General Assembly Raised Bill No. 6440
January Session, 2011 LCO No. 3837
*03837_______JUD*
Referred to Committee on Judiciary
Introduced by:
(JUD)
General Assembly
Raised Bill No. 6440
January Session, 2011
LCO No. 3837
*03837_______JUD*
Referred to Committee on Judiciary
Introduced by:
(JUD)
AN ACT CONCERNING APPLICATIONS FOR GUARDIANSHIP OF AN ADULT WITH INTELLECTUAL DISABILITIES AND STATUTORY CHANGES RELATED TO INTELLECTUAL DISABILITIES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 45a-670 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) An application for guardianship may be filed by the court on its own motion or by any adult person. The application and all records of Probate Court proceedings held as a result of the filing of such application, except for the name of any guardian of the respondent, shall be sealed and shall be made available only to the respondent or the respondent's counsel or guardian, and to the Commissioner of Developmental Services or the commissioner's designee, unless the Probate Court, after hearing held with notice to the respondent or the respondent's counsel or guardian, and to the commissioner or the commissioner's designee, determines that such application and records should be disclosed for cause shown. An application filed by the court on its own motion shall contain a statement of the facts on which the court bases its motion, and such statement of facts shall be included in any notice to the respondent. Any other application filed shall allege that a respondent, by reason of the severity of the respondent's [mental retardation] intellectual disability is unable to meet essential requirements for the respondent's physical health and safety and unable to make informed decisions about matters relating to the respondent's care. Such application shall be filed in the court of probate in the district in which the respondent resides or is domiciled. Such application shall state: (1) Whether there is, in any jurisdiction, a guardian, limited guardian, or conservator for the respondent; (2) the extent of the respondent's inability to meet essential requirements for the respondent's physical health or safety, and the extent of the respondent's inability to make informed decisions about matters related to the respondent's care; (3) any other facts upon which guardianship is sought; and (4) in the case of a limited guardianship, the specific areas of protection and assistance required for the respondent.
(b) An application for guardianship may be filed by the parent or guardian of a minor child up to one hundred eighty days prior to the date such child attains the age of eighteen if the parent or guardian anticipates that such minor child will require a guardian upon attaining the age of eighteen. The court may grant such application in accordance with this section provided such order shall take effect no earlier than the date the child attains the age of eighteen.
Sec. 2. Section 1-1g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) For the purposes of [sections 4a-60, 17a-274, 17a-281, 38a-816, 45a-669 to 45a-684, inclusive, 46a-51, 53a-59a, 53a-60b, 53a-60c and 53a-61a, mental retardation] the general statutes, "intellectual disability" or "intellectual disabilities" means a significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period. For the purposes of the general statutes and the regulations of Connecticut State Agencies, and to the extent required by federal law, "intellectual disability" and "intellectual disabilities" shall have the same meaning as "mental retardation".
(b) As used in subsection (a) of this section, "general intellectual functioning" means the results obtained by assessment with one or more of the individually administered general intelligence tests developed for that purpose and standardized on a significantly adequate population and administered by a person or persons formally trained in test administration; "significantly subaverage" means an intelligence quotient more than two standard deviations below the mean for the test; "adaptive behavior" means the effectiveness or degree with which an individual meets the standards of personal independence and social responsibility expected for the individual's age and cultural group; and "developmental period" means the period of time between birth and the eighteenth birthday.
Sec. 3. Section 8-119t of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) The Commissioner of Economic and Community Development shall encourage the development of independent living opportunities for low and moderate income handicapped and developmentally disabled persons by making grants-in-aid, within available appropriations, to state-wide, private, nonprofit housing development corporations which are organized and operating for the purpose of expanding independent living opportunities for such persons. Such grants-in-aid shall be used to facilitate the development of small, noninstitutionalized living units for such persons, through programs including, but not limited to, preproject development, receipt of federal funds, site acquisition and architectural review. For the purposes of this part, "handicapped and developmentally disabled persons" means any persons who are physically or mentally handicapped, including, but not limited to, [mentally retarded,] autistic persons, persons who have an intellectual disability or persons who are physically disabled [,] or sensory impaired. [and autistic persons.]
(b) The Commissioner of Economic and Community Development shall adopt regulations, in accordance with chapter 54, to carry out the purposes of this section.
Sec. 4. Subparagraph (B) of subdivision (7) of section 12-81 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(B) On and after July 1, 1967, housing subsidized, in whole or in part, by federal, state or local government and housing for persons or families of low and moderate income shall not constitute a charitable purpose under this section. As used in this subdivision, "housing" shall not include real property used for temporary housing belonging to, or held in trust for, any corporation organized exclusively for charitable purposes and exempt from taxation for federal income tax purposes, the primary use of which property is one or more of the following: (i) An orphanage; (ii) a drug or alcohol treatment or rehabilitation facility; (iii) housing for homeless, [retarded or] mentally or physically handicapped individuals or persons with intellectual disabilities, or for battered or abused women and children; (iv) housing for ex-offenders or for individuals participating in a program sponsored by the state Department of Correction or Judicial Branch; and (v) short-term housing operated by a charitable organization where the average length of stay is less than six months. The operation of such housing, including the receipt of any rental payments, by such charitable organization shall be deemed to be an exclusively charitable purpose;
Sec. 5. Subdivision (4) of subsection (a) of section 14-96p of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(4) Flashing or revolving white lights may not be displayed upon a motor vehicle except (A) on fire emergency apparatus, (B) on motor vehicles of paid fire chiefs and their deputies and assistants, up to a total of five individuals per department, and may be displayed in combination with flashing or revolving red lights, (C) on motor vehicles of volunteer fire chiefs and their deputies and assistants, up to a total of five individuals per department, and may be displayed in combination with flashing or revolving red lights, (D) as a means of indicating a right or left turn, (E) in conjunction with flashing red lights on an ambulance responding to an emergency call, or (F) on the top rear of any school bus. For the purpose of this subsection, the term "handicapped students" means [mentally retarded,] students who have intellectual disabilities or students who are hard of hearing, deaf, speech-impaired, visually handicapped, emotionally disturbed, orthopedically impaired or [other health-impaired students] have other health impairments, or students with specific learning disabilities, who by reason thereof, require special education and related services; and the term "flashing white lights" shall not include the simultaneous flashing of head lamps.
