Sec. 46a-11b. (Formerly Sec. 19a-458a). Reports of suspected abuse or neglect
required of certain persons. Report by others. Immunity. Fine. Treatment by
Christian Science practitioner. (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 person paid for caring for persons in any
facility and any licensed practical nurse, medical examiner, dental hygienist, dentist,
occupational therapist, optometrist, chiropractor, psychologist, podiatrist, social
worker, school teacher, school principal, school guidance counselor, school paraprofessional, mental health professional, physician assistant, licensed or certified substance
abuse counselor, licensed marital and family therapist, speech pathologist, clergyman,
police officer, pharmacist, physical therapist, licensed professional counselor or sexual
assault counselor or battered women's counselor as defined in section 52-146k who has
reasonable cause to suspect or believe that any person with mental retardation has been
abused or neglected shall, as soon as practicable but not later than seventy-two hours
after such person has reasonable cause to suspect or believe that a person with mental
retardation has been abused or neglected, report such information or cause a report to
be made in any reasonable manner to the director or persons the director designates to
receive such reports. Such initial report shall be followed up by a written report not later
than five calendar days after the initial report was made. Any person required to report
under this subsection who fails to make such report shall be fined not more than five
hundred dollars.
(b) Such report shall contain the name and address of the allegedly abused or neglected person, a statement from the person making the report indicating his belief
that such person is mentally retarded, information supporting the supposition that such
person is substantially unable to protect himself from abuse or neglect, information
regarding the nature and extent of the abuse or neglect and any other information which
the person making such report believes might be helpful in an investigation of the case
and the protection of such person with mental retardation.
(c) Each facility, as defined in section 46a-11a, shall inform residents of their rights
and the staff of their responsibility to report abuse or neglect and shall establish appropriate policies and procedures to facilitate such reporting.
(d) Any other person having reasonable cause to believe that a person with mental
retardation is being or has been abused or neglected may report such information, in
any reasonable manner, to the director or to his designee.
(e) Any person who makes any report pursuant to sections 46a-11a to 46a-11g,
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. Any person who obstructs, hinders or endangers any person reporting
or investigating abuse or neglect or providing protective services or who makes a report
in bad faith or with malicious purpose and who is not subject to any other penalty shall
be fined not more than five hundred dollars. No resident or employee of a facility, as
defined in section 46a-11a, shall be subject to reprisal or discharge because of his actions
in reporting pursuant to sections 46a-11a to 46a-11g, inclusive.
(f) For purposes of said sections, the treatment of any person with mental retardation
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.
(g) When the director of the Office of Protection and Advocacy for Persons with
Disabilities or persons designated by such director are required to investigate or monitor
abuse or neglect reports that are referred to the Office of Protection and Advocacy for
Persons with Disabilities from another agency, all provisions of this section shall apply
to any investigation or monitoring of such case or report.
(P.A. 84-514, S. 2, 11; P.A. 86-285, S. 3; P.A. 93-340, S. 8, 19; P.A. 95-63, S. 2; 95-289, S. 6; P.A. 96-186, S. 2; P.A.
99-102, S. 46; P.A. 04-12, S. 2.)
History: P.A. 84-514 effective February 1, 1985; P.A. 86-285 applied provisions to cases of suspected neglect, deleted
in Subsec. (a) the requirement that the facility serve mentally retarded persons, deleted requirement in Subsec. (d) that
report be written and added in Subsec. (e) a provision that a person may be fined for obstructing, hindering or endangering
any person reporting or investigating abuse and neglect or providing protective services; Sec. 19a-458a transferred to
Sec. 46a-11b in 1991; P.A. 93-340 amended Subsec. (a) to add school principals, school guidance counselors, school
paraprofessionals, mental health professionals, physician assistants, Connecticut certified substance abuse counselors,
Connecticut certified marital and family therapists, sexual assault counselors and battered women's counselors to list of
persons required to report suspected abuse or neglect, effective July 1, 1993; P.A. 95-63 substituted "person with mental
retardation" for "mentally retarded person"; P.A. 95-289 changed marital and family therapists from "Connecticut certified"
to "licensed"; P.A. 96-186 added Subsec. (g) concerning applicability of section to Office of Protection and Advocacy for
Persons with Disabilities; P.A. 99-102 amended Subsec. (a) by deleting "Connecticut" and adding "licensed or" before
"certified", deleting obsolete reference to osteopathy and to chapter 371 and made a technical change; P.A. 04-12 amended
Subsec. (a) by adding "licensed professional counselor" to list of persons required to report suspected abuse, changing
time frame for making initial report of suspected abuse to not later than seventy-two hours after person suspects or has
reason to believe abuse has occurred and specifying that written report is required not later than five calendar days after
initial report was made.
