teachers and other staff as are necessary to carry out the intent of sections 17a-239 to 17a-244, inclusive, and to pay their salaries; (4) receive any federal funds or aid made available to the state for such programs and shall be eligible for and may receive any other funds or aid whether private, state or otherwise, to be used for the purposes of sections 17a-239 to 17a-244, inclusive. The superintendent of the school district may cooperate with the federal government in carrying out the purposes of any federal law pertaining to the education of students within said district, and may adopt such methods of administration as are found by the federal government to be necessary, and may comply with such conditions as may be necessary to secure the full benefit of all federal funds available.
(P.A. 77-587, S. 3, 9; P.A. 83-169, S. 5; June Sp. Sess. P.A. 91-11, S. 4, 25.)
History: Sec. 19-575d transferred to Sec. 19a-472 in 1983; P.A. 83-169 made technical changes; Sec. 19a-472 transferred to Sec. 17a-241 in 1991; June Sp. Sess. P.A. 91-11 amended Subsec. (b) to delete references to Subsec. (f) of Sec. 10-76a and changed reference to district's "schools" to district's "programs".

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Sec. 17a-242. (Formerly Sec. 19a-473). Annual evaluation reports. The Commissioner of Mental Retardation together with the superintendent and education council of the school district, shall annually evaluate progress and accomplishments of said district. Said commissioner shall submit annual evaluation reports to the Commissioner of Education in order to apprise the State Board of Education of the condition, progress and needs of said school district. Said commissioner shall follow procedures adopted by the Commissioner of Education in preparation of annual evaluation reports.
(P.A. 77-587, S. 4, 9; 77-614, S. 302, 610.)
History: P.A. 77-614 replaced secretary of the state board of education with commissioner of education, effective January 1, 1979; Sec. 19-575e transferred to Sec. 19a-473 in 1983; Sec. 19a-473 transferred to Sec. 17a-242 in 1991.

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Sec. 17a-243. (Formerly Sec. 19a-474). Placement of child. Costs. Section 17a- 243 is repealed.
(P.A. 77-587, S. 5, 9; P.A. 83-169, S. 6; 83-394, S. 1, 2; June Sp. Sess. P.A. 91-11, S. 24.)

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Sec. 17a-244. (Formerly Sec. 19a-475). Regulations. The Commissioner of Mental Retardation shall, pursuant to chapter 54, adopt such regulations as may be necessary to carry out the provisions of sections 17a-239 to 17a-244, inclusive.
(P.A. 77-587, S. 6, 9; 77-614, S. 302, 610; P.A. 86-333, S. 15, 32; June Sp. Sess. P.A. 91-11, S. 5, 25.)
History: P.A. 77-614 replaced secretary of the state board of education with commissioner of education, effective January 1, 1979; Sec. 19-575g transferred to Sec. 19a-475 in 1983; P.A. 86-333 substituted commissioner of mental retardation for commissioner of education; Sec. 19a-475 transferred to Sec. 17a-244 in 1991; June Sp. Sess. P.A. 91-11 deleted reference to Subsec. (f) of Sec. 10-76a.

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Sec. 17a-245. (Formerly Sec. 19a-483c). Work incentive grant for certain fully employed residents of private community-based residential facilities. Regulations. Section 17a-245 is repealed.
(P.A. 88-219, S. 1, 3; June Sp. Sess. P.A. 91-11, S. 24.)