Sec. 6. Section 17a-210 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) There shall be a Department of Developmental Services. The Department of Developmental Services, with the advice of a Council on Developmental Services, shall be responsible for the planning, development and administration of complete, comprehensive and integrated state-wide services for persons with [mental retardation] intellectual disabilities and persons medically diagnosed as having Prader-Willi syndrome. The Department of Developmental Services shall be under the supervision of a Commissioner of Developmental Services, who shall be appointed by the Governor in accordance with the provisions of sections 4-5 to 4-8, inclusive. The Council on Developmental Services may advise the Governor on the appointment. The commissioner shall be a person who has background, training, education or experience in administering programs for the care, training, education, treatment and custody of persons with [mental retardation] intellectual disabilities. The commissioner shall be responsible, with the advice of the council, for: (1) Planning and developing complete, comprehensive and integrated state-wide services for persons with [mental retardation] intellectual disabilities; (2) the implementation and where appropriate the funding of such services; and (3) the coordination of the efforts of the Department of Developmental Services with those of other state departments and agencies, municipal governments and private agencies concerned with and providing services for persons with [mental retardation] intellectual disabilities. The commissioner shall be responsible for the administration and operation of the state training school, state developmental services regions and all state-operated community-based residential facilities established for the diagnosis, care and training of persons with [mental retardation] intellectual disabilities. The commissioner shall be responsible for establishing standards, providing technical assistance and exercising the requisite supervision of all state-supported residential, day and program support services for persons with [mental retardation] intellectual disabilities and work activity programs operated pursuant to section 17a-226, as amended by this act. The commissioner shall stimulate research by public and private agencies, institutions of higher education and hospitals, in the interest of the elimination and amelioration of [mental retardation] intellectual disabilities and care and training of persons with [mental retardation] intellectual disabilities. The commissioner shall conduct or monitor investigations into allegations of abuse and neglect and file reports as requested by state agencies having statutory responsibility for the conduct and oversight of such investigations. In the event of the death of a person with [mental retardation] intellectual disabilities for whom the department has direct or oversight responsibility for medical care, the commissioner shall ensure that a comprehensive and timely review of the events, overall care, quality of life issues and medical care preceding such death is conducted by the department and shall, as requested, provide information and assistance to the Independent Mortality Review Board established by Executive Order No. 25 of Governor John G. Rowland. The commissioner shall report to the board and the board shall review any death: (A) Involving an allegation of abuse or neglect; (B) for which the Office of the Chief Medical Examiner or local medical examiner has accepted jurisdiction; (C) in which an autopsy was performed; (D) which was sudden and unexpected; or (E) in which the commissioner's review raises questions about the appropriateness of care. The department's mortality review process and the Independent Mortality Review Board shall operate in accordance with the peer review provisions established under section 19a-17b for medical review teams and confidentiality of records provisions established under section 19a-25 for the Department of Public Health.
(b) The commissioner shall be responsible for the development of criteria as to the eligibility of any person with [mental retardation] intellectual disabilities for residential care in any public or state-supported private institution and, after considering the recommendation of a properly designated diagnostic agency, may assign such person to a public or state-supported private institution. The commissioner may transfer such persons from one such institution to another when necessary and desirable for their welfare, provided such person and such person's parent, conservator, guardian or other legal representative receive written notice of their right to object to such transfer at least ten days prior to the proposed transfer of such person from any such institution or facility. Such prior notice shall not be required when transfers are made between residential units within the training school or a state developmental services region or when necessary to avoid a serious and immediate threat to the life or physical or mental health of such person or others residing in such institution or facility. The notice required by this subsection shall notify the recipient of his or her right to object to such transfer, except in the case of an emergency transfer as provided in this subsection, and shall include the name, address and telephone number of the Office of Protection and Advocacy for Persons with Disabilities. In the event of an emergency transfer, the notice required by this subsection shall notify the recipient of his or her right to request a hearing in accordance with subsection (c) of this section and shall be given within ten days following the emergency transfer. In the event of an objection to the proposed transfer, the commissioner shall conduct a hearing in accordance with subsection (c) of this section and the transfer shall be stayed pending final disposition of the hearing, provided no such hearing shall be required if the commissioner withdraws such proposed transfer.
(c) Any person with [mental retardation] an intellectual disability who is eighteen years of age or older and who resides at any institution or facility operated by the Department of Developmental Services, or the parent, guardian, conservator or other legal representative of any person with [mental retardation] an intellectual disability who resides at any such institution or facility, may object to any transfer of such person from one institution or facility to another for any reason other than a medical reason or an emergency, or may request such a transfer. In the event of any such objection or request, the commissioner shall conduct a hearing on such proposed transfer, provided no such hearing shall be required if the commissioner withdraws such proposed transfer. In any such transfer hearing, the proponent of a transfer shall have the burden of showing, by clear and convincing evidence, that the proposed transfer is in the best interest of the resident being considered for transfer and that the facility and programs to which transfer is proposed (1) are safe and effectively supervised and monitored, and (2) provide a greater opportunity for personal development than the resident's present setting. Such hearing shall be conducted in accordance with the provisions of chapter 54.
(d) Any person with an intellectual disability, or the parent, guardian, conservator or other legal representative of such person, may request a hearing for any final determination by the department that denies such person eligibility for programs and services of the department. A request for a hearing shall be made in writing to the commissioner. Such hearing shall be conducted in accordance with the provisions of chapter 54.
(e) Any person with [mental retardation] an intellectual disability, or the parent, guardian, conservator or other legal representative of such person, may request a hearing to contest the priority assignment made by the department for persons seeking residential placement, residential services or residential support. A request for hearing shall be made, in writing, to the commissioner. Such hearing shall be conducted in accordance with the provisions of chapter 54.
(f) Any person with [mental retardation] an intellectual disability or the parent, guardian, conservator or other legal representative of such person, may object to (1) a proposed approval by the department of a program for such person that includes the use of behavior-modifying medications or aversive procedures, or (2) a proposed determination of the department that community placement is inappropriate for such person placed under the direction of the commissioner. The department shall provide written notice of any such proposed approval or determination to the person, or to the parent, guardian, conservator or other legal representative of such person, at least ten days prior to making such approval or determination. In the event of an objection to such proposed approval or determination, the commissioner shall conduct a hearing in accordance with the provisions of chapter 54, provided no such hearing shall be required if the commissioner withdraws such proposed approval or determination.
Sec. 7. Section 17a-210b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
The absence of a diagnosis of, or reference to, mental retardation, intellectual disability or developmental disability within an individual's school records or medical records shall not preclude the Department of Developmental Services from making a finding of [mental retardation] intellectual disability, as defined in section 1-1g, as amended by this act.
Sec. 8. Subsections (f) to (i), inclusive, of section 17a-215c of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(f) The Division of Autism Spectrum Services shall research and locate possible funding streams for the continued development and implementation of services for persons with autism spectrum disorders without mental retardation. The division shall take all necessary action, in coordination with the Department of Social Services, to secure Medicaid reimbursement for home and community-based individualized support services for adults with autism spectrum disorders, but who [are not mentally retarded] do not have an intellectual disability. Such action may include applying for a Medicaid waiver pursuant to Section 1915(c) of the Social Security Act, in order to secure the funding for such services.
