CHAPTER 813

PROTECTION AND ADVOCACY
FOR PERSONS WITH DISABILITIES

Table of Contents

Sec. 46a-7. State policy concerning disabled persons.

Secs. 46a-8 to 46a-10. Definitions. Advocacy board established. Advocacy office established; qualifications of director.

Sec. 46a-10a. Connecticut protection and advocacy system. Provision of services.

Sec. 46a-10b. Connecticut protection and advocacy system. Request for information. Service on board. Report to Governor.

Sec. 46a-10c. Office of Protection and Advocacy for Persons with Disabilities and Board of Protection and Advocacy for Persons with Disabilities abolished.

Sec. 46a-10d. Transfer of closed case files to Office of Policy and Management. Client confidentiality, notice. Record retention. Legal liability.

Sec. 46a-11. Duties and powers of director.

Sec. 46a-11a. (Formerly Sec. 19a-458). Definitions.

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.

Sec. 46a-11c. (Formerly Sec. 19a-458b). Initial determination and evaluation of report. Investigation of certain deaths. Electronic copy of reports.

Sec. 46a-11d. (Formerly Sec. 19a-458c). Protective services. Petition in Superior Court.

Sec. 46a-11e. (Formerly Sec. 19a-458d). Appointment of legal representative. Plan of protective services. Commencement of services pending full report in certain cases.

Sec. 46a-11f. (Formerly Sec. 19a-458e). Evaluation of person's ability to pay. Review of plan of protective services.

Sec. 46a-11g. (Formerly Sec. 19a-458f). Referral of information to state's attorney.

Sec. 46a-11h. Confidentiality of information.

Secs. 46a-12 and 46a-13. Communications protected by attorney-client privilege. Reporting requirements.

Sec. 46a-13a. Requirements for other agencies. Release by other agencies of records of persons with intellectual disability or who receive services from Department of Social Services' Division of Autism Spectrum Disorder Services.


Sec. 46a-7. State policy concerning disabled persons. It is hereby found that the state of Connecticut has a special responsibility for the care, treatment, education and rehabilitation of persons with disabilities. Frequently persons with disabilities are not aware of services or are unable to gain access to the appropriate facilities or services. It is hereby the declared policy of the state to provide for coordination of services for persons with disabilities among the various agencies of the state charged with the responsibility for the care, treatment, education and rehabilitation of persons with disabilities.

(P.A. 77-589, S. 1, 9; P.A. 94-87, S. 2; P.A. 17-96, S. 35.)

History: P.A. 94-87 changed reference from handicapped persons to persons with disabilities; P.A. 17-96 replaced “education, rehabilitation of and advocacy for its disabled citizens” with “education and rehabilitation of persons with disabilities” and made conforming changes, effective July 1, 2017.

Secs. 46a-8 to 46a-10. Definitions. Advocacy board established. Advocacy office established; qualifications of director. Sections 46a-8 to 46a-10, inclusive, are repealed, effective July 1, 2017.

(P.A. 77-589, S. 2, 3, 5, 9; P.A. 89-144, S. 15; P.A. 94-87, S. 1, 3, 4: May Sp. Sess. P.A. 94-5, S. 21, 30; P.A. 95-84; June Sp. Sess. P.A. 15-5, S. 492; P.A. 17-96, S. 44.)

Sec. 46a-10a. Connecticut protection and advocacy system. Provision of services. (a) As used in this section and section 46a-10b, “Connecticut protection and advocacy system” means the nonprofit entity designated by the Governor in accordance with section 46a-10b to serve as the state's protection and advocacy system and client assistance program.

(b) The Connecticut protection and advocacy system shall provide the following:

(1) Protection and advocacy services for people with disabilities, as provided under the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 USC 15001, as amended from time to time; and

(2) A client assistance program, as provided under the Workforce Investment Act of 1998, 29 USC 732, as amended from time to time.

(P.A. 16-66, S. 47.)

History: P.A. 16-66 effective May 27, 2016.

