Connecticut 2019 Regular Session

Connecticut Senate Bill SB00939 Compare Versions

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Version 2 (New)

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7		-	General Assembly ~~Substitute~~ Bill No. 939
	5	+	General Assembly Raised Bill No. 939
8	6		January Session, 2019
	7	+	LCO No. 4690
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	10	+	Referred to Committee on JUDICIARY
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	12	+
	13	+	Introduced by:
	14	+	(JUD)
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14	19		AN ACT CONCERNING PS YCHIATRIC COMMITMENT EVALUATIO NS.
15	20		Be it enacted by the Senate and House of Representatives in General
16	21		Assembly convened:
17	22
18	23		Section 1. Section 17a-498 of the general statutes is repealed and the 1
19	24		following is substituted in lieu thereof (Effective July 1, 2019): 2
20	25		(a) Upon an application being filed in the Probate Court pursuant to 3
21		-	the Probate Court's jurisdiction under section 17a-497, ~~as amended by~~ 4
22		-	~~this act, such court shall~~ assign a time, not later than ten business days 5
23		-	~~after the date the~~ application was filed, and a place for hearing such 6
24		-	~~application, and~~ shall cause reasonable notice of such hearing to be 7
25		-	~~given to the~~ respondent and to such relative or relatives and friends as 8
26		-	~~the court~~ deems advisable. The notice shall inform the respondent that 9
27		-	~~he or she~~ has a right to be present at the hearing; that he or she has a 10
28		-	~~right to~~ counsel; that he or she, if indigent, has a right to have counsel 11
	26	+	the Probate Court's jurisdiction under section 17a-497, such court shall 4
	27	+	assign a time, not later than ten business days after the date the 5
	28	+	application was filed, and a place for hearing such application, and 6
	29	+	shall cause reasonable notice of such hearing to be given to the 7
	30	+	respondent and to such relative or relatives and friends as the court 8
	31	+	deems advisable. The notice shall inform the respondent that he or she 9
	32	+	has a right to be present at the hearing; that he or she has a right to 10
	33	+	counsel; that he or she, if indigent, has a right to have counsel 11
29	34		appointed to represent him or her; and that he or she has a right to 12
30	35		cross-examine witnesses testifying at any hearing upon such 13
31	36		application. 14
32		-	(b) (1) If the court finds such respondent is indigent or otherwise 15
	37	+	(b) (1) If the court finds such respondent is indigent or otherwise 15 Raised Bill No. 939
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33	43		unable to pay for counsel, the court shall appoint counsel for such 16
34	44		respondent, unless such respondent refuses counsel and the court 17
35	45		finds that the respondent understands the nature of his or her refusal. 18
36		-	The court shall provide such respondent a reasonable opportunity to 19 Substitute Bill No. 939
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	46	+	The court shall provide such respondent a reasonable opportunity to 19
43	47		select his or her own counsel to be appointed by the court. If the 20
44	48		respondent does not select counsel or if counsel selected by the 21
45	49		respondent refuses to represent such respondent or is not available for 22
46	50		such representation, the court shall appoint counsel for the respondent 23
47	51		from a panel of attorneys admitted to practice in this state provided by 24
48	52		the Probate Court Administrator in accordance with regulations 25
49	53		promulgated by the Probate Court Administrator in accordance with 26
50	54		section 45a-77. The reasonable compensation of appointed counsel 27
51	55		shall be established by, and paid from funds appropriated to, the 28
52	56		Judicial Department, except that if funds have not been included in the 29
53	57		budget of the Judicial Department for such purposes, such 30
54	58		compensation shall be established by the Probate Court Administrator 31
55	59		and paid from the Probate Court Administration Fund. 32
56	60		(2) Prior to such hearing, such respondent or his or her counsel, in 33
57	61		accordance with the provisions of sections 52-146d to 52-146i, 34
58	62		inclusive, shall be afforded access to all records including, but not 35
59	63		limited to, hospital records if such respondent is hospitalized, and 36
60	64		shall be entitled to take notes from any of such records. If such 37
61	65		respondent is hospitalized at the time of the hearing, the hospital shall 38
62	66		make available at such hearing for use by such hospitalized 39
63	67		respondent or his or her counsel all records in its possession relating to 40
64	68		the condition of such hospitalized respondent. Notwithstanding the 41
65	69		provisions of sections 52-146d to 52-146i, inclusive, and subject to the 42
66	70		rules of evidence as provided in subsection (h) of this section, all such 43
67	71		hospital records directly relating to the hospitalized respondent shall 44
68	72		be admissible at the request of any party or the Probate Court in any 45
69	73		proceeding relating to confinement to or release from a hospital for 46
70	74		psychiatric disabilities. 47
71	75		(c) (1) The court shall require [the certificates] a certificate, signed 48
72		-	under penalty of false statement, of [at least two impartial physicians] 49
	76	+	under penalty of false statement, of [at least two impartial physicians] 49 Raised Bill No. 939
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73	82		an impartial psychiatrist selected by the court, [one of whom] who 50
74	83		[shall be a practicing psychiatrist, and each of whom shall be] is 51
75		-	licensed to practice medicine in the state of Connecticut and shall have 52 Substitute Bill No. 939
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	84	+	licensed to practice medicine in the state of Connecticut and shall have 52
82	85		been a practitioner of medicine for at least one year and shall not be 53
