Connecticut 2023 Regular Session

Connecticut Senate Bill SB01065 Compare Versions

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Version 2 (New)

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4		-	Senate Bill No. 1065
	7	+	General Assembly Raised Bill No. 1065
	8	+	January Session, 2023
	9	+	LCO No. 3495
5	10
6		-	Public Act No. 23-111
	11	+
	12	+	Referred to Committee on PUBLIC HEALTH
	13	+
	14	+
	15	+	Introduced by:
	16	+	(PH)
	17	+
7	18
8	19
9	20		AN ACT CONCERNING THE DEPARTMENT OF DEVELOPMENTAL
10	21		SERVICES' RECOMMENDATIONS REGARDING VARIOUS
11	22		TECHNICAL REVISIONS TO DEVELOPMENTAL SERVICES
12	23		STATUTES.
13	24		Be it enacted by the Senate and House of Representatives in General
14	25		Assembly convened:
15	26
16		-	Section 1. Section 17a-210a of the general statutes is repealed and the
17		-	following is substituted in lieu thereof (Effective from passage):
18		-	(a) There is established an independent [ombudsman]
19		-	ombudsperson office within the Department of Developmental Services
20		-	that is responsible for receiving and making recommendations to the
21		-	commissioner for resolving complaints affecting individuals under the
22		-	care or supervision of the department or of any public or private agency
23		-	with which the department has contracted for the provision of services.
24		-	(b) The director of the [ombudsman] ombudsperson office shall be
25		-	appointed by the Governor, with the approval of the General Assembly.
26		-	Said director shall be an elector of the state with expertise and
27		-	experience in the fields of developmental services and advocacy for the
28		-	rights of the individuals specified in subsection (a) of this section and
29		-	shall be exempt from the classified service.
30		-	(c) [Upon the vacancy of the director of the ombudsman office by the Senate Bill No. 1065
	27	+	Section 1. Section 17a-210a of the general statutes is repealed and 1
	28	+	the following is substituted in lieu thereof (Effective from passage): 2
	29	+	(a) There is established an independent [ombudsman] 3
	30	+	ombudsperson office within the Department of Developmental 4
	31	+	Services that is responsible for receiving and making 5
	32	+	recommendations to the commissioner for resolving complaints 6
	33	+	affecting individuals under the care or supervision of the department 7
	34	+	or of any public or private agency with which the department has 8
	35	+	contracted for the provision of services. 9
	36	+	(b) The director of the [ombudsman] ombudsperson office shall be 10
	37	+	appointed by the Governor, with the approval of the General 11
	38	+	Assembly. Said director shall be an elector of the state with expertise 12
	39	+	and experience in the fields of developmental services and advocacy 13 Bill No. 1065
31	40
32		-	Public Act No. 23-111 2 of 5
33	41
34		-	person serving in such position on July 1, 2004, and whenever thereafter
35		-	the term of such position expires or there is a vacancy in such position,
36		-	the] The Governor shall appoint the director of the [ombudsman]
37		-	ombudsperson office from a list of candidates prepared and submitted
38		-	to the Governor by the Council on Developmental Services, established
39		-	by section 17a-270. The Governor shall notify the council of the pending
40		-	expiration of the term of an incumbent [ombudsman] ombudsperson
41		-	not less than ninety days prior to the final day of the [ombudsman's]
42		-	ombudsperson's term in office. If a vacancy occurs in the position of
43		-	[ombudsman] ombudsperson, the Governor shall notify the council
44		-	immediately of the vacancy. The council shall meet to consider qualified
45		-	candidates for the position of [ombudsman] ombudsperson and shall
46		-	submit a list of not more than five candidates to the Governor ranked in
47		-	order of preference, not more than sixty days after receiving notice from
48		-	the Governor of the pending expiration of the [ombudsman's]
49		-	ombudsperson's term or the occurrence of a vacancy. The Governor
50		-	shall designate, not more than sixty days after receipt of the list of
51		-	candidates from the council, one candidate from the list for the position