Sec. 46a-10b. Connecticut protection and advocacy system. Request for information. Service on board. Report to Governor. (a) Not later than October 1, 2016, the Office of Policy and Management shall issue a request for information from nonprofit entities concerning the ability of such entities to serve as the Connecticut protection and advocacy system to provide advocacy services, including, but not limited to, a client assistance program for people with disabilities, which system shall be in compliance with all federal laws setting forth protection and advocacy system requirements, including, but not limited to, 42 USC 15041 to 15045, inclusive, as amended from time to time, and all federal laws setting forth client assistance program requirements, including, but not limited to, 29 USC 732, as amended from time to time.

(b) Notwithstanding the provisions of sections 4-212 to 4-219, inclusive, subdivision (21) of section 4e-1, and chapter 62a, not later than July 1, 2017, the Governor shall designate a nonprofit entity to serve as the Connecticut protection and advocacy system.

(c) Notwithstanding the provisions of section 4e-16 and chapter 62a, prior to its abolishment under section 46a-10c on July 1, 2017, the Office of Protection and Advocacy for Persons with Disabilities, with the approval of the Office of Policy and Management, may contract with one or more nonstate entities to perform any functions that said office is permitted or required to perform, except those relating to investigations conducted pursuant to sections 46a-11a to 46a-11f, inclusive.

(d) Nothing in chapter 10 shall prohibit any member of the Board of Advocacy and Protection for Persons with Disabilities or any employee of the Office of Protection and Advocacy for Persons with Disabilities from serving on the board of the Connecticut protection and advocacy system or working as an employee of such system, provided no state employee is employed by such system while employed by the state.

(e) The nonprofit entity designated by the Governor in accordance with this section to serve as the Connecticut protection and advocacy system shall report to the Governor not later than July 1, 2018, and thereafter annually on or before January first, and at any other time upon request of the Governor, concerning the status of services for persons with disabilities, the operation of the nonprofit entity and administrative and legislative recommendations concerning the protection of the rights and welfare of persons with disabilities living in Connecticut.

(P.A. 16-66, S. 48; P.A. 17-96, S. 41.)

History: P.A. 16-66 effective May 27, 2016; P.A. 17-96 deleted former Subsec. (b) re submission of plan by Office of Protection and Advocacy for Persons with Disabilities, redesignated existing Subsecs. (c) to (e) as Subsecs. (b) to (d) and added new Subsec. (e) re annual report to Governor by nonprofit entity designated to serve as protection and advocacy system, effective July 1, 2017.

Sec. 46a-10c. Office of Protection and Advocacy for Persons with Disabilities and Board of Protection and Advocacy for Persons with Disabilities abolished. The Office of Protection and Advocacy for Persons with Disabilities and the Board of Protection and Advocacy for Persons with Disabilities are abolished. Any work in progress at said office not completed on or before July 1, 2017, other than investigations initiated pursuant to sections 46a-11a to 46a-11f, inclusive, shall be completed by the Connecticut protection and advocacy system, designated under section 46a-10b, in accordance with federal regulations and in the same manner and with the same effect as if completed by said office as it existed immediately prior to July 1, 2017.

(P.A. 16-66, S. 49; P.A. 17-188, S. 6.)

History: P.A. 16-66 effective July 1, 2017; P.A. 17-188 replaced “section 51 of public act 16-66” with “section 46a-10b”.

Sec. 46a-10d. Transfer of closed case files to Office of Policy and Management. Client confidentiality, notice. Record retention. Legal liability. (a) Not later than June 30, 2017, the Office of Protection and Advocacy for Persons with Disabilities shall transfer all legal title to and custody of closed case files to the Office of Policy and Management. For the purposes of this section, “closed case file” shall mean all files currently in the possession of the Office of Protection and Advocacy for Persons with Disabilities that have a retention period beyond July 1, 2017, as prescribed by the records retention schedule on file with the office of the Public Records Administrator, and are not: (1) Open client files pertaining to the office's protection and advocacy and client assistance program functions transferring to the nonprofit entity designated by the Governor, in accordance with section 46a-10b, to serve as the Connecticut protection and advocacy system; (2) investigation records transferring to the abuse and investigation division; (3) files relating to the Fatality Review Board transferring to the Department of Developmental Services; and (4) nonrecords, such as copies, as that term is defined by the office of the Public Records Administrator.

