Connecticut 2021 2021 Regular Session

Connecticut House Bill HB06637 Comm Sub / Bill

Filed 04/19/2021

                     
 
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General Assembly  Substitute Bill No. 6637  
January Session, 2021 
 
 
 
 
 
AN ACT CONCERNING A MENTAL HEALTH BILL O F RIGHTS FOR 
DEAF, DEAFBLIND AND HARD OF HEARING PERS ONS.  
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. (NEW) (Effective July 1, 2021) As used in this section, section 1 
2 of this act and sections 4-61aa, 46a-27, 46a-28 and 46a-29 of the general 2 
statutes, as amended by this act: 3 
(1) "Deaf person" means a person who has a hearing loss which is so 4 
severe that the person has difficulty in processing linguistic information 5 
through hearing, with or without amplification or other assistive 6 
technology; 7 
(2) "Deafblind person" means a person who has both a hearing loss 8 
and a visual loss that present challenges in (A) processing linguistic 9 
information through hearing and sight, and (B) functioning 10 
independently as a sighted person without training; 11 
(3) "Hard of hearing person" means a person who has a hearing loss, 12 
whether permanent or fluctuating, which may be corrected by 13 
amplification or other assistive technology or means but presents 14 
challenges in processing linguistic information through hearing; 15 
(4) "American Sign Language" or "ASL" means the visual language 16  Substitute Bill No. 6637 
 
 
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used by deaf and hard of hearing persons in the United States and 17 
Canada, with semantic, syntactic, morphological and phonological rules 18 
distinct from the English language; 19 
(5) "English-based manual or sign system" means a sign system that 20 
uses manual signs in English language word order, sometimes with 21 
added affixes that are not present in ASL; 22 
(6) "Oral, aural or speech-based system" means a communication 23 
system which uses a deaf or hard of hearing person's speech or residual 24 
hearing abilities, with or without the assistance of technology or cues; 25 
(7) "Language, communication mode or style" means one or more of 26 
the following: (A) ASL, (B) English-based manual or sign systems, (C) a 27 
minimal sign language system to communicate with persons who use 28 
home-based signs, idiosyncratic signs or a sign system or language from 29 
another country, (D) oral, aural or speech-based systems with or 30 
without assistive technology, and (E) tactile method ASL or protactile 31 
ASL as used by deaf-blind persons; 32 
(8) "Primary language, communication mode or style" means the 33 
language, communication mode or style which is preferred by and most 34 
effective for a particular person, or as determined by an appropriate 35 
language assessment undertaken by persons proficient in the language, 36 
communication mode or style being assessed; 37 
(9) "Culturally and linguistically affirmative mental health services" 38 
means the provision of a full continuum of mental health services to a 39 
deaf, deafblind or hard of hearing person through an appropriately 40 
licensed mental health professional fluent in the primary language, 41 
communication mode or style and cultural needs of the person requiring 42 
such services; and 43 
(10) "Accessible mental health services" means the provision of a full 44 
continuum of mental health services with the use of auxiliary aids and 45 
services necessary for a deaf, deafblind or hard of hearing person to 46 
communicate with appropriately qualified mental health professionals 47  Substitute Bill No. 6637 
 
 
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who are not fluent in the primary language, communication mode or 48 
style of the person requiring such services, including, but not limited to, 49 
qualified interpreters utilizing the language or communication mode 50 
used by such person, written communications or assistive listening 51 
devices. 52 
Sec. 2. (NEW) (Effective July 1, 2021) (a) There is established a bill of 53 
rights for deaf, deafblind and hard of hearing persons in need of mental 54 
health services. The rights afforded such persons, pursuant to 55 
subsection (b) of this section, shall be available to such persons only to 56 
the extent that such rights are implemented in accordance with other 57 
provisions of the general statutes, state policies, procedures and 58 
regulations, federal law, the Constitution of the state and the 59 
Constitution of the United States. 60 
(b) A deaf, deafblind or hard of hearing person has a right to: 61 
(1) Culturally and linguistically affirmative mental health services 62 
that accommodate the unique needs of such person; 63 
(2) Accessible mental health services delivered in such person's 64 
primary language, communication mode or style; 65 
(3) Specialized mental health services when necessary that provide 66 
appropriate and fully accessible counseling and therapeutic options 67 
using an appropriate oral, aural or speech-based system tailored to the 68 
unique needs of such person; 69 
(4) Express his or her opinion in determining the extent, content and 70 
purpose of mental health treatment or services that accommodate the 71 
unique needs of such person; 72 
(5) Programs offering access to a full continuum of services, 73 
including, but not limited to, all modes of therapy and evaluations; 74 
(6) Programs informed by appropriate research, curricula, staff and 75 
outreach; and 76  Substitute Bill No. 6637 
 