(g) The Division of Autism Spectrum Services, within available appropriations, shall: (1) Design and implement a training initiative that shall include training to develop a workforce; (2) develop an autism-specific curriculum in coordination with the Department of Higher Education; and (3) to the extent federal reimbursement permits, develop an education and training initiative eligible for the receipt of funding pursuant to the federal Combating Autism Act, P.L. 109-416.
(h) The case records of the Division of Autism Spectrum Services maintained by the division for any purpose authorized pursuant to subsections (b) to (g), inclusive, of this section shall be subject to the same confidentiality requirements, under state and federal law, that govern all client records maintained by the Department of Developmental Services.
(i) The Commissioner of Social Services, in consultation with the Commissioner of Developmental Services, may seek approval of an amendment to the state Medicaid plan or a waiver from federal law, whichever is sufficient and most expeditious, to establish and implement a Medicaid-financed home and community-based program to provide community-based services and, if necessary, housing assistance, to adults with autism spectrum disorders who [are not mentally retarded] do not have an intellectual disability.
Sec. 9. Section 17a-217 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) The Department of Developmental Services shall develop day care programs, day camp programs and recreational programs for children and adults with [mental retardation] intellectual disabilities. Any nonprofit organization which establishes or maintains day care programs, day camp programs or recreational programs for children or adults with [mental retardation] intellectual disabilities may apply to the Department of Developmental Services for funds to be used to assist in establishing, maintaining or expanding such programs. For the purposes of this section: (1) A day care program (A) may provide for the care and training of preschool age children to enable them to achieve their maximum social, physical and emotional potential; (B) may provide adolescents and adults with [mental retardation] intellectual disabilities with an activity program which includes training in one or more of the following areas: (i) Self-care, (ii) activities of daily living, (iii) personal and social adjustment, (iv) work habits, and (v) skills, speech and language development; (2) a day camp program may provide children or adults with [mental retardation] intellectual disabilities with a supervised program of [out-of-doors] outdoor activities which may be conducted during all or part of the months of June, July, August and September; and (3) a recreational program may provide planned and supervised recreational activities for children or adults with [mental retardation] intellectual disabilities, which activities may be of a social, athletic or purely diversionary nature and which programs shall be considered separate and apart from the day camp program described in subdivision (2) of this subsection.
(b) No grant made under this section to assist in establishing, maintaining or expanding any program set forth in subsection (a) of this section shall exceed the ordinary and recurring annual operating expenses of such program, nor shall any grant be made to pay for all or any part of capital expenditures. The Department of Developmental Services shall: (1) Define minimum requirements to be met by each program in order to be eligible to receive funds as provided for by this section in regard to qualification and number of staff members and program operation, including, but not limited to, physical plant and record keeping; (2) establish procedures to be used in making application for such funds; and (3) adopt regulations, in accordance with chapter 54, governing the granting of funds to assist in the establishment of day care programs, day camp programs and recreational programs for persons with [mental retardation] intellectual disabilities. Upon receipt of proper application, the Department of Developmental Services, within available appropriations, may grant such funds, provided the plans for financing and the standards of operation of such programs shall be approved by the department in accordance with the provisions of this section. For the purpose of developing such programs, the department may accept grants from the federal government, a municipality or any other source.
Sec. 10. Section 17a-218 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) For purposes of this section, the following terms have the following meanings: "Commissioner" means the Commissioner of Developmental Services; "department" means the Department of Developmental Services; and "emergency placement" means cases in which there has been a request for a residential accommodation for an individual for whom there is an unforeseen emergency in his current living arrangement, or cases in which the department has had no previous knowledge of a need for placement, or cases in which such a placement is needed because of actions of another state agency or department, including, but not limited to, the Department of Mental Health and Addiction Services, the Department of Children and Families, and any court, or cases prior to any other planned placements, because the health or safety of the individual needing such placement would be adversely affected without such placement.
(b) The commissioner shall plan, develop and administer a comprehensive program of community-based residential facilities including, but not limited to, transitional facilities, group homes, community [training homes] companion homes, community living arrangements and supervised apartments. On and after January 1, 1997, every contract by the commissioner for the construction, renovation or rehabilitation of a community-based residential facility shall be awarded to the lowest responsible and qualified bidder on the basis of competitive bids in accordance with procedures which the commissioner shall establish in regulations adopted by the commissioner in accordance with the provisions of chapter 54.
(c) The commissioner may provide, within available appropriations, subsidies to persons with [mental retardation] intellectual disabilities who are placed in supervised apartments, condominiums or homes which do not receive housing payments under section 17b-244, in order to assist such persons to meet housing costs.
(d) The commissioner may provide, within available appropriations, respite care services which may be administered directly by the department, or through contracts for services with providers of such services, or by means of direct subsidy to parents of [mentally retarded] persons with intellectual disabilities to enable [them] the parents to purchase such services.
(e) The commissioner may, within available appropriations and in accordance with individualized plans of care, provide a full range of services to support persons with [mental retardation] intellectual disabilities living with their families, caretakers, independently or in community-based residential facilities licensed pursuant to section 17a-227, as amended by this act. Such services may include, but are not limited to, education and training programs, social services, counseling services, medical services, physical or occupational therapy, parent training, recreation and transportation. Such services may be provided by the department or be purchased from persons or private agencies through contracts pursuant to subsection (d) of section 4-70b or purchased directly by the service recipient or his family. The department may provide a direct subsidy to persons with [mental retardation] intellectual disabilities or their families to be used for such purchases of such support services. The recipient of such subsidy shall provide a documented accounting of such subsidy to the department.
(f) Notwithstanding the provisions of part III of chapter 59, the commissioner may, within available appropriations, enter into a rental or lease agreement for an apartment, home, or similar private residence if it has been determined by the commissioner that an individual is in need of an emergency placement. Such agreements shall not exceed the fair market price for the area in which the leased premises are located and shall not be for more than twelve months. Upon entering such agreements, the commissioner shall notify the State Properties Review Board and shall begin the leasing procedures outlined in [said] part III of chapter 59.
(g) Any person who is in or is seeking a placement through the Department of Developmental Services or is receiving any support or service that is included within or covered by any federal program being administered and operated by the Department of Social Services and the Department of Developmental Services, and who meets the eligibility criteria for the federal program, shall enroll in such program in order to continue in the existing placement or to remain eligible for a placement or continue to receive such support or service. Any person who is ineligible for such federal program due to excess income or assets may continue in existing placement, or continue to receive existing supports and services through the Department of Developmental Services while spending down available excess income and assets until such person qualifies for enrollment in the applicable federal program. The Commissioner of Developmental Services may make exceptions to the requirements of this provision and provide or continue to provide, within available appropriations, placement, support or services to individuals who are not eligible for enrollment in such federal programs and for whom it is determined there is a legal requirement to serve pursuant to state or federal law or court order.