83	86		connected with the hospital for psychiatric disabilities to which the 54
84	87		application is being made, or related by blood or marriage to the 55
85	88		applicant [,] or [to the] respondent. [Such certificates] The certificate 56
86	89		shall indicate that the [physicians have] psychiatrist has personally 57
87	90		examined the respondent not more than ten days prior to such 58
88	91		hearing. The court shall appoint [such physicians] the psychiatrist 59
89	92		from a list of [physicians and] psychiatrists provided by the 60
90	93		Commissioner of Mental Health and Addiction Services and such 61
91	94		[appointments] appointment shall be made in accordance with 62
92	95		regulations promulgated by the Probate Court Administrator in 63
93	96		accordance with section 45a-77. [Each such physician] The psychiatrist 64
94	97		shall make a report on a separate form provided for that purpose by 65
95	98		the Probate Court Administrator and shall answer such questions as 66
96	99		may be set forth on such form as fully and completely as reasonably 67
97	100		possible. Such form shall include, but not be limited to, questions 68
98	101		relating to the specific psychiatric disabilities alleged, whether or not 69
99	102		the respondent is dangerous to himself or herself or others, whether or 70
100	103		not such illness has resulted or will result in serious disruption of the 71
101	104		respondent's mental and behavioral functioning, whether or not 72
102	105		hospital treatment is both necessary and available, whether or not less 73
103	106		restrictive placement is recommended and available and whether or 74
104	107		not the respondent is incapable of understanding the need to accept 75
105	108		the recommended treatment on a voluntary basis. [Each such 76
106	109		physician] The psychiatrist shall state upon the form the reasons for 77
107	110		his or her opinions. Such respondent or his or her counsel shall have 78
108	111		the right to present evidence and cross-examine witnesses who testify 79
109	112		at any hearing on the application. If such respondent notifies the court 80
110	113		not less than three days before the hearing that he or she wishes to 81
111	114		cross-examine the examining [physicians] psychiatrist, the court shall 82
112		-	order [such physicians] the psychiatrist to appear. 83
	115	+	order [such physicians] the psychiatrist to appear. 83 Raised Bill No. 939
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113	121		(2) The court shall cause a recording of the testimony of such 84
114	122		hearing to be made, to be transcribed only in the event of an appeal 85
115		-	from the decree rendered under this section. A copy of such transcript 86 Substitute Bill No. 939
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	123	+	from the decree rendered under this section. A copy of such transcript 86
122	124		shall be furnished without charge to any appellant whom the Probate 87
123	125		Court finds unable to pay for such copy. The cost of such transcript 88
124	126		shall be paid from funds appropriated to the Judicial Department. 89
125	127		(3) If the court finds by clear and convincing evidence that the 90
126	128		respondent has psychiatric disabilities and is dangerous to himself or 91
127	129		herself or others or gravely disabled, the court shall make an order for 92
128	130		his or her commitment, considering whether or not a less restrictive 93
129	131		placement is available, to a hospital for psychiatric disabilities to be 94
130	132		named in such order, there to be confined for the period of the 95
131	133		duration of such psychiatric disabilities or until he or she is discharged 96
132	134		or converted to voluntary status pursuant to section 17a-506 in due 97
133	135		course of law. Such court order shall further command some suitable 98
134	136		person to convey such person to such hospital for psychiatric 99
135	137		disabilities and deliver him or her, with a copy of such order and of 100
136	138		such [certificates] certificate, to the keeper thereof. In appointing a 101
137	139		person to execute such order, the court shall give preference to a near 102
138	140		relative or friend of the person with psychiatric disabilities, so far as 103
139	141		the court deems it practicable and judicious. Notice of any action taken 104
140	142		by the court shall be given to the respondent and his or her attorney, if 105
141	143		any, in such manner as the court concludes would be appropriate 106
142	144		under the circumstances. 107
143	145		(d) If the respondent refuses to be examined by the court-appointed 108
144	146		[physicians] psychiatrist as provided in subsection (c) of this section, 109
145	147		the court may issue a warrant for the apprehension of the respondent 110
146	148		and a police officer for the town in which such court is located or if 111
147	149		there is no such police officer then the state police shall deliver the 112
148	150		respondent to a general hospital where the respondent shall be 113
149	151		examined by [two physicians, one of whom shall be a practicing] a 114
150	152		psychiatrist, in accordance with subsection (c) of this section. If as a 115
151	153		result of such examination, the respondent is committed under section 116
152		-	17a-502, transportation of the respondent to any such hospital, if such 117
153		-	respondent is a female, shall be in accordance with the provisions of 118
154		-	section 17a-505. If the respondent is not committed under section 17a-119 Substitute Bill No. 939
	154	+	17a-502, transportation of the respondent to any such hospital, if such 117 Raised Bill No. 939
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	160	+	respondent is a female, shall be in accordance with the provisions of 118
	161	+	section 17a-505. If the respondent is not committed under section 17a-119
161	162		502, the respondent shall be released and the [reports of such 120
162	163		physicians] certificate of the psychiatrist shall be sent to the Probate 121
163	164		Court to satisfy the requirement of examination by [two physicians] a 122
