Connecticut 2020 Regular Session

Connecticut Senate Bill SB00246 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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4	4	LCO No. 1637 1 of 6
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6	6	General Assembly Raised Bill No. 246
7	7	February Session, 2020
8	8	LCO No. 1637
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10	10
11	11	Referred to Committee on PUBLIC HEALTH
12	12
13	13
14	14	Introduced by:
15	15	(PH)
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20	20	AN ACT CONCERNING VA RIOUS REVISIONS TO THE DEPARTMENT
21	21	OF DEVELOPMENTAL SER VICES STATUTES.
22	22	Be it enacted by the Senate and House of Representatives in General
23	23	Assembly convened:
24	24
25	25	Section 1. Subsection (c) of section 17a-247b of the general statutes is 1
26	26	repealed and the following is substituted in lieu thereof (Effective from 2
27	27	passage): 3
28	28	(c) The department shall make information in the registry available 4
29	29	only to: (1) Authorized agencies, for the purpose of protective service 5
30	30	determinations; (2) employers who employ employees to provide 6
31	31	services to an individual who receives services or funding from the 7
32	32	department; (3) [the Departments of Children and Families, Mental 8
33	33	Health and Addiction Services, and Social Services, for the purpose of 9
34	34	determining whether an applicant for employment appears on the 10
35	35	registry] the Department of Administrative Services, for the purpose of 11
36	36	determining whether an applicant for employment with the 12
37	37	Departments of Children and Families, Developmental Services, Mental 13
38	38	Health and Addiction Services and Social Services appears on the 14
39	39	registry; or (4) charitable organizations that recruit volunteers to 15 Raised Bill No. 246
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41	41
42	42
43	43	LCO No. 1637 2 of 6
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45	45	support programs for persons with intellectual disability or autism 16
46	46	spectrum disorder, upon application to and approval by the 17
47	47	commissioner, for purposes of conducting background checks on such 18
48	48	volunteers. 19
49	49	Sec. 2. Subsection (f) of section 17a-238 of the general statutes is 20
50	50	repealed and the following is substituted in lieu thereof (Effective from 21
51	51	passage): 22
52	52	(f) The Commissioner of Developmental Services shall require the 23
53	53	attending physician of any person placed or treated in a residential 24
54	54	facility under the direction of the commissioner to obtain informed 25
55	55	written consent from the following persons prior to authorizing any 26
56	56	[surgical procedure or any] medical treatment or surgical procedure, 27
57	57	excluding routine medical treatment which is necessary to maintain the 28
58	58	general health of the person or to prevent the spread of any 29
59	59	communicable disease: (1) The person if such person is eighteen years 30
60	60	of age or over or is legally emancipated and competent to give such 31
61	61	consent; (2) the parent of a person under eighteen years of age who is 32
62	62	not legally emancipated; or (3) the legal representative of a person of 33
63	63	any age who is adjudicated unable to make informed decisions about 34
64	64	matters relating to such person's medical care. The person whose 35
65	65	consent is required shall be informed of the nature and consequences of 36
66	66	the particular medical treatment or surgical procedure, the reasonable 37
67	67	risks, benefits and purpose of such treatment or [surgical] procedure 38
68	68	and any alternative treatment or surgical [procedures] procedure which 39
69	69	[are] is available. The consent of any person or of any parent or legal 40
70	70	representative of any person may be withdrawn at any time prior to the 41
71	71	commencement of the medical treatment or surgical procedure. The 42
72	72	regional or training school director having custody and control of a 43
73	73	person living in a residential facility may authorize necessary [surgery] 44
74	74	medical treatment or surgical procedure for such person where, in the 45
75	75	opinion of the person's attending physician, the [surgery] medical 46
76	76	treatment or surgical procedure is of an emergency nature and there is 47
77	77	insufficient time to obtain the required written consent provided for in 48
78	78	this section. The attending physician shall prepare a report describing 49 Raised Bill No. 246
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82	82	LCO No. 1637 3 of 6
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84	84	the nature of the emergency which necessitated such [surgery] medical 50
85	85	treatment or surgical procedure and shall file a copy of such report in 51
86	86	the patient's record. 52
87	87	Sec. 3. Section 46a-11c of the general statutes is repealed and the 53
88	88	following is substituted in lieu thereof (Effective from passage): 54
89	89	(a) The commissioner, upon receiving a report that a person with 55
90	90	intellectual disability allegedly is being or has been abused or neglected, 56
91	91	shall make an initial determination whether such person has intellectual 57
92	92	disability, shall determine if the report warrants investigation and shall 58
93	93	cause, in cases that so warrant, a prompt, thorough evaluation to be 59
94	94	made to determine whether the person has intellectual disability and 60
95	95	has been abused or neglected. For the purposes of sections 46a-11a to 61
96	96	46a-11g, inclusive, the determination of intellectual disability may be 62
97	97	made by means of a review of records and shall not require the 63
98	98	commissioner to conduct a full psychological examination of the person. 64
99	99	Any delay in making such determination of intellectual disability shall 65
100	100	not delay the investigation of abuse or neglect or recommendation of 66
101	101	provision of protective services. The evaluation shall include a visit to 67
102	102	the named person with intellectual disability and consultation with 68
103	103	those individuals having knowledge of the facts of the particular case. 69
104	104	All state, local and private agencies shall have a duty to cooperate with 70
105	105	any investigation conducted by the Department of Developmental 71
106	106	Services under this section, including the release of complete records of 72
107	107	the named person for review, inspection and copying, except where the 73
108	108	person with intellectual disability refuses to permit such records to be 74
109	109	released. The commissioner shall have subpoena powers to compel any 75
110	110	information related to such investigation. All records of the named 76
111	111	person shall be kept confidential by said department. Upon completion 77