Sec. 11. Section 17a-218a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) The Commissioner of Developmental Services shall continue the operation of the Southbury Training School and shall establish criteria to evaluate the current population of the training school in regard to community placement and training school placement. The criteria shall include, at a minimum, consideration of the client's age, physical disabilities, medical fragility, level of [mental retardation] intellectual disability, length of residence at the school and availability of an appropriate placement.
(b) The commissioner shall no longer accept new admissions at the Southbury Training School.
(c) For the fiscal years ending June 30, 1998, and June 30, 1999, the commissioner shall not certify additional beds as immediate care facilities for the mentally retarded (ICFMR) at the Southbury Training School beyond a total of six hundred sixteen.
Sec. 12. Subdivision (5) of section 17a-220 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(5) "Community residential facility" means a community-based residential facility which houses up to six persons with [mental retardation] intellectual disability or autism spectrum disorder 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] intellectual disability or autism spectrum disorder shall be eligible for loans for rehabilitation under this section and sections 17a-221 to 17a-225, inclusive, as amended by this act. Such facility shall be licensed and may be certified;
Sec. 13. Section 17a-224 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
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 with disabilities.
Sec. 14. Section 17a-226 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
The Commissioner of Developmental Services shall develop, [to the extent funding is available] within available appropriations, a program of employment opportunities and day services for adults with [mental retardation] intellectual disability. Any nonprofit organization which provides such services may apply to the Department of Developmental Services 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 Developmental Services 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 Developmental Services [, if funding is available,] shall, within available appropriations, provide such funds, provided the organization meets the requirements established by the commissioner in accordance with the provisions of this section. The Department of Developmental Services 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 Developmental Services for adults: Supported employment, sheltered employment, community experience, adult day treatment and opportunities for older adults.]
Sec. 15. Subsection (a) of section 17a-227 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(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] intellectual disabilities or autistic persons unless such person, firm or corporation, upon written application, verified by oath, has obtained a license issued by the Department of Developmental Services.
Sec. 16. Subsection (e) of section 17a-227 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(e) The department may contract with any person, firm or corporation to provide residential support services for persons with [mental retardation] intellectual disabilities 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.
Sec. 17. Subsections (a) and (b) of section 17a-227a of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) The Commissioner of Developmental Services shall require each applicant for employment in a Department of Developmental Services program that provides direct services to persons with [mental retardation] intellectual disabilities 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] intellectual disabilities, 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.
Sec. 18. Section 17a-228 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) If a person with [mental retardation] intellectual disabilities residing in a residential facility for [the mentally retarded] persons with intellectual disabilities licensed pursuant to section 17a-227, as amended by this act, 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 Developmental Services 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 Developmental Services.
(b) Notwithstanding the provisions of subsection (a) of this section, persons residing in residential facilities for [the mentally retarded] persons with intellectual disabilities licensed pursuant to section 17a-227, as amended by this act, 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 Developmental Services. In addition, any person who is admitted to a residential facility for [the mentally retarded] persons with intellectual disabilities 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 Developmental Services 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 Developmental Services 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, as amended by this act, 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 Developmental Services 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] persons with intellectual disabilities licensed pursuant to section 17a-227, as amended by this act, shall be reviewed annually by the Department of Developmental Services. Upon completion of the annual review, the Department of Developmental Services 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 Developmental Services 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 Developmental Services shall continue to pay the rate established pursuant to section 17b-244 for such time as may be administratively necessary for the Department of Developmental Services to arrange for an appropriate transfer.
(e) Whenever the Department of Developmental Services refuses to renew the authorization of a person for continued state-assisted care in a licensed residential facility for [the mentally retarded] persons with intellectual disabilities 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 Developmental Services 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 Developmental Services [within] not later than fifteen days after the date 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 Developmental Services 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 Developmental Services to the Department of Social Services, sufficient funds to cover the cost of all services previously paid by the Department of Developmental Services 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.
Sec. 19. Section 17a-231 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
As used in this section and sections 17a-232 to 17a-237, inclusive, as amended by this act, unless the context otherwise requires:
(1) ["Residential facility for mentally retarded persons"] "Residential facility for persons with intellectual disabilities" means a residential facility for persons with [mental retardation] intellectual disabilities that is licensed, or required to be licensed, pursuant to section 17a-227, as amended by this act, including staffing and other program resources associated with such facility;
(2) "Emergency" means a situation, physical condition or one or more practices, methods or operations which present imminent danger of death or serious physical or mental harm to residents of a residential facility for [mentally retarded] persons with intellectual disabilities;
(3) "Transfer trauma" means the medical and psychological reactions to physical transfer that increase the risk of death, or grave illness, or both, in persons with [mental retardation] with intellectual disabilities;
(4) "Substantial violation" means a violation of regulations adopted pursuant to section 17a-227, as amended by this act, which presents a reasonable likelihood of serious physical or mental harm to residents of a residential facility for [mentally retarded] persons with intellectual disabilities; and
(5) "Habitual violation" means a violation of regulations adopted pursuant to section 17a-227, as amended by this act, which, due to its repetition, presents a reasonable likelihood of serious physical or mental harm to residents of a residential facility for [mentally retarded] persons with intellectual disabilities.
Sec. 20. Subsection (a) of section 17a-232 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) An application to appoint a receiver for a residential facility for [mentally retarded] persons with intellectual disabilities may be filed in the Superior Court by the Commissioner of Developmental Services or the director of the Office of Protection and Advocacy for Persons with Disabilities. A resident of the facility or the resident's legally liable relative, conservator, or guardian may file a written complaint with the Commissioner of Developmental Services specifying conditions at the facility which warrant an application to appoint a receiver. If the Commissioner of Developmental Services fails to resolve the complaint within forty-five days of its receipt or, in the case of a facility which intends to close, within seven days of its receipt, the person who filed the complaint may file an application in the Superior Court for the appointment of a receiver for the facility. The court shall immediately notify the Attorney General of the application. The court shall hold a hearing not later than ten days after the date the application is filed. Notice of the hearing shall be given to the owner of the facility or the owner's agent for service of process not less than five days prior to the hearing. The notice shall be posted by the court in a conspicuous place inside the facility for not less than three days prior to the hearing.
Sec. 21. Section 17a-233 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) The court may grant an application for the appointment of a receiver for a residential facility for [mentally retarded] persons with intellectual disabilities upon a finding of any of the following: (1) The facility is operating without a license issued pursuant to section 17a-227, as amended by this act; (2) the facility intends to close and adequate arrangements for relocation of its residents have not been made [at least] not less than thirty days prior to the date of the intended closing; (3) there exists in the facility a condition in substantial violation of regulations established pursuant to section 17a-227, as amended by this act; (4) there exists in the facility a practice of habitual violation of regulations established pursuant to section 17a-227, as amended by this act.