(b) Not later than June 30, 2017, the Office of Protection and Advocacy for Persons with Disabilities shall provide written notification to former clients by first class mail whose files are being transferred to the Office of Policy and Management in accordance with subsection (a) of this section. Such written notification shall inform the client that: (1) the Office of Protection and Advocacy for Persons with Disabilities is abolished as of July 1, 2017; (2) the client's files are being transferred to the Office of Policy and Management; (3) the client may contact the Office of Policy and Management if the client elects to retrieve the files; and (4) the client's files are subject to destruction in accordance with subsection (c) of this section if the client chooses not to retrieve such files. The Office of Policy and Management shall take appropriate measures to ensure client confidentiality of such files while such files are in its custody. Such measures shall include procedures ensuring that (A) documents contained in the files shall not be viewed by nonattorneys, and (B) confidential information contained therein shall not be unlawfully disclosed. The Office of Policy and Management may utilize the State Library's records center for storage of the files and enter into a memorandum of understanding with the State Library outlining the proper handling of such files to ensure client confidentiality.

(c) All files transferred to the Office of Policy and Management in accordance with this section shall be retained and destroyed in accordance with the records retention schedule applicable to the Office of Protection and Advocacy for Persons with Disabilities on file with the office of the Public Records Administrator on the effective date of this section.

(d) Compliance with this section shall constitute an absolute defense in any legal or administrative action brought as a result of having transferred or destroyed such closed case files as prescribed herein.

(P.A. 17-96, S. 43.)

History: P.A. 17-96 effective June 30, 2017.

Sec. 46a-11. Duties and powers of director. Section 46a-11 is repealed, effective July 1, 2017.

(P.A. 77-589, S. 4, 9; P.A. 78-351, S. 2, 3; P.A. 86-285, S. 1; P.A. 88-356, S. 4; 88-364, S. 56, 123; P.A. 94-87, S. 5; P.A. 03-88, S. 1; P.A. 04-257, S. 72; P.A. 05-288, S. 154; P.A. 06-56, S. 1; P.A. 07-73, S. 2(a); P.A. 09-65, S. 1; P.A. 17-96, S. 44.)

Sec. 46a-11a. (Formerly Sec. 19a-458). Definitions. For the purposes of sections 46a-11a to 46a-11g, inclusive:

(1) “Abuse” means the wilful infliction of physical pain or injury or the wilful deprivation by a caregiver of services which are necessary to the person's health or safety;

(2) “Neglect” means a situation where a person with intellectual disability either is living alone and is not able to obtain the services which are necessary to maintain such person's physical and mental health or is not receiving such necessary services from the caregiver;

(3) “Caregiver” means a person who has the responsibility for the care of a person with intellectual disability as a result of a family relationship or who has assumed the responsibility for the care of the person with intellectual disability voluntarily, by contract or by order of a court of competent jurisdiction. The legal representative of a person with intellectual disability need not be such person's caregiver;

(4) “Commissioner” means the Commissioner of Developmental Services, or such commissioner's designee;

(5) “Evaluation report” means the written documentation of an investigation of abuse or neglect conducted by the Abuse Investigation Division of the Department of Developmental Services that includes, but is not limited to, the report of an allegation of abuse or neglect, evaluations, findings and recommended actions;

(6) “Facility” means any public or private hospital, nursing home facility, residential care home, training school, regional facility, group home, community companion home, school or other program serving persons with intellectual disability;

(7) “Legal representative” means a plenary guardian or limited guardian of a person with intellectual disability appointed pursuant to sections 45a-669 to 45a-683, inclusive, or a conservator of the person or a conservator of the estate appointed pursuant to sections 45a-644 to 45a-662, inclusive;

(8) “Person with intellectual disability” means a person who: (A) Has intellectual disability, as provided in section 1-1g, (B) is at least the age of eighteen and under the age of sixty, except, for purposes of subsection (b) of section 46a-11c, is eighteen years of age or older, and (C) is substantially unable to protect himself or herself from abuse and includes all such persons living in residential facilities under the jurisdiction of the Department of Developmental Services;

(9) “Person who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services” means an individual eighteen years of age to fifty-nine years of age, inclusive, who receives funding or services from said division; and

(10) “Protective services” means services provided by the state or any other governmental or private organization or individual which are necessary to prevent abuse or neglect. Such services may include the provision of medical care for physical and mental health needs; the provision of support services in the facility, including the time limited placement of department staff in such facility; the relocation of a person with intellectual disability to a facility able to offer such care pursuant to section 17a-210, 17a-274 or 17a-277, as applicable; 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 services, except that this term shall not include taking such person into custody without consent.