 
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(7) Express his or her views concerning the development and 77 
implementation of state and regional programs for the mental health 78 
service needs of such person. 79 
Sec. 3. Subsection (a) of section 4-61aa of the general statutes is 80 
repealed and the following is substituted in lieu thereof (Effective July 1, 81 
2021): 82 
(a) For purposes of this section, "state Americans with Disabilities Act 83 
coordinator" means the person appointed by the Governor to coordinate 84 
state compliance with the federal Americans with Disabilities Act of 85 
1990. There is established a committee to advise the state Americans 86 
with Disabilities Act coordinator. The state Americans with Disabilities 87 
Act coordinator shall appoint the members of the committee, which 88 
shall be chaired by said coordinator, or his designee, and include at least 89 
one representative of each of the following: 90 
(1) The Board of Education and Services to the Blind; 91 
(2) The Advisory Board for Persons Who are Deaf, [or] Hard of 92 
Hearing or Deafblind; 93 
(3) The Department of Aging and Disability Services; 94 
(4) The Department of Mental Health and Addiction Services; 95 
(5) The Department of Developmental Services; 96 
(6) The Labor Department; 97 
(7) The Department of Administrative Services; and 98 
(8) The Commission on Human Rights and Opportunities. 99 
Sec. 4. Section 46a-27 of the general statutes is repealed and the 100 
following is substituted in lieu thereof (Effective July 1, 2021): 101 
The Advisory Board for Persons Who are Deaf, [or] Hard of Hearing 102  Substitute Bill No. 6637 
 
 
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or Deafblind is hereby created to advocate, strengthen and advise the 103 
Governor and the General Assembly concerning state policies affecting 104 
persons who are deaf, [or] hard of hearing or deafblind and their 105 
relationship to the public, industry, health care and educational 106 
opportunity. The board shall: 107 
(1) Monitor services for persons who are deaf, [or] hard of hearing or 108 
deafblind;  109 
(2) Periodically meet with the Commissioners of Public Health, Social 110 
Services, Mental Health and Addiction Services, Education, 111 
Developmental Services, and Children and Families and the Labor 112 
Commissioner, or the commissioners' designees, to discuss best 113 
practices and gaps in services for persons who are deaf, [or] hard of 114 
hearing or deafblind; 115 
(3) Refer persons with complaints concerning the qualification and 116 
registration of interpreters for persons who are deaf, [or] hard of hearing 117 
or deafblind to the entity designated pursuant to section 46a-10b; 118 
(4) Make recommendations for (A) technical assistance and resources 119 
for state agencies in order to serve persons who are deaf, [or] hard of 120 
hearing or deafblind; (B) public policy and legislative changes needed 121 
to address gaps in services; and (C) the qualifications and registration of 122 
interpreters pursuant to section 46a-33a. The board shall submit such 123 
recommendations, in accordance with section 11-4a, to the Governor 124 
and the joint standing committee of the General Assembly having 125 
cognizance of matters relating to human services.  126 
Sec. 5. Subsection (a) of section 46a-28 of the general statutes is 127 
repealed and the following is substituted in lieu thereof (Effective July 1, 128 
2021): 129 
(a) The Advisory Board for Persons Who are Deaf, [or] Hard of 130 
Hearing or Deafblind shall consist of the following sixteen members 131 
appointed by the Governor: (1) The consultant appointed by the State 132 
Board of Education in accordance with section 10-316a, or the 133  Substitute Bill No. 6637 
 
 
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consultant's designee; (2) the president of the Connecticut Council of 134 
Organizations Serving the Deaf, or the president's designee; (3) the 135 
president of the Connecticut Association of the Deaf, or the president's 136 
designee; (4) the president of the Connecticut Registry of Interpreters 137 
for the Deaf, or the president's designee; (5) the Commissioner of Aging 138 
and Disability Services, or the commissioner's designee; (6) the 139 
executive director of the American School for the Deaf, or the executive 140 
director's designee; (7) a parent of a student in a predominantly oral 141 
education program; (8) a parent of a student at the American School for 142 
the Deaf; (9) a person who is deaf; (10) a person who is hard of hearing; 143 
(11) a person who is [deaf and blind] deafblind; (12) an interpreting 144 
professional who serves deaf, [or] hard of hearing or deafblind persons; 145 
(13) a healthcare professional who works with persons who are deaf, 146 
[or] hard of hearing or deafblind; (14) the Governor's liaison to the 147 
disability community; (15) an educator who works with children who 148 
are deaf, [or] hard of hearing or deafblind; and (16) the director of the 149 
Connecticut Chapter of We the Deaf People. The Commissioner of 150 
Aging and Disability Services, the Governor's liaison to the disability 151 
community and a member chosen by the majority of the board shall be 152 
the chairpersons of the advisory board. 153 
Sec. 6. Subsection (b) of section 46a-29 of the general statutes is 154 
repealed and the following is substituted in lieu thereof (Effective July 1, 155 
2021): 156 
(b) The Commissioner of Education shall assign one vocational 157 
rehabilitation consultant to act as a liaison staff member of the Advisory 158 
Board for Persons Who are Deaf, [or] Hard of Hearing or Deafblind. 159 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 July 1, 2021 New section 
Sec. 2 July 1, 2021 New section 
Sec. 3 July 1, 2021 4-61aa(a) 
Sec. 4 July 1, 2021 46a-27  Substitute Bill No. 6637 
 
 
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Sec. 5 July 1, 2021 46a-28(a) 
Sec. 6 July 1, 2021 46a-29(b) 
 
HS Joint Favorable Subst.