(b) It shall be a sufficient defense to a receivership application if any owner of a residential facility for [mentally retarded] persons with intellectual disabilities establishes that: (1) He did not have knowledge or could not reasonably have known that any conditions in violation of section 17a-227, as amended by this act, existed, or (2) he did not have a reasonable time in which to correct such violations, or (3) the violations listed in the application do not, in fact, exist, or (4) in the event the grounds upon which the petition is based are those set forth in subdivision (2) of subsection (a) of this section, the facility does not intend to close.
Sec. 22. Subsection (b) of section 17a-247 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(b) The Department of Developmental Services shall not take or threaten to take any action against any employee of the department in retaliation for such employee's conduct as a guardian or limited guardian of a [mentally retarded] person with an intellectual disability.
Sec. 23. Section 17a-270 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) There is established a Council on Developmental Services which shall consist of thirteen members appointed as follows: Eight shall be appointed by the Governor, one of whom shall be a doctor of medicine, one of whom shall be a person with [mental retardation] an intellectual disability who is receiving services from the Department of Developmental Services and at least two of whom shall be parents or guardians of persons with [mental retardation] intellectual disabilities, to serve for terms of two years each; four shall be appointed by members of the General Assembly for two-year terms, one of whom shall be a parent or guardian of a person with [mental retardation] an intellectual disability, appointed by the speaker of the House, one appointed by the minority leader of the House, one appointed by the president pro tempore of the Senate and one of whom shall be a parent or guardian of a person with [mental retardation] an intellectual disability, appointed by the minority leader of the Senate; and one of whom shall be a member of the board of trustees of the Southbury Training School, appointed by said board for a term of one year. No member of the council may serve more than three consecutive terms, except that a member may continue to serve until a successor is appointed. The members of the council shall serve without compensation except for necessary expenses incurred in performing their duties. The Commissioner of Developmental Services or the commissioner's designee shall be an ex-officio member of the Council on Developmental Services without vote and shall attend its meetings. No employee of any state agency engaged in the care or training of persons with [mental retardation] intellectual disabilities shall be eligible for appointment to the council. The council shall appoint annually, from among its members, a chairperson, vice chairperson and secretary. The council may make rules for the conduct of its affairs. The council shall meet at least bimonthly and at other times upon the call of the chair or the written request of any two members.
(b) The council shall consider and advise on such matters as its members, the board of trustees of the training school and the Commissioner of Developmental Services may request. The council shall consult with the Commissioner of Developmental Services on the administration of the state program for persons with [mental retardation] intellectual disabilities. The council shall recommend to the Governor and to the General Assembly such legislation as will in its judgment improve the care and training of persons with [mental retardation] intellectual disabilities.
Sec. 24. Subsection (a) of section 17a-272 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) The director of each training school or state developmental services region shall be appointed by the Commissioner of Developmental Services, and shall be removable in the same manner. The director shall be a trained administrator of services and facilities engaged in the care, custody, treatment and training of [mentally retarded] persons with intellectual disabilities. Each director shall be subject to the direction of the Commissioner of Developmental Services and shall be responsible for the operation and the administration of the training school or state developmental services region.
Sec. 25. Subsections (a) and (b) of section 17a-273 of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) The Commissioner of Developmental Services shall appoint at least one advisory and planning council for each state developmental services region operated by the Department of Developmental Services, which council shall have the responsibility of consulting with and advising the director of the region on the needs of persons with [mental retardation] intellectual disabilities in the region, the annual plan and budget of the region and other matters deemed appropriate by the council.
(b) Each such council shall consist of at least ten members appointed from the state developmental services region. No employee of any state agency engaged in the care or training of persons with [mental retardation] intellectual disabilities shall be eligible for appointment. At least one member shall be designated by a local chapter of the Arc of Connecticut in the region. At least one member shall be an individual who is eligible for and receives services from the Department of Developmental Services. At least two members shall be parents of persons with [mental retardation] intellectual disabilities. Members shall be appointed for terms of three years. No member may serve more than two consecutive terms. Each council shall appoint annually, from among its members, a chairperson, vice-chairperson and secretary. The council may make rules for the conduct of its affairs. The director of the region shall be an ex-officio member of the council without vote and shall attend its meetings.
Sec. 26. Section 17a-274 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) Any court of probate shall have the power to place any person residing in its district whom it finds to be a [mentally retarded] person with an intellectual disability with the Department of Developmental Services for placement in any appropriate setting which meets [his individual] the person's habilitative needs in the least restrictive environment available or which can be created within existing resources of the department, in accordance with the provisions of this section and section 17a-276, as amended by this act. No person shall be so placed unless the court has found the person [is mentally retarded] has an intellectual disability and (1) is unable to provide for himself or herself at least one of the following: Education, habilitation, care for personal health and mental health needs, meals, clothing, safe shelter or protection from harm; (2) has no family or guardian to care for him or her, or his or her family or guardian can no longer provide adequate care for him or her; (3) is unable to obtain adequate, appropriate services which would enable him or her to receive care, treatment and education or habilitation without placement by a court of probate; and (4) is not willing to be placed under the custody and control of the Department of Developmental Services or its agents or voluntary admission has been sought by the guardian or limited guardian of such person appointed pursuant to chapter 779a or the provisions of sections 45a-711 to 45a-725, inclusive, and such voluntary admission has been opposed by the ward or his or her next of kin.
(b) Application to the Probate Court for placement under this section may be made by any interested party. The application and all records of Probate Court proceedings held as a result of the filing of such application, except for the name of any guardian of the respondent, shall be sealed and shall be made available only to the respondent or the respondent's counsel or guardian, and to the Commissioner of Developmental Services or the commissioner's designee, unless the Probate Court, after hearing held with notice to the respondent or the respondent's counsel or guardian, and to the commissioner or the commissioner's designee, determines that such application and records should be disclosed for cause shown. The application shall allege that the respondent is a person with [mental retardation] an intellectual disability and (1) is unable to provide for himself or herself at least one of the following: Education, habilitation, care for personal health and mental health needs, meals, clothing, safe shelter or protection from harm; (2) has no family or guardian to care for the respondent or the respondent's family or guardian can no longer provide adequate care for the respondent; (3) is unable to obtain adequate, appropriate services which would enable the respondent to receive care, treatment and education or habilitation without placement by a court of probate; and (4) is not willing to be placed under the custody and control of the Department of Developmental Services or its agents or voluntary admission has been sought by the guardian or limited guardian of the respondent appointed pursuant to chapter 779a or the provisions of sections 45a-711 to 45a-725, inclusive, and such voluntary admission has been opposed by the ward or the ward's next of kin.