(P.A. 84-514, S. 1, 11; P.A. 86-41, S. 8, 11; 86-285, S. 2; P.A. 89-144, S. 5; P.A. 95-63, S. 1; P.A. 04-12, S. 1; P.A. 07-73, S. 2(a), (b); P.A. 11-16, S. 36; P.A. 13-208, S. 60; P.A. 14-165, S. 5; P.A. 16-49, S. 18; May Sp. Sess. P.A. 16-3, S. 56; June Sp. Sess. P.A. 17-2, S. 88; P.A. 18-32, S. 30.)

History: P.A. 84-514 effective February 1, 1985; P.A. 86-41 made technical change in definition of “facility”; P.A. 86-285 inserted new Subdiv. (b) defining “neglect”, relettering remaining Subdivs. as necessary, and redefined “protective services” to include those necessary to prevent neglect and support services in a facility; P.A. 89-144 amended Subsec. (e) 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-458 transferred to Sec. 46a-11a in 1991; (Revisor's note: In 1993 a reference to repealed Sec. 17-128 was removed editorially by the Revisors); P.A. 95-63 substituted “person with mental retardation” for “mentally retarded person” and made technical changes; P.A. 04-12 redesignated Subdivs. (a) to (j) as Subdivs. (1) to (10), respectively, and redefined “person with mental retardation” in Subdiv. (8) to provide an exception and to add Subpara. designators (Revisor's note: In 2005, a reference in Subdiv. (7) 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); pursuant to P.A. 07-73 “Commissioner of Mental Retardation” and “Department of Mental Retardation” were changed editorially by the Revisors to “Commissioner of Developmental Services” and “Department of Developmental Services”, effective October 1, 2007; P.A. 11-16 amended Subdivs. (2), (3) and (6) to (9) by substituting “intellectual disability” for “mental retardation”, amended Subdiv. (6) by substituting “community companion home” for “community training home” and amended Subdiv. (8) by making a technical change, effective May 24, 2011; P.A. 13-208 amended Subdiv. (6) to redefine “facility” by adding reference to residential care home, effective July 1, 2013; P.A. 14-165 added Subdiv. (11) re definition of “individual who receives services from the Department of Developmental Services' Division of Autism Spectrum Disorder Services” and made technical changes; P.A. 16-49 deleted reference to Sec. 45a-684 in Subdiv. (7); May Sp. Sess. P.A. 16-3 replaced references to Department of Developmental Services with references to Department of Social Services in Subdiv. (11), effective July 1, 2016; June Sp. Sess. P.A. 17-2 amended Subdiv. (3) to replace “Neither a guardian nor a conservator need be a caretaker” with “The legal representative of a person with intellectual disability need not be such person's caretaker”, deleted former Subdiv. (4) re definition of “conservator”, deleted former Subdiv. (5) re definition of “director”, added new Subdiv. (4) re definition of “commissioner”, added new Subdiv. (5) re definition of “evaluation report”, deleted former Subdiv. (7) re definition of “guardian”, added new Subdiv. (7) re definition of “legal representative”, added new Subdiv. (9) re definition of “person who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services”, redesignated existing Subdiv. (9) re definition of “protective services” as new Subdiv. (10), and deleted former Subdivs. (10) and (11) re definition of “commissioner” and definition of “individual who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services”, respectively, effective October 31, 2017; P.A. 18-32 redefined “neglect” in Subdiv. (2), and replaced “caretaker” with “caregiver” in Subdivs. (1) to (3).

Cited. 240 C. 766.

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 counselor, school paraprofessional, licensed behavior analyst, mental health professional, physician assistant, licensed or certified substance abuse counselor, licensed marital and family therapist, speech and language pathologist, clergyman, police officer, pharmacist, physical therapist, licensed professional counselor or sexual assault counselor or domestic violence counselor, as defined in section 52-146k, who has reasonable cause to suspect or believe that any person with intellectual disability or any person who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services has been abused or neglected shall, as soon as practicable but not later than forty-eight hours after such person has reasonable cause to suspect or believe that a person with intellectual disability or any person who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services has been abused or neglected, report such information or cause a report to be made in any reasonable manner to the commissioner, or the commissioner's designee. An unsuccessful attempt to make an initial report to the commissioner, or the commissioner's designee, on a weekend, holiday or after normal business hours shall not be construed as a violation of this section if reasonable attempts are made by a person required to report under this subsection to reach the commissioner, or the commissioner's designee, as soon as practicable after the initial attempt. The 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. For purposes of this subsection, “reasonable manner” and “reasonable attempts” mean efforts that include, but are not limited to, efforts to reach the commissioner, or the commissioner's designee, by phone, in person or by electronic mail.

