Connecticut 2021 Regular Session

Connecticut Senate Bill SB00416 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+
	2	+
	3	+	LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00416-R01-
	4	+	SB.docx
	5	+	1 of 8
	6	+
	7	+	General Assembly Substitute Bill No. 416
	8	+	January Session, 2021
1	9
2	10
3	11
4		-	Substitute Senate Bill No. 416
5		-
6		-	Public Act No. 21-135
7	12
8	13
9		-	AN ACT CONCERNING ~~VARIOUS~~ REVISIONS TO THE
10		-	~~DEPARTMENT~~ OF DEVELOPMENTAL ~~SERVICES~~ STATUTES.
	14	+	AN ACT CONCERNING VA RIOUS REVISIONS TO THE DEPARTMENT
	15	+	OF DEVELOPMENTAL SER VICES STATUTES.
11	16		Be it enacted by the Senate and House of Representatives in General
12	17		Assembly convened:
13	18
14		-	Section 1. Subsection (c) of section 17a-247b of the general statutes is
15		-	repealed and the following is substituted in lieu thereof (Effective from
16		-	passage):
17		-	(c) The department shall make information in the registry available
18		-	only to: (1) Authorized agencies, for the purpose of protective service
19		-	determinations; (2) employers who employ employees to provide
20		-	services to an individual who receives services or funding from the
21		-	department; (3) the Departments of Children and Families, Mental
22		-	Health and Addiction Services, [and] Social Services and
23		-	Administrative Services, for the purpose of determining whether an
24		-	applicant for employment with the Departments of Children and
25		-	Families, Developmental Services, Mental Health and Addiction
26		-	Services and Social Services appears on the registry; or (4) charitable
27		-	organizations that recruit volunteers to support programs for persons
28		-	with intellectual disability or autism spectrum disorder, upon
29		-	application to and approval by the commissioner, for purposes of
30		-	conducting background checks on such volunteers. Substitute Senate Bill No. 416
	19	+	Section 1. Subsection (c) of section 17a-247b of the general statutes is 1
	20	+	repealed and the following is substituted in lieu thereof (Effective from 2
	21	+	passage): 3
	22	+	(c) The department shall make information in the registry available 4
	23	+	only to: (1) Authorized agencies, for the purpose of protective service 5
	24	+	determinations; (2) employers who employ employees to provide 6
	25	+	services to an individual who receives services or funding from the 7
	26	+	department; (3) the Departments of Children and Families, Mental 8
	27	+	Health and Addiction Services, [and] Social Services and 9
	28	+	Administrative Services, for the purpose of determining whether an 10
	29	+	applicant for employment with the Departments of Children and 11
	30	+	Families, Developmental Services, Mental Health and Addiction 12
	31	+	Services and Social Services appears on the registry; or (4) charitable 13
	32	+	organizations that recruit volunteers to support programs for persons 14
	33	+	with intellectual disability or autism spectrum disorder, upon 15
	34	+	application to and approval by the commissioner, for purposes of 16
	35	+	conducting background checks on such volunteers. 17
	36	+	Sec. 2. Subsection (f) of section 17a-238 of the general statutes is 18 Substitute Bill No. 416
31	37
32		-	Public Act No. 21-135 2 of 8
33	38
34		-	Sec. 2. Subsection (f) of section 17a-238 of the general statutes is
35		-	repealed and the following is substituted in lieu thereof (Effective from
36		-	passage):
37		-	(f) The Commissioner of Developmental Services shall require the
38		-	attending physician of any person placed or treated in a residential
39		-	facility under the direction of the commissioner to obtain informed
40		-	written consent from the following persons prior to authorizing any
41		-	[surgical procedure or any] medical treatment or surgical procedure,
42		-	excluding routine medical treatment which is necessary to maintain the
43		-	general health of the person or to prevent the spread of any
44		-	communicable disease: (1) The person if such person is eighteen years
45		-	of age or over or is legally emancipated and competent to give such
46		-	consent; (2) the parent of a person under eighteen years of age who is
47		-	not legally emancipated; or (3) the legal representative of a person of
48		-	any age who is adjudicated unable to make informed decisions about
49		-	matters relating to such person's medical care. The person whose
50		-	consent is required shall be informed of the nature and consequences of
51		-	the particular medical treatment or surgical procedure, the reasonable
52		-	risks, benefits and purpose of such medical treatment or surgical
