Table of Contents Sec.17b-450.(Formerly Sec. 17a-430). Definitions. For purposes of sections
17b-450 to 17b-461, inclusive: Sec.17b-451.(Formerly Sec. 17a-431). Report of suspected abuse, neglect, exploitation, abandonment or need for protective services. Penalty for failure to report. Immunity for report or testimony. (a) Any physician or surgeon licensed under
the provisions of chapter 370, any resident physician or intern in any hospital in this
state, whether or not so licensed, any registered nurse, any nursing home administrator,
nurse's aide or orderly in a nursing home facility, any person paid for caring for a patient
in a nursing home facility, any staff person employed by a nursing home facility, any
patients' advocate and any licensed practical nurse, medical examiner, dentist, optometrist, chiropractor, podiatrist, social worker, clergyman, police officer, pharmacist, psychologist or physical therapist, who has reasonable cause to suspect or believe that any
elderly person has been abused, neglected, exploited or abandoned, or is in a condition
which is the result of such abuse, neglect, exploitation or abandonment, or who is in
need of protective services, shall within five calendar days report such information or
cause a report to be made in any reasonable manner to the Commissioner of Social
Services or to the person or persons designated by the commissioner to receive such
reports. Any person required to report under the provisions of this section who fails to
make such report shall be fined not more than five hundred dollars. Sec.17b-452.(Formerly Sec. 17a-432). Evaluation of report. Findings and recommendation. Registry. Confidentiality. (a) The commissioner upon receiving a report that an elderly person allegedly is being, or has been, abused, neglected, exploited
or abandoned, or is in need of protective services shall cause a prompt and thorough
evaluation to be made, to determine the situation relative to the condition of the elderly
person and what action and services, if any, are required. The evaluation shall include
a visit to the named elderly person and consultation with those individuals having knowledge of the facts of the particular case. Upon completion of the evaluation of each
case, written findings shall be prepared which shall include recommended action and a
determination of whether protective services are needed. The person filing the report
shall be notified of the findings, upon request. Sec.17b-453.(Formerly Sec. 17a-433). Referral to Department of Social Services. Injunction against interference by caretaker. (a) If it is determined that an
elderly person is in need of protective services, services shall be initiated, provided the
elderly person consents. If the elderly person fails to consent and the protective services
staff of the Department of Social Services has reason to believe that such elderly person
is incapable of managing his personal or financial affairs, the protective services staff
shall provide protective services to the extent possible and may apply to Probate Court
for the appointment of a conservator of person or estate, as appropriate. Sec.17b-454.(Formerly Sec. 17a-434). Access to records. Authority of Department of Social Services. Any person, department, agency or commission authorized to carry out the duties enumerated in sections 17b-450 to 17b-461, inclusive, shall
have access to all relevant records, except that records which are confidential to an
elderly person shall only be divulged with the written consent of the elderly person or
his representative. The authority of the Department of Social Services shall include, but
not be limited to, the right to initiate or otherwise take those actions necessary to assure
the health, safety and welfare of any elderly person, subject to any specific requirement
for individual consent, and the right to authorize the transfer of an elderly person from
a nursing home. Sec.17b-455.(Formerly Sec. 17a-435). Lack of consent or withdrawal of consent. If an elderly person does not consent to the receipt of reasonable and necessary
protective services, or if such person withdraws the consent, such services shall not be
provided or continued, except that if the Commissioner of Social Services has reason
to believe that such elderly person lacks capacity to consent, he may seek court authorization to provide necessary services, as provided in section 17b-456. Sec.17b-456.(Formerly Sec. 17a-436). Appointment of conservator for elderly person lacking capacity to consent to protective services. (a) If the Commissioner of Social Services finds that an elderly person is being abused, neglected, exploited or abandoned and lacks capacity to consent to reasonable and necessary
protective services, he may petition the Probate Court for appointment of a conservator
of the elderly person pursuant to the provisions of sections 45a-644 to 45a-662, inclusive,
in order to obtain such consent. Sec.17b-457.(Formerly Sec. 17a-437). Assistance by public or private agencies. In performing the duties set forth in sections 17b-450 to 17b-461, inclusive, the
Department of Social Services may request the assistance of the staffs and resources of
all appropriate state departments, agencies and commissions and local health directors,
and may utilize any other public or private agencies, groups or individuals who are
appropriate and who may be available. Sec.17b-458.(Formerly Sec. 17a-438). Periodic review of cases in which protective services are provided. Consent to continuation of services. Subsequent to
the authorization for the provision of reasonable and necessary protective services, the
Department of Social Services shall initiate a review of each case within ninety days,
to determine whether continuation of, or modification in, the services provided is warranted. A decision to continue the provision of such services should be made in concert
with appropriate personnel from other involved state and local groups, agencies and
departments, and shall comply with the consent provisions of sections 17b-450 to 17b-
461, inclusive. Reevaluations of each such case shall be made every ninety days thereafter. Sec.17b-459.(Formerly Sec. 17a-439). Payment for protective services. Procedures when elderly person unable to pay. Concurrent with the implementation of
any protective services, an evaluation shall be undertaken by the Department of Social
Services, pursuant to regulations which shall be adopted by the Commissioner of Social
Services, in accordance with chapter 54, regarding the elderly person's financial capability for paying for the protective services. If the person is so able, procedures for the
reimbursement for the costs of providing the needed protective services shall be initiated.