(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 or her belief that such person has intellectual disability or receives funding or services from the Department of Social Services' Division of Autism Spectrum Disorder Services, information supporting the supposition that such person is substantially unable to protect himself or herself from abuse or neglect, information regarding the nature and extent of the abuse or neglect and any other information that the person making such report believes might be helpful in an investigation of the case and the protection of such person with intellectual disability or who receives funding or services from the Department of Social Services' Division of Autism Spectrum Disorder Services.

(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 intellectual disability or a person who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services is being or has been abused or neglected may report such information, in any reasonable manner, to the commissioner.

(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 such resident's or employee's actions in reporting pursuant to sections 46a-11a to 46a-11g, inclusive.

(f) For purposes of said sections, the treatment of any person with intellectual disability or any person who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services 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 commissioner is required to investigate or monitor abuse or neglect reports that are referred to the Department of Developmental Services 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; P.A. 05-272, S. 28; P.A. 11-16, S. 37; 11-129, S. 10; P.A. 13-214, S. 10; P.A. 14-165, S. 6; May Sp. Sess. P.A. 16-3, S. 57; June Sp. Sess. P.A. 17-2, S. 89; P.A. 18-15, S. 11; 18-32, S. 31; 18-96, S. 1.)

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 72 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; P.A. 05-272 amended Subsec. (a) by replacing “speech pathologist” with “speech and language pathologist” and by making technical changes; P.A. 11-16 amended Subsecs. (a), (d) and (f) by substituting “person with intellectual disability” for “person with mental retardation” and amended Subsec. (b) by substituting “has intellectual disability” for “is mentally retarded”, effective May 24, 2011; P.A. 11-129 amended Subsec. (b) to substitute “intellectual disability” for “mental retardation”; P.A. 13-214 amended Subsec. (a) to substitute “domestic violence counselor” for “battered women's counselor”; P.A. 14-165 added references to individual who receives services from Department of Developmental Services' Division of Autism Spectrum Disorder Services and made technical and conforming changes; May Sp. Sess. P.A. 16-3 replaced references to Department of Developmental Services' Division of Autism Spectrum Disorder Services with references to Department of Social Services' Division of Autism Spectrum Disorder Services, effective July 1, 2016; June Sp. Sess. P.A. 17-2 replaced “individual” with “person”, replaced references to director with references to commissioner, amended Subsec. (g) to replace reference to director of Office of Protection and Advocacy for Persons with Disabilities or persons designated by director with reference to commissioner, replaced reference to office with reference to Department of Developmental Services, and made technical changes, effective October 31, 2017; P.A. 18-15 amended Subsec. (a) by adding “school counselor”, effective July 1, 2018; P.A. 18-32 amended Subsec. (e) by making a technical change, effective July 1, 2018; P.A. 18-96 amended Subsec. (a) by adding “licensed behavior analyst,”, replacing provision re report not later than 72 hours with provision re report not later than 48 hours, adding reference to commissioner's designee, adding provision re unsuccessful attempt to make initial report to commissioner, adding provision defining “reasonable manner” and “reasonable attempts”, and making technical changes, effective July 1, 2018.