164	165		psychiatrist under subsection (c) of this section. 123
165	166		(e) The respondent shall be given the opportunity to elect voluntary 124
166	167		status under section 17a-506 at any time prior to adjudication of the 125
167	168		application, subject to the following provisions: (1) In the event that a 126
168	169		patient is in the hospital, the patient shall be informed by a member of 127
169	170		the hospital staff within twenty-four hours prior to the time an 128
170	171		application is filed with the court, that he or she may continue in the 129
171	172		hospital on a voluntary basis under the provisions of section 17a-506, 130
172	173		and any application for involuntary commitment by the hospital shall 131
173	174		include a statement that such voluntary status has been offered to the 132
174	175		respondent and refused, and (2) in the event that a respondent is not 133
175	176		hospitalized, the notice of hearing shall inform the respondent that the 134
176	177		respondent has the right to enter the hospital on a voluntary basis 135
177	178		under the provisions of section 17a-506, and, if the respondent enters 136
178	179		the hospital under section 17a-506, the application for involuntary 137
179	180		commitment shall be withdrawn. When any patient who has elected 138
180	181		voluntary status following the filing of an application but prior to 139
181	182		adjudication in any proceeding for involuntary commitment thereafter 140
182	183		notifies the hospital that he or she wants to be released, a new 141
183	184		application for involuntary commitment may be filed. If such new 142
184	185		application is filed not later than forty-five days after the patient's 143
185	186		election of voluntary status on a prior application, the application for 144
186	187		involuntary commitment may, at the discretion of the judge, be heard 145
187	188		on the merits, notwithstanding the patient's subsequent request to 146
188	189		remain a voluntary patient under the provisions of section 17a-506. 147
189	190		Notwithstanding the provisions of sections 17a-29, 17a-540, 17a-543, 148
190	191		17a-544, subsection (f) of section 17a-547 and section 17a-548, if a 149
191	192		patient under section 17a-506 refuses to accept medication or treatment 150
192		-	in accordance with the treatment plan prescribed by the attending 151
193		-	physician and such patient is imminently dangerous to himself or 152
194		-	others, an application for involuntary commitment may be filed for 153 Substitute Bill No. 939
	193	+	in accordance with the treatment plan prescribed by the attending 151 Raised Bill No. 939
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	199	+	physician and such patient is imminently dangerous to himself or 152
	200	+	others, an application for involuntary commitment may be filed for 153
201	201		such patient in accordance with the provisions of this section. 154
202	202		(f) The respondent shall be present at any hearing for his or her 155
203	203		commitment under this section. If the respondent is medicated at that 156
204	204		time, the hospital shall provide written notice to the court of such fact 157
205	205		and of the common effects of such medication. 158
206	206		(g) The hospital shall notify each patient at least annually that such 159
207	207		patient has a right to a further hearing pursuant to this section. If the 160
208	208		patient requests such hearing, it shall be held by the Probate Court for 161
209	209		the district in which the hospital is located. Any such request shall be 162
210	210		immediately filed with the appropriate court by the hospital. After 163
211	211		such request is filed with the Probate Court, it shall proceed in the 164
212	212		manner provided in subsections (a), (b), (c) and (f) of this section. In 165
213	213		addition, the hospital shall furnish the Probate Court for the district in 166
214	214		which the hospital is located on a monthly basis with a list of all 167
215	215		patients confined in the hospital involuntarily without release for one 168
216	216		year since the last annual review under this section of the patient's 169
217	217		commitment or since the original commitment. The hospital shall 170
218	218		include in such notification the type of review the patient last received. 171
219	219		If the patient's last annual review had a hearing, the Probate Court 172
220	220		shall, within fifteen business days thereafter, appoint an impartial 173
221	221		[physician who is a] psychiatrist from the list provided by the 174
222	222		Commissioner of Mental Health and Addiction Services as set forth in 175
223	223		subsection (c) of this section and not connected with the hospital in 176
224	224		which the patient is confined or related by blood or marriage to the 177
225	225		original applicant or to the respondent, which [physician] psychiatrist 178
226	226		shall see and examine each such patient within fifteen business days 179
227	227		after such [physician's] psychiatrist's appointment and make a report 180
228	228		forthwith to such court of the condition of the patient on forms 181
229	229		provided by the Probate Court Administrator. If the Probate Court 182
230	230		concludes that the confinement of any such patient should be reviewed 183
231	231		by such court for possible release of the patient, the court, on its own 184
232		-	motion, shall proceed in the manner provided in subsections (a), (b), 185
233		-	(c) and (f) of this section. [, except that the examining physician shall 186 Substitute Bill No. 939
	232	+	motion, shall proceed in the manner provided in subsections (a), (b), 185 Raised Bill No. 939
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	238	+	(c) and (f) of this section. [, except that the examining physician shall 186
240	239		be considered one of the physicians required by] The psychiatrist's 187
241	240		report shall satisfy the requirement for a report under subsection (c) of 188
242	241		this section. If the patient's last annual review did not result in a 189
