O F F I C E O F L E G I S L A T I V E R E S E A R C H
P U B L I C A C T S U M M A R Y
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PA 21-135—sSB 416
Public Health Committee
AN ACT CONCERNING VA RIOUS REVISIONS TO T HE
DEPARTMENT OF DEVELO PMENTAL SERVICES STA TUTES
SUMMARY: This act 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 act also makes technical and conforming changes.
EFFECTIVE DATE: Upon passage
§ 1 — DAS ACCESS TO DDS ABUSE AND NEGLECT REGISTRY
By law, DDS maintains a registry of certain former employees 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 act 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. Existing law already grants these other agencies 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.
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§ 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 act 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 get 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, as is already the case for emergency surgery, the attending
physician must prepare a report describing the nature of the emergency that made
the treatment necessary and file a copy in the patient’s record.
§ 3 — ABUSE AND NEGLECT INVESTIGATIONS
By law, when DDS determines that reported abuse or neglect warrants an
investigation the department must notify the victim’s legal representative, unless
the representative is the alleged perpetrator or resides with the alleged perpetrator.
The act extends this exception to cases where the representative is, or resides
with, the substantiated perpetrator.
The act creates an exception to the existing requirement for DDS, upon
request, to provide the legal representative with further information if the
commissioner determined that the representative was entitled to it. The act
eliminates this requirement in cases where the representative is, or resides with,
the alleged or substantiated perpetrator.
The act 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 the table below, the act updates the qualifications for four appointments to
reflect a name change or closure of certain entities.
Updates to Camp Harkness Advisory Committee Appointments*
Appointing
Authority
Prior Law The Act
Governor Representative of the
Southeastern Connecticut
Association for Developmental
Disabilities
Representative of a mental health
organization that uses the camp O L R P U B L I C A C T S U M M A R Y
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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
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 act.
Camp Harkness, located in Waterford, is exclusively for 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 act
eliminates the requirement that the DDS professional or assessment team submit a
written report or testimony to the court if DDS determined that the individual
does not have an intellectual disability, and is therefore 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 that the individual does not have
intellectual disability (CGS § 45a-674(b)).