General Assembly Substitute Bill No. 365
January Session, 2011 *_____SB00365PS____051311____*
General Assembly
Substitute Bill No. 365
January Session, 2011
*_____SB00365PS____051311____*
AN ACT CONCERNING INVESTIGATIONS BY PROTECTIVE SERVICES FOR THE ELDERLY.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (d) of section 17b-451 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(d) [Any] (1) Subject to subdivision (2) of this subsection, any person who makes any report pursuant to sections 17b-450 to 17b-461, inclusive, as amended by this act, 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.]
(2) Any person who makes any report pursuant to sections 17b-450 to 17b-461, inclusive, as amended by this act, is guilty of making a fraudulent or malicious report or providing false testimony when such person (A) wilfully makes a fraudulent or malicious report to the commissioner pursuant to the provisions of this section, (B) conspires with another person to make or cause to be made such report, or (C) wilfully testifies falsely in any administrative or judicial proceeding arising from such report as to the abuse, neglect, exploitation or abandonment of, or need of protective services for, an elderly person. Making a fraudulent or malicious report or providing false testimony is a class A misdemeanor.
Sec. 2. Subsection (a) of section 17b-452 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) The commissioner upon receiving a report that an elderly person allegedly is being, or has been, abused, neglected, exploited or abandoned, or is in need of protective services shall investigate the report to determine the situation relative to the condition of the elderly person and what action and services, if any, are required. The investigation shall include (1) a visit to the named elderly person, (2) consultation with those individuals having knowledge of the facts of the particular case, and (3) an interview with the elderly person alone unless (A) the elderly person refuses to consent to such interview, (B) a physician provides a written letter stating that in the opinion of the physician an interview with the elderly person alone is medically contraindicated, or (C) the commissioner determines that such interview is not in the best interests of the elderly person. Upon request of the elderly person, the commissioner shall conduct such interview in the presence of the elderly person's counsel. If the commissioner determines that a caretaker is interfering with the commissioner's ability to conduct an interview alone with the elderly person, the commissioner may bring an action in the Superior Court or Probate Court seeking an order enjoining such caretaker from interfering with the commissioner's ability to conduct an interview alone with the elderly person. In investigating a report under this subsection, the commissioner may subpoena witnesses, take testimony under oath and compel the production of any necessary and relevant documents necessary to investigate the allegations of abuse, neglect or abandonment. The commissioner may request the Attorney General to petition the Superior Court for such order as may be appropriate to enforce the provisions of this section. Upon completion of the investigation, written findings shall be prepared which shall include recommended action and a determination of whether protective services are needed. The person filing the report shall be notified of the findings, upon request.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2011 17b-451(d)
Sec. 2 October 1, 2011 17b-452(a)
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2011
17b-451(d)
Sec. 2
October 1, 2011
17b-452(a)
AGE Joint Favorable Subst. C/R HS
HS Joint Favorable Subst.
JUD Joint Favorable
PS Joint Favorable
AGE
Joint Favorable Subst. C/R
HS
HS
Joint Favorable Subst.
JUD
Joint Favorable
PS
Joint Favorable