243	242		hearing, and in any event at least every two years, the Probate Court 190
244	243		shall, within fifteen business days, proceed with a hearing in the 191
245	244		manner provided in subsections (a), (b), (c) and (f) of this section. All 192
246	245		costs and expenses [, including Probate Court entry fees provided by 193
247	246		statute,] in conjunction with the annual psychiatric review and the 194
248	247		judicial review under this subsection, except costs for [physicians] a 195
249	248		psychiatrist appointed pursuant to this subsection, shall be established 196
250	249		by, and paid from funds appropriated to, the Judicial Department, 197
251	250		except that if funds have not been included in the budget of the 198
252	251		Judicial Department for such costs and expenses, such payment shall 199
253	252		be made from the Probate Court Administration Fund. Compensation 200
254	253		of any [physician] psychiatrist appointed to conduct the annual 201
255	254		psychiatric review, to examine a patient for any hearing held as a 202
256	255		result of such annual review or for any other biennial hearing required 203
257	256		pursuant to sections 17a-75 to 17a-83, inclusive, 17a-450 to 17a-484, 204
258	257		inclusive, 17a-495 to 17a-528, inclusive, 17a-540 to 17a-550, inclusive, 205
259	258		17a-560 to 17a-575, inclusive, and 17a-615 to 17a-618, inclusive, shall be 206
260	259		paid by the state from funds appropriated to the Department of Mental 207
261	260		Health and Addiction Services in accordance with rates established by 208
262	261		the Department of Mental Health and Addiction Services. 209
263	262		(h) The rules of evidence applicable to civil matters in the Superior 210
264	263		Court shall apply to hearings under this section. 211
265		-	Sec. 2. Section 17a-77 of the general statutes is repealed and the 212
266		-	following is substituted in lieu thereof (Effective July 1, 2019): 213
267		-	(a) Upon receipt of such application, the court shall assign a time for 214
268		-	the hearing, not later than ten business days after such receipt, unless 215
269		-	such application has been transferred in accordance with section 17a-216
270		-	76, as amended by this act, in which event such hearing shall be held 217
271		-	by the Superior Court within ten business days of receipt of such 218
272		-	application. The court hearing the matter shall further assign a place 219 Substitute Bill No. 939
	264	+	(i) A psychiatrist appointed to examine a respondent under this 212
	265	+	section shall not be liable in any civil action for damage or injury 213
	266	+	caused in the discharge of the psychiatrist's duties. 214
	267	+	Sec. 2. Section 17a-77 of the general statutes is repealed and the 215
	268	+	following is substituted in lieu thereof (Effective July 1, 2019): 216
	269	+	(a) Upon receipt of such application, the court shall assign a time for 217 Raised Bill No. 939
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279		-	for hearing such application and shall cause reasonable notice thereof 220
280		-	to be given to the child, his or her parents and the hospital for mental 221
281		-	illness named in such application and to such relatives and others as it 222
282		-	deems advisable. The notice shall inform the child (1) that he or she 223
283		-	has a right to be present at the hearing; (2) that he or she has a right to 224
284		-	present evidence and to cross-examine witnesses testifying at any 225
285		-	hearing upon such application; (3) that the court has appointed an 226
286		-	attorney to represent him or her, and the name, address and telephone 227
287		-	number of such attorney. Counsel appointed to represent such child 228
288		-	shall also be appointed guardian ad litem for such child unless the 229
289		-	court deems it appropriate to appoint a separate guardian ad litem. 230
290		-	The fees for counsel appointed to represent the child shall be paid by 231
291		-	the parents or guardian or the estate of such child. The notice to the 232
292		-	child's parents or legal guardian shall inform them that (A) they have 233
293		-	the right to be present at the hearing; (B) they have the right to present 234
294		-	evidence and to cross-examine witnesses testifying at the hearing upon 235
295		-	such application; and (C) they may be represented by an attorney and 236
296		-	if they cannot afford an attorney, that the court shall appoint an 237
297		-	attorney to represent them. The notice to the hospital for mental illness 238
298		-	of children shall inform such hospital of the time and place of the 239
299		-	hearing, and request that if such hospital is unable to admit such child, 240
300		-	it shall so inform the court immediately. Prior to such hearing, counsel 241
301		-	for the child and counsel for the parents, respectively, in accordance 242
302		-	with the provisions of section 52-146e, shall be afforded access to all 243
303		-	records including, without limitation, hospital records if such child is 244
304		-	hospitalized, and shall be entitled to take notes therefrom. If such child 245
305		-	is hospitalized at the time of any hearing held under this section, the 246
306		-	hospital shall make available at such hearing for use by the court or his 247
307		-	or her counsel and by counsel for the parents all records in its 248
308		-	possession relating to the child's need for hospitalization. The 249
309		-	reasonable compensation of counsel appointed under the provisions of 250
310		-	this section for persons who are indigent or otherwise unable to pay 251
311		-	shall be established by, and paid from funds appropriated to, the 252
312		-	Judicial Department, however, if funds have not been included in the 253
313		-	budget of the Judicial Department for such purposes, such 254 Substitute Bill No. 939
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	275	+	the hearing, not later than ten business days after such receipt, unless 218
	276	+	such application has been transferred in accordance with section 17a-219
	277	+	76, in which event such hearing shall be held by the Superior Court 220