Sec. 46a-11c. (Formerly Sec. 19a-458b). Initial determination and evaluation of report. Investigation of certain deaths. Electronic copy of reports. (a) The commissioner, upon receiving a report that a person with intellectual disability allegedly is being or has been abused or neglected, shall make an initial determination whether such person has intellectual disability, 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 intellectual disability and has been abused or neglected. For the purposes of sections 46a-11a to 46a-11g, inclusive, the determination of intellectual disability may be made by means of a review of records and shall not require the commissioner to conduct a full psychological examination of the person. Any delay in making such determination of intellectual disability 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 intellectual disability 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 Department of Developmental Services under this section, including the release of complete records of the named person for review, inspection and copying, except where the person with intellectual disability refuses to permit such records to be released. The commissioner shall have subpoena powers to compel any information related to such investigation. All records of the named person shall be kept confidential by said department. 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 commissioner, except in cases where the legal representative is the alleged perpetrator of abuse or neglect or is residing with the alleged perpetrator, shall notify the legal representative, if any, of the person with intellectual disability if a report of abuse or neglect is made which the commissioner determines warrants investigation. The commissioner shall provide the legal representative who the commissioner determines is 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 such person's request.

(b) The commissioner, upon receiving a report that a person who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services, allegedly is being or has been abused or neglected, shall make an initial determination whether such person receives funding or services from said division, shall determine if the report warrants investigation and shall cause, in cases that so warrant, a prompt, thorough evaluation, as described in subsection (b) of section 17a-247f, to be made by the Department of Developmental Services to determine whether the person has been abused or neglected.

(c) In cases where there is a death of a person with intellectual disability for whom the Department of Developmental Services 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 shall conduct an investigation to determine whether abuse or neglect occurred, except as may be otherwise required by court order. The commissioner shall establish protocols for conducting such investigations.

(d) The commissioner shall maintain an electronic copy of the reports received of alleged abuse or neglect and all evaluation reports.

(e) Neither the original report of alleged abuse or neglect 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; P.A. 07-73, S. 2(a), (b); P.A. 11-16, S. 38; P.A. 14-165, S. 7; May Sp. Sess. P.A. 16-3, S. 58; June Sp. Sess. P.A. 17-2, S. 90; P.A. 18-32, S. 32.)

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 existing Subsecs. (b) and (c) as new Subsecs. (c) and (d), respectively; pursuant to P.A. 07-73 “Commissioner of Mental Retardation” and “Department of Mental Retardation” were changed editorially by the Revisors to “Commissioner of Developmental Services” and “Department of Developmental Services”, effective October 1, 2007; P.A. 11-16 amended Subsecs. (a) and (b) by substituting “intellectual disability” for “mental retardation”, effective May 24, 2011; P.A. 14-165 added new Subsec. (b) re report of abuse or neglect of individual who receives services from Department of Developmental Services' Division of Autism Spectrum Disorder Services and redesignated existing Subsecs. (b) to (d) as Subsecs. (c) to (e); May Sp. Sess. P.A. 16-3 amended Subsec. (b) to replace reference to Department of Developmental Services' Division of Autism Spectrum Disorder Services with reference to Department of Social Services' Division of Autism Spectrum Disorder Services, effective July 1, 2016; June Sp. Sess. P.A. 17-2 replaced references to director with references to commissioner, replaced “Office of Protection and Advocacy for Persons with Disabilities” with “Department of Developmental Services”, replaced references to client with references to the named person, replaced references to individual with references to person, amended Subsec. (a) to add reference to neglect, amended Subsec. (c) to delete provision re commissioner to notify director of reasonable cause to suspect or believe death may be due to abuse or neglect, amended Subsec. (d) to replace provision re state-wide registry of reports received, evaluation and findings and actions recommended with provision re electronic copy of reports received of alleged abuse or neglect and all evaluation reports, amended Subsec. (e) to add “of alleged abuse or neglect”, and made technical and conforming changes, effective October 31, 2017; P.A. 18-32 amended Subsec. (a) by making a technical change, effective July 1, 2018.

Sec. 46a-11d. (Formerly Sec. 19a-458c). Protective services. Petition in Superior Court. (a) If it is determined by an investigation that a person with intellectual disability has been abused or neglected, the commissioner shall develop and implement a plan of protective services. The name of the person making the report of abuse or neglect shall not be disclosed without such person's consent.

(b) If the caregiver of a person with intellectual disability 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 caregiver from interfering with the provision of protective services to the person. The petition shall allege specific facts sufficient to show that the person with intellectual disability is in need of protective services and consents to their provision and that the caregiver refuses to allow the provision of such services. If the court finds that the person is in need of such services and has been prevented by the caregiver from receiving the same, the court may issue an order enjoining the caregiver from interfering with the provision of protective services to the person.