52		-	of [ombudsman] ombudsperson. If, after the list is submitted to the
53		-	Governor by the council, any candidate withdraws from consideration,
54		-	the Governor shall designate a candidate from those remaining on the
55		-	list. If the Governor fails to designate a candidate within sixty days of
56		-	receipt of the list from the council, the council shall refer the candidate
57		-	with the highest ranking on the list to the General Assembly for
58		-	confirmation. If the General Assembly is not in session at the time of the
59		-	Governor's or council's designation of a candidate, the candidate shall
60		-	serve as the acting [ombudsman] ombudsperson until the General
61		-	Assembly meets and confirms the candidate as [ombudsman]
62		-	ombudsperson. A candidate serving as acting [ombudsman]
63		-	ombudsperson shall be entitled to compensation and have all the
64		-	powers, duties and privileges of the [ombudsman] ombudsperson. An
65		-	[ombudsman] ombudsperson shall serve a term of four years, not
66		-	including any time served as acting [ombudsman] ombudsperson, and Senate Bill No. 1065
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67	45
68		-	Public Act No. 23-111 3 of 5
	46	+	for the rights of the individuals specified in subsection (a) of this 14
	47	+	section and shall be exempt from the classified service. 15
	48	+	(c) [Upon the vacancy of the director of the ombudsman office by 16
	49	+	the person serving in such position on July 1, 2004, and whenever 17
	50	+	thereafter the term of such position expires or there is a vacancy in 18
	51	+	such position, the] The Governor shall appoint the director of the 19
	52	+	[ombudsman] ombudsperson office from a list of candidates prepared 20
	53	+	and submitted to the Governor by the Council on Developmental 21
	54	+	Services, established by section 17a-270. The Governor shall notify the 22
	55	+	council of the pending expiration of the term of an incumbent 23
	56	+	[ombudsman] ombudsperson not less than ninety days prior to the 24
	57	+	final day of the [ombudsman's] ombudsperson's term in office. If a 25
	58	+	vacancy occurs in the position of [ombudsman] ombudsperson, the 26
	59	+	Governor shall notify the council immediately of the vacancy. The 27
	60	+	council shall meet to consider qualified candidates for the position of 28
	61	+	[ombudsman] ombudsperson and shall submit a list of not more than 29
	62	+	five candidates to the Governor ranked in order of preference, not 30
	63	+	more than sixty days after receiving notice from the Governor of the 31
	64	+	pending expiration of the [ombudsman's] ombudsperson's term or the 32
	65	+	occurrence of a vacancy. The Governor shall designate, not more than 33
	66	+	sixty days after receipt of the list of candidates from the council, one 34
	67	+	candidate from the list for the position of [ombudsman] 35
	68	+	ombudsperson. If, after the list is submitted to the Governor by the 36
	69	+	council, any candidate withdraws from consideration, the Governor 37
	70	+	shall designate a candidate from those remaining on the list. If the 38
	71	+	Governor fails to designate a candidate within sixty days of receipt of 39
	72	+	the list from the council, the council shall refer the candidate with the 40
	73	+	highest ranking on the list to the General Assembly for confirmation. If 41
	74	+	the General Assembly is not in session at the time of the Governor's or 42
	75	+	council's designation of a candidate, the candidate shall serve as the 43
	76	+	acting [ombudsman] ombudsperson until the General Assembly meets 44
	77	+	and confirms the candidate as [ombudsman] ombudsperson. A 45
	78	+	candidate serving as acting [ombudsman] ombudsperson shall be 46
	79	+	entitled to compensation and have all the powers, duties and 47 Bill No. 1065
69	80
70		-	may be reappointed by the Governor or shall remain in the position
71		-	until a successor is appointed pursuant to this subsection. Although an
72		-	incumbent [ombudsman] ombudsperson may be reappointed, the
73		-	Governor shall also consider additional candidates from a list submitted
74		-	by the council as provided in this section.