53		-	procedure and any alternative medical treatment or surgical
54		-	[procedures] procedure which [are] is available. The consent of any
55		-	person or of any parent or legal representative of any person may be
56		-	withdrawn at any time prior to the commencement of the medical
57		-	treatment or surgical procedure. The regional or training school director
58		-	having custody and control of a person living in a residential facility
59		-	may authorize necessary [surgery] medical treatment or surgical
60		-	procedure for such person where, in the opinion of the person's
61		-	attending physician, the [surgery] medical treatment or surgical
62		-	procedure is of an emergency nature and there is insufficient time to
63		-	obtain the required written consent provided for in this section. The
64		-	attending physician shall prepare a report describing the nature of the
65		-	emergency which necessitated such [surgery] medical treatment or Substitute Senate Bill No. 416
	39	+	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00416-
	40	+	R01-SB.docx }
	41	+	2 of 8
66	42
67		-	Public Act No. 21-135 3 of 8
	43	+	repealed and the following is substituted in lieu thereof (Effective from 19
	44	+	passage): 20
	45	+	(f) The Commissioner of Developmental Services shall require the 21
	46	+	attending physician of any person placed or treated in a residential 22
	47	+	facility under the direction of the commissioner to obtain informed 23
	48	+	written consent from the following persons prior to authorizing any 24
	49	+	[surgical procedure or any] medical treatment or surgical procedure, 25
	50	+	excluding routine medical treatment which is necessary to maintain the 26
	51	+	general health of the person or to prevent the spread of any 27
	52	+	communicable disease: (1) The person if such person is eighteen years 28
	53	+	of age or over or is legally emancipated and competent to give such 29
	54	+	consent; (2) the parent of a person under eighteen years of age who is 30
	55	+	not legally emancipated; or (3) the legal representative of a person of 31
	56	+	any age who is adjudicated unable to make informed decisions about 32
	57	+	matters relating to such person's medical care. The person whose 33
	58	+	consent is required shall be informed of the nature and consequences of 34
	59	+	the particular medical treatment or surgical procedure, the reasonable 35
	60	+	risks, benefits and purpose of such medical treatment or surgical 36
	61	+	procedure and any alternative medical treatment or surgical 37
	62	+	[procedures] procedure which [are] is available. The consent of any 38
	63	+	person or of any parent or legal representative of any person may be 39
	64	+	withdrawn at any time prior to the commencement of the medical 40
	65	+	treatment or surgical procedure. The regional or training school director 41
	66	+	having custody and control of a person living in a residential facility 42
	67	+	may authorize necessary [surgery] medical treatment or surgical 43
	68	+	procedure for such person where, in the opinion of the person's 44
	69	+	attending physician, the [surgery] medical treatment or surgical 45
	70	+	procedure is of an emergency nature and there is insufficient time to 46
	71	+	obtain the required written consent provided for in this section. The 47
	72	+	attending physician shall prepare a report describing the nature of the 48
	73	+	emergency which necessitated such [surgery] medical treatment or 49
	74	+	surgical procedure and shall file a copy of such report in the patient's 50
	75	+	record. 51 Substitute Bill No. 416
68	76
69		-	surgical procedure and shall file a copy of such report in the patient's
70		-	record.
71		-	Sec. 3. Section 46a-11c of the general statutes is repealed and the
72		-	following is substituted in lieu thereof (Effective from passage):
73		-	(a) The commissioner, upon receiving a report that a person with
74		-	intellectual disability allegedly is being or has been abused or neglected,
75		-	shall make an initial determination whether such person has intellectual
76		-	disability, shall determine if the report warrants investigation and shall
77		-	cause, in cases that so warrant, a prompt, thorough evaluation to be
78		-	made to determine whether the person has intellectual disability and
79		-	has been abused or neglected. For the purposes of sections 46a-11a to
80		-	46a-11g, inclusive, the determination of intellectual disability may be
81		-	made by means of a review of records and shall not require the
82		-	commissioner to conduct a full psychological examination of the person.