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Sec. 17a-246. Rates of payment to organizations providing employment opportunities and day services. Regulations. (a) The amount of payments to be paid by the state to any organization which provides employment opportunities and day services for persons referred by any state agency shall be determined annually by the Commissioners of Mental Retardation, Social Services, Mental Health and Addiction Services and any other state agency which purchases employment opportunities and day services using a uniform payment system. Nothing contained herein shall authorize a payment by the state in excess of the charges for comparable services to the general public. For purposes of this section, "employment opportunities and day services" means the following programs: Supported employment, sheltered employment, community experience, adult day treatment and opportunities for older adults.
(b) Notwithstanding the provisions of the general statutes or the regulations of the Connecticut state agencies, for the fiscal year commencing July 1, 1989, and ending June 30, 1990, the Department of Mental Retardation, in conjunction with the Departments of Mental Health and Addiction Services and Social Services, shall pro rate any reduction in available appropriations to any agency funded pursuant to sections 19a-476 to 19a- 482, inclusive, of the general statutes, revision of 1958, revised to 1989. Such proration shall not be construed to authorize a reduction in the level of services to persons receiving services pursuant to said sections as of May 31, 1989, except that upon a showing of hardship to the appropriate commissioner, an agency may be granted relief. Any agency accredited by an appropriate national accrediting body on June 30, 1989, shall continue such accreditation through June 30, 1990.
(c) The Commissioner of Mental Retardation, in consultation with the Commissioners of Mental Health and Addiction Services, Social Services and any other agency which pays for employment opportunities and day services, shall adopt regulations, in accordance with chapter 54, to implement the provisions of subsection (a) of this section.
(P.A. 89-325, S. 20, 26; P.A. 93-262, S. 1, 87; P.A. 95-257, S. 11, 58.)
History: P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995.

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Sec. 17a-247. (Formerly Sec. 19a-484). Conduct of employee of Department of Mental Retardation appointed as guardian or limited guardian of a mentally retarded person. (a) Any employee of the Department of Mental Retardation appointed as a guardian or limited guardian pursuant to subsection (e) of section 45a-676 shall exercise judgment, independent of the department, for the benefit and best interests of his ward.
(b) The Department of Mental Retardation shall not take or threaten to take any action against any such employee in retaliation for such employee's conduct as a guardian or limited guardian of a mentally retarded person.
(P.A. 83-420, S. 5.)
History: Sec. 19a-484 transferred to Sec. 17a-247 in 1991.

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Sec. 17a-247a. Registry of former employees of department or other service providers terminated because of substantiated acts of abuse or neglect. Definitions. As used in sections 17a-247b to 17a-247e, inclusive, and subdivision (31) of subsection (a) of section 2c-2b:
(1) "Abuse" means the wilful infliction by an employee of physical pain or injury or the wilful deprivation of services necessary to the physical and mental health and safety of a department client.
(2) "Authorized agency" means any agency authorized in accordance with the general statutes to conduct abuse and neglect investigations and responsible for issuing or carrying out protective services for persons with mental retardation.
(3) "Commissioner" means the Commissioner of Mental Retardation.
(4) "Department" means the Department of Mental Retardation.
(5) "Department client" means a person who is eligible for, and receives services or funding from, the department.
(6) "Employee" means any individual employed (A) by the department, or (B) by an agency, organization or individual that is licensed or funded by the department.
(7) "Employer" means (A) the department, or (B) an agency, organization or individual that is licensed or funded by the department.
(8) "Neglect" means the failure by an employee, through action or inaction, to provide a department client with the services necessary to maintain such client's physical and mental health and safety.
(9) "Protective services" has the same meaning as provided in section 46a-11a.
(10) "Registry" means a centralized data base containing information regarding substantiated abuse or neglect.
(11) "Substantiated abuse or neglect" means a determination by an authorized agency, following an investigation conducted or monitored by such agency, that (A) abuse or neglect of a department client has occurred, or (B) there has been a criminal conviction of a felony or misdemeanor involving abuse or neglect.
(June 18 Sp. Sess. P.A. 97-2, S. 156, 165; P.A. 98-133, S. 1; P.A. 00-37, S. 1, 5.)
History: June 18 Sp. Sess. P.A. 97-2 effective July 1, 1997; P.A. 98-133 amended Subdiv. (5) by replacing person "with mental retardation" with person who is eligible for and receives services, amended Subdiv. (5) and Subdiv. (6) by deleting reference to those who provide or hire others to provide services to the department and amended Subdiv. (11) by replacing "final decision" with determination by an authorized agency following an investigation; P.A. 00-37 made technical changes in Subdivs. (8) and (9), effective May 1, 2000.