(c) Immediately upon the filing of the application, the Probate Court shall assign a time, date and place for a hearing, such hearing to be held not later than thirty business days from the date of receipt of the application. The court shall give notice of the hearing to the respondent, the respondent's guardian or conservator, the respondent's spouse or, if none, the respondent's children or, if none, the respondent's parents or, if none, the respondent's siblings, the Commissioner of Developmental Services, the director of the Office of Protection and Advocacy for Persons with Disabilities, and any other person who has shown an interest in the respondent.
(d) Notice to the respondent and Commissioner of Developmental Services shall include: The names of all persons filing the application, the allegations made in the application, the time, date and place of the hearing, and the name, address and telephone number of the attorney who will represent the respondent. The notice shall state the right of the respondent to be present at the hearing, to present evidence, to cross-examine witnesses who testify at the hearing, and to an independent diagnostic and evaluative examination by a licensed psychologist of his own choice, who may testify on his behalf. If the court finds the respondent is indigent, the notice shall further state the respondent may be represented by counsel of his own choosing, and, if the court finds the respondent is indigent, that counsel shall be provided without cost. The reasonable compensation for counsel provided to indigent respondents shall be established by, and paid from funds appropriated to, the Judicial Department, however, if funds have not been included in the budget of the Judicial Department for such purposes, such compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund.
(e) Unless the respondent is represented by counsel, the court shall immediately appoint an attorney to represent the respondent from a list of attorneys admitted to practice in this state provided by the Probate Court Administrator in accordance with regulations adopted by the Probate Court Administrator in accordance with section 45a-77. Such attorney may, unless replaced, attend all examinations preceding the hearing and may copy or inspect any and all reports concerning the respondent.
(f) The court shall appoint a licensed psychologist from a panel of psychologists provided by the Office of the Probate Court Administrator to examine the respondent. The psychologist shall prepare a report on a form provided by the Probate Court. Such report shall include a statement as to whether the respondent [is mentally retarded] has an intellectual disability and an explanation of how the determination was reached. The explanation shall include the results of a psychological assessment within the past year, an interview or observation of the respondent, and an evaluation of adaptive behavior. Such report shall include a statement of the respondent's needs. Duplicate copies of the report shall be filed with the Commissioner of Developmental Services and all attorneys of record [at least] not less than five days prior to the date of the hearing. The court shall order the psychologist to appear for cross-examination at the request of the respondent if the respondent makes such request [at least] not less than three days before the date of the hearing.
(g) If the court, after hearing, finds there is clear and convincing evidence that the respondent [is mentally retarded] has an intellectual disability and meets the criteria set out in subsection (a) of this section, [it] the court shall order the respondent placed with the Department of Developmental Services for placement in the least restrictive environment available or which can be created within existing resources of the department.
(h) If, after hearing, the court determines that the respondent's need for placement is so critical as to require immediate placement, the court shall order the respondent to be temporarily placed in the most appropriate available placement. The Department of Developmental Services upon receipt of such order shall place the respondent in such setting and shall proceed according to subsection (i) of this section.
(i) The Department of Developmental Services, upon receipt of an order pursuant to subsection (g) of this section, shall arrange for an interdisciplinary team to evaluate the respondent, determine the respondent's priority needs for programming and determine the least restrictive environments in which those needs could be met. The Department of Developmental Services shall place the [respondent] respondent's name on the waiting list for all facilities which have been identified. If no placement has become available [within] not later than sixty days after the date that the respondent's name was placed on the waiting list, the Commissioner of Developmental Services shall so advise the court and shall continue to report to the court every thirty days thereafter until an appropriate placement is available.
(j) Upon receipt of a report under subsection (i) of this section, the Court of Probate, if it determines that the respondent's need is so critical as to require immediate placement, shall order the respondent to be temporarily placed in the most appropriate available placement.
(k) Any person or agency having reasonable cause to believe that a person [is mentally retarded] has an intellectual disability and in need of immediate care and treatment for his or her safety and welfare, which care and treatment is not being provided by his or her family or guardian, shall make a written report to the Commissioner of Developmental Services. The report shall contain the name and address of the person believed to [be mentally retarded] have intellectual disability and in need of immediate care and treatment, and his or her parent or other person responsible for his or her care, and all evidence forming the basis for such belief and shall be signed and dated by the person making such report. The Commissioner of Developmental Services shall promptly determine whether there is reasonable cause to believe that the person named in the report [is mentally retarded] has an intellectual disability and in need of immediate care and treatment, which care and treatment is not being provided by such person's family or guardian, and if the commissioner so determines, shall assume the care and custody of such person. The commissioner or his designee shall, within twenty-four hours, excluding Saturdays, Sundays and legal holidays, after assuming the care and custody of such person, (1) notify the [office of protection and advocacy] Office of Protection and Advocacy for Persons with Disabilities, and (2) file an application pursuant to subsection (b) of this section in the court of probate for the district in which such person resided prior to emergency placement. The court of probate in which such application is filed shall assign a time and place for a hearing pursuant to subsection (c) of this section.
(l) In the event that any person placed under the provisions of this section is recommended for transfer by the Department of Developmental Services, the department shall proceed as required by subsection (c) of section 17a-210, as amended by this act, and shall in addition notify the probate court which made the placement.
(m) Any person who wilfully files or attempts to file, or conspires with any person to file a fraudulent or malicious application for the placement of any person pursuant to this section, shall be fined not more than one thousand dollars or imprisoned not more than five years or both.
(n) For the purposes of this section, (1) "interdisciplinary team" means a group of persons appointed by the Commissioner of Developmental Services, including a social worker, psychologist, nurse, residential programmer, educational or vocational programmer and such other persons as may be appropriate; (2) ["mentally retarded person" means a person who has mental retardation] "intellectual disability" shall have the same meaning as [defined] provided in section 1-1g, as amended by this act; (3) "respondent" means a person alleged to be a [mentally retarded] person with intellectual disability for whom an application for placement has been filed; (4) "placement" means placement in a community [training home] companion home, community living arrangement, group home, regional facility, [or] other residential facility or residential program for [mentally retarded] persons with intellectual disability.
Sec. 27. Section 17a-275 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
When any person is [found to be mentally retarded upon proceedings had under sections 17a-210 to 17a-247, inclusive, and 17a-274] involuntarily placed with the Department of Developmental Services pursuant to the provisions of section 17a-274, as amended by this act, all fees and expenses incurred upon such proceedings shall be paid by the state; and, if such person is [found not to be mentally retarded] not involuntarily placed with the department, such fees and expenses shall be paid by the petitioner.
Sec. 28. Section 17a-276 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) All persons admitted to a state training school, regional facility or other facility provided for the care and training of [the mentally retarded] persons with intellectual disabilities shall, until discharged therefrom either by the commissioner or by operation of law, be under the custody and control of the director of such facility. All costs of care and training shall be provided pursuant to section 17b-223. Notice of discharge shall be sent by the Department of Developmental Services to such person, his parent or guardian and the Probate Court.