83		-	Any delay in making such determination of intellectual disability shall
84		-	not delay the investigation of abuse or neglect or recommendation of
85		-	provision of protective services. The evaluation shall include a visit to
86		-	the named person with intellectual disability and consultation with
87		-	those individuals having knowledge of the facts of the particular case.
88		-	All state, local and private agencies shall have a duty to cooperate with
89		-	any investigation conducted by the Department of Developmental
90		-	Services under this section, including the release of complete records of
91		-	the named person for review, inspection and copying, except where the
92		-	person with intellectual disability refuses to permit such records to be
93		-	released. The commissioner shall have subpoena powers to compel any
94		-	information related to such investigation. All records of the named
95		-	person shall be kept confidential by said department. Upon completion
96		-	of the evaluation of each case, written findings shall be prepared which
97		-	shall include a determination of whether abuse or neglect has occurred
98		-	and recommendations as to whether protective services are needed. The
99		-	commissioner, except in cases where the legal representative is the Substitute Senate Bill No. 416
100	77
101		-	Public Act No. 21-135 4 of 8
	78	+	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00416-
	79	+	R01-SB.docx }
	80	+	3 of 8
102	81
103		-	alleged or substantiated perpetrator of abuse or neglect or is residing
104		-	with the alleged or substantiated perpetrator, shall notify the legal
105		-	representative, if any, of the person with intellectual disability if a report
106		-	of abuse or neglect is made which the commissioner determines
107		-	warrants investigation. The commissioner, except in cases where the
108		-	legal representative is the alleged or substantiated perpetrator of abuse
109		-	or neglect or is residing with the alleged or substantiated perpetrator,
110		-	shall provide the legal representative who the commissioner determines
111		-	is entitled to such information with further information upon request.
112		-	The person filing the report of abuse or neglect shall be notified of the
113		-	findings upon such person's request.
114		-	(b) The commissioner, upon receiving a report that a person who
115		-	receives services from the Department of Social Services' Division of
116		-	Autism Spectrum Disorder Services, allegedly is being or has been
117		-	abused or neglected, shall make an initial determination whether such
118		-	person receives funding or services from said division, shall determine
119		-	if the report warrants investigation and shall cause, in cases that so
120		-	warrant, a prompt, thorough evaluation, as described in subsection (b)
121		-	of section 17a-247f, to be made by the Department of Developmental
122		-	Services to determine whether the person has been abused or neglected.
123		-	(c) In cases where there is a death of a person with intellectual
124		-	disability for whom the Department of Developmental Services has
125		-	direct or oversight responsibility for medical care, and there is
126		-	reasonable cause to suspect or believe that such death may be due to
127		-	abuse or neglect, the commissioner shall conduct an investigation to
128		-	determine whether abuse or neglect occurred, except as may be
129		-	otherwise required by court order. The commissioner shall establish
130		-	protocols for conducting such investigations.
