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General Assembly Raised Bill No. 416
January Session, 2021
LCO No. 2229
Referred to Committee on PUBLIC HEALTH
Introduced by:
(PH)
AN ACT CONCERNING VA RIOUS REVISIONS TO THE DEPARTMENT
OF DEVELOPMENTAL SER VICES STATUTES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (c) of section 17a-247b of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective from 2
passage): 3
(c) The department shall make information in the registry available 4
only to: (1) Authorized agencies, for the purpose of protective service 5
determinations; (2) employers who employ employees to provide 6
services to an individual who receives services or funding from the 7
department; (3) the [Departments of Children and Families, Mental 8
Health and Addiction Services, and Social Services] Department of 9
Administrative Services, for the purpose of determining whether an 10
applicant for employment with the Departments of Children and 11
Families, Developmental Services, Mental Health and Addiction 12
Services and Social Services appears on the registry; or (4) charitable 13
organizations that recruit volunteers to support programs for persons 14
with intellectual disability or autism spectrum disorder, upon 15 Raised Bill No. 416
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application to and approval by the commissioner, for purposes of 16
conducting background checks on such volunteers. 17
Sec. 2. Subsection (f) of section 17a-238 of the general statutes is 18
repealed and the following is substituted in lieu thereof (Effective from 19
passage): 20
(f) The Commissioner of Developmental Services shall require the 21
attending physician of any person placed or treated in a residential 22
facility under the direction of the commissioner to obtain informed 23
written consent from the following persons prior to authorizing any 24
[surgical procedure or any] medical treatment or surgical procedure, 25
excluding routine medical treatment which is necessary to maintain the 26
general health of the person or to prevent the spread of any 27
communicable disease: (1) The person if such person is eighteen years 28
of age or over or is legally emancipated and competent to give such 29
consent; (2) the parent of a person under eighteen years of age who is 30
not legally emancipated; or (3) the legal representative of a person of 31
any age who is adjudicated unable to make informed decisions about 32
matters relating to such person's medical care. The person whose 33
consent is required shall be informed of the nature and consequences of 34
the particular medical treatment or surgical procedure, the reasonable 35
risks, benefits and purpose of such medical treatment or surgical 36
procedure and any alternative medical treatment or surgical 37
[procedures] procedure which [are] is available. The consent of any 38
person or of any parent or legal representative of any person may be 39
withdrawn at any time prior to the commencement of the medical 40
treatment or surgical procedure. The regional or training school director 41
having custody and control of a person living in a residential facility 42
may authorize necessary [surgery] medical treatment or surgical 43
procedure for such person where, in the opinion of the person's 44
attending physician, the [surgery] medical treatment or surgical 45
procedure is of an emergency nature and there is insufficient time to 46
obtain the required written consent provided for in this section. The 47
attending physician shall prepare a report describing the nature of the 48
emergency which necessitated such [surgery] medical treatment or 49 Raised Bill No. 416
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surgical procedure and shall file a copy of such report in the patient's 50
record. 51
Sec. 3. Section 46a-11c of the general statutes is repealed and the 52
following is substituted in lieu thereof (Effective from passage): 53
(a) The commissioner, upon receiving a report that a person with 54
intellectual disability allegedly is being or has been abused or neglected, 55
shall make an initial determination whether such person has intellectual 56
disability, shall determine if the report warrants investigation and shall 57
cause, in cases that so warrant, a prompt, thorough evaluation to be 58
made to determine whether the person has intellectual disability and 59
has been abused or neglected. For the purposes of sections 46a-11a to 60
46a-11g, inclusive, the determination of intellectual disability may be 61
made by means of a review of records and shall not require the 62
commissioner to conduct a full psychological examination of the person. 63
Any delay in making such determination of intellectual disability shall 64
not delay the investigation of abuse or neglect or recommendation of 65
provision of protective services. The evaluation shall include a visit to 66
the named person with intellectual disability and consultation with 67
those individuals having knowledge of the facts of the particular case. 68
All state, local and private agencies shall have a duty to cooperate with 69
any investigation conducted by the Department of Developmental 70
Services under this section, including the release of complete records of 71
the named person for review, inspection and copying, except where the 72
person with intellectual disability refuses to permit such records to be 73
released. The commissioner shall have subpoena powers to compel any 74
information related to such investigation. All records of the named 75
person shall be kept confidential by said department. Upon completion 76
of the evaluation of each case, written findings shall be prepared which 77
shall include a determination of whether abuse or neglect has occurred 78
and recommendations as to whether protective services are needed. The 79
commissioner, except in cases where the legal representative is the 80
alleged or substantiated perpetrator of abuse or neglect or is residing 81
with the alleged or substantiated perpetrator, shall notify the legal 82
representative, if any, of the person with intellectual disability if a report 83 Raised Bill No. 416
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of abuse or neglect is made which the commissioner determines 84
warrants investigation. The commissioner, except in cases where the 85