75		-	(d) The director of the [ombudsman] ombudsperson office shall
76		-	report monthly to the Council on Developmental Services and, in
77		-	accordance with the provisions of section 11-4a, annually to the joint
78		-	standing committee of the General Assembly having cognizance of
79		-	matters relating to public health.
80		-	Sec. 2. Section 17a-217 of the general statutes is repealed and the
81		-	following is substituted in lieu thereof (Effective from passage):
82		-	(a) The Department of Developmental Services shall develop [day
83		-	care programs,] day camp programs and recreational programs for
84		-	children and adults with intellectual disability. Any nonprofit
85		-	organization [which] that establishes or maintains [day care programs,]
86		-	day camp programs or recreational programs for children or adults with
87		-	intellectual disability may apply to the Department of Developmental
88		-	Services for funds to be used to assist in establishing, maintaining or
89		-	expanding such programs. For the purposes of this section: (1) A [day
90		-	care program (A) may provide for the care and training of preschool age
91		-	children to enable them to achieve their maximum social, physical and
92		-	emotional potential; (B) may provide adolescents and adults with
93		-	intellectual disability with an activity program which includes training
94		-	in one or more of the following areas: (i) Self-care, (ii) activities of daily
95		-	living, (iii) personal and social adjustment, (iv) work habits, and (v)
96		-	skills, speech and language development; (2) a] day camp program may
97		-	provide children or adults with intellectual disability with a supervised
98		-	program of outdoor activities [which] that may be conducted during all
99		-	or part of the months of June, July, August and September; and [(3)] (2)
100		-	a recreational program may provide planned and supervised Senate Bill No. 1065
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102		-	Public Act No. 23-111 4 of 5
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104		-	recreational activities for children or adults with intellectual disability,
105		-	which activities may be of a social, athletic or purely diversionary nature
106		-	and which programs shall be considered separate and apart from the
107		-	day camp program described in subdivision [(2)] (1) of this subsection.
108		-	(b) No grant made under this section to assist in establishing,
109		-	maintaining or expanding any program set forth in subsection (a) of this
110		-	section shall exceed the ordinary and recurring annual operating
111		-	expenses of such program, nor shall any grant be made to pay for all or
112		-	any part of capital expenditures. The Department of Developmental
113		-	Services shall: (1) Define minimum requirements to be met by each
114		-	program in order to be eligible to receive funds as provided for by this
115		-	section in regard to qualification and number of staff members and
116		-	program operation, including, but not limited to, physical plant and
117		-	record keeping; (2) establish procedures to be used in making
118		-	application for such funds; and (3) adopt regulations, in accordance
119		-	with chapter 54, governing the granting of funds to assist in the
120		-	establishment of [day care programs,] day camp programs and
121		-	recreational programs for persons with intellectual disability. Upon
122		-	receipt of proper application, the Department of Developmental
123		-	Services, within available appropriations, may grant such funds,
124		-	provided the plans for financing and the standards of operation of such
125		-	programs shall be approved by the department in accordance with the
126		-	provisions of this section. For the purpose of developing such programs,
127		-	the department may accept grants from the federal government, a
128		-	municipality or any other source.