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Sec. 17a-247b. Establishment and maintenance of registry. (a) The Department of Mental Retardation shall establish and maintain a registry of individuals who have been terminated or separated from employment as a result of substantiated abuse or neglect. The department shall, for the purposes of maintaining the registry, be capable of responding to inquiries in accordance with subsection (c) of this section as to whether an individual has been terminated or separated from employment as a result of substantiated abuse or neglect. Such capability may include response by telephone voice mail or other automated response for initial inquiries.
(b) The registry shall include, but not be limited to, the following: (1) The names, addresses and Social Security numbers of those individuals terminated or separated from employment as a result of substantiated abuse or neglect; (2) the date of termination or separation; (3) the type of abuse or neglect; and (4) the name of any employer or authorized agency requesting information from the registry, the reason for the request and the date of the request.
(c) The department shall make information in the registry available only to: (1) Authorized agencies, for the purpose of protective service determinations; or (2) employers who employ individuals to provide services to a department client.
(d) The department shall limit responses to requests for identifying information from the registry established under this section to (1) identification of the individual terminated or separated from employment for substantiated abuse or neglect, and (2) the type of abuse or neglect so substantiated.
(e) Not later than five business days following receipt of written notification by an authorized agency of the substantiation of abuse or neglect by an employee who has been terminated or separated from employment for such abuse or neglect, an employer shall submit to the department the name of such employee and such other information as the department may request. Upon receipt of notification of such termination or separation, the department shall conduct a hearing in accordance with sections 4-177 to 4- 181a, inclusive, governing contested cases. The department shall not place an individual's name on the registry until the department has completed the hearing and the hearing has resulted in a decision to place the individual's name on the registry.
(f) The department shall remove an employee's name from the registry if an arbitration or a legal proceeding results in a finding that the employee was unfairly terminated from employment.
(g) No employer shall be liable in any civil action for damages brought by an employee or an applicant for employment whose name appears on the registry established by this section arising out of the conduct of the employer in (1) making any report in good faith pursuant to subsection (e) of this section, (2) testifying under oath in any administrative or judicial proceeding arising from such report, (3) refusing to hire or to retain any individual whose name appears on the registry established under this section, or (4) taking any other action to conform to the requirements of this section. The immunity provided in this subsection shall not apply to gross negligence or to wilful or wanton misconduct.
(June 18 Sp. Sess. P.A. 97-2, S. 157, 165; P.A. 98-133, S. 2; P.A. 00-37, S. 2, 5.)
History: June 18 Sp. Sess. P.A. 97-2 effective July 1, 1997; P.A. 98-133 amended Subsec. (c) by changing employers "seeking to employ a person" to employers "who employ individuals", amended Subsec. (e) requiring employers to submit names five business days following "receipt of written notification by an authorized agency of the substantiation of abuse or neglect by an employee who has been terminated or separated from employment for such abuse or neglect" rather than following "an employee's termination or separation from employment for abuse or neglect", deleted requirement that the department make a determination of substantiated abuse or neglect before placing a name on the registry and replaced it with a requirement of a hearing in accordance with sections 4-177 to 4-181a and a decision before placing a name on the registry, added new Subsec. (f) re removal of name from registry and relettered remaining section accordingly; P.A. 00- 37 amended Subsec. (a) by adding provision re responding to inquiries in accordance with Subsec. (c), by providing that response capability may include response by telephone voice mail or other automated response, and by deleting mandatory automated response requirement, and amended Subsec. (c) by deleting provision re limited information available through an automated response to an initial inquiry, effective May 1, 2000.