(b) Any person with an intellectual disability placed with the Department of Developmental Services pursuant to section 17a-274, as amended by this act, may request a review of his or her placement by the Probate Court at any time after issuance of the original order of placement and once a year thereafter. Such request shall be in writing, shall state the reasons for review and shall be made by the [patient] person with an intellectual disability or any other person acting on his or her behalf. Such request shall be filed with the Probate Court, one copy shall be served on the Commissioner of Developmental Services and one copy shall be served on the person in charge of the facility in which the [patient] person with an intellectual disability is placed. The hearing on such request shall be held [within] not later than ten days, excluding Saturdays, Sundays and holidays, after the date of the filing of such request.
(c) At such hearing the [patient] person with an intellectual disability shall have the same rights as provided under subsections (c), (d), (e) and (f) of section 17a-274, as amended by this act. The Department of Developmental Services shall notify each person placed pursuant to section 17a-274, as amended by this act, at least annually that such person has the right to a hearing to review the appropriateness and adequacy of his or her placement. At such hearing, if the court finds that the person is no longer in need of placement, [it] the court shall order the placement terminated. If the court finds that the person's placement does not adequately meet his or her needs in the least restrictive environment available or which can be created within existing resources of the department, [it] the court shall order the department to place such person in such least restrictive environment as the court deems available.
(d) If, within five years from the date of placement, any person placed on or after October 1, 1982, has not requested a hearing to review his placement, the Department of Developmental Services shall notify the court of probate which placed such person. The court of probate, upon such notice, shall proceed in accordance with subsections (b) and (c) of this section to schedule a hearing to determine if the placement should be continued and whether such placement adequately meets his or her habilitative needs in the least restrictive environment available or which can be created within existing resources of the department.
Sec. 29. Section 17a-277 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
The director of any state training school, regional facility or other facility for the care and training of persons with [mental retardation] intellectual disabilities may place any resident with [mental retardation] an intellectual disability committed or admitted to such training school, regional facility or other facility provided for the care and training of persons with [mental retardation] intellectual disabilities, under the provisions of sections 17a-210 to 17a-247, inclusive, as amended by this act, and 17a-273, as amended by this act, in a community companion home, community living arrangement, private boarding home, group home, [or] other residential facility or residential program to be cared for in accordance with the following conditions:
(1) Such resident shall, despite such transfer, remain subject to the control of the director of such training school, regional facility or other facility provided for the care and training of persons with [mental retardation] intellectual disabilities and the director may, at any time, order and provide for the return of any such resident to such training school, regional facility or other facility provided for the care and training of persons with [mental retardation] intellectual disabilities, subject to any limitations of the term of commitment contained in the order of commitment under which such resident was committed;
(2) When the transfer of any such resident has been authorized or when, having been transferred to a community companion home, community living arrangement, private boarding home, group home, [or] other residential facility or residential program for persons with [mental retardation] intellectual disabilities, such resident has been returned to the training school, regional facility or other facility, the director of such training school, regional facility or other facility shall forthwith so notify the Commissioner of Developmental Services;
(3) Such community companion home, community living arrangement, private boarding home, group home, [or] other residential facility or residential program shall be licensed by the Department of Developmental Services, the Department of Children and Families or the Department of Public Health under such regulations as the departments adopt, in accordance with chapter 54; and
(4) The Commissioner of Developmental Services shall, upon request, be given access to the complete record of any resident placed in a community companion home, community living arrangement, private boarding home, group home, [or] other residential facility or residential program pursuant to this section.
Sec. 30. Section 17a-281 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
Any person who is a resident of Connecticut at the time an application is made by [him or on his behalf] such resident or on behalf of such resident under the provisions of this section, and who is, or appears to be, or believes himself or herself to be a person with [mental retardation] an intellectual disability, may apply, in writing, to the Commissioner of Developmental Services, on a form prescribed by [said] the commissioner, for admission to any facility for persons with [mental retardation] intellectual disabilities. 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 Developmental Services, 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 date of filing of the application, (2) the results of a psychometric assessment conducted not more than one year prior to the date of 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] not later than thirty days after the date of 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, as amended by this act, [his] such person's guardian may apply for admission and the commissioner may admit such person, provided [said] the commissioner is satisfied that there is no conflict concerning the admission between the guardian and his or her 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, as amended by this act. 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] the commissioner 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.
Sec. 31. Section 17a-282 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
No person admitted to a facility for persons with [mental retardation] intellectual disabilities under the provisions of section 17a-281, as amended by this act, shall be detained in such facility for more than seven days after [he] such person has given notice in writing, or, if such person is a minor or adult incompetent, after such notice has been given on his or her behalf by his or her parent, guardian, conservator or person having custody, to the Commissioner of Developmental Services, of his or her intention or desire to leave such facility. If [said] the commissioner is of the opinion that such person is in need of further treatment or observation, [he] the commissioner 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, as amended by this act.
Sec. 32. Section 17a-580 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
As used in sections 17a-581 to 17a-602, inclusive, and this section:
(1) "Acquittee" means any person found not guilty by reason of mental disease or defect pursuant to section 53a-13;
(2) "Board" means the Psychiatric Security Review Board established pursuant to section 17a-581;
(3) "Conditional release" means release subject to the jurisdiction of the board for supervision and treatment on an outpatient basis and includes, but is not limited to, the monitoring of mental and physical health treatment;
(4) "Court" means the Superior Court;
(5) "Danger to himself or others" includes danger to the property of others;
(6) "Hospital for mental illness" means any public or private hospital, retreat, institution, house or place in which a person with psychiatric disabilities or drug-dependent person is received or detained as a patient, but does not include any correctional institution of the state;
(7) "Mental illness" includes any mental illness in a state of remission when the illness may, with reasonable medical probability, become active;
(8) ["Mental retardation" means mental retardation as defined in section 1-1g] "Intellectual disability" has the meaning provided in section 1-1g, as amended by this act;
(9) "Person who should be conditionally released" means an acquittee who has psychiatric disabilities or [is mentally retarded] has a mental disability to the extent that his final discharge would constitute a danger to himself or others but who can be adequately controlled with available supervision and treatment on conditional release;
(10) "Person who should be confined" means an acquittee who has psychiatric disabilities or [is mentally retarded] has an intellectual disability to the extent that [his] such acquittee's discharge or conditional release would constitute a danger to [himself] the acquittee or others and who cannot be adequately controlled with available supervision and treatment on conditional release;
(11) "Person who should be discharged" means an acquittee who does not have psychiatric disabilities or [is not mentally retarded] does not have an intellectual disability to the extent that [his] such acquittee's discharge would constitute a danger to [himself] the acquittee or others;
(12) "Psychiatrist" means a physician specializing in psychiatry and licensed under the provisions of sections 20-9 to 20-12, inclusive;
(13) "Psychologist" means a clinical psychologist licensed under the provisions of sections 20-186 to 20-195, inclusive;
(14) "State's attorney" means the state's attorney for the judicial district wherein the acquittee was found not guilty by reason of mental disease or defect pursuant to section 53a-13;
(15) "Superintendent" means any person, body of persons or corporation, or the designee of any such person, body of persons or corporation, which has the immediate supervision, management and control of a hospital for mental illness and the patients therein.