129		-	Sec. 3. Section 17a-277 of the general statutes is repealed and the
130		-	following is substituted in lieu thereof (Effective from passage):
131		-	A regional or training school director may place any resident with
132		-	intellectual disability committed or admitted to such training school,
133		-	regional facility or other residential facility provided for the care and
134		-	training of persons with intellectual disability, under the provisions of Senate Bill No. 1065
	86	+	privileges of the [ombudsman] ombudsperson. An [ombudsman] 48
	87	+	ombudsperson shall serve a term of four years, not including any time 49
	88	+	served as acting [ombudsman] ombudsperson, and may be 50
	89	+	reappointed by the Governor or shall remain in the position until a 51
	90	+	successor is appointed pursuant to this subsection. Although an 52
	91	+	incumbent [ombudsman] ombudsperson may be reappointed, the 53
	92	+	Governor shall also consider additional candidates from a list 54
	93	+	submitted by the council as provided in this section. 55
	94	+	(d) The director of the [ombudsman] ombudsperson office shall 56
	95	+	report monthly to the Council on Developmental Services and, in 57
	96	+	accordance with the provisions of section 11-4a, annually to the joint 58
	97	+	standing committee of the General Assembly having cognizance of 59
	98	+	matters relating to public health. 60
	99	+	Sec. 2. Section 17a-217 of the general statutes is repealed and the 61
	100	+	following is substituted in lieu thereof (Effective from passage): 62
	101	+	(a) The Department of Developmental Services shall develop [day 63
	102	+	care programs,] day camp programs and recreational programs for 64
	103	+	children and adults with intellectual disability. Any nonprofit 65
	104	+	organization [which] that establishes or maintains [day care 66
	105	+	programs,] day camp programs or recreational programs for children 67
	106	+	or adults with intellectual disability may apply to the Department of 68
	107	+	Developmental Services for funds to be used to assist in establishing, 69
	108	+	maintaining or expanding such programs. For the purposes of this 70
	109	+	section: (1) A [day care program (A) may provide for the care and 71
	110	+	training of preschool age children to enable them to achieve their 72
	111	+	maximum social, physical and emotional potential; (B) may provide 73
	112	+	adolescents and adults with intellectual disability with an activity 74
	113	+	program which includes training in one or more of the following areas: 75
	114	+	(i) Self-care, (ii) activities of daily living, (iii) personal and social 76
	115	+	adjustment, (iv) work habits, and (v) skills, speech and language 77
	116	+	development; (2) a] day camp program may provide children or adults 78
	117	+	with intellectual disability with a supervised program of outdoor 79
	118	+	activities [which] that may be conducted during all or part of the 80 Bill No. 1065
135	119
136		-	Public Act No. 23-111 5 of 5
137	120
138		-	sections 17a-210 to 17a-247, inclusive, and 17a-273, in a community
139		-	companion home, community living arrangement, group home, other
140		-	residential facility or residential program to be cared for in accordance
141		-	with the following conditions:
142		-	(1) Such resident shall, despite such transfer, remain subject to the
143		-	control of the regional or training school director and the director may,
144		-	at any time, order and provide for the return of any such resident to
145		-	such training school, regional facility or other residential facility
146		-	provided for the care and training of persons with intellectual disability;
147		-	(2) When the transfer of any such resident has been authorized or
148		-	when, having been transferred to a community companion home,
149		-	community living arrangement, group home, other residential facility
150		-	or residential program for persons with intellectual disability, such
151		-	resident has returned to the training school, regional facility or other
152		-	residential facility, the regional or training school director shall
153		-	forthwith so notify the Commissioner of Developmental Services;
154		-	(3) Such community companion home, community living
155		-	arrangement, group home, other residential facility or residential
156		-	program shall be licensed or certified by the Department of
157		-	Developmental Services, licensed by the Department of Children and
158		-	Families or certified by the Department of Public Health under such
159		-	regulations as the departments adopt, in accordance with chapter 54;
160		-	and
161		-	(4) The Commissioner of Developmental Services shall, upon request,
162		-	be given access to the complete record of any resident placed in a
163		-	community companion home, community living arrangement, group
164		-	home, other residential facility or residential program pursuant to this
165		-	section.