If it is determined that the person is not financially capable of paying for such needed
services, the services shall be provided in accordance with policies and procedures established by the Commissioner of Social Services for the provision of welfare benefits
under such circumstances. Sec.17b-460.(Formerly Sec. 17a-440). Referral for criminal investigation or
proceedings. If as a result of any investigation initiated under the provisions of sections
17b-450 to 17b-461, inclusive, a determination is made that a caretaker or other person
has abused, neglected, exploited or abandoned an elderly person, such information shall
be referred in writing to the appropriate office of the state's attorney, which shall conduct
such further investigation, if any, is deemed necessary and shall determine whether
criminal proceedings should be initiated against such caretaker or other person, in accordance with applicable state law. Sec.17b-461.(Formerly Sec. 17a-441). Regulations. Regulations shall be promulgated by the Commissioner of Social Services to carry out the provisions of sections
17b-450 to 17b-461, inclusive.
Sec.17b-450.(Formerly Sec. 17a-430). Definitions.
Sec.17b-451.(Formerly Sec. 17a-431). Report of suspected abuse, neglect, exploitation,
abandonment or need for protective services. Penalty for failure to report. Immunity for
report or testimony.
Sec.17b-452.(Formerly Sec. 17a-432). Evaluation of report. Findings and recommendation.
Registry. Confidentiality.
Sec.17b-453.(Formerly Sec. 17a-433). Referral to Department of Social Services. Injunction against interference by caretaker.
Sec.17b-454.(Formerly Sec. 17a-434). Access to records. Authority of Department of Social Services.
Sec.17b-455.(Formerly Sec. 17a-435). Lack of consent or withdrawal of consent.
Sec.17b-456.(Formerly Sec. 17a-436). Appointment of conservator for elderly person
lacking capacity to consent to protective services.
Sec.17b-457.(Formerly Sec. 17a-437). Assistance by public or private agencies.
Sec.17b-458.(Formerly Sec. 17a-438). Periodic review of cases in which protective services are provided. Consent to continuation of services.
Sec.17b-459.(Formerly Sec. 17a-439). Payment for protective services. Procedures when
elderly person unable to pay.
Sec.17b-460.(Formerly Sec. 17a-440). Referral for criminal investigation or proceedings.
Sec.17b-461.(Formerly Sec. 17a-441). Regulations.
Secs.17b-462 to 17b-489.
(1)The term "elderly person" means any resident of Connecticut who is sixty years
of age or older.
(2)An elderly person shall be deemed to be "in need of protective services" if such
person is unable to perform or obtain services which are necessary to maintain physical
and mental health.
(3)The term "services which are necessary to maintain physical and mental health"
includes, but is not limited to, the provision of medical care for physical and mental
health needs, the relocation of an elderly person to a facility or institution able to offer
such care, assistance in personal hygiene, food, clothing, adequately heated and ventilated shelter, protection from health and safety hazards, protection from maltreatment
the result of which includes, but is not limited to, malnutrition, deprivation of necessities
or physical punishment, and transportation necessary to secure any of the above stated
needs, except that this term shall not include taking such person into custody without
consent except as provided in sections 17b-450 to 17b-461, inclusive.
(4)The term "protective services" means services provided by the state or other
governmental or private organizations or individuals which are necessary to prevent
abuse, neglect, exploitation or abandonment. Abuse includes, but is not limited to, the
wilful infliction of physical pain, injury or mental anguish, or the wilful deprivation by
a caretaker of services which are necessary to maintain physical and mental health.