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Sec. 17a-247c. Prohibition on hiring persons on registry. Notice to employers. (a) No employer shall hire an individual whose name appears on the registry and no employer shall retain an individual after receiving notice that an individual's name so appears.
(b) The department shall, on at least a semiannual basis, issue a notice to employers containing the name of each individual placed on the registry and the identifying information pertaining to such individual as provided in subsection (d) of section 17a-247b.
(June 18 Sp. Sess. P.A. 97-2, S. 158, 165; P.A. 98-133, S. 3; P.A. 00-37, S. 3, 5.)
History: June 18 Sp. Sess. P.A. 97-2 effective July 1, 1997; P.A. 98-133 amended former Subsec. (a) by prohibiting hiring after notice of a name on the registry rather than requiring inquiry before hiring and deleted former Subsec. (b) re unauthorized inquiries about the registry; P.A. 00-37 designated existing provisions as Subsec. (a) and added Subsec. (b) re notice to employers, effective May 1, 2000.

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Sec. 17a-247d. Registry confidentiality. Except as required for written orders and final decisions pursuant to section 4-180a, the registry shall be confidential and neither the registry nor any supporting documentation shall be subject to disclosure under the provisions of section 1-210.
(June 18 Sp. Sess. P.A. 97-2, S. 159, 165.)
History: June 18 Sp. Sess. P.A. 97-2 effective July 1, 1997.

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Sec. 17a-247e. Regulations. The Department of Mental Retardation shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of sections 17a-247b to 17a-247e, inclusive.
(June 18 Sp. Sess. P.A. 97-2, S. 160, 165; P.A. 98-133, S. 4; P.A. 00-37, S. 4, 5.)
History: June 18 Sp. Sess. P.A. 97-2 effective July 1, 1997; P.A. 98-133 made adoption of regulations mandatory rather than permissive; P.A. 00-37 made technical changes, effective May 1, 2000.

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Sec. 17a-248. Birth-to-three program. Definitions. As used in this section and sections 17a-248b to 17a-248g, inclusive, 38a-490a and 38a-516a, unless the context otherwise requires:
(1) "Commissioner" means the Commissioner of Mental Retardation.
(2) "Council" means the State Interagency Birth-to-Three Coordinating Council established pursuant to section 17a-248b.
(3) "Early intervention services" means early intervention services, as defined in 34 CFR Part 303.12, as from time to time amended.
(4) "Eligible children" means children from birth to thirty-six months of age, who are not eligible for special education and related services pursuant to sections 10-76a to 10-76h, inclusive, and who need early intervention services because such children are:
(A) Experiencing a significant developmental delay as measured by standardized diagnostic instruments and procedures, including informed clinical opinion, in one or more of the following areas: (i) Cognitive development; (ii) physical development, including vision or hearing; (iii) communication development; (iv) social or emotional development; or (v) adaptive skills; or
(B) Diagnosed as having a physical or mental condition that has a high probability of resulting in developmental delay.
(5) "Evaluation" means a multidisciplinary professional, objective assessment conducted by appropriately qualified personnel in order to determine a child's eligibility for early intervention services.
(6) "Individualized family service plan" means a written plan for providing early intervention services to an eligible child and the child's family.
(7) "Lead agency" means the Department of Mental Retardation, the public agency responsible for the administration of the birth-to-three system in collaboration with the participating agencies.
(8) "Parent" means the child's parent or a person in a parental relationship to the child. With respect to a child who has no parent or person in a parental relationship, "parent" means the person designated to serve in a parental relationship for the purposes of this section and sections 17a-248b to 17a-248g, inclusive, 38a-490a and 38a-516a, pursuant to regulations of the Department of Mental Retardation, adopted in accordance with chapter 54 in consultation with the Department of Children and Families, for children in foster care.
(9) "Participating agencies" includes, but is not limited to, the Departments of Education, Social Services, Public Health, Children and Families and Mental Retardation, the Insurance Department, the Board of Education and Services for the Blind, the Commission on the Deaf and Hearing Impaired and the Office of Protection and Advocacy for Persons with Disabilities.
(10) "Qualified personnel" means persons who meet the standards specified in 34 CFR Part 303.12(e), as from time to time amended, and who are licensed physicians or psychologists or persons holding a state-approved or recognized license, certificate or registration in one or more of the following fields: (A) Special education, including teaching of the blind and the deaf; (B) speech and language pathology and audiology; (C) occupational therapy; (D) physical therapy; (E) social work; (F) nursing; (G) dietary or nutritional counseling; and (H) other fields designated by the commissioner that meet requirements that apply to the area in which the person is providing early intervention services, provided there is no conflict with existing professional licensing, certification and registration requirements.
(11) "Region" means a region within the Department of Mental Retardation.
(12) "Service coordinator" means a person carrying out service coordination, as defined in 34 CFR Part 303.22, as from time to time amended.
(P.A. 96-185, S. 1, 16; P.A. 00-27, S. 1, 24.)
History: P.A. 96-185 effective July 1, 1996; P.A. 00-27 made technical changes, effective May 1, 2000.

