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General Assembly Raised Bill No. 1065
January Session, 2023
LCO No. 3495
Referred to Committee on PUBLIC HEALTH
Introduced by:
(PH)
AN ACT CONCERNING THE DEPARTMENT OF DEVELOPMENTAL
SERVICES' RECOMMENDATIONS REGARDING VARIOUS
TECHNICAL REVISIONS TO DEVELOPMENTAL SERVICES
STATUTES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 17a-210a of the general statutes is repealed and 1
the following is substituted in lieu thereof (Effective from passage): 2
(a) There is established an independent [ombudsman] 3
ombudsperson office within the Department of Developmental 4
Services that is responsible for receiving and making 5
recommendations to the commissioner for resolving complaints 6
affecting individuals under the care or supervision of the department 7
or of any public or private agency with which the department has 8
contracted for the provision of services. 9
(b) The director of the [ombudsman] ombudsperson office shall be 10
appointed by the Governor, with the approval of the General 11
Assembly. Said director shall be an elector of the state with expertise 12
and experience in the fields of developmental services and advocacy 13 Bill No. 1065
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for the rights of the individuals specified in subsection (a) of this 14
section and shall be exempt from the classified service. 15
(c) [Upon the vacancy of the director of the ombudsman office by 16
the person serving in such position on July 1, 2004, and whenever 17
thereafter the term of such position expires or there is a vacancy in 18
such position, the] The Governor shall appoint the director of the 19
[ombudsman] ombudsperson office from a list of candidates prepared 20
and submitted to the Governor by the Council on Developmental 21
Services, established by section 17a-270. The Governor shall notify the 22
council of the pending expiration of the term of an incumbent 23
[ombudsman] ombudsperson not less than ninety days prior to the 24
final day of the [ombudsman's] ombudsperson's term in office. If a 25
vacancy occurs in the position of [ombudsman] ombudsperson, the 26
Governor shall notify the council immediately of the vacancy. The 27
council shall meet to consider qualified candidates for the position of 28
[ombudsman] ombudsperson and shall submit a list of not more than 29
five candidates to the Governor ranked in order of preference, not 30
more than sixty days after receiving notice from the Governor of the 31
pending expiration of the [ombudsman's] ombudsperson's term or the 32
occurrence of a vacancy. The Governor shall designate, not more than 33
sixty days after receipt of the list of candidates from the council, one 34
candidate from the list for the position of [ombudsman] 35
ombudsperson. If, after the list is submitted to the Governor by the 36
council, any candidate withdraws from consideration, the Governor 37
shall designate a candidate from those remaining on the list. If the 38
Governor fails to designate a candidate within sixty days of receipt of 39
the list from the council, the council shall refer the candidate with the 40
highest ranking on the list to the General Assembly for confirmation. If 41
the General Assembly is not in session at the time of the Governor's or 42
council's designation of a candidate, the candidate shall serve as the 43
acting [ombudsman] ombudsperson until the General Assembly meets 44
and confirms the candidate as [ombudsman] ombudsperson. A 45
candidate serving as acting [ombudsman] ombudsperson shall be 46
entitled to compensation and have all the powers, duties and 47 Bill No. 1065
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privileges of the [ombudsman] ombudsperson. An [ombudsman] 48
ombudsperson shall serve a term of four years, not including any time 49
served as acting [ombudsman] ombudsperson, and may be 50
reappointed by the Governor or shall remain in the position until a 51
successor is appointed pursuant to this subsection. Although an 52
incumbent [ombudsman] ombudsperson may be reappointed, the 53
Governor shall also consider additional candidates from a list 54
submitted by the council as provided in this section. 55
(d) The director of the [ombudsman] ombudsperson office shall 56
report monthly to the Council on Developmental Services and, in 57
accordance with the provisions of section 11-4a, annually to the joint 58
standing committee of the General Assembly having cognizance of 59
matters relating to public health. 60
Sec. 2. Section 17a-217 of the general statutes is repealed and the 61
following is substituted in lieu thereof (Effective from passage): 62
(a) The Department of Developmental Services shall develop [day 63
care programs,] day camp programs and recreational programs for 64
children and adults with intellectual disability. Any nonprofit 65
organization [which] that establishes or maintains [day care 66
programs,] day camp programs or recreational programs for children 67
or adults with intellectual disability may apply to the Department of 68
Developmental Services for funds to be used to assist in establishing, 69
maintaining or expanding such programs. For the purposes of this 70