Neglect refers to an elderly person who is either living alone and not able to provide
for oneself the services which are necessary to maintain physical and mental health or
is not receiving the said necessary services from the responsible caretaker. Exploitation
refers to the act or process of taking advantage of an elderly person by another person or
caretaker whether for monetary, personal or other benefit, gain or profit. Abandonment
refers to the desertion or wilful forsaking of an elderly person by a caretaker or the
foregoing of duties or the withdrawal or neglect of duties and obligations owed an elderly
person by a caretaker or other person.
(5)The term "caretaker" means a person who has the responsibility for the care of
an elderly person as a result of family relationship or who has assumed the responsibility
for the care of the elderly voluntarily, by contract or by order of a court of competent
jurisdiction.
(P.A. 77-613, S. 1, 15; P.A. 93-262, S. 1, 87; P.A. 95-160, S. 18, 69; P.A. 96-139, S. 12, 13.)
History: Sec. 46a-14 transferred to Sec. 17a-430 in 1991; P.A. 93-262 authorized substitution of commissioner and
department of social services for commissioner and department on aging, effective July 1, 1993; Sec. 17a-430 transferred
to Sec. 17b-450 in 1995; P.A. 95-160 deleted the definition of "state ombudsman" and "regional ombudsman", effective
July 1, 1995; P.A. 96-139 changed effective date of P.A. 95-160 but without affecting this section.
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(b)Such report shall contain the name and address of the involved elderly person,
information regarding the nature and extent of the abuse, neglect, exploitation or abandonment, and any other information which the reporter believes might be helpful in an
investigation of the case and the protection of such elderly person.
(c)Any other person having reasonable cause to believe that an elderly person is
being, or has been, abused, neglected, exploited or abandoned, or who is in need of
protective services may report such information in any reasonable manner to the commissioner or his designee.
(d)Any person who makes any report pursuant to sections 17b-450 to 17b-461,
inclusive, or who testifies in any administrative or judicial proceeding arising from such
report shall be immune from any civil or criminal liability on account of such report or
testimony, except for liability for perjury, unless such person acted in bad faith or with
malicious purpose.
(e)For the purposes of sections 17b-450 to 17b-461, inclusive, the treatment of any
elderly person by a Christian Science practitioner, in lieu of treatment by a licensed
practitioner of the healing arts, shall not of itself constitute grounds for the implementation of protective services.
(P.A. 77-613, S. 2, 15; P.A. 78-30; P.A. 80-190, S. 11; P.A. 84-546, S. 160, 173; P.A. 93-262, S. 1, 87; P.A. 99-101;
99-102, S. 15.)
History: P.A. 78-30 added Subsec. (e) re treatment of elderly person by Christian Science practitioner; P.A. 80-190
removed coroners from list of those required to make report in Subsec. (a); P.A. 84-546 made technical changes, substituting
"licensed" for "registered" where appearing; Sec. 46a-15 transferred to Sec. 17a-431 in 1991; P.A. 93-262 authorized
substitution of commissioner and department of social services for commissioner and department on aging, effective July
1, 1993; Sec. 17a-431 transferred to Sec. 17b-451 in 1995; P.A. 99-101 amended Subsec. (a) to add psychologists to list
of professionals required to report suspected abuse, neglect, exploitation or abandonment of an elderly person; P.A. 99-
102 amended Subsec. (a) by deleting obsolete reference to chapter 371 and osteopaths and making a technical change.
See Sec. 17b-407 re duty of medical personnel to report suspected abuse, neglect, exploitation or abandonment of
elderly persons.
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(b)The Department of Social Services shall maintain a state-wide registry of the
reports received, the evaluation and findings and the actions taken.
(c)The client's file, the original report and the evaluation report shall not be deemed
public records nor be subject to the provisions of section 1-210. The name of the person
making the original report or any person mentioned in such report shall not be disclosed
unless the person making the original report specifically requests such disclosure or
unless a judicial proceeding results therefrom or unless disclosure of the name of the
elderly person about whom the report was made is required to fully evaluate a report.
(P.A. 77-613, S. 3, 15; P.A. 85-72; P.A. 93-262, S. 1, 87; P.A. 95-160, S. 19, 69; P.A. 96-139, S. 12, 13.)