Sec. 46a-11c. (Formerly Sec. 19a-458b). Determination of mental retardation
and probable cause for investigation. Investigation of certain deaths. Registry of
reports maintained. Reports not public records. (a) The director, upon receiving a
report that a person with mental retardation allegedly is being or has been abused or
neglected, shall make an initial determination whether such person has mental retardation, shall determine if the report warrants investigation and shall cause, in cases that
so warrant, a prompt, thorough evaluation to be made to determine whether the person
has mental retardation and has been abused or neglected. For the purposes of sections
46a-11a to 46a-11g, inclusive, the determination of mental retardation may be made
by means of a review of records and shall not require the director to conduct a full
psychological examination of the person. Any delay in making such determination of
mental retardation shall not delay the investigation of abuse or neglect or recommendation of provision of protective services. The evaluation shall include a visit to the named
person with mental retardation and consultation with those individuals having knowledge of the facts of the particular case. All state, local and private agencies shall have
a duty to cooperate with any investigation conducted by the Office of Protection and
Advocacy for Persons with Disabilities under this section, including the release of complete client records for review, inspection and copying, except where the person with
mental retardation refuses to permit his or her record to be released. The director shall
have subpoena powers to compel any information related to such investigation. All
client records shall be kept confidential by said office. Upon completion of the evaluation
of each case, written findings shall be prepared which shall include a determination of
whether abuse or neglect has occurred and recommendations as to whether protective
services are needed. The director, except in cases where the parent or guardian is the
alleged perpetrator of abuse or is residing with the alleged perpetrator, shall notify the
parents or guardian, if any, of the person with mental retardation if a report of abuse or
neglect is made which the director determines warrants investigation. The director shall
provide the parents or guardians who the director determines are entitled to such information with further information upon request. The person filing the report of abuse or
neglect shall be notified of the findings upon request.
(b) In cases where there is a death of a person with mental retardation for whom
the Department of Mental Retardation has direct or oversight responsibility for medical
care, and there is reasonable cause to suspect or believe that such death may be due to
abuse or neglect, the Commissioner of Mental Retardation shall notify the director or
the director's designee not later than twenty-four hours after the commissioner determines that there is reasonable cause to suspect or believe that such death may be due
to abuse or neglect and the director shall conduct an investigation to determine whether
abuse or neglect occurred, except as may be otherwise required by court order. The
director, in consultation with the Commissioner of Mental Retardation, shall establish
protocols for conducting such investigations.
(c) The director shall maintain a state-wide registry of the reports received, the
evaluation and findings and actions recommended.
(d) Neither the original report nor the evaluation report of the investigator which
includes findings and recommendations shall be deemed a public record for purposes
of section 1-210. The name of the person making the original report shall not be disclosed
to any person unless the person making the original report consents to such disclosure
or unless a judicial proceeding results therefrom.
(P.A. 84-514, S. 3, 11; P.A. 86-285, S. 4; P.A. 89-144, S. 6; P.A. 95-63, S. 3; P.A. 03-146, S. 3; P.A. 04-12, S. 3.)
History: P.A. 84-514 effective February 1, 1985; P.A. 86-285 applied provisions to cases involving neglect, authorized
director to refrain from notifying a parent or guardian where either is the alleged perpetrator and made technical changes;
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-458b transferred
to Sec. 46a-11c in 1991; P.A. 95-63 amended Subsec. (a) by substituting "person with mental retardation" for "mentally
retarded person"; P.A. 03-146 amended Subsec. (a) by adding provisions requiring director to investigate death of a person
in certain cases and making technical changes for the purpose of gender neutrality; P.A. 04-12 amended Subsec. (a) by
deleting provisions re investigation of death of person with mental retardation, added new Subsec. (b) re procedure to be
followed in cases where person with mental retardation for whom Department of Mental Retardation has direct or oversight
responsibility for medical care dies as a result of suspected abuse or neglect and redesignated exsisting Subsecs. (b) and
(c) as new Subsecs. (c) and (d), respectively.