	278	+	within ten business days of receipt of such application. The court 221
	279	+	hearing the matter shall further assign a place for hearing such 222
	280	+	application and shall cause reasonable notice thereof to be given to the 223
	281	+	child, his or her parents and the hospital for mental illness named in 224
	282	+	such application and to such relatives and others as it deems advisable. 225
	283	+	The notice shall inform the child (1) that he or she has a right to be 226
	284	+	present at the hearing; (2) that he or she has a right to present evidence 227
	285	+	and to cross-examine witnesses testifying at any hearing upon such 228
	286	+	application; (3) that the court has appointed an attorney to represent 229
	287	+	him or her, and the name, address and telephone number of such 230
	288	+	attorney. Counsel appointed to represent such child shall also be 231
	289	+	appointed guardian ad litem for such child unless the court deems it 232
	290	+	appropriate to appoint a separate guardian ad litem. The fees for 233
	291	+	counsel appointed to represent the child shall be paid by the parents or 234
	292	+	guardian or the estate of such child. The notice to the child's parents or 235
	293	+	legal guardian shall inform them that (A) they have the right to be 236
	294	+	present at the hearing; (B) they have the right to present evidence and 237
	295	+	to cross-examine witnesses testifying at the hearing upon such 238
	296	+	application; and (C) they may be represented by an attorney and if 239
	297	+	they cannot afford an attorney, that the court shall appoint an attorney 240
	298	+	to represent them. The notice to the hospital for mental illness of 241
	299	+	children shall inform such hospital of the time and place of the 242
	300	+	hearing, and request that if such hospital is unable to admit such child, 243
	301	+	it shall so inform the court immediately. Prior to such hearing, counsel 244
	302	+	for the child and counsel for the parents, respectively, in accordance 245
	303	+	with the provisions of section 52-146e, shall be afforded access to all 246
	304	+	records including, without limitation, hospital records if such child is 247
	305	+	hospitalized, and shall be entitled to take notes therefrom. If such child 248
	306	+	is hospitalized at the time of any hearing held under this section, the 249
	307	+	hospital shall make available at such hearing for use by the court or his 250
	308	+	or her counsel and by counsel for the parents all records in its 251
	309	+	possession relating to the child's need for hospitalization. The 252 Raised Bill No. 939
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320		-	compensation shall be established by the Probate Court Administrator 255
321		-	and paid from the Probate Court Administration Fund. 256
322		-	(b) The court hearing the matter shall require a sworn certificate 257
323		-	from [at least two impartial physicians] a psychiatrist selected by the 258
324		-	court. [, one of whom shall be a physician specializing in psychiatry. 259
325		-	Both physicians] The psychiatrist shall be licensed to practice medicine 260
326		-	in this state, [and] shall have practiced medicine for at least one year 261
327		-	and shall not be connected to the hospital to which the petition is being 262
328		-	made or related by blood or marriage to the petitioner or the child. All 263
329		-	appointments shall be made in accordance with procedures adopted 264
330		-	by the Judicial Department. If such [appointments have] appointment 265
331		-	has not already been made for a case transferred from the Probate 266
332		-	Court to the Superior Court under subsections (b) and (c) of section 267
333		-	17a-76, then [such physicians] the psychiatrist shall be appointed as 268
334		-	soon as reasonably possible by the [superior court to which such 269
335		-	matter has been transferred. Each physician] Superior Court. The 270
336		-	psychiatrist shall make a report on a [separate] form adopted for such 271
337		-	purpose by the Probate Court Administrator or the Superior Court. 272
338		-	The [certificates] certificate shall include a statement from [each 273
339		-	physician] the psychiatrist that he or she has personally examined such 274
340		-	child within ten days of the hearing. The charges for [such physicians] 275
341		-	the psychiatrist shall be established by the Judicial Department and 276
342		-	shall be paid in accordance with section 17a-82. 277
343		-	(c) If the child refuses to be examined by the court-appointed 278
344		-	[physicians as herein provided] psychiatrist, the court may issue a 279
345		-	warrant for the apprehension of the child and a police officer for the 280
346		-	town in which such court is located or if there is no such police officer 281
347		-	then the state police shall deliver the child to a general hospital where 282
348		-	the child shall be examined by [two physicians one of whom shall be] a 283
349		-	psychiatrist, in accordance with subsection (b) of this section. If, as a 284
350		-	result of such examination, the child is committed under subsection (e) 285
351		-	of this section, transportation of the child to any such hospital shall be 286
352		-	in accordance with said subsection (e). If the child is not committed 287 Substitute Bill No. 939
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	315	+	reasonable compensation of counsel appointed under the provisions of 253
	316	+	this section for persons who are indigent or otherwise unable to pay 254
	317	+	shall be established by, and paid from funds appropriated to, the 255
	318	+	Judicial Department, however, if funds have not been included in the 256
	319	+	budget of the Judicial Department for such purposes, such 257
	320	+	compensation shall be established by the Probate Court Administrator 258
	321	+	and paid from the Probate Court Administration Fund. 259
	322	+	(b) The court hearing the matter shall require a sworn certificate 260
	323	+	from [at least two impartial physicians] a psychiatrist selected by the 261