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Sec. 17a-248a. Birth-to-three program not deemed humane institution. The birth-to-three program established pursuant to section 17a-248b shall not be considered a humane institution, as defined in section 17b-222.
(P.A. 96-238, S. 13, 25.)
History: P.A. 96-238 effective July 1, 1996.

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Sec. 17a-248b. State Interagency Birth-to-Three Coordinating Council. (a) The lead agency shall establish a State Interagency Birth-to-Three Coordinating Council and shall provide staff assistance and other resources to the council. The council shall consist of the following members, appointed by the Governor: (1) Six parents, including minority parents, of children with disabilities twelve years of age or younger, with knowledge of, or experience with, programs for children from birth to thirty-six months of age with disabilities, at least one of whom shall be a parent of a child six years of age or younger, with a disability; (2) two members of the General Assembly at the time of their appointment, one of whom shall be designated by the speaker of the House of Representatives and one of whom shall be designated by the president pro tempore of the Senate; (3) one person involved in the training of personnel who provide early intervention services; (4) one person who is a member of the American Academy of Pediatrics; (5) one person from each of the participating agencies, who shall be designated by the commissioner or executive director of the participating agency and who have authority to engage in policy planning and implementation on behalf of the participating agency; (6) five approved providers of early intervention services; and (7) a representative of a Head Start program or agency. The Governor shall designate the chairperson of the council who shall not be the designee of the lead agency.
(b) The Governor shall appoint all members of the council for terms of three years.
(c) The council shall meet at least quarterly and shall provide public notice of its meetings, which shall be open and accessible to the general public. Special meetings may be called by the chairperson and shall be called at the request of the commissioner.
(d) Council members who are parents of children with disabilities shall be reimbursed for reasonable and necessary expenses incurred in the performance of their duties under this section.
(e) The council shall: (1) Assist the lead agency in the effective performance of the lead agency's responsibilities under section 17a-248, this section and sections 17a-248c to 17a-248g, inclusive, 38a-490a and 38a-516a, including identifying the sources of fiscal support for early intervention services and programs, assignment of financial responsibility to the appropriate agency, promotion of interagency agreements and preparing applications and amendments required pursuant to federal law; (2) advise and assist the commissioner and other participating agencies in the development of standards and procedures pursuant to said sections; (3) advise and assist the commissioner and the Commissioner of Education regarding the transition of children with disabilities to services provided under sections 10-76a to 10-76h, inclusive; (4) advise and assist the commissioner in identifying barriers that impede timely and effective service delivery, including advice and assistance with regard to interagency disputes; and (5) prepare and submit an annual report in accordance with section 11-4a to the Governor and the General Assembly on the status of the birth-to-three system. At least thirty days prior to the commissioner's final approval of rules and regulations pursuant to section 17a-248, this section, sections 17a-248c to 17a-248g, inclusive, 38a-490a and 38a-516a, other than emergency rules and regulations, the commissioner shall submit proposed rules and regulations to the council for its review. The council shall review all proposed rules and regulations and report its recommendations thereon to the commissioner within thirty days. The commissioner shall not act in a manner inconsistent with the recommendations of the council without first providing the reasons for such action. The council, upon a majority vote of its members, may require that an alternative approach to the proposed rules and regulations be published with a notice of the proposed rules and regulations pursuant to chapter 54. When an alternative approach is published pursuant to this section, the commissioner shall state the reasons for not selecting such alternative approach.
(P.A. 96-185, S. 8, 16; P.A. 98-250, S. 5, 39; June Sp. Sess. P.A. 99-2, S. 28; P.A. 00-27, S. 2, 24.)
History: P.A. 96-185 effective July 1, 1996 (Revisor's note: In Subsec. (a) a reference to the "chair" of the council was replaced editorially by the Revisors with "chairperson" for conformity with Subsec. (c) and customary statutory usage); P.A. 98-250 increased number of parents from five to six and added a representative of a Head Start program or agency, effective July 1, 1998; June Sp. Sess. P.A. 99-2 amended Subsec. (b) by replacing staggered appointments with appointed for three years; P.A. 00-27 made technical changes, effective May 1, 2000.