(P.A. 84-514, S. 4, 11; P.A. 86-285, S. 5; P.A. 95-63, S. 4; P.A. 07-73, S. 2(a); P.A. 11-16, S. 39; June Sp. Sess. P.A. 17-2, S. 91; P.A. 18-32, S. 33.)

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”; pursuant to P.A. 07-73 “Department of Mental Retardation” was changed editorially by the Revisors to “Department of Developmental Services”, effective October 1, 2007; P.A. 11-16 amended Subsecs. (a) and (b) by substituting “person with intellectual disability” for “person with mental retardation”, effective May 24, 2011; June Sp. Sess. P.A. 17-2 amended Subsec. (a) to add “by an investigation”, replace provision re director to refer case to Department of Developmental Services for development and implementation of plan of protective services with provision re commissioner to develop and implement plan of protective services, amended Subsec. (b) to delete “with intellectual disability”, and made technical and conforming changes, effective October 31, 2017; P.A. 18-32 amended Subsec. (a) by making a technical change, and amended Subsec. (b) by replacing references to caretaker with references to caregiver, effective July 1, 2018.

Sec. 46a-11e. (Formerly Sec. 19a-458d). Appointment of legal representative. Plan of protective services. Commencement of services pending full report in certain cases. (a) If a person with intellectual disability does not consent to the receipt of protective services, or if such person withdraws consent to the receipt of such services, such services shall not be provided or continued, except that if the commissioner has reason to believe that such person lacks capacity to consent to or refuse such services, the commissioner may petition the Probate Court for the appointment of a legal representative. If any legal representative, 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 such legal representative.

(b) The commissioner, shall, not later than fifteen calendar days after the completion and submission of the evaluation report, provide a written plan of services.

(c) If the commissioner commences an investigation and finds that the person with intellectual disability is seriously in need of immediate protective services, the commissioner shall not delay the commencement of protective services pending the completion of the evaluation report. If the commissioner's proposed action involves the removal of a person with intellectual disability from his or her home and such person is under legal representation or is competent and does not voluntarily consent to his or her removal, the commissioner shall follow the procedures mandated under 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; P.A. 11-16, S. 40; June Sp. Sess. P.A. 17-2, S. 92; P.A. 18-32, S. 34.)

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; P.A. 11-16 amended Subsecs. (a) and (c) by substituting “person with intellectual disability” for “person with mental retardation” and amended Subsec. (b) by making technical changes, effective May 24, 2011; June Sp. Sess. P.A. 17-2 amended Subsec. (a) to replace “person with intellectual disability” with “person”, amended Subsec. (b) to replace reference to date of referral of case for provision of protective services with reference to completion and submission of evaluation report, delete provisions re director commenting on proposed plan, commissioner to cooperate with director, and comments made by director to be placed on file, replaced references to director with references to commissioner, replaced references to guardian with references to legal representative, and made technical and conforming changes, effective October 31, 2017; P.A. 18-32 amended Subsec. (a) by making a technical change, effective July 1, 2018.

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 intellectual disability 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.

(b) Subsequent to the initial provision of protective services, the Department of Developmental Services shall review each case, including meeting with the person with intellectual disability at least once every six months, to determine whether continuation or modification of the services is warranted. The commissioner may terminate protective services upon the commissioner's determination that such services are no longer required, or upon request of the person with intellectual disability or such person's legal representative pursuant to section 46a-11e.

(c) In performing the duties set forth in sections 17a-247f and 46a-11c to 46a-11g, inclusive, the commissioner 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; P.A. 07-73, S. 2(a), (b); P.A. 11-16, S. 41; June Sp. Sess. P.A. 17-2, S. 93.)

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”; pursuant to P.A. 07-73 “Commissioner of Mental Retardation” and “Department of Mental Retardation” were changed editorially by the Revisors to “Commissioner of Developmental Services” and “Department of Developmental Services”, effective October 1, 2007; P.A. 11-16 amended Subsecs. (a) and (b) by substituting “person with intellectual disability” for “person with mental retardation”, and made a technical change, effective May 24, 2011; June Sp. Sess. P.A. 17-2 amended Subsec. (b) to replace provisions re department to advise director relative to continuation of protective services and commissioner may terminate protective services upon request of person with intellectual disability or his or her guardian or upon agreement by commissioner and director with provisions re commissioner may terminate protective services upon commissioner's determination that services are no longer required or upon request of person with intellectual disability or person's legal representative, and amended Subsec. (c) to add reference to Sec. 17a-247f and replace “director” with “commissioner”, effective October 31, 2017.