131		-	(d) The commissioner shall maintain an electronic copy of the reports
132		-	received of alleged abuse or neglect and all evaluation reports. Substitute Senate Bill No. 416
	82	+	Sec. 3. Section 46a-11c of the general statutes is repealed and the 52
	83	+	following is substituted in lieu thereof (Effective from passage): 53
	84	+	(a) The commissioner, upon receiving a report that a person with 54
	85	+	intellectual disability allegedly is being or has been abused or neglected, 55
	86	+	shall make an initial determination whether such person has intellectual 56
	87	+	disability, shall determine if the report warrants investigation and shall 57
	88	+	cause, in cases that so warrant, a prompt, thorough evaluation to be 58
	89	+	made to determine whether the person has intellectual disability and 59
	90	+	has been abused or neglected. For the purposes of sections 46a-11a to 60
	91	+	46a-11g, inclusive, the determination of intellectual disability may be 61
	92	+	made by means of a review of records and shall not require the 62
	93	+	commissioner to conduct a full psychological examination of the person. 63
	94	+	Any delay in making such determination of intellectual disability shall 64
	95	+	not delay the investigation of abuse or neglect or recommendation of 65
	96	+	provision of protective services. The evaluation shall include a visit to 66
	97	+	the named person with intellectual disability and consultation with 67
	98	+	those individuals having knowledge of the facts of the particular case. 68
	99	+	All state, local and private agencies shall have a duty to cooperate with 69
	100	+	any investigation conducted by the Department of Developmental 70
	101	+	Services under this section, including the release of complete records of 71
	102	+	the named person for review, inspection and copying, except where the 72
	103	+	person with intellectual disability refuses to permit such records to be 73
	104	+	released. The commissioner shall have subpoena powers to compel any 74
	105	+	information related to such investigation. All records of the named 75
	106	+	person shall be kept confidential by said department. Upon completion 76
	107	+	of the evaluation of each case, written findings shall be prepared which 77
	108	+	shall include a determination of whether abuse or neglect has occurred 78
	109	+	and recommendations as to whether protective services are needed. The 79
	110	+	commissioner, except in cases where the legal representative is the 80
	111	+	alleged or substantiated perpetrator of abuse or neglect or is residing 81
	112	+	with the alleged or substantiated perpetrator, shall notify the legal 82
	113	+	representative, if any, of the person with intellectual disability if a report 83
	114	+	of abuse or neglect is made which the commissioner determines 84
	115	+	warrants investigation. The commissioner, except in cases where the 85 Substitute Bill No. 416
133	116
134		-	Public Act No. 21-135 5 of 8
135	117
136		-	(e) Neither the original report of alleged abuse or neglect nor the
137		-	evaluation report of the investigator which includes findings and
138		-	recommendations shall be deemed a public record for purposes of
139		-	section 1-210. The original report of alleged abuse or neglect or the
140		-	evaluation report of the investigator shall not be provided to a legal
141		-	representative who is the alleged or substantiated perpetrator of abuse
142		-	or neglect or is residing with the alleged or substantiated perpetrator.
143		-	The name of the person making the original report shall not be disclosed
144		-	to any person unless the person making the original report consents to
145		-	such disclosure or unless a judicial proceeding results therefrom.
146		-	Sec. 4. Section 17a-217a of the general statutes is repealed and the
147		-	following is substituted in lieu thereof (Effective from passage):
148		-	(a) There shall be a Camp Harkness Advisory Committee to advise
149		-	the Commissioner of Developmental Services with respect to issues
150		-	concerning the health and safety of persons who attend and utilize the
151		-	facilities at Camp Harkness. The advisory committee shall be composed
152		-	of twelve members as follows: (1) Six members appointed by the
153		-	Governor, one of whom shall be the director of Camp Harkness, who
154		-	shall serve ex officio, one of whom shall represent [the Southeastern
155		-	Connecticut Association for Developmental Disabilities] a mental health
156		-	organization that uses the camp, one of whom shall represent the
157		-	Southbury Training School, one of whom shall represent [the] The Arc
158		-	of [New London County] Eastern Connecticut, one of whom shall be a
159		-	person who uses the camp on a residential basis and one of whom shall
160		-	be a relative or guardian of a person who uses the camp; and (2) six
161		-	members appointed by the General Assembly, one of whom shall be a
162		-	relative or guardian of a person who uses the camp, who shall be
163		-	appointed by the president pro tempore of the Senate; one of whom
164		-	shall be a [member of the Family Support Council established pursuant
165		-	to section 17a-219c and represent persons who use the camp on a day
166		-	basis] special education director, who shall be appointed by the speaker Substitute Senate Bill No. 416
	118	+	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00416-
	119	+	R01-SB.docx }