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Sec. 17a-248c. Local interagency birth-to-three coordinating councils. (a) The commissioner shall establish at least one local interagency coordinating council in each region of the state. The council shall consist of at least four members who are parents of children aged birth to three with disabilities or of children aged three through twelve with disabilities. Each such council shall also include a representative from the medical community, at least three public or private providers of early intervention services, at least one child care provider or representative of child care providers, regional representatives of participating agencies, if appropriate, and a representative of at least one local public school district. The commissioner may waive one or more of the membership composition requirements set forth in this subsection in those regions where such requirements cannot reasonably be met.
(b) The local interagency coordinating council shall meet at least four times a year and shall advise the regional birth-to-three managers regarding: (1) The planning for delivery and assessment of the early intervention services for eligible children and their families, including the transition from early intervention services to services and programs under sections 10-76a to 10-76g, inclusive, and other early childhood programs; (2) the identification of service delivery reforms needed to promote the availability of early intervention services within natural environments; (3) the identification of programs and services available to children who are determined not to be eligible for early intervention services; (4) the coordination of public and private agencies; and (5) such other matters relating to early intervention policies and procedures within the region as are brought to its attention by parents, providers, public agencies or others.
(c) The council shall report annually to the regional birth-to-three managers and the state interagency coordinating council on the adequacy of the birth-to-three system to ensure the availability of family-centered, coordinated services and interface with other existing planning bodies that serve like populations.
(d) Council members who are parents of children with disabilities shall be reimbursed for reasonable and necessary expenses incurred in the performance of their duties.
(P.A. 96-185, S. 9, 16; P.A. 00-27, S. 3, 24.)
History: P.A. 96-185 effective July 1, 1996; P.A. 00-27 made a technical change in Subsec. (a), effective May 1, 2000.