	324	+	court. [, one of whom shall be a physician specializing in psychiatry. 262
	325	+	Both physicians] The psychiatrist shall be licensed to practice medicine 263
	326	+	in this state, [and] shall have practiced medicine for at least one year 264
	327	+	and shall not be connected to the hospital to which the petition is being 265
	328	+	made or related by blood or marriage to the petitioner of the child. All 266
	329	+	appointments shall be made in accordance with procedures adopted 267
	330	+	by the Judicial Department. If such [appointments have] appointment 268
	331	+	has not already been made for a case transferred from the Probate 269
	332	+	Court to the Superior Court under subsections (b) and (c) of section 270
	333	+	17a-76, then [such physicians] the psychiatrist shall be appointed as 271
	334	+	soon as reasonably possible by the [superior court to which such 272
	335	+	matter has been transferred. Each physician] Superior Court. The 273
	336	+	psychiatrist shall make a report on a [separate] form adopted for such 274
	337	+	purpose by the Probate Court Administrator or the Superior Court. 275
	338	+	The [certificates] certificate shall include a statement from [each 276
	339	+	physician] the psychiatrist that he or she has personally examined such 277
	340	+	child within ten days of the hearing. The charges for [such physicians] 278
	341	+	the psychiatrist shall be established by the Judicial Department and 279
	342	+	shall be paid in accordance with section 17a-82. 280
	343	+	(c) If the child refuses to be examined by the court-appointed 281
	344	+	[physicians as herein provided] psychiatrist, the court may issue a 282
	345	+	warrant for the apprehension of the child and a police officer for the 283
	346	+	town in which such court is located or if there is no such police officer 284
	347	+	then the state police shall deliver the child to a general hospital where 285
	348	+	the child shall be examined by [two physicians one of whom shall be] a 286 Raised Bill No. 939
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359		-	under subsection (e) of this section, he or she shall be released and the 288
360		-	[reports of such physicians] certificate of the psychiatrist shall be sent 289
361		-	to the [Court of] Probate Court to satisfy the requirement of 290
362		-	examination [of two physicians] by a psychiatrist under subsection (b) 291
363		-	of this section. 292
364		-	(d) The child shall be present at any hearing for his or her 293
365		-	commitment under the provisions of this section, provided the court 294
366		-	may exclude him or her from such portions of the hearing at which 295
367		-	testimony is given which the court determines would be seriously 296
368		-	detrimental to his or her emotional or mental condition. If the child is 297
369		-	medicated at that time, a representative from the hospital shall inform 298
370		-	the court of such fact and of the common effects of such medication. At 299
371		-	the request of counsel for such child or if in the opinion of [at least one 300
372		-	physician] the court-appointed psychiatrist the child could be a danger 301
373		-	to himself or herself or others or it would be detrimental to the child's 302
374		-	health and welfare to travel to the court facility hearing the 303
375		-	application, then such hearing shall be held at the hospital in which the 304
376		-	child is hospitalized. In that event, such hospital shall provide 305
377		-	adequate facilities for such hearing. All interested parties shall have 306
378		-	the right to present evidence and cross-examine witnesses who testify 307
379		-	at any hearing on the application. 308
380		-	(e) If, after such hearing, the court finds by clear and convincing 309
381		-	evidence that the child suffers from a mental disorder, is in need of 310
382		-	hospitalization for treatment, and such treatment is available, and such 311
383		-	hospitalization is the least restrictive available alternative, it shall make 312
384		-	an order for his or her commitment for a definite period not to exceed 313
385		-	six months to a hospital for mental illness of children to be named in 314
386		-	such order. Unless already hospitalized, such order shall direct some 315
387		-	suitable person to convey the child to such hospital together with a 316
388		-	copy of such order. In appointing a person to execute such order, the 317
389		-	court shall give preference to a near relative or friend of the child, so 318
390		-	far as it deems practicable and judicious. All costs for transportation 319
391		-	shall be paid in accordance with section 17a-82. Such hospital shall 320 Substitute Bill No. 939
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	354	+	psychiatrist, in accordance with subsection (b) of this section. If, as a 287
	355	+	result of such examination, the child is committed under subsection (e) 288
	356	+	of this section, transportation of the child to any such hospital shall be 289
	357	+	in accordance with said subsection (e). If the child is not committed 290
	358	+	under subsection (e) of this section, he or she shall be released and the 291
	359	+	[reports of such physicians] certificate of the psychiatrist shall be sent 292
	360	+	to the [Court of] Probate Court to satisfy the requirement of 293
	361	+	examination [of two physicians] by a psychiatrist under subsection (b) 294
	362	+	of this section. 295
	363	+	(d) The child shall be present at any hearing for his or her 296
	364	+	commitment under the provisions of this section, provided the court 297
	365	+	may exclude him or her from such portions of the hearing at which 298
	366	+	testimony is given which the court determines would be seriously 299
	367	+	detrimental to his or her emotional or mental condition. If the child is 300
	368	+	medicated at that time, a representative from the hospital shall inform 301
	369	+	the court of such fact and of the common effects of such medication. At 302
	370	+	the request of counsel for such child or if in the opinion of [at least one 303
