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 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 and Social
Services, or their designees, the Child Advocate, the executive director of the Office of
Protection and Advocacy for Persons with Disabilities, the chairperson of the State
Interagency Birth-to-Three Coordinating Council, as established pursuant to section
17a-248b, 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. 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. 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; P.A. 01-195, S. 127, 181.)
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; P.A. 01-195 amended Subsec. (a)
by making technical changes, effective July 11, 2001.
Sec. 17a-220. (Formerly Sec. 19a-464c). Definitions. As used in this section and
sections 17a-221 to 17a-225, inclusive:
(1) "Borrower" means an organization which has received a loan pursuant to this
section and sections 17a-221 to 17a-225, inclusive;
(2) "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;
(3) "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;
(4) "Community-based" means those programs or facilities which are not located
on the grounds of, or operated by, the department;
(5) "Community residential facility" means a community-based residential facility
which houses up to six persons with mental retardation or autism 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 persons
with mental retardation or autism 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;
(6) "Community Residential Facility Revolving Loan Fund" means the loan fund
established pursuant to section 17a-221;
(7) "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;
(8) "Department" means the Department of Mental Retardation;
(9) "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;
(10) "Licensed" or "licensure" means licensure by the department pursuant to section 17a-227;
(11) "Organization" means a private nonprofit corporation which is (A) tax-exempt
under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, (B)
qualified to do business in this state, and (C) applying for a loan under the community
residential facility revolving loan program;
(12) "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;
(13) "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;
(14) "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
(15) "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; P.A. 01-195, S. 128, 181.)
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)"); P.A. 01-195 made technical changes, effective July 11, 2001.
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.
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.
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.
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.
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 six 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; May Sp. Sess. P.A. 04-1, S. 16.)
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;
May Sp. Sess. P.A. 04-1 amended Subsec. (a) to increase the authorization from four million to six million dollars, effective
July 1, 2004.
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.
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. Such regulations shall include requirements that:
(1) All residential facility staff be certified in cardiopulmonary resuscitation in a manner
and timeframe prescribed by the commissioner; (2) records of staffing schedules and
actual staff hours worked, by residential facility, be available for inspection by the department upon advance notice; (3) each residential facility develop and implement emergency plans and staff training to address emergencies that may pose a threat to the
health and safety of the residents of the facility; (4) department inspectors verify during
licensing inspections, that (A) staff is adequately trained to respond in an emergency,
and (B) a summary of information on each resident is available to emergency medical
personnel for use in an emergency; and (5) at least half of the inspections conducted by
the department after initial licensure are unannounced.
(c) 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.
(d) 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. The department shall include in
all contracts with such organizations, provisions requiring the department to (1) conduct
periodic reviews of contract performance, and (2) take progressive enforcement actions
if the department finds poor performance or noncompliance with the contract, as follows:
(A) The organization may be placed on a strict schedule of monitoring and oversight
by the department; (B) the organization may be placed on a partial-year contract; and
(C) payments due under the contract may be reduced by specific amounts on a monthly
basis until the organization complies with the contract. If compliance cannot be
achieved, the department shall terminate the contract.
(e) 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.
(f) 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; P.A. 03-146, S. 2.)
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; P.A. 03-146 amended Subsec. (b) by adding Subdivs. (1) to (5) re
requirements to be included in regulations, redesignated existing provisions of Subsec. (b) re license as new Subsec. (c),
redesignated existing Subsecs. (c) to (e) as Subsecs. (d) to (f), and amended Subsec. (d) by making a technical change and
adding requirements for enforcing contract provisions with providers, effective July 1, 2004.
See Sec. 8-3e re zoning regulations for community residences for mentally retarded persons.
See Sec. 9-159s re notice to certain conservators and guardians re voting opportunities provided to certain residents.
Sec. 17a-227a. State criminal background checks for applicants for employment. (a) The Commissioner of Mental Retardation shall require each applicant for
employment in a Department of Mental Retardation program that provides direct services to persons with mental retardation to submit to a check of such applicant's state
criminal background.
(b) The commissioner may require private sector service providers under contract
with or licensed by the department to provide residential, day or support services to
persons with mental retardation, to require each applicant for employment who will
have direct and ongoing contact with persons and families receiving such services to
submit to a check of such applicant's state criminal background. If the department requires such providers to have such applicants submit to such checks, the administrative
costs associated with such checks shall be considered an allowable cost on the annual
cost report.
(c) If such checks are conducted, no applicant shall be hired by the department or
a private sector service provider until the results of such checks are available.
(P.A. 03-203, S. 1.)
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.