section: (1) A [day care program (A) may provide for the care and 71
training of preschool age children to enable them to achieve their 72
maximum social, physical and emotional potential; (B) may provide 73
adolescents and adults with intellectual disability with an activity 74
program which includes training in one or more of the following areas: 75
(i) Self-care, (ii) activities of daily living, (iii) personal and social 76
adjustment, (iv) work habits, and (v) skills, speech and language 77
development; (2) a] day camp program may provide children or adults 78
with intellectual disability with a supervised program of outdoor 79
activities [which] that may be conducted during all or part of the 80 Bill No. 1065
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months of June, July, August and September; and [(3)] (2) a 81
recreational program may provide planned and supervised 82
recreational activities for children or adults with intellectual disability, 83
which activities may be of a social, athletic or purely diversionary 84
nature and which programs shall be considered separate and apart 85
from the day camp program described in subdivision [(2)] (1) of this 86
subsection. 87
(b) No grant made under this section to assist in establishing, 88
maintaining or expanding any program set forth in subsection (a) of 89
this section shall exceed the ordinary and recurring annual operating 90
expenses of such program, nor shall any grant be made to pay for all or 91
any part of capital expenditures. The Department of Developmental 92
Services shall: (1) Define minimum requirements to be met by each 93
program in order to be eligible to receive funds as provided for by this 94
section in regard to qualification and number of staff members and 95
program operation, including, but not limited to, physical plant and 96
record keeping; (2) establish procedures to be used in making 97
application for such funds; and (3) adopt regulations, in accordance 98
with chapter 54, governing the granting of funds to assist in the 99
establishment of [day care programs,] day camp programs and 100
recreational programs for persons with intellectual disability. Upon 101
receipt of proper application, the Department of Developmental 102
Services, within available appropriations, may grant such funds, 103
provided the plans for financing and the standards of operation of 104
such programs shall be approved by the department in accordance 105
with the provisions of this section. For the purpose of developing such 106
programs, the department may accept grants from the federal 107
government, a municipality or any other source. 108
Sec. 3. Section 17a-277 of the general statutes is repealed and the 109
following is substituted in lieu thereof (Effective from passage): 110
A regional or training school director may place any resident with 111
intellectual disability committed or admitted to such training school, 112
regional facility or other residential facility provided for the care and 113 Bill No. 1065
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training of persons with intellectual disability, under the provisions of 114
sections 17a-210 to 17a-247, inclusive, and 17a-273, in a community 115
companion home, community living arrangement, group home, other 116
residential facility or residential program to be cared for in accordance 117
with the following conditions: 118
(1) Such resident shall, despite such transfer, remain subject to the 119
control of the regional or training school director and the director may, 120
at any time, order and provide for the return of any such resident to 121
such training school, regional facility or other residential facility 122
provided for the care and training of persons with intellectual 123
disability; 124
(2) When the transfer of any such resident has been authorized or 125
when, having been transferred to a community companion home, 126
community living arrangement, group home, other residential facility 127
or residential program for persons with intellectual disability, such 128
resident has returned to the training school, regional facility or other 129
residential facility, the regional or training school director shall 130
forthwith so notify the Commissioner of Developmental Services; 131
(3) Such community companion home, community living 132
arrangement, group home, other residential facility or residential 133
program shall be licensed or certified by the Department of 134
Developmental Services, licensed by the Department of Children and 135
Families or certified by the Department of Public Health under such 136
regulations as the departments adopt, in accordance with chapter 54; 137
and 138
(4) The Commissioner of Developmental Services shall, upon 139
request, be given access to the complete record of any resident placed 140
in a community companion home, community living arrangement, 141
group home, other residential facility or residential program pursuant 142
to this section. 143 Bill No. 1065
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This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 17a-210a
Sec. 2 from passage 17a-217
Sec. 3 from passage 17a-277
PH Joint Favorable