History: P.A. 85-72 amended Subsec. (c) to allow disclosure of the name of the elderly person about whom a report
was made if required to fully evaluate a report; Sec. 46a-16 transferred to Sec. 17a-432 in 1991; P.A. 93-262 authorized
substitution of commissioner and department of social services for commissioner and department on aging, effective July
1, 1993; Sec. 17a-432 transferred to Sec. 17b-452 in 1995; P.A. 95-160 replaced references to regional ombudsman with
the Department of Social Services and made technical changes, effective July 1, 1995; P.A. 96-139 changed effective date
of P.A. 95-160 but without affecting this section.
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(b)If the caretaker of an elderly person who has consented to the receipt of reasonable and necessary protective services refuses to allow the provision of such services
to such elderly person, the Commissioner of Social Services may petition the Superior
Court or the Probate Court for an order enjoining the caretaker from interfering with
the provision of protective services to the elderly person. The petition shall allege specific facts sufficient to show that the elderly person is in need of protective services and
consents to their provision and that the caretaker refuses to allow the provision of such
services. If the judge finds that the elderly person is in need of such services and has
been prevented by the caretaker from receiving the same, the judge may issue an order
enjoining the caretaker from interfering with the provision of protective services to the
elderly person.
(P.A. 77-613, S. 4, 15; 77-614, S. 521, 587, 610; P.A. 78-303, S. 85, 136; P.A. 93-262, S. 1, 87; P.A. 95-160, S. 20,
69; P.A. 96-139, S. 12, 13.)
History: P.A. 77-614 and P.A. 78-303 replaced commissioner and department of social services with commissioner
and department of human resources, effective January 1, 1979; Sec. 46a-17 transferred to Sec. 17a-433 in 1991; P.A. 93-
262 authorized substitution of commissioner and department of social services for commissioner and department of human
resources, effective July 1, 1993; Sec. 17a-433 transferred to Sec. 17b-453 in 1995; P.A. 95-160 amended Subsec. (a) by
replacing a reference to the regional ombudsman with the protective services staff of the Department of Social Services,
by replacing a provision requiring the regional ombudsman to refer an elderly person, whom he believes lacks the capacity
to consent, to the Department of Social Services for a determination of whether a petition for the appointment of a conservator
should be filed with a provision requiring the protective services staff to provide protective services and to allow such staff
to apply to Probate Court for the appointment of a conservator for an elderly person whom they believe is incapable of
managing his personal or financial affairs and by making technical changes, effective July 1, 1995; P.A. 96-139 changed
effective date of P.A. 95-160 but without affecting this section.
Annotation to former section 46a-17:
Cited. 199 C. 524, 527.
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(P.A. 77-613, S. 5, 15; 77-614, S. 521, 587, 610; P.A. 78-303, S. 85, 136; P.A. 93-262, S. 52, 87.)
History: P.A. 77-614 and P.A. 78-303 replaced department of social services with department of human resources,
effective January 1, 1979; Sec. 46a-18 transferred to Sec. 17a-434 in 1991; P.A. 93-262 changed reference to departments
of income maintenance and human resources to department of social services, effective July 1, 1993; Sec. 17a-434 transferred to Sec. 17b-454 in 1995.
See Sec. 19a-534 re emergency transfer of patients to other facilities.
See Sec. 19a-535 re transfer or discharge of patients generally.
Annotation to former section 46a-18:
Cited. 199 C. 524, 527.
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(P.A. 77-613, S. 6, 15; 77-614, S. 521, 587, 610; P.A. 78-303, S. 85, 136; P.A. 87-132, S. 1; P.A. 93-262, S. 1, 87; P.A.
95-160, S. 21, 69; P.A. 96-139, S. 12, 13.)
History: P.A. 77-614 and P.A. 78-303 replaced commissioner and department of social services with commissioner
and department of human resources, effective January 1, 1979; P.A. 87-132 amended Subsec. (b) by changing the time
limit for the report from "ten days" to "thirty days" and by requiring initiation of planning within "ten days"; Sec. 46a-19
transferred to Sec. 17a-435 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services
for commissioner and department of human resources, effective July 1, 1993; Sec. 17a-435 transferred to Sec. 17b-455 in
1995; P.A. 95-160 deleted former Subsec. (b) requiring the department to initiate service planning upon receipt of a case
for the provision of protective services from the regional ombudsman, effective July 1, 1995; P.A. 96-139 changed effective
date of P.A. 95-160 but without affecting this section.