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 17a-247f and 46a-11a to 46a-11f, inclusive, a determination is made that a caregiver or other person has abused a person with intellectual disability or a person receiving services from the Department of Social Services' Division of Autism Spectrum Disorder Services, the commissioner 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 caregiver or other person, in accordance with applicable state law. If any initial investigation by the commissioner discloses evidence of an immediate and serious threat to the health or life of a person with intellectual disability or a person receiving services from the Department of Social Services' Division of Autism Spectrum Disorder Services, said department shall immediately refer the matter to state or local police, as appropriate, who shall immediately investigate the matter. The commissioner shall notify the Commissioner of Social Services, or his or her designee, of any referral of information to the office of the state's attorney or to state or local police concerning an abuse or neglect investigation of a person receiving services from the Department of Social Services' Division of Autism Spectrum Disorder Services.

(P.A. 84-514, S. 9, 11; P.A. 95-63, S. 7; P.A. 11-16, S. 42; June Sp. Sess. P.A. 17-2, S. 94; P.A. 18-32, S. 35.)

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”; P.A. 11-16 substituted “person with intellectual disability” for “person with mental retardation”, effective May 24, 2011; June Sp. Sess. P.A. 17-2 added reference to Sec. 17a-247f, added references to person receiving services from Department of Social Services' Division of Autism Spectrum Disorder Services, replaced references to director with references to commissioner, replaced reference to office with reference to department, added provision re commissioner to notify Commissioner of Social Services of referral of information to office of state's attorney or state or local police concerning abuse or neglect investigation, effective October 31, 2017; P.A. 18-32 replaced references to caretaker with references to caregiver, effective July 1, 2018.

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 executive director of the nonprofit entity designated by the Governor in accordance with section 46a-10b to serve as the Connecticut protection and advocacy system, as required by the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 USC 15041 et seq., as amended from time to time, and any regulations promulgated thereunder, and as required by the Protection and Advocacy for Individuals with Mental Illness Act, 42 USC 10801 et seq., as amended from time to time, and any regulations promulgated thereunder, pursuant to section 46a-153, the name and address of and other personally identifiable information concerning any person who provides information obtained by such nonprofit entity in the course of an investigation of any such report, and all confidential records obtained by such nonprofit entity 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 such nonprofit entity 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 such nonprofit entity shall not disclose the identity of any person with a disability or any means of discovering such identity.

(P.A. 00-97; June Sp. Sess. P.A. 17-2, S. 95.)

History: June Sp. Sess. P.A. 17-2 replaced references to Office of Protection and Advocacy for Persons with Disabilities with nonprofit entity designated by Governor to serve as Connecticut protection and advocacy system, and made a technical change, effective October 31, 2017.

Secs. 46a-12 and 46a-13. Communications protected by attorney-client privilege. Reporting requirements. Sections 46a-12 and 46a-13 are repealed, effective July 1, 2017.

(P.A. 77-589, S. 6, 7, 9; P.A. 82-314, S. 62, 63; P.A. 94-87, S. 6; P.A. 17-96, S. 44.)

Sec. 46a-13a. Requirements for other agencies. Release by other agencies of records of persons with intellectual disability or who receive services from Department of Social Services' Division of Autism Spectrum Disorder Services. Each state, local or private agency responsible for the protection of persons with disabilities shall cooperate with any investigation conducted by the Department of Developmental Services and shall release records of any named person with intellectual disability or who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services for review and inspection by the Department of Developmental Services. No such state, local or private agency shall release the records of a named person without the express consent of such named person or as otherwise provided by law.

(P.A. 96-186, S. 3; June Sp. Sess. P.A. 17-2, S. 96; P.A. 18-32, S. 36.)

History: June Sp. Sess. P.A. 17-2 replaced references to Office of Protection and Advocacy for Persons with Disabilities with references to Department of Developmental Services, effective October 31, 2017; P.A. 18-32 replaced reference to client with reference to named person with intellectual disability or who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services and made technical and conforming changes, effective July 1, 2018.