	120	+	4 of 8
167	121
168		-	Public Act No. 21-135 6 of 8
	122	+	legal representative is the alleged or substantiated perpetrator of abuse 86
	123	+	or neglect or is residing with the alleged or substantiated perpetrator, 87
	124	+	shall provide the legal representative who the commissioner determines 88
	125	+	is entitled to such information with further information upon request. 89
	126	+	The person filing the report of abuse or neglect shall be notified of the 90
	127	+	findings upon such person's request. 91
	128	+	(b) The commissioner, upon receiving a report that a person who 92
	129	+	receives services from the Department of Social Services' Division of 93
	130	+	Autism Spectrum Disorder Services, allegedly is being or has been 94
	131	+	abused or neglected, shall make an initial determination whether such 95
	132	+	person receives funding or services from said division, shall determine 96
	133	+	if the report warrants investigation and shall cause, in cases that so 97
	134	+	warrant, a prompt, thorough evaluation, as described in subsection (b) 98
	135	+	of section 17a-247f, to be made by the Department of Developmental 99
	136	+	Services to determine whether the person has been abused or neglected. 100
	137	+	(c) In cases where there is a death of a person with intellectual 101
	138	+	disability for whom the Department of Developmental Services has 102
	139	+	direct or oversight responsibility for medical care, and there is 103
	140	+	reasonable cause to suspect or believe that such death may be due to 104
	141	+	abuse or neglect, the commissioner shall conduct an investigation to 105
	142	+	determine whether abuse or neglect occurred, except as may be 106
	143	+	otherwise required by court order. The commissioner shall establish 107
	144	+	protocols for conducting such investigations. 108
	145	+	(d) The commissioner shall maintain an electronic copy of the reports 109
	146	+	received of alleged abuse or neglect and all evaluation reports. 110
	147	+	(e) Neither the original report of alleged abuse or neglect nor the 111
	148	+	evaluation report of the investigator which includes findings and 112
	149	+	recommendations shall be deemed a public record for purposes of 113
	150	+	section 1-210. The original report of alleged abuse or neglect or the 114
	151	+	evaluation report of the investigator shall not be provided to a legal 115
	152	+	representative who is the alleged or substantiated perpetrator of abuse 116
	153	+	or neglect or is residing with the alleged or substantiated perpetrator. 117 Substitute Bill No. 416
169	154
170		-	of the House of Representatives; one of whom shall represent the board
171		-	of selectmen of the town of Waterford, who shall be appointed by the
172		-	majority leader of the House of Representatives; one of whom shall
173		-	represent a private nonprofit corporation that is: (A) Tax exempt under
174		-	Section 501(c)(3) of the Internal Revenue Code of 1986, or any
175		-	subsequent internal revenue code of the United States, as amended from
176		-	time to time, and (B) established to promote and support Camp
177		-	Harkness and its camping programs, who shall be appointed by the
178		-	majority leader of the Senate; one of whom shall represent the
179		-	Connecticut Institute for the Blind and the Oak Hill School, who shall
180		-	be appointed by the minority leader of the House of Representatives;
181		-	and one of whom shall rep resent [the United Cerebral Palsy
182		-	Association] Sunrise Northeast, Inc., who shall be appointed by the
183		-	minority leader of the Senate.
184		-	(b) The advisory committee shall promote communication regarding
185		-	camp services and develop recommendations for the commissioner
186		-	regarding the use of Camp Harkness.
187		-	Sec. 5. Section 45a-681 of the general statutes is repealed and the
188		-	following is substituted in lieu thereof (Effective from passage):
189		-	(a) The court shall review each guardianship at least every three years
190		-	and shall either continue, modify or terminate the order for
191		-	guardianship. Pursuant to such review:
192		-	(1) The court shall receive and review written evidence as to the
193		-	condition of the protected person. Except as provided in subdivision (2)
194		-	of this subsection, the guardian and a Department of Developmental
195		-	Services professional or, if requested by the protected person or by the
196		-	court, an assessment team appointed by the Commissioner of
197		-	Developmental Services or the commissioner's designee shall each
198		-	submit a written report to the court not later than forty-five days after
199		-	the court's request for such report. Substitute Senate Bill No. 416
200	155
201		-	Public Act No. 21-135 7 of 8
	156	+	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00416-
	157	+	R01-SB.docx }
	158	+	5 of 8
202	159
203		-	(2) In the case of a protected person who is functioning adaptively
204		-	and intellectually within the severe or profound range of intellectual
205		-	disability, as determined by the Department of Developmental Services,
206		-	the court shall receive and review written reports as to the condition of
207		-	the protected person only from the guardian, except that the court may
208		-	require a Department of Developmental Services professional or
209		-	assessment team to submit a written report as to the condition of the
210		-	protected person.