	371	+	physician] the court-appointed psychiatrist the child could be a danger 304
	372	+	to himself or herself or others or it would be detrimental to the child's 305
	373	+	health and welfare to travel to the court facility hearing the 306
	374	+	application, then such hearing shall be held at the hospital in which the 307
	375	+	child is hospitalized. In that event, such hospital shall provide 308
	376	+	adequate facilities for such hearing. All interested parties shall have 309
	377	+	the right to present evidence and cross-examine witnesses who testify 310
	378	+	at any hearing on the application. 311
	379	+	(e) If, after such hearing, the court finds by clear and convincing 312
	380	+	evidence that the child suffers from a mental disorder, is in need of 313
	381	+	hospitalization for treatment, and such treatment is available, and such 314
	382	+	hospitalization is the least restrictive available alternative, it shall make 315
	383	+	an order for his or her commitment for a definite period not to exceed 316
	384	+	six months to a hospital for mental illness of children to be named in 317
	385	+	such order. Unless already hospitalized, such order shall direct some 318
	386	+	suitable person to convey the child to such hospital together with a 319
	387	+	copy of such order. In appointing a person to execute such order, the 320 Raised Bill No. 939
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398		-	release the child when it concludes that he or she is no longer in need 321
399		-	of hospitalization. 322
400		-	(f) Any child who has been committed by any court to a hospital for 323
401		-	mental illness of children may be transferred to any other hospital for 324
402		-	mental illness of children upon agreement of the superintendents of 325
403		-	the respective institutions from and to which it is desired to make such 326
404		-	transfer. Such agreement shall be in writing, executed in triplicate and 327
405		-	in accordance with a form prescribed by the Attorney General, which 328
406		-	form shall be uniform throughout the state. One copy of such 329
407		-	agreement shall be filed for record in the court by which such person 330
408		-	was committed and one copy retained in the files of each of the 331
409		-	institutions participating in such transfer. Any such agreement shall 332
410		-	have the same effect as an order of the court committing the person 333
411		-	named in such order. No such transfer shall be made until the parent 334
412		-	or representative of the child has received written notification. The 335
413		-	parent of any child so transferred, or his or her next friend, may make 336
414		-	application to the court which made the order of commitment, for a 337
415		-	revocation or modification of such agreement, and such court shall 338
416		-	order such notice of the time and place of hearing on such application 339
417		-	as it finds reasonable and upon such hearing may revoke, modify or 340
418		-	affirm such transfer. Such application shall act as a stay of any such 341
419		-	order of transfer. Such hospital shall release the child when it 342
420		-	concludes that he or she is no longer in need of hospitalization. 343
421		-	(g) No later than ten days prior to the expiration of the period of 344
422		-	commitment, or prior to the expiration of any period of recommitment 345
423		-	under the provisions of sections 17a-75 to 17a-83, inclusive, an 346
424		-	application for recommitment may be brought by any person to the 347
425		-	court which heard the original application. Such application shall be 348
426		-	brought in conformity with the provisions of this section and section 349
427		-	17a-76, as amended by this act, and may result in a further 350
428		-	commitment for a definite period not to exceed six months. In the 351
429		-	event such an application is filed, the original commitment or 352
430		-	recommitment order shall be extended for a sufficient time to hold a 353 Substitute Bill No. 939
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	393	+	court shall give preference to a near relative or friend of the child, so 321
	394	+	far as it deems practicable and judicious. All costs for transportation 322
	395	+	shall be paid in accordance with section 17a-82. Such hospital shall 323
	396	+	release the child when it concludes that he or she is no longer in need 324
	397	+	of hospitalization. 325
	398	+	(f) Any child who has been committed by any court to a hospital for 326
	399	+	mental illness of children may be transferred to any other hospital for 327
	400	+	mental illness of children upon agreement of the superintendents of 328
	401	+	the respective institutions from and to which it is desired to make such 329
	402	+	transfer. Such agreement shall be in writing, executed in triplicate and 330
	403	+	in accordance with a form prescribed by the Attorney General, which 331
	404	+	form shall be uniform throughout the state. One copy of such 332
	405	+	agreement shall be filed for record in the court by which such person 333
	406	+	was committed and one copy retained in the files of each of the 334
	407	+	institutions participating in such transfer. Any such agreement shall 335
	408	+	have the same effect as an order of the court committing the person 336
	409	+	named in such order. No such transfer shall be made until the parent 337
	410	+	or representative of the child has received written notification. The 338
	411	+	parent of any child so transferred, or his or her next friend, may make 339
	412	+	application to the court which made the order of commitment, for a 340
	413	+	revocation or modification of such agreement, and such court shall 341
	414	+	order such notice of the time and place of hearing on such application 342
	415	+	as it finds reasonable and upon such hearing may revoke, modify or 343
	416	+	affirm such transfer. Such application shall act as a stay of any such 344
	417	+	order of transfer. Such hospital shall release the child when it 345
	418	+	concludes that he or she is no longer in need of hospitalization. 346
	419	+	(g) No later than ten days prior to the expiration of the period of 347