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	124	+
	125	+	months of June, July, August and September; and [(3)] (2) a 81
	126	+	recreational program may provide planned and supervised 82
	127	+	recreational activities for children or adults with intellectual disability, 83
	128	+	which activities may be of a social, athletic or purely diversionary 84
	129	+	nature and which programs shall be considered separate and apart 85
	130	+	from the day camp program described in subdivision [(2)] (1) of this 86
	131	+	subsection. 87
	132	+	(b) No grant made under this section to assist in establishing, 88
	133	+	maintaining or expanding any program set forth in subsection (a) of 89
	134	+	this section shall exceed the ordinary and recurring annual operating 90
	135	+	expenses of such program, nor shall any grant be made to pay for all or 91
	136	+	any part of capital expenditures. The Department of Developmental 92
	137	+	Services shall: (1) Define minimum requirements to be met by each 93
	138	+	program in order to be eligible to receive funds as provided for by this 94
	139	+	section in regard to qualification and number of staff members and 95
	140	+	program operation, including, but not limited to, physical plant and 96
	141	+	record keeping; (2) establish procedures to be used in making 97
	142	+	application for such funds; and (3) adopt regulations, in accordance 98
	143	+	with chapter 54, governing the granting of funds to assist in the 99
	144	+	establishment of [day care programs,] day camp programs and 100
	145	+	recreational programs for persons with intellectual disability. Upon 101
	146	+	receipt of proper application, the Department of Developmental 102
	147	+	Services, within available appropriations, may grant such funds, 103
	148	+	provided the plans for financing and the standards of operation of 104
	149	+	such programs shall be approved by the department in accordance 105
	150	+	with the provisions of this section. For the purpose of developing such 106
	151	+	programs, the department may accept grants from the federal 107
	152	+	government, a municipality or any other source. 108
	153	+	Sec. 3. Section 17a-277 of the general statutes is repealed and the 109
	154	+	following is substituted in lieu thereof (Effective from passage): 110
	155	+	A regional or training school director may place any resident with 111
	156	+	intellectual disability committed or admitted to such training school, 112
	157	+	regional facility or other residential facility provided for the care and 113 Bill No. 1065
	158	+
	159	+
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	163	+
	164	+	training of persons with intellectual disability, under the provisions of 114
	165	+	sections 17a-210 to 17a-247, inclusive, and 17a-273, in a community 115
	166	+	companion home, community living arrangement, group home, other 116
	167	+	residential facility or residential program to be cared for in accordance 117
	168	+	with the following conditions: 118
	169	+	(1) Such resident shall, despite such transfer, remain subject to the 119
	170	+	control of the regional or training school director and the director may, 120
	171	+	at any time, order and provide for the return of any such resident to 121
	172	+	such training school, regional facility or other residential facility 122
	173	+	provided for the care and training of persons with intellectual 123
	174	+	disability; 124
	175	+	(2) When the transfer of any such resident has been authorized or 125
	176	+	when, having been transferred to a community companion home, 126
	177	+	community living arrangement, group home, other residential facility 127
	178	+	or residential program for persons with intellectual disability, such 128
	179	+	resident has returned to the training school, regional facility or other 129
	180	+	residential facility, the regional or training school director shall 130
	181	+	forthwith so notify the Commissioner of Developmental Services; 131
	182	+	(3) Such community companion home, community living 132
	183	+	arrangement, group home, other residential facility or residential 133
	184	+	program shall be licensed or certified by the Department of 134
	185	+	Developmental Services, licensed by the Department of Children and 135
	186	+	Families or certified by the Department of Public Health under such 136
	187	+	regulations as the departments adopt, in accordance with chapter 54; 137
	188	+	and 138
	189	+	(4) The Commissioner of Developmental Services shall, upon 139
	190	+	request, be given access to the complete record of any resident placed 140
	191	+	in a community companion home, community living arrangement, 141
	192	+	group home, other residential facility or residential program pursuant 142
	193	+	to this section. 143 Bill No. 1065
	194	+
	195	+
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	199	+
	200	+	This act shall take effect as follows and shall amend the following
	201	+	sections:
	202	+
	203	+	Section 1 from passage 17a-210a
	204	+	Sec. 2 from passage 17a-217
	205	+	Sec. 3 from passage 17a-277
	206	+
	207	+	PH Joint Favorable
166	208