211		-	(3) The Department of Developmental Services professional or
212		-	assessment team shall personally observe or examine the protected
213		-	person within the forty-five-day period preceding the date it submits
214		-	any report under subdivision (4) of this subsection.
215		-	(4) Each written report shall be submitted to the court not later than
216		-	forty-five days after the court's request for such report. On receipt of a
217		-	written report from the guardian or a Department of Developmental
218		-	Services professional or assessment team, the court shall provide a copy
219		-	of the report to the attorney for the protected person.
220		-	(5) The written report or testimony by the Department of
221		-	Developmental Services professional or assessment team shall not be
222		-	required for the court's review of guardianship pursuant to this section
223		-	if the protected person has been determined ineligible for services of the
224		-	Department of Developmental Services by the commissioner or his or
225		-	her designee, provided such denial of eligibility is based on the
226		-	determination that the individual does not have intellectual disability as
227		-	defined in section 1-1g. A copy of the eligibility determination letter
228		-	indicating that the basis of ineligibility is the absence of intellectual
229		-	disability, as defined in section 1-1g, shall be provided to the court in
230		-	lieu of a report by the assessment team and no further assessment by the
231		-	team shall be required.
232		-	[(5)] (6) Not later than thirty days after the attorney for the protected Substitute Senate Bill No. 416
	160	+	The name of the person making the original report shall not be disclosed 118
	161	+	to any person unless the person making the original report consents to 119
	162	+	such disclosure or unless a judicial proceeding results therefrom. 120
	163	+	Sec. 4. Section 17a-217a of the general statutes is repealed and the 121
	164	+	following is substituted in lieu thereof (Effective from passage): 122
	165	+	(a) There shall be a Camp Harkness Advisory Committee to advise 123
	166	+	the Commissioner of Developmental Services with respect to issues 124
	167	+	concerning the health and safety of persons who attend and utilize the 125
	168	+	facilities at Camp Harkness. The advisory committee shall be composed 126
	169	+	of twelve members as follows: (1) Six members appointed by the 127
	170	+	Governor, one of whom shall be the director of Camp Harkness, who 128
	171	+	shall serve ex officio, one of whom shall represent [the Southeastern 129
	172	+	Connecticut Association for Developmental Disabilities] a mental health 130
	173	+	organization that uses the camp, one of whom shall represent the 131
	174	+	Southbury Training School, one of whom shall represent [the] The Arc 132
	175	+	of [New London County] Eastern Connecticut, one of whom shall be a 133
	176	+	person who uses the camp on a residential basis and one of whom shall 134
	177	+	be a relative or guardian of a person who uses the camp; and (2) six 135
	178	+	members appointed by the General Assembly, one of whom shall be a 136
	179	+	relative or guardian of a person who uses the camp, who shall be 137
	180	+	appointed by the president pro tempore of the Senate; one of whom 138
	181	+	shall be a [member of the Family Support Council established pursuant 139
	182	+	to section 17a-219c and represent persons who use the camp on a day 140
	183	+	basis] special education director, who shall be appointed by the speaker 141
	184	+	of the House of Representatives; one of whom shall represent the board 142
	185	+	of selectmen of the town of Waterford, who shall be appointed by the 143
	186	+	majority leader of the House of Representatives; one of whom shall 144
	187	+	represent a private nonprofit corporation that is: (A) Tax exempt under 145
	188	+	Section 501(c)(3) of the Internal Revenue Code of 1986, or any 146
	189	+	subsequent internal revenue code of the United States, as amended from 147
	190	+	time to time, and (B) established to promote and support Camp 148
	191	+	Harkness and its camping programs, who shall be appointed by the 149
	192	+	majority leader of the Senate; one of whom shall represent the 150 Substitute Bill No. 416
233	193
234		-	Public Act No. 21-135 8 of 8
235	194
236		-	person receives a copy of a report pursuant to subdivision (4) of this
237		-	subsection, the protected person's attorney shall (A) meet with the
238		-	protected person concerning the report, and (B) provide written notice
239		-	to the court (i) that the protected person's attorney has met with the
240		-	protected person, and (ii) indicating whether a hearing is requested.
