Researcher: JO Page 1 3/9/21
OLR Bill Analysis
sSB 416
AN ACT CONCERNING VARIOUS REVISIONS TO THE
DEPARTMENT OF DEVELOPMENTAL SERVICES STATUTES.
SUMMARY
This bill makes various changes to Department of Developmental
Services (DDS)-related statutes, including:
1. making information in DDS’s abuse and neglect registry
available to the Department of Administrative Services (DAS) to
determine whether an applicant for employment with DDS or
certain other state agencies appears on the registry;
2. allowing DDS regional or training school directors to consent to
emergency medical treatment for an individual under their
custody or control, under the same conditions and procedures
that already apply to emergency surgery;
3. expanding the circumstances under which perpetrators of abuse
or neglect, or individuals who live with them, are denied access
to certain information about DDS’s investigation;
4. updating appointments to the Camp Harkness Advisory
Committee to reflect name changes for certain entities and
making related changes; and
5. requiring DDS to submit an individual’s eligibility denial letter,
rather than a reassessment, to the probate court during
guardianship reviews for adults determined ineligible for DDS
services.
The bill also makes technical and conforming changes.
EFFECTIVE DATE: Upon passage 2021SB-00416-R000034-BA.DOCX
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§ 1 — DAS ACCESS TO DDS AB USE AND NEGLECT REGI STRY
By law, DDS maintains a registry of certain people fired from their
jobs because of a substantiated abuse or neglect complaint against
them. These are individuals who were employed by DDS, or an
agency, organization, or person who DDS licenses or funds. The
information is available only to certain agencies and employers for
specified purposes.
The bill makes information in the registry available to DAS for
determining whether an applicant for employment with certain state
agencies appears on the registry. Specifically, this applies to applicants
at DDS or the departments of children and families, mental health and
addiction services, and social services. These other agencies already
have access to the registry to determine whether applicants appear on
it.
In practice, pursuant to the governor’s Executive Order 2, DAS
generally oversees human resources functions for executive branch
agencies.
§ 2 — EMERGENCY MEDICAL TR EATMENT
Under certain circumstances, existing law allows a DDS regional or
training school director to consent to emergency surgery for an
individual under their custody or control living in a residential facility.
The bill extends this authority to include other kinds of emergency
medical treatment, under the same conditions and procedures that
already apply to surgery.
Thus, this authority applies when (1) the individual’s attending
physician determines that the treatment is of an emergency nature and
(2) there is insufficient time to obtain the written consent otherwise
required (i.e., from the individual, a parent of a minor, or the legal
representative if the individual is adjudicated unable to make
informed decisions about medical care).
Additionally, the attending physician must prepare a report
describing the nature of the emergency that made the treatment 2021SB-00416-R000034-BA.DOCX
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necessary and file a copy in the patient’s record.
§ 3 — ABUSE AND NEGLECT IN VESTIGATIONS
When DDS determines that reported abuse or neglect warrants an
investigation, existing law requires the department to notify the
victim’s legal representative, unless the representative is the alleged
perpetrator or resides with the alleged perpetrator. The bill extends
this exception to cases where the representative is, or resides with, the
substantiated perpetrator.
Current law requires DDS to provide the legal representative with
further information upon request, if the commissioner determines that
the representative is entitled to it. The bill creates an exception for
cases where the representative is, or resides with, the alleged or
substantiated perpetrator.
The bill also prohibits DDS from providing the original abuse report
or the investigator’s evaluation report to a legal representative who is,
or resides with, the alleged or substantiated perpetrator.
§ 4 — CAMP HARKNESS ADVISO RY COMMITTEE
By law, a 12-member committee advises the DDS commissioner on
issues concerning the health and safety of users of Camp Harkness
facilities. As shown in Table 1, the bill updates the qualifications for
four appointments to reflect a change in name or closure of certain
entities.
Table 1: Updates to Camp Harkness Advisory Committee Appointments*
Appointing
Authority
Current Law The Bill
Governor Representative of the
Southeastern Connecticut
Association for Developmental
Disabilities
Representative of a mental health
organization that uses the camp
Governor Representative of The Arc of
New London County
Representative of The Arc of
Eastern Connecticut
House
speaker
Member of DDS’s Family
Support Council who
represents day camp users
Special education director 2021SB-00416-R000034-BA.DOCX
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Senate
minority
leader
Representative of the United
Cerebral Palsy Association
Representative of Sunrise
Northeast Inc.
* Under existing law, there are eight additional committee members whose
qualifications are unchanged by the bill.
Camp Harkness, located in Waterford, is dedicated to exclusive use
by individuals with disabilities and their accompanying family and
friends.
§ 5 — GUARDIANSHIP REVIEWS
By law, the probate court must review an adult’s guardianship at
least every three years to determine whether to continue, modify, or
terminate it. The bill eliminates the requirement that the DDS
assessment team submit a written report or testimony to the court, if
DDS determined that the individual does not have an intellectual
disability and thus is ineligible for DDS services. It instead (1) requires
DDS to provide the court with a copy of the eligibility determination
letter and (2) specifies that the team is not required to further evaluate
the individual.
This change corresponds to existing law for the initial appointment
of a guardian in cases where DDS determines the individual does not
have intellectual disability (CGS § 45a-674(b)).
COMMITTEE ACTION
Public Health Committee
Joint Favorable Substitute
Yea 33 Nay 0 (02/22/2021)