	420	+	commitment, or prior to the expiration of any period of recommitment 348
	421	+	under the provisions of sections 17a-75 to 17a-83, inclusive, an 349
	422	+	application for recommitment may be brought by any person to the 350
	423	+	court which heard the original application. Such application shall be 351
	424	+	brought in conformity with the provisions of this section and section 352
	425	+	17a-76 and may result in a further commitment for a definite period 353
	426	+	not to exceed six months. In the event such an application is filed, the 354 Raised Bill No. 939
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437		-	hearing under this section and section 17a-76, as amended by this act, 354
438		-	but in no event for more than twenty days beyond the expiration of the 355
439		-	original commitment or recommitment. All fees and expenses incurred 356
440		-	upon proceedings required by this section shall be payable as provided 357
441		-	in section 17a-82. 358
442		-	Sec. 3. Subsection (d) of section 17a-76 of the general statutes is 359
443		-	repealed and the following is substituted in lieu thereof (Effective July 360
444		-	1, 2019): 361
445		-	(d) The Probate Court shall appoint an attorney for such child from 362
446		-	the panel of attorneys established by subsection (b) of section 17a-498, 363
447		-	as amended by this act, on the next business day after receipt of the 364
448		-	application, and as soon as reasonably possible shall appoint 365
449		-	[physicians] a psychiatrist as required under section 17a-77, as 366
450		-	amended by this act, which appointments shall remain in full force 367
451		-	and effect notwithstanding the fact that the matter has been transferred 368
452		-	to the Superior Court. 369
453		-	Sec. 4. Subsection (a) of section 17a-497 of the general statutes is 370
454		-	repealed and the following is substituted in lieu thereof (Effective July 371
455		-	1, 2019): 372
456		-	(a) The jurisdiction of the commitment of a person with psychiatric 373
457		-	disabilities to a hospital for psychiatric disabilities shall be vested in 374
458		-	the Probate Court for the district in which such person resides or, 375
459		-	when his or her place of residence is out of the state or unknown, in 376
460		-	which he or she may be at the time of filing the application, except in 377
461		-	cases where it is otherwise expressly provided by law. In any case in 378
462		-	which the person is hospitalized in accordance with the provisions of 379
463		-	sections 17a-498, as amended by this act, 17a-502 or 17a-506, and an 380
464		-	application for the commitment of such person is filed in accordance 381
465		-	with the provisions of said sections, the jurisdiction shall be vested in 382
466		-	the Probate Court for the district in which the hospital where such 383
467		-	person is a patient is located. In the event that an application has been 384
468		-	previously filed in another Probate Court with respect to the same 385 Substitute Bill No. 939
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475		-	confinement, no further action shall be taken on such prior application. 386
476		-	If the respondent is confined to a hospital, notwithstanding the 387
477		-	provisions of section 45a-7, the probate judge from the district where 388
478		-	the application was filed shall hold the hearing on such commitment at 389
479		-	the hospital where such person is confined, if in the opinion of [at least 390
480		-	one of the physicians] the psychiatrist appointed by the court to 391
481		-	examine him, it would be detrimental to the health and welfare of the 392
482		-	respondent to travel to the Probate Court where the application was 393
483		-	filed or if it could be dangerous to the respondent or others for him to 394
484		-	travel to such court. The Probate Court shall exercise such jurisdiction 395
485		-	only upon written application alleging in substance that such person 396
486		-	has psychiatric disabilities and is dangerous to himself or herself or 397
487		-	others or gravely disabled. Such application may be filed by any 398
488		-	person and, if any person with psychiatric disabilities is at large and 399
489		-	dangerous to the community, the first selectman or chief executive 400
490		-	officer of the town in which he or she resides or in which he or she is at 401
491		-	large shall make such application. 402
	432	+	original commitment or recommitment order shall be extended for a 355
	433	+	sufficient time to hold a hearing under this section and section 17a-76, 356
	434	+	but in no event for more than twenty days beyond the expiration of the 357
	435	+	original commitment or recommitment. All fees and expenses incurred 358
	436	+	upon proceedings required by this section shall be payable as provided 359
	437	+	in section 17a-82. 360
	438	+	(h) A psychiatrist appointed to examine a child under the provisions 361
	439	+	of this section shall not be liable in any civil action for damage or 362
	440	+	injury caused in the discharge of the psychiatrist's duties. 363
492	441		This act shall take effect as follows and shall amend the following
493	442		sections:
494	443
495	444		Section 1 July 1, 2019 17a-498
496	445		Sec. 2 July 1, 2019 17a-77
497		-	Sec. 3 July 1, 2019 17a-76(d)
498		-	Sec. 4 July 1, 2019 17a-497(a)
499	446
500		-	Statement of Legislative Commissioners:
501		-	Sections 3 and 4 were added to the bill to make conforming changes
502		-	for consistency with the provisions of sections 1 and 2 of the bill.
503		-
504		-	JUD Joint Favorable Subst.
	447	+	Statement of Purpose:
	448	+	To: (1) Reduce the number of physician evaluations required by the
	449	+	Probate Court when a petition for involuntary commitment to a
	450	+	psychiatric hospital is filed; and (2) provide statutory immunity for the
	451	+	court-appointed psychiatrist who conducts such evaluation.
	452	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	453	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	454	+	not underlined.]
505	455