241		-	Nothing in this section shall prevent the protected person or the
242		-	protected person's attorney from requesting a hearing at any other time
243		-	as permitted by law.
244		-	[(6)] (7) If the protected person is unable to request or obtain an
245		-	attorney, the court shall appoint an attorney for the protected person. If
246		-	the protected person is unable to pay for the services of the attorney, the
247		-	reasonable compensation of such attorney shall be established by, and
248		-	paid from funds appropriated to, the Judicial Department; however, if
249		-	funds have not been included in the budget of the Judicial Department
250		-	for such purposes, such compensation shall be established by the
251		-	Probate Court Administrator and paid from the Probate Court
252		-	Administration Fund.
253		-	(b) If the court determines, after receipt of the reports from the
254		-	Department of Developmental Services professional or assessment team
255		-	and the guardian, and notice from the attorney for the protected person,
256		-	that there has been no change in the condition of the protected person
257		-	since the last preceding review by the court, a hearing on the condition
258		-	of the protected person shall not be required, but the court, in its
259		-	discretion, may hold such hearing. If the protected person's attorney, the
260		-	Department of Developmental Services professional or assessment team
261		-	or the guardian requests a hearing, the court shall hold a hearing within
262		-	thirty days of such request. No order expanding or reducing the powers
263		-	and responsibilities of a guardian shall be issued unless such hearing is
264		-	held.
	195	+	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00416-
	196	+	R01-SB.docx }
	197	+	6 of 8
265	198
	199	+	Connecticut Institute for the Blind and the Oak Hill School, who shall 151
	200	+	be appointed by the minority leader of the House of Representatives; 152
	201	+	and one of whom shall represent [the United Cerebral Palsy 153
	202	+	Association] Sunrise Northeast, Inc., who shall be appointed by the 154
	203	+	minority leader of the Senate. 155
	204	+	(b) The advisory committee shall promote communication regarding 156
	205	+	camp services and develop recommendations for the commissioner 157
	206	+	regarding the use of Camp Harkness. 158
	207	+	Sec. 5. Section 45a-681 of the general statutes is repealed and the 159
	208	+	following is substituted in lieu thereof (Effective from passage): 160
	209	+	(a) The court shall review each guardianship at least every three years 161
	210	+	and shall either continue, modify or terminate the order for 162
	211	+	guardianship. Pursuant to such review: 163
	212	+	(1) The court shall receive and review written evidence as to the 164
	213	+	condition of the protected person. Except as provided in subdivision (2) 165
	214	+	of this subsection, the guardian and a Department of Developmental 166
	215	+	Services professional or, if requested by the protected person or by the 167
	216	+	court, an assessment team appointed by the Commissioner of 168
	217	+	Developmental Services or the commissioner's designee shall each 169
	218	+	submit a written report to the court not later than forty-five days after 170
	219	+	the court's request for such report. 171
	220	+	(2) In the case of a protected person who is functioning adaptively 172
	221	+	and intellectually within the severe or profound range of intellectual 173
	222	+	disability, as determined by the Department of Developmental Services, 174
	223	+	the court shall receive and review written reports as to the condition of 175
	224	+	the protected person only from the guardian, except that the court may 176
	225	+	require a Department of Developmental Services professional or 177
	226	+	assessment team to submit a written report as to the condition of the 178
	227	+	protected person. 179
	228	+	(3) The Department of Developmental Services professional or 180
	229	+	assessment team shall personally observe or examine the protected 181 Substitute Bill No. 416
	230	+
	231	+
	232	+	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00416-
	233	+	R01-SB.docx }
	234	+	7 of 8
	235	+
