Sec. 17a-281. (Formerly Sec. 19a-455). Voluntary admission to facility for persons with mental retardation. Termination of admission. Any person who is a resident of Connecticut at the time an application is made by him or on his behalf under
the provisions of this section, and who is, or appears to be, or believes himself to be a
person with mental retardation, may apply, in writing, to the Commissioner of Mental
Retardation, on a form prescribed by said commissioner, for admission to any facility
for persons with mental retardation. Such application shall be accompanied by a medical
history of the applicant, including any medical or physical condition requiring special
attention, treatment or precautions, a written psychological report provided by a psychologist either licensed under the provisions of chapter 383 or employed by the Department
of Mental Retardation, who has personally examined the applicant prior to the filing of
application for residential placement or a copy of the determination of eligibility made
in accordance with section 17a-212 and the regulations adopted thereunder. The written
psychological report shall include (1) a statement that the psychologist has personally
examined the applicant not more than ninety days prior to the filing of the application,
(2) the results of a psychometric assessment conducted not more than one year prior to
the filing of the application and (3) an evaluation of the applicant's current level of
adaptive functioning, including self-care, mental health, social, academic and vocational
needs. In the event of an emergency, admission to a residential facility may be made
and the required medical history and psychologist's report may be submitted within
thirty days after such admission. The application for such person, if such person is a
minor, may be made by a parent, guardian of the person of, or person having custody
of, such minor. If such person is an adult who has had a guardian appointed pursuant
to sections 45a-669 to 45a-684, inclusive, his guardian may apply for admission and
the commissioner may admit such person, provided said commissioner is satisfied that
there is no conflict concerning the admission between the guardian and his ward or the
ward's next of kin. If such conflict exists, the applicant may only be admitted under the
provisions of section 17a-274. The commissioner may approve any such application
for admission if the person on whose behalf application is made is suitable for admission
and if space is available and may terminate such admission at any time when he feels
such person will not profit from continued placement. The provisions of this section
shall not apply to persons who apply to the commissioner for respite care services for
a period not to exceed thirty days.
(1961, P.A. 260, S. 1; 1963, P.A. 377, S. 1; P.A. 75-5, S. 2; 75-638, S. 9, 23; P.A. 76-153, S. 8; P.A. 82-82; P.A. 83-31; 83-420, S. 3; P.A. 86-41, S. 7, 11; P.A. 87-152, S. 1, 4; P.A. 95-109.)
History: 1963 act included epileptic persons and stipulated psychological diagnostic evaluation be made only when
applicant has physical and mental capacity for evaluation; P.A. 75-5 removed two-year residency requirement for eligibility
and removed epileptic persons from purview of section; P.A. 75-638 replaced deputy commissioner of mental retardation
with commissioner of mental retardation reflecting creation of independent department of mental retardation; P.A. 76-153
specified "facility for the mentally retarded" where previous wording referred generally to schools, centers, institutions,
etc. and replaced "certified" psychologists with "licensed" psychologists; Sec. 17-175a transferred to Sec. 19-569l in 1977;
P.A. 82-82 eliminated the requirement that the commissioner of mental retardation approve an application for admission
to a residential facility for the mentally retarded if the person is suitable for admission, requiring instead that person be
free from communicable disease, allowed the commissioner to approve the application if space is available, specified
contents of psychological report, added provision re delayed submission of required documents in emergency admissions
and required commissioner to adopt regulations in accordance with chapter 54; Sec. 19-569l transferred to Sec. 19a-455
in 1983; P.A. 83-31 excluded applications for respite care services for thirty days or less from provisions re voluntary
admission to facilities for the mentally retarded; P.A. 83-420 added language re admission of adult adjudicated incompetent
by his guardian, deleting prior provision which had allowed conservator or person having custody of an adult incompetent
to make application for admission; P.A. 86-41 substituted "regional facility" for "regional center" where appearing; P.A.
87-152 substituted "person with mental retardation" for "mentally retarded" throughout section and deleted reference to
mentally ill; Sec. 19a-455 transferred to Sec. 17a-281 in 1991; P.A. 95-109 replaced the requirement for a certificate on
communicable diseases with a requirement that the medical history include any condition requiring special attention,
treatment or precautions or that the application be accompanied by a copy of the determination of eligibility under Sec.