112	112	of the evaluation of each case, written findings shall be prepared which 78
113	113	shall include a determination of whether abuse or neglect has occurred 79
114	114	and recommendations as to whether protective services are needed. The 80
115	115	commissioner, except in cases where the legal representative is the 81
116	116	alleged or substantiated perpetrator of abuse or neglect or is residing 82
117	117	with the alleged or substantiated perpetrator, shall notify the legal 83 Raised Bill No. 246
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121	121	LCO No. 1637 4 of 6
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123	123	representative, if any, of the person with intellectual disability if a report 84
124	124	of abuse or neglect is made which the commissioner determines 85
125	125	warrants investigation. The commissioner, except in cases where the 86
126	126	legal representative is the alleged or substantiated perpetrator of abuse 87
127	127	or neglect or is residing with the alleged or substantiated perpetrator, 88
128	128	shall provide the legal representative who the commissioner determines 89
129	129	is entitled to such information with further information upon request. 90
130	130	The person filing the report of abuse or neglect shall be notified of the 91
131	131	findings upon such person's request. 92
132	132	(b) The commissioner, upon receiving a report that a person who 93
133	133	receives services from the Department of Social Services' Division of 94
134	134	Autism Spectrum Disorder Services, allegedly is being or has been 95
135	135	abused or neglected, shall make an initial determination whether such 96
136	136	person receives funding or services from said division, shall determine 97
137	137	if the report warrants investigation and shall cause, in cases that so 98
138	138	warrant, a prompt, thorough evaluation, as described in subsection (b) 99
139	139	of section 17a-247f, to be made by the Department of Developmental 100
140	140	Services to determine whether the person has been abused or neglected. 101
141	141	(c) In cases where there is a death of a person with intellectual 102
142	142	disability for whom the Department of Developmental Services has 103
143	143	direct or oversight responsibility for medical care, and there is 104
144	144	reasonable cause to suspect or believe that such death may be due to 105
145	145	abuse or neglect, the commissioner shall conduct an investigation to 106
146	146	determine whether abuse or neglect occurred, except as may be 107
147	147	otherwise required by court order. The commissioner shall establish 108
148	148	protocols for conducting such investigations. 109
149	149	(d) The commissioner shall maintain an electronic copy of the reports 110
150	150	received of alleged abuse or neglect and all evaluation reports. 111
151	151	(e) Neither the original report of alleged abuse or neglect nor the 112
152	152	evaluation report of the investigator which includes findings and 113
153	153	recommendations shall be deemed a public record for purposes of 114
154	154	section 1-210. The original report of alleged abuse or neglect or the 115 Raised Bill No. 246
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158	158	LCO No. 1637 5 of 6
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160	160	evaluation report of the investigator shall not be provided to a legal 116
161	161	representative who is the alleged or substantiated perpetrator of abuse 117
162	162	or neglect or is residing with the alleged or substantiated perpetrator. 118
163	163	The name of the person making the original report shall not be disclosed 119
164	164	to any person unless the person making the original report consents to 120
165	165	such disclosure or unless a judicial proceeding results therefrom. 121
166	166	Sec. 4. (NEW) (Effective from passage) (a) The Department of 122
167	167	Developmental Services shall encourage each operator of a residential 123
168	168	facility, licensed pursuant to section 17a-227 of the general statutes, to 124
169	169	adopt standards and practices that promote energy efficiency and 125
170	170	incorporate environmentally friendly construction materials and 126
171	171	techniques in the construction of any new residential facility. 127
172	172	(b) Any residential facility licensed pursuant to section 17a-227 of the 128
173	173	general statutes may participate in any energy assessment program 129
174	174	available under section 16-245m of the general statutes. A residential 130
175	175	facility participating in such energy assessment program shall provide 131
176	176	a copy of any energy assessment report received by such facility to the 132
177	177	Department of Developmental Services. 133
178	178	(c) Not later than July 1, 2021, the Commissioner of Developmental 134
179	179	Services shall report, in accordance with the provisions of section 11-4a 135
180	180	of the general statutes, to the joint standing committee of the General 136
181	181	Assembly having cognizance of matters relating to public health on (1) 137
182	182	the findings of the energy assessments performed on licensed 138
183	183	residential facilities pursuant to subsection (b) of this section, and (2) 139
184	184	recommendations for energy efficiency improvement in facilities 140
185	185	licensed pursuant to section 17a-227 of the general statutes. 141
186	186	This act shall take effect as follows and shall amend the following
187	187	sections:
188	188
189	189	Section 1 from passage 17a-247b(c)
190	190	Sec. 2 from passage 17a-238(f)
191	191	Sec. 3 from passage 46a-11c
192	192	Sec. 4 from passage New section Raised Bill No. 246
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194	194
195	195
196	196	LCO No. 1637 6 of 6
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199	199	Statement of Purpose:
200	200	To (1) make information in the Department of Developmental Services'
201	201	abuse and neglect registry available to the Department of
202	202	Administrative Services, (2) allow the Commissioner of Developmental
203	203	Services or a Department of Developmental Services regional or training
204	204	school director to consent to emergency medical treatment for an
205	205	individual under the custody or control of the department, (3) restrict
206	206	legal representatives of persons with intellectual disabilities from
207	207	accessing abuse and neglect reports when the legal representative is the
208	208	alleged perpetrator of such abuse or neglect or is residing with the
209	209	alleged perpetrator, and (4) encourage licensed residential facilities to
210	210	adopt standards that promote energy efficiency and incorporate
211	211	environmentally friendly building materials.
212	212	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
213	213	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
214	214	underlined.]
215	215