	236	+	person within the forty-five-day period preceding the date it submits 182
	237	+	any report under subdivision (4) of this subsection. 183
	238	+	(4) Each written report shall be submitted to the court not later than 184
	239	+	forty-five days after the court's request for such report. On receipt of a 185
	240	+	written report from the guardian or a Department of Developmental 186
	241	+	Services professional or assessment team, the court shall provide a copy 187
	242	+	of the report to the attorney for the protected person. 188
	243	+	(5) The written report or testimony by the Department of 189
	244	+	Developmental Services professional or assessment team shall not be 190
	245	+	required for the court's review of guardianship pursuant to this section 191
	246	+	if the protected person has been determined ineligible for services of the 192
	247	+	Department of Developmental Services by the commissioner or his or 193
	248	+	her designee, provided such denial of eligibility is based on the 194
	249	+	determination that the individual does not have intellectual disability as 195
	250	+	defined in section 1-1g. A copy of the eligibility determination letter 196
	251	+	indicating that the basis of ineligibility is the absence of intellectual 197
	252	+	disability, as defined in section 1-1g, shall be provided to the court in 198
	253	+	lieu of a report by the assessment team and no further assessment by the 199
	254	+	team shall be required. 200
	255	+	[(5)] (6) Not later than thirty days after the attorney for the protected 201
	256	+	person receives a copy of a report pursuant to subdivision (4) of this 202
	257	+	subsection, the protected person's attorney shall (A) meet with the 203
	258	+	protected person concerning the report, and (B) provide written notice 204
	259	+	to the court (i) that the protected person's attorney has met with the 205
	260	+	protected person, and (ii) indicating whether a hearing is requested. 206
	261	+	Nothing in this section shall prevent the protected person or the 207
	262	+	protected person's attorney from requesting a hearing at any other time 208
	263	+	as permitted by law. 209
	264	+	[(6)] (7) If the protected person is unable to request or obtain an 210
	265	+	attorney, the court shall appoint an attorney for the protected person. If 211
	266	+	the protected person is unable to pay for the services of the attorney, the 212
	267	+	reasonable compensation of such attorney shall be established by, and 213 Substitute Bill No. 416
	268	+
	269	+
	270	+	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00416-
	271	+	R01-SB.docx }
	272	+	8 of 8
	273	+
	274	+	paid from funds appropriated to, the Judicial Department; however, if 214
	275	+	funds have not been included in the budget of the Judicial Department 215
	276	+	for such purposes, such compensation shall be established by the 216
	277	+	Probate Court Administrator and paid from the Probate Court 217
	278	+	Administration Fund. 218
	279	+	(b) If the court determines, after receipt of the reports from the 219
	280	+	Department of Developmental Services professional or assessment team 220
	281	+	and the guardian, and notice from the attorney for the protected person, 221
	282	+	that there has been no change in the condition of the protected person 222
	283	+	since the last preceding review by the court, a hearing on the condition 223
	284	+	of the protected person shall not be required, but the court, in its 224
	285	+	discretion, may hold such hearing. If the protected person's attorney, the 225
	286	+	Department of Developmental Services professional or assessment team 226
	287	+	or the guardian requests a hearing, the court shall hold a hearing within 227
	288	+	thirty days of such request. No order expanding or reducing the powers 228
	289	+	and responsibilities of a guardian shall be issued unless such hearing is 229
	290	+	held. 230
	291	+	This act shall take effect as follows and shall amend the following
	292	+	sections:
	293	+
	294	+	Section 1 from passage 17a-247b(c)
	295	+	Sec. 2 from passage 17a-238(f)
	296	+	Sec. 3 from passage 46a-11c
	297	+	Sec. 4 from passage 17a-217a
	298	+	Sec. 5 from passage 45a-681
	299	+
	300	+	PH Joint Favorable Subst.
266	301