Sec. 46a-11d. (Formerly Sec. 19a-458c). Protective services. Petition in Superior Court. (a) If it is determined that a person with mental retardation has been abused
or neglected, the director shall refer the case to the Department of Mental Retardation
for the development and implementation of a plan of protective services. Said referral
shall be accompanied by a copy of the evaluation report. The name of the person making
the report of abuse or neglect shall not be disclosed without his consent.
(b) If the caretaker of a person with mental retardation who has consented to the
receipt of protective services refuses to allow the provision of such services to such
person, the commissioner may petition the Superior Court for an order enjoining the
caretaker from interfering with the provision of protective services to the person with
mental retardation. The petition shall allege specific facts sufficient to show that the
person with mental retardation 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
court finds that the person with mental retardation is in need of such services and has
been prevented by the caretaker from receiving the same, the court may issue an order
enjoining the caretaker from interfering with the provision of protective services to the
person with mental retardation.
(P.A. 84-514, S. 4, 11; P.A. 86-285, S. 5; P.A. 95-63, S. 4.)
History: P.A. 84-514 effective February 1, 1985; P.A. 86-285 amended section to apply in cases of neglect rather than
where a person has been determined to be "in need of protective services" and made technical change in Subsec. (a); Sec.
19a-458c transferred to Sec. 46a-11d in 1991; P.A. 95-63 substituted "person with mental retardation" for "mentally
retarded person".
Sec. 46a-11e. (Formerly Sec. 19a-458d). Appointment of guardian. Plan of
protective services furnished to director. Commencement of services pending full
report in certain cases. (a) If a person with mental retardation does not consent to the
receipt of protective services, or if such person withdraws his consent, such services
shall not be provided or continued, except that if the commissioner has reason to believe
that such person with mental retardation lacks capacity to consent to or refuse such
services, he may petition the Probate Court for the appointment of a guardian. If any
guardian, appointed pursuant to the provisions of this section, does not consent to the
provision of such services, the commissioner may petition the Probate Court for the
removal and replacement of said guardian.
(b) The commissioner, within fifteen calendar days of the referral of any case for
the provision of protective services, shall furnish the director with a written plan of
services. The director may comment on the proposed plan and recommend modifications. The commissioner shall cooperate with the director in resolving disagreements
concerning the plan. Any comments made by the director shall be placed on file with
the commissioner and the director.
(c) If the director commences an investigation and finds that the person with mental
retardation is seriously in need of immediate protective services, he shall report the facts
of the case to the commissioner and the commissioner shall not delay the commencement
of protective services pending the full evaluation report. If the commissioner's proposed
action involves the removal from his home of a person with mental retardation under
guardianship or of a person with mental retardation who is competent and does not
voluntarily consent to his removal, the commissioner shall follow the procedures mandated in section 17a-274.
(P.A. 84-514, S. 5, 11; P.A. 86-285, S. 6; P.A. 95-63, S. 5; P.A. 04-12, S. 4.)
History: P.A. 84-514 effective February 1, 1985; P.A. 86-285 added Subsec. (c) concerning the duties of the director
and commissioner when the director finds that the mentally retarded person is in need of immediate protective services;
Sec. 19a-458d transferred to Sec. 46a-11e in 1991; P.A. 95-63 substituted "person with mental retardation" for "mentally
retarded person"; P.A. 04-12 amended Subsec. (c) by deleting references to Secs. 19a-448(k) and 46a-11a(b) and adding
reference to Sec. 17a-274 re procedures governing involuntary placement of a person with mental retardation.
Sec. 46a-11f. (Formerly Sec. 19a-458e). Evaluation of person's ability to pay.
Review of plan of protective services. (a) Concurrent with the implementation of any
protective services for which payment is required, an evaluation shall be undertaken by
the commissioner regarding the ability of the person with mental retardation to pay for
the protective services. If the person is so able, procedures for reimbursement for the
cost of providing the services shall be initiated. If it is determined that the person is not
capable of paying for such services, the services shall be provided in accordance with
policies and procedures established by the Commissioner of Mental Retardation.