17a-212, deleted reference to training schools, replaced "been adjudicated incompetent" with "had a guardian appointed"
and eliminated a requirement that the commissioner adopt regulations; (Revisor's note: In 2005, a reference to Sec. 45a-668 was changed editorially by the Revisors to Sec. 45a-669 to reflect the repeal of Sec. 45a-668 by P.A. 04-54).
Sec. 17a-282. (Formerly Sec. 19a-456). Involuntary placement. No person admitted to a facility for persons with mental retardation under the provisions of section
17a-281, shall be detained in such facility for more than seven days after he has given
notice in writing, or, if such person is a minor or adult incompetent, after such notice
has been given on his behalf by his parent, guardian, conservator or person having
custody, to the Commissioner of Mental Retardation, of his intention or desire to leave
such facility. If said commissioner is of the opinion that such person is in need of further
treatment or observation, he may make and file, in the probate court for the district
within which such person resides, application for the involuntary placement of such
person to such facility and the probate court shall proceed thereon in the same manner
as is provided in section 17a-274.
(1961, P.A. 260, S. 2; 1963, P.A. 377, S. 2; P.A. 75-638, S. 10, 23; P.A. 76-153, S. 9; P.A. 87-152, S. 2, 4.)
History: 1963 act deleted obsolete references to Secs. 17-160 and 17-165, substituting Sec. 17-172d; P.A. 75-638
replaced deputy commissioner of mental retardation with commissioner of mental retardation, reflecting creation of independent mental retardation department; P.A. 76-153 replaced references to state schools, diagnostic centers or institutions
with references to facilities for the mentally retarded; Sec. 17-175b transferred to Sec. 19-569m in 1977; Sec. 19-569m
transferred to Sec. 19a-456 in 1983; P.A. 87-152 substituted "persons with mental retardation" for "the mentally retarded"
and substituted "involuntary placement" for "commitment"; Sec. 19a-456 transferred to Sec. 17a-282 in 1991.
Sec. 17a-283. (Formerly Sec. 19a-457). Clinics. Section 17a-283 is repealed, effective May 4, 2004.
(1961, P.A. 489, S. 7; P.A. 76-153, S. 10; P.A. 04-54, S. 8.)
Sec. 17a-283a. Moratorium on sale, lease or transfer of state property used
for residential purposes by persons with mental retardation or psychiatric disabilities. (a) Notwithstanding any provision of the general statutes concerning the sale, lease
or transfer of real property by or on behalf of the state, during the period commencing
on July 1, 2001, and ending on the date that is three years from July 1, 2001, or on the
date on which the General Assembly approves a plan that shall be developed by the
Department of Mental Retardation for the elimination of all emergency and priority
one waiting list categories of the department and a plan that shall be developed by the
Department of Mental Health and Addiction Services to meet the needs identified in
the report of the Governor's Blue Ribbon Commission on Mental Health, whichever
date is earlier, no state-owned real property that is being used or has been used within
the previous ten years for residential purposes by persons with mental retardation or
psychiatric disabilities may be sold, leased or transferred by or on behalf of the state,
except that such property may be (1) leased if the property continues to be used for the
same purpose, or (2) transferred to the Department of Mental Retardation or to the
Department of Mental Health and Addiction Services for the purposes of this section.
(b) Subsection (a) of this section shall only apply to any state-operated community-based residential facility, boarding house, group home or halfway house meeting the
criteria set forth in subsection (a) of this section and occupied by persons with mental
retardation, persons with psychiatric disabilities, alcohol-dependent persons or drug-dependent persons.
(P.A. 01-154, S. 1, 5; June Sp. Sess. P.A. 01-4, S. 52, 58.)
History: P.A. 01-154 effective July 6, 2001; June Sp. Sess. P.A. 01-4 amended Subsec. (a) by adding exception for
transfers to the Department of Mental Retardation or the Department of Mental Health and Addiction Services for purposes
of section, effective July 1, 2001.