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Sec. 17a-248d. Birth-to-three early intervention services. Data collection. Regulations. (a) The lead agency, in coordination with the participating agencies and in consultation with the council, shall establish and maintain a state-wide birth-to-three system of early intervention services pursuant to Part H of the Individuals with Disabilities Education Act, 20 USC 1471 et seq., for eligible children and families of such children.
(b) The state-wide system shall include a system for compiling data on the number of eligible children in the state in need of appropriate early intervention services, the number of such eligible children and their families served, the types of services provided and other information as deemed necessary by the lead agency.
(c) The state-wide system shall include a comprehensive child-find system and public awareness program to ensure that eligible children are identified, located, referred to the system and evaluated. The following persons and entities, within two working days of identifying a child from birth to three years of age suspected of having a developmental delay or of being at risk of having a developmental delay, shall refer the parent of such child to the early intervention system unless the person knows the child has already been referred: (1) Hospitals; (2) child health care providers; (3) local school districts; (4) public health facilities; (5) early intervention service providers; (6) participating agencies; and (7) such other social service and health care agencies and providers as the commissioner specifies in regulation.
(d) The commissioner, in coordination with the participating agencies and in consultation with the council, shall adopt regulations, pursuant to chapter 54, to carry out the provisions of section 17a-248 and sections 17a-248b to 17a-248g, inclusive, 38a-490a and 38a-516a.
(P.A. 96-185, S. 2, 16; P.A. 00-27, S. 4, 24.)
History: P.A. 96-185 effective July 1, 1996; P.A. 00-27 made technical changes in Subsecs. (a) and (d), effective May 1, 2000.

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Sec. 17a-248e. Individualized family service plans. Continuation of services by providers. (a) Each eligible child and his family shall receive (1) a multidisciplinary assessment of the child's unique needs and the identification of services appropriate to meet such needs, (2) a written individualized family service plan developed by a multidisciplinary team, including the parent, within forty-five days after the referral, and (3) review of the individualized family service plan with the family at least every six months, with evaluation of the individualized family service plan at least annually.
(b) The individualized family service plan shall be in writing and contain: (1) A statement of the child's present level of physical development, cognitive development, language and speech development and self-help skills, based on acceptable objective criteria; (2) a statement of the family's priority, resources and concerns relating to enhancing the development of the eligible child; (3) a statement of the major outcomes expected to be achieved for the child and the family and the criteria, procedures and timelines used to determine the degree to which progress toward achieving the outcomes are being made, and whether modifications or revisions of the outcomes are necessary; (4) a statement of specific early intervention services necessary to meet the unique needs of the eligible child and the family, including the frequency, intensity and the method of delivering services; (5) a statement of the natural environments in which the services shall be provided; (6) the projected dates for initiation of services and the anticipated duration of such services; (7) the name of the approved comprehensive service provider that will provide or procure the services specified in the individualized family service plan; (8) the name of the individual service coordinator from the profession most immediately relevant to the eligible child's or the family's needs who will be responsible for the implementation of the plan and coordination with the other agencies and providers or an otherwise qualified provider selected by a parent; and (9) the steps to be taken to support the transition of the child who is eligible for participation in preschool programs under Part B of the Individuals with Disabilities Act, 20 USC 1471 et seq., as appropriate.
(c) The individualized family service plan shall be developed in consultation with the child's pediatrician or primary care physician.
(d) On and after July 1, 1996, the parent of any child who received early intervention services, other than service coordination, from a provider prior to said date and remains eligible for such services may choose to have his child continue to receive the services from such provider.
(e) The lead agency may contract with providers to deliver early intervention services to eligible children and the families of such children, provided during the period from July 1, 1996, to June 30, 1997, inclusive, the agency shall, in cases where substantially equivalent proposals are submitted, give preferential consideration to contracting with regional educational service centers and local and regional boards of education that provided such services, including service coordination, prior to July 1, 1996. The lead agency in contracting for services shall monitor the expenditures for administrative services, excluding evaluation assessments, and shall justify in writing, on or before September 1, 1997, and annually thereafter, to the Secretary of the Office of Policy and Management and the committees of the General Assembly having cognizance of matters relating to appropriations and to public health, if such expenditure levels exceed twenty per cent of the contracted amount.
(P.A. 96-185, S. 3, 16.)
History: P.A. 96-185 effective July 1, 1996.
See Secs. 38a-490a and 38a-516a re mandatory insurance coverage.

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Sec. 17a-248f. Birth-to-three procedural safeguards. Procedural safeguards shall be the same as required under Part H of the Individuals with Disabilities Education Act, 20 USC 1471 et seq.
(P.A. 96-185, S. 4, 16.)
History: P.A. 96-185 effective July 1, 1996.