legal representative is the alleged or substantiated perpetrator of abuse 86
or neglect or is residing with the alleged or substantiated perpetrator, 87
shall provide the legal representative who the commissioner determines 88
is entitled to such information with further information upon request. 89
The person filing the report of abuse or neglect shall be notified of the 90
findings upon such person's request. 91
(b) The commissioner, upon receiving a report that a person who 92
receives services from the Department of Social Services' Division of 93
Autism Spectrum Disorder Services, allegedly is being or has been 94
abused or neglected, shall make an initial determination whether such 95
person receives funding or services from said division, shall determine 96
if the report warrants investigation and shall cause, in cases that so 97
warrant, a prompt, thorough evaluation, as described in subsection (b) 98
of section 17a-247f, to be made by the Department of Developmental 99
Services to determine whether the person has been abused or neglected. 100
(c) In cases where there is a death of a person with intellectual 101
disability for whom the Department of Developmental Services has 102
direct or oversight responsibility for medical care, and there is 103
reasonable cause to suspect or believe that such death may be due to 104
abuse or neglect, the commissioner shall conduct an investigation to 105
determine whether abuse or neglect occurred, except as may be 106
otherwise required by court order. The commissioner shall establish 107
protocols for conducting such investigations. 108
(d) The commissioner shall maintain an electronic copy of the reports 109
received of alleged abuse or neglect and all evaluation reports. 110
(e) Neither the original report of alleged abuse or neglect nor the 111
evaluation report of the investigator which includes findings and 112
recommendations shall be deemed a public record for purposes of 113
section 1-210. The original report of alleged abuse or neglect or the 114
evaluation report of the investigator shall not be provided to a legal 115 Raised Bill No. 416
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representative who is the alleged or substantiated perpetrator of abuse 116
or neglect or is residing with the alleged or substantiated perpetrator. 117
The name of the person making the original report shall not be disclosed 118
to any person unless the person making the original report consents to 119
such disclosure or unless a judicial proceeding results therefrom. 120
Sec. 4. Section 17a-217a of the general statutes is repealed and the 121
following is substituted in lieu thereof (Effective from passage): 122
(a) There shall be a Camp Harkness Advisory Committee to advise 123
the Commissioner of Developmental Services with respect to issues 124
concerning the health and safety of persons who attend and utilize the 125
facilities at Camp Harkness. The advisory committee shall be composed 126
of twelve members as follows: (1) Six members appointed by the 127
Governor, one of whom shall be the director of Camp Harkness, who 128
shall serve ex officio, one of whom shall represent [the Southeastern 129
Connecticut Association for Developmental Disabilities] a mental health 130
organization that uses the camp, one of whom shall represent the 131
Southbury Training School, one of whom shall represent [the] The Arc 132
of [New London County] Eastern Connecticut, one of whom shall be a 133
person who uses the camp on a residential basis and one of whom shall 134
be a relative or guardian of a person who uses the camp; and (2) six 135
members appointed by the General Assembly, one of whom shall be a 136
relative or guardian of a person who uses the camp, who shall be 137
appointed by the president pro tempore of the Senate; one of whom 138
shall be a [member of the Family Support Council established pursuant 139
to section 17a-219c and represent persons who use the camp on a day 140
basis] special education director, who shall be appointed by the speaker 141
of the House of Representatives; one of whom shall represent the board 142
of selectmen of the town of Waterford, who shall be appointed by the 143
majority leader of the House of Representatives; one of whom shall 144
represent a private nonprofit corporation that is: (A) Tax exempt under 145
Section 501(c)(3) of the Internal Revenue Code of 1986, or any 146
subsequent internal revenue code of the United States, as amended from 147
time to time, and (B) established to promote and support Camp 148
Harkness and its camping programs, who shall be appointed by the 149 Raised Bill No. 416
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majority leader of the Senate; one of whom shall represent the 150
Connecticut Institute for the Blind and the Oak Hill School, who shall 151
be appointed by the minority leader of the House of Representatives; 152
and one of whom shall represent [the United Cerebral Palsy 153
Association] Sunrise Northeast, Inc., who shall be appointed by the 154
minority leader of the Senate. 155
(b) The advisory committee shall promote communication regarding 156
camp services and develop recommendations for the commissioner 157
regarding the use of Camp Harkness. 158
Sec. 5. Section 45a-681 of the general statutes is repealed and the 159
following is substituted in lieu thereof (Effective from passage): 160
(a) The court shall review each guardianship at least every three years 161
and shall either continue, modify or terminate the order for 162
guardianship. Pursuant to such review: 163
(1) The court shall receive and review written evidence as to the 164
condition of the protected person. Except as provided in subdivision (2) 165
of this subsection, the guardian and a Department of Developmental 166
Services professional or, if requested by the protected person or by the 167
court, an assessment team appointed by the Commissioner of 168
Developmental Services or the commissioner's designee shall each 169
submit a written report to the court not later than forty-five days after 170
the court's request for such report. 171
(2) In the case of a protected person who is functioning adaptively 172
and intellectually within the severe or profound range of intellectual 173
disability, as determined by the Department of Developmental Services, 174