Sec. 33. (Effective October 1, 2011) (a) (1) Wherever the words "the mentally retarded" are used in the general statutes, "persons with intellectual disabilities" shall be substituted in lieu thereof; whenever the words "mentally retarded", "mentally retarded person" or "mentally retarded persons" are used in the general statutes, the words "intellectual disability", "intellectual disabilities", "person with an intellectual disability" or "persons with intellectual disabilities" shall be substituted in lieu thereof; whenever the words "mental retardation" are used in the general statutes, the words "intellectual disability" or "intellectual disabilities" shall be substituted in lieu thereof: 2c-2b, 4a-60, 4b-28, 4b-31, 8-2g, 8-3e, 8-3f, 9-159s, 10-91f, 17a-75, 17a-215b, 17a-219, 17a-247a, 17a-280, 17a-451d, 17a-593, 17a-594, 17a-596, 17b-28a, 17b-106, 17b-112c, 17b-226, 17b-244, 17b-244a, 17b-260b, 17b-260d, 17b-263b, 17b-278, 17b-280, 17b-340, 17b-342, 17b-352, 17b-356, 17b-360, 17b-363b, 17b-616, 19a-6h, 19a-490, 19a-581, 19a-638, 26-29a, 26-30, 27-103, 31-57e, 32-204, 38a-488a, 38a-514, 38a-515, 38a-816, 45a-598, 45a-669, 45a-672, 45a-674, 45a-676, 45a-677, 45a-678, 45a-679, 45a-680, 45a-681, 45a-682, 45a-683, 45a-684, 46a-11a, 46a-11b, 46a-11c, 46a-11d, 46a-11e, 46a-11f, 46a-11g, 46a-51, 46a-60, 46a-64, 46a-64b, 46a-66, 46a-70, 46a-71, 46a-72, 46a-73, 46a-75, 46b-76, 46b-84, 51-286n, 52-146o, 53a-46a, 53a-59a, 53a-60b, 53a-60c, 53a-61a, 53a-181i, 53a-320, 53a-321, 53a-322, 53a-323, 54-56d and 54-250.
(2) Wherever such words are used in any public act of the 2011 session, the words provided in subdivision (1) of this subsection shall be substituted in lieu thereof.
(b) The Legislative Commissioners' Office shall, in codifying said sections of the general statutes pursuant to subdivision (1) of subsection (a) of this section or any public act of the 2011 session pursuant to subdivision (2) of subsection (a) of this section, make such technical, grammatical and punctuation changes as are necessary to carry out the purposes of this section.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2011 45a-670
Sec. 2 October 1, 2011 1-1g
Sec. 3 October 1, 2011 8-119t
Sec. 4 October 1, 2011 12-81(7)(B)
Sec. 5 October 1, 2011 14-96p(a)(4)
Sec. 6 October 1, 2011 17a-210
Sec. 7 October 1, 2011 17a-210b
Sec. 8 October 1, 2011 17a-215c(f) to (i)
Sec. 9 October 1, 2011 17a-217
Sec. 10 October 1, 2011 17a-218
Sec. 11 October 1, 2011 17a-218a
Sec. 12 October 1, 2011 17a-220(5)
Sec. 13 October 1, 2011 17a-224
Sec. 14 October 1, 2011 17a-226
Sec. 15 October 1, 2011 17a-227(a)
Sec. 16 October 1, 2011 17a-227(e)
Sec. 17 October 1, 2011 17a-227a(a) and (b)
Sec. 18 October 1, 2011 17a-228
Sec. 19 October 1, 2011 17a-231
Sec. 20 October 1, 2011 17a-232(a)
Sec. 21 October 1, 2011 17a-233
Sec. 22 October 1, 2011 17a-247(b)
Sec. 23 October 1, 2011 17a-270
Sec. 24 October 1, 2011 17a-272(a)
Sec. 25 October 1, 2011 17a-273(a) and (b)
Sec. 26 October 1, 2011 17a-274
Sec. 27 October 1, 2011 17a-275
Sec. 28 October 1, 2011 17a-276
Sec. 29 October 1, 2011 17a-277
Sec. 30 October 1, 2011 17a-281
Sec. 31 October 1, 2011 17a-282
Sec. 32 October 1, 2011 17a-580
Sec. 33 October 1, 2011 New section
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2011
45a-670
Sec. 2
October 1, 2011
1-1g
Sec. 3
October 1, 2011
8-119t
Sec. 4
October 1, 2011
12-81(7)(B)
Sec. 5
October 1, 2011
14-96p(a)(4)
Sec. 6
October 1, 2011
17a-210
Sec. 7
October 1, 2011
17a-210b
Sec. 8
October 1, 2011
17a-215c(f) to (i)
Sec. 9
October 1, 2011
17a-217
Sec. 10
October 1, 2011
17a-218
Sec. 11
October 1, 2011
17a-218a
Sec. 12
October 1, 2011
17a-220(5)
Sec. 13
October 1, 2011
17a-224
Sec. 14
October 1, 2011
17a-226
Sec. 15
October 1, 2011
17a-227(a)
Sec. 16
October 1, 2011
17a-227(e)
Sec. 17
October 1, 2011
17a-227a(a) and (b)
Sec. 18
October 1, 2011
17a-228
Sec. 19
October 1, 2011
17a-231
Sec. 20
October 1, 2011
17a-232(a)
Sec. 21
October 1, 2011
17a-233
Sec. 22
October 1, 2011
17a-247(b)
Sec. 23
October 1, 2011
17a-270
Sec. 24
October 1, 2011
17a-272(a)
Sec. 25
October 1, 2011
17a-273(a) and (b)
Sec. 26
October 1, 2011
17a-274
Sec. 27
October 1, 2011
17a-275
Sec. 28
October 1, 2011
17a-276
Sec. 29
October 1, 2011
17a-277
Sec. 30
October 1, 2011
17a-281
Sec. 31
October 1, 2011
17a-282
Sec. 32
October 1, 2011
17a-580
Sec. 33
October 1, 2011
New section
Statement of Purpose:
To: (1) Provide that an application for guardianship of an adult person with mental retardation be permitted one hundred eighty days prior to the date such person attains the age of eighteen, and that such application be effective no earlier than the date such person attains the age of eighteen; and (2) change statutory references from "mental retardation" to "intellectual disability".
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]