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Sec. 17a-248g. Birth-to-three funding. Fees for services. Insurance coverage. Regulations. (a) Subject to the provisions of this section, funds appropriated to the lead agency for purposes of section 17a-248, sections 17a-248b to 17a-248f, inclusive, this section and sections 38a-490a and 38a-516a shall not be used to satisfy a financial commitment for services that would have been paid from another public or private source but for the enactment of said sections, except for federal funds available pursuant to Part H of the Individuals with Disabilities Education Act, 20 USC 1471 et seq., except that whenever considered necessary to prevent the delay in the receipt of appropriate early intervention services by the eligible child or family in a timely fashion, funds provided under said sections may be used to pay the service provider pending reimbursement from the public or private source that has ultimate responsibility for the payment.
(b) Nothing in section 17a-248, sections 17a-248b to 17a-248f, inclusive, this section and sections 38a-490a and 38a-516a shall be construed to permit the Department of Social Services or any other state agency to reduce medical assistance pursuant to this chapter or other assistance or services available to eligible children. Notwithstanding any provision of the general statutes, costs incurred for early intervention services that otherwise qualify as medical assistance that are furnished to an eligible child who is also eligible for benefits pursuant to this chapter shall be considered medical assistance for purposes of payments to providers and state reimbursement to the extent that federal financial participation is available for such services.
(c) Providers of early intervention services shall, in the first instance and where applicable, seek payment from all third-party payers prior to claiming payment from the birth-to-three system for services rendered to eligible children, provided, for the purpose of seeking payment from the Medicaid program or from other third-party payers as agreed upon by the provider, the obligation to seek payment shall not apply to a payment from a third-party payer who is not prohibited from applying such payment, and who will apply such payment, to an annual or lifetime limit specified in the third- party payer's policy or contract.
(d) The commissioner, in consultation with the Office of Policy and Management and the Insurance Commissioner, shall adopt regulations, pursuant to chapter 54, providing public reimbursement for deductibles and copayments imposed under an insurance policy or health benefit plan to the extent that such deductibles and copayments are applicable to early intervention services.
(e) The commissioner shall establish a schedule of fees based on a sliding scale for early intervention services. The schedule of fees shall consider the cost of such services relative to the financial resources of the parents or legal guardians of eligible children. The Department of Mental Retardation may assign its right to collect fees to a designee or provider participating in the early intervention program and providing services to a recipient in order to assist the provider in obtaining payment for such services. The commissioner may implement procedures for the collection of the schedule of fees while in the process of adopting such criteria in regulation provided the commissioner prints notice of intention to adopt the regulations in the Connecticut Law Journal within twenty days of implementing the policy. Such collection procedures and schedule of fees shall be valid until the time the final regulations are effective.
(f) The commissioner shall develop and implement procedures to hold a recipient harmless for the impact of pursuit of payment for early intervention services against lifetime insurance limits.
(g) Notwithstanding any provision of title 38a relating to the permissible exclusion of payments for services under governmental programs, no such exclusion shall apply with respect to payments made pursuant to section 17a-248, sections 17a-248b to 17a- 248f, inclusive, this section and sections 38a-490a and 38a-516a. Except as provided in this subsection, nothing in this section shall increase or enhance coverages provided for within an insurance contract subject to the provisions of section 10-94f, subsection (a) of section 10-94g, subsection (a) of section 17a-219b, subsection (a) of section 17a- 219c, sections 17a-248, 17a-248b to 17a-248f, inclusive, this section, and sections 19a- 1c, 38a-490a and 38a-516a.
(P.A. 96-185, S. 5, 16; P.A. 00-27, S. 5, 24.)
History: P.A. 96-185 effective July 1, 1996; P.A. 00-27 made technical changes, effective May 1, 2000.

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Secs. 17a-249 to 17a-269. Reserved for future use.

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