Senate Bill No. 1065
Public Act No. 23-111
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 Section 17a-210a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) There is established an independent [ombudsman]
ombudsperson office within the Department of Developmental Services
that is responsible for receiving and making recommendations to the
commissioner for resolving complaints affecting individuals under the
care or supervision of the department or of any public or private agency
with which the department has contracted for the provision of services.
(b) The director of the [ombudsman] ombudsperson office shall be
appointed by the Governor, with the approval of the General Assembly.
Said director shall be an elector of the state with expertise and
experience in the fields of developmental services and advocacy for the
rights of the individuals specified in subsection (a) of this section and
shall be exempt from the classified service.
(c) [Upon the vacancy of the director of the ombudsman office by the Senate Bill No. 1065
Public Act No. 23-111 2 of 5
person serving in such position on July 1, 2004, and whenever thereafter
the term of such position expires or there is a vacancy in such position,
the] The Governor shall appoint the director of the [ombudsman]
ombudsperson office from a list of candidates prepared and submitted
to the Governor by the Council on Developmental Services, established
by section 17a-270. The Governor shall notify the council of the pending
expiration of the term of an incumbent [ombudsman] ombudsperson
not less than ninety days prior to the final day of the [ombudsman's]
ombudsperson's term in office. If a vacancy occurs in the position of
[ombudsman] ombudsperson, the Governor shall notify the council
immediately of the vacancy. The council shall meet to consider qualified
candidates for the position of [ombudsman] ombudsperson and shall
submit a list of not more than five candidates to the Governor ranked in
order of preference, not more than sixty days after receiving notice from
the Governor of the pending expiration of the [ombudsman's]
ombudsperson's term or the occurrence of a vacancy. The Governor
shall designate, not more than sixty days after receipt of the list of
candidates from the council, one candidate from the list for the position
of [ombudsman] ombudsperson. If, after the list is submitted to the
Governor by the council, any candidate withdraws from consideration,
the Governor shall designate a candidate from those remaining on the
list. If the Governor fails to designate a candidate within sixty days of
receipt of the list from the council, the council shall refer the candidate
with the highest ranking on the list to the General Assembly for
confirmation. If the General Assembly is not in session at the time of the
Governor's or council's designation of a candidate, the candidate shall
serve as the acting [ombudsman] ombudsperson until the General
Assembly meets and confirms the candidate as [ombudsman]
ombudsperson. A candidate serving as acting [ombudsman]
ombudsperson shall be entitled to compensation and have all the
powers, duties and privileges of the [ombudsman] ombudsperson. An
[ombudsman] ombudsperson shall serve a term of four years, not
including any time served as acting [ombudsman] ombudsperson, and Senate Bill No. 1065
Public Act No. 23-111 3 of 5
may be reappointed by the Governor or shall remain in the position
until a successor is appointed pursuant to this subsection. Although an
incumbent [ombudsman] ombudsperson may be reappointed, the
Governor shall also consider additional candidates from a list submitted
by the council as provided in this section.
(d) The director of the [ombudsman] ombudsperson office shall
report monthly to the Council on Developmental Services and, in
accordance with the provisions of section 11-4a, annually to the joint
standing committee of the General Assembly having cognizance of
matters relating to public health.
Sec. 2. Section 17a-217 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) The Department of Developmental Services shall develop [day
care programs,] day camp programs and recreational programs for
children and adults with intellectual disability. Any nonprofit
organization [which] that establishes or maintains [day care programs,]
day camp programs or recreational programs for children or adults with
intellectual disability may apply to the Department of Developmental
Services for funds to be used to assist in establishing, maintaining or
expanding such programs. For the purposes of this section: (1) A [day
care program (A) may provide for the care and training of preschool age
children to enable them to achieve their maximum social, physical and
emotional potential; (B) may provide adolescents and adults with
intellectual disability with an activity program which includes training
in one or more of the following areas: (i) Self-care, (ii) activities of daily
living, (iii) personal and social adjustment, (iv) work habits, and (v)
skills, speech and language development; (2) a] day camp program may
provide children or adults with intellectual disability with a supervised
program of outdoor activities [which] that may be conducted during all
or part of the months of June, July, August and September; and [(3)] (2)
a recreational program may provide planned and supervised Senate Bill No. 1065
Public Act No. 23-111 4 of 5
recreational activities for children or adults with intellectual disability,
which activities may be of a social, athletic or purely diversionary nature
and which programs shall be considered separate and apart from the
day camp program described in subdivision [(2)] (1) of this subsection.
(b) No grant made under this section to assist in establishing,
maintaining or expanding any program set forth in subsection (a) of this
section shall exceed the ordinary and recurring annual operating
expenses of such program, nor shall any grant be made to pay for all or
any part of capital expenditures. The Department of Developmental
Services shall: (1) Define minimum requirements to be met by each
program in order to be eligible to receive funds as provided for by this
section in regard to qualification and number of staff members and
program operation, including, but not limited to, physical plant and
record keeping; (2) establish procedures to be used in making
application for such funds; and (3) adopt regulations, in accordance
with chapter 54, governing the granting of funds to assist in the
establishment of [day care programs,] day camp programs and
recreational programs for persons with intellectual disability. Upon
receipt of proper application, the Department of Developmental
Services, within available appropriations, may grant such funds,
provided the plans for financing and the standards of operation of such
programs shall be approved by the department in accordance with the
provisions of this section. For the purpose of developing such programs,
the department may accept grants from the federal government, a
municipality or any other source.
Sec. 3. Section 17a-277 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
A regional or training school director may place any resident with
intellectual disability committed or admitted to such training school,
regional facility or other residential facility provided for the care and
training of persons with intellectual disability, under the provisions of Senate Bill No. 1065
Public Act No. 23-111 5 of 5
sections 17a-210 to 17a-247, inclusive, and 17a-273, in a community
companion home, community living arrangement, group home, other
residential facility or residential program to be cared for in accordance
with the following conditions:
(1) Such resident shall, despite such transfer, remain subject to the
control of the regional or training school director and the director may,
at any time, order and provide for the return of any such resident to
such training school, regional facility or other residential facility
provided for the care and training of persons with intellectual disability;
(2) When the transfer of any such resident has been authorized or
when, having been transferred to a community companion home,
community living arrangement, group home, other residential facility
or residential program for persons with intellectual disability, such
resident has returned to the training school, regional facility or other
residential facility, the regional or training school director shall
forthwith so notify the Commissioner of Developmental Services;
(3) Such community companion home, community living
arrangement, group home, other residential facility or residential
program shall be licensed or certified by the Department of
Developmental Services, licensed by the Department of Children and
Families or certified by the Department of Public Health under such
regulations as the departments adopt, in accordance with chapter 54;
and
(4) The Commissioner of Developmental Services shall, upon request,
be given access to the complete record of any resident placed in a
community companion home, community living arrangement, group
home, other residential facility or residential program pursuant to this
section.