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(b)Such elderly person or the individual, agency or organization designated to be
responsible for the personal welfare of the elderly person shall have the right to bring
a motion in the cause for review of the Probate Court's determination regarding the
elderly person's capacity or an order issued pursuant to sections 17b-450 to 17b-461,
inclusive.
(c)The Probate Court may appoint, if it deems appropriate, the Commissioner of
Social Services to be the conservator of the person of such elderly person.
(d)In any proceeding in Probate Court pursuant to provisions of sections 17b-450
to 17b-461, inclusive, the Probate Court shall appoint an attorney to represent the elderly
person if he is without other legal representation.
(P.A. 77-613, S. 7, 15; 77-614, S. 521, 587, 610; P.A. 78-303, S. 85, 136; P.A. 93-262, S. 1, 87.)
History: P.A. 77-614 and P.A. 78-303 replaced commissioner of social services with commissioner of human resources,
effective January 1, 1979; Sec. 46a-20 transferred to Sec. 17a-436 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993;
Sec. 17a-436 transferred to Sec. 17b-456 in 1995.
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(P.A. 77-613, S. 8, 15; 77-614, S. 521, 587, 610; P.A. 78-303, S. 85, 136; P.A. 93-262, S. 1, 87; P.A. 95-160, S. 22,
69; P.A. 96-139, S. 12, 13.)
History: P.A. 77-614 and P.A. 78-303 replaced department of social services with department of human resources,
effective January 1, 1979; Sec. 46a-21 transferred to Sec. 17a-437 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993;
Sec. 17a-437 transferred to Sec. 17b-457 in 1995; P.A. 95-160 deleted a reference to the regional ombudsmen, effective
July 1, 1995; P.A. 96-139 changed effective date of P.A. 95-160 but without affecting this section.
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(P.A. 77-613, S. 9, 15; 77-614, S. 521, 587, 610; P.A. 78-303, S. 85, 136; P.A. 87-132, S. 2; P.A. 93-262, S. 1, 87; P.A.
95-160, S. 23, 69; P.A. 96-139, S. 12, 13.)
History: P.A. 77-614 and P.A. 78-303 replaced department of social services with department of human resources,
effective January 1, 1979; P.A. 87-132 changed the time for the initiation of a review from "forty-five" to "ninety" days;
Sec. 46a-22 transferred to Sec. 17a-438 in 1991; P.A. 93-262 authorized substitution of commissioner and department of
social services for commissioner and department of human resources, effective July 1, 1993; Sec. 17a-438 transferred to
Sec. 17b-458 in 1995; P.A. 95-160 deleted a provision requiring the department to advise the regional ombudsman of
decisions relating to the continuation of protective services for each elderly person, effective July 1, 1995; P.A. 96-139
changed effective date of P.A. 95-160 but without affecting this section.
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(P.A. 77-613, S. 10, 15; 77-614, S. 521, 587, 610; P.A. 78-303, S. 85, 136; P.A. 80-30, S. 1, 2; P.A. 93-262, S. 1, 87.)
History: P.A. 77-614 and P.A. 78-303 replaced commissioner and department of social services with commissioner
and department of human resources, effective January 1, 1979; P.A. 80-30 made minor wording changes and made initiation
of procedures for reimbursement of costs mandatory if person is able to pay, substituting "shall" for "should"; Sec. 46a-
23 transferred to Sec. 17a-439 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social
services for commissioner and department of human resources, effective July 1, 1993; Sec. 17a-439 transferred to Sec.
17b-459 in 1995.
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(P.A. 77-613, S. 11, 15.)
History: Sec. 46a-24 transferred to Sec. 17a-440 in 1991; Sec. 17a-440 transferred to Sec. 17b-460 in 1995.
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(P.A. 77-613, S. 12, 15; 77-614, S. 521, 587, 610; P.A. 78-303, S. 85, 136; P.A. 93-262, S. 53, 87.)
History: P.A. 77-614 and P.A. 78-303 replaced commissioner of social services with commissioner of human resources,
effective January 1, 1979; Sec. 46a-25 transferred to Sec. 17a-441 in 1991; P.A. 93-262 replaced reference to commissioners
of human resources and aging with commissioner of social services, effective July 1, 1993; Sec. 17a-441 transferred to
Sec. 17b-461 in 1995.
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