(b) Subsequent to the initial provision of protective services, the Department of
Mental Retardation shall review each case, including meeting with the person with
mental retardation at least once every six months, to determine whether continuation
or modification of the services is warranted. Said department shall advise the director
relative to the continuation of protective services for each such person with mental
retardation. The commissioner may terminate protective services upon the request of
the person with mental retardation or his guardian, pursuant to section 46a-11e, or upon
agreement by the commissioner and the director that such services are no longer required.
(c) In performing the duties set forth in sections 46a-11c to 46a-11g, inclusive, the
director may request the assistance of the staffs and resources of all appropriate state
departments, agencies, commissions and local health directors, and may utilize any
other public or private agencies, groups or individuals who are appropriate and may be
available.
(P.A. 84-514, S. 6-8, 11; P.A. 95-63, S. 6.)
History: P.A. 84-514 effective February 1, 1985; Sec. 19a-458e transferred to Sec. 46a-11f in 1991; P.A. 95-63 substituted "person with mental retardation" for "mentally retarded person".
Sec. 46a-11g. (Formerly Sec. 19a-458f). Referral of information to state's attorney. If, as a result of any investigation initiated under the provisions of sections 46a-11a to 46a-11f, inclusive, a determination is made that a caretaker or other person has
abused a person with mental retardation, the director shall refer such information in
writing to the appropriate office of the state's attorney, which shall conduct such further
investigation as may be deemed necessary and shall determine whether criminal proceedings should be initiated against such caretaker or other person, in accordance with
applicable state law. If any initial investigation by the director discloses evidence of an
immediate and serious threat to the health or life of a person with mental retardation,
said office shall immediately refer the matter to state or local police, as appropriate,
who shall immediately investigate the matter.
(P.A. 84-514, S. 9, 11; P.A. 95-63, S. 7.)
History: P.A. 84-514 effective February 1, 1985; Sec. 19a-458f transferred to Sec. 46a-11g in 1991; P.A. 95-63 substituted "person with mental retardation" for "mentally retarded person".
Sec. 46a-11h. Confidentiality of information. The name and address of and other
personally identifiable information concerning a person whose death or serious injury
is reported to the Office of Protection and Advocacy for Persons with Disabilities pursuant to section 46a-153, the name and address of and other personally identifiable information concerning any person who provides information obtained by the office in the
course of an investigation of any such report, and all confidential records obtained by
the office in the course of any such investigation shall be confidential and shall not be
subject to disclosure under the Freedom of Information Act, as defined in section 1-200. Nothing in this section shall be construed to prohibit the office from disclosing
personally identifiable or confidential information with the consent of a person authorized by law to consent to the release of such information or from issuing reports to the
public or providing information to policy-making bodies that contain statistical data,
analysis or case studies, provided the office shall not disclose the identity of any person
with disabilities or any means of discovering such identity.
(P.A. 00-97.)
Sec. 46a-12. Communications protected by attorney-client privilege. All communications between an individual and any attorney employed or engaged by the advocacy office working on behalf of such individual shall be fully protected by the attorney-client privilege to the same extent and degree as though counsel had been engaged
privately. This privilege shall in no way preclude the use by the advocacy office of
material in its files for the preparation and disclosure of statistical, case study and other
sociological data, provided that in any such use there shall be no disclosure of an individual's identity or means of discovering such identity.
(P.A. 77-589, S. 6, 9.)
Sec. 46a-13. Reporting requirements. The advocacy office and advocacy board
shall report to the joint standing committee of the General Assembly having cognizance
of matters relating to human services and the Governor no later than March 1, 1978,
and thereafter annually on or before December first, and at any other time upon request
of the Governor or the General Assembly, concerning the status of services for persons
with disabilities and the operation of both the advocacy board and office and shall make
recommendations, administrative and legislative, concerning the protection of the rights
and welfare of persons with disabilities living in Connecticut.
(P.A. 77-589, S. 7, 9; P.A. 82-314, S. 62, 63; P.A. 94-87, S. 6.)
History: P.A. 82-314 changed official name of human services committee; P.A. 94-87 changed reference from "Connecticut's handicapped residents" to "persons with disabilities living in Connecticut".