the court shall receive and review written reports as to the condition of 175
the protected person only from the guardian, except that the court may 176
require a Department of Developmental Services professional or 177
assessment team to submit a written report as to the condition of the 178
protected person. 179
(3) The Department of Developmental Services professional or 180 Raised Bill No. 416
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assessment team shall personally observe or examine the protected 181
person within the forty-five-day period preceding the date it submits 182
any report under subdivision (4) of this subsection. 183
(4) Each written report shall be submitted to the court not later than 184
forty-five days after the court's request for such report. On receipt of a 185
written report from the guardian or a Department of Developmental 186
Services professional or assessment team, the court shall provide a copy 187
of the report to the attorney for the protected person. 188
(5) The written report or testimony by the Department of 189
Developmental Services professional or assessment team shall not be 190
required for the court's review of guardianship pursuant to this section 191
if the protected person has been determined ineligible for services of the 192
Department of Developmental Services by the commissioner or his or 193
her designee, provided such denial of eligibility is based on the 194
determination that the individual does not have intellectual disability as 195
defined in section 1-1g. A copy of the eligibility determination letter 196
indicating that the basis of ineligibility is the absence of intellectual 197
disability, as defined in section 1-1g, shall be provided to the court in 198
lieu of a report by the assessment team and no further assessment by the 199
team shall be required. 200
[(5)] (6) Not later than thirty days after the attorney for the protected 201
person receives a copy of a report pursuant to subdivision (4) of this 202
subsection, the protected person's attorney shall (A) meet with the 203
protected person concerning the report, and (B) provide written notice 204
to the court (i) that the protected person's attorney has met with the 205
protected person, and (ii) indicating whether a hearing is requested. 206
Nothing in this section shall prevent the protected person or the 207
protected person's attorney from requesting a hearing at any other time 208
as permitted by law. 209
[(6)] (7) If the protected person is unable to request or obtain an 210
attorney, the court shall appoint an attorney for the protected person. If 211
the protected person is unable to pay for the services of the attorney, the 212 Raised Bill No. 416
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reasonable compensation of such attorney shall be established by, and 213
paid from funds appropriated to, the Judicial Department; however, if 214
funds have not been included in the budget of the Judicial Department 215
for such purposes, such compensation shall be established by the 216
Probate Court Administrator and paid from the Probate Court 217
Administration Fund. 218
(b) If the court determines, after receipt of the reports from the 219
Department of Developmental Services professional or assessment team 220
and the guardian, and notice from the attorney for the protected person, 221
that there has been no change in the condition of the protected person 222
since the last preceding review by the court, a hearing on the condition 223
of the protected person shall not be required, but the court, in its 224
discretion, may hold such hearing. If the protected person's attorney, the 225
Department of Developmental Services professional or assessment team 226
or the guardian requests a hearing, the court shall hold a hearing within 227
thirty days of such request. No order expanding or reducing the powers 228
and responsibilities of a guardian shall be issued unless such hearing is 229
held. 230
Sec. 6. Subsection (b) of section 45a-674 of the general statutes is 231
repealed and the following is substituted in lieu thereof (Effective from 232
passage): 233
(b) The written report or testimony by the assessment team shall not 234
be required for a hearing on the appointment of a plenary guardian or 235
limited guardian if the individual has been determined ineligible for 236
services of the Department of Developmental Services by the 237
commissioner or his or her designee, provided such denial of eligibility 238
is based on the determination that the individual does not have 239
intellectual disability as defined in section 1-1g. A copy of the eligibility 240
determination letter indicating that the basis of ineligibility is the 241
absence of intellectual disability, as defined in section 1-1g, shall be 242
provided to the Probate Court in lieu of a report by the assessment team 243
and no further assessment by the team, including any subsequent 244
assessment requested pursuant to subsection (a) of section 45a-681, as 245 Raised Bill No. 416
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amended by this act, shall be required. 246
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 17a-247b(c)
Sec. 2 from passage 17a-238(f)
Sec. 3 from passage 46a-11c
Sec. 4 from passage 17a-217a
Sec. 5 from passage 45a-681
Sec. 6 from passage 45a-674(b)
Statement of Purpose:
To (1) make information in the Department of Developmental Services'
abuse and neglect registry available to the Department of
Administrative Services, (2) allow the Commissioner of Developmental
Services or a Department of Developmental Services regional or training
school director to consent to emergency medical treatment for an
individual under the custody or control of the department, (3) restrict
legal representatives of persons with intellectual disabilities from
accessing abuse and neglect reports when the legal representative is the
alleged perpetrator of such abuse or neglect or is residing with the
alleged perpetrator, (4) update the membership of the Camp Harkness
Advisory Committee, and (5) excuse the Department of Developmental
Services from assessments of individuals in the context of a review of
guardianship by the Probate Court where the department has
previously determined that such individual does not have 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.]