Conn. Gen. Stat. § 17a-210

Current with legislation from the 2024 Regular and Special Sessions.

Section 17a-210 - (Formerly Sec. 19a-460). Department and Commissioner of Developmental Services. Duties. Patient transfer, programs and placement. Right to object and hearing

(a) There shall be a Department of Developmental Services. The Department of Developmental Services, with the advice of a Council on Developmental Services, shall be responsible for the planning, development and administration of complete, comprehensive and integrated state-wide services for persons with intellectual disability and persons medically diagnosed as having Prader-Willi syndrome. The Department of Developmental Services shall be under the supervision of a Commissioner of Developmental Services, who shall be appointed by the Governor in accordance with the provisions of sections 4-5 to 4-8, inclusive. The Council on Developmental Services may advise the Governor on the appointment. The commissioner shall be a person who has background, training, education or experience in administering programs for the care, training, education, treatment and custody of persons with intellectual disability. The commissioner shall be responsible, with the advice of the council, for:

(1) Planning and developing complete, comprehensive and integrated state-wide services for persons with intellectual disability;

(2) the implementation and when appropriate the funding of such services; and

(3) the coordination of the efforts of the Department of Developmental Services with those of other state departments and agencies, municipal governments and private agencies concerned with and providing services for persons with intellectual disability. The commissioner shall be responsible for the administration and operation of the Southbury Training School, state developmental services regions and all state-operated community-based residential facilities established for the diagnosis, care and training of persons with intellectual disability. The commissioner shall be responsible for establishing standards, providing technical assistance and exercising the requisite supervision of all state-supported residential, day and program support services for persons with intellectual disability and work activity programs operated pursuant to section 17a-226. The commissioner shall stimulate research by public and private agencies, institutions of higher education and hospitals, in the interest of the elimination and amelioration of intellectual disability and care and training of persons with intellectual disability. The commissioner shall conduct or monitor investigations into allegations of abuse and neglect and file reports as requested by state agencies having statutory responsibility for the conduct and oversight of such investigations. The commissioner shall receive and investigate complaints from persons with intellectual disabilities and persons receiving services from the Department of Social Services' Division of Autism Spectrum Disorder Services, legal representatives of such persons or any other interested person.

(b) In the event of the death of a person with intellectual disability for whom the department has direct or oversight responsibility for medical care, the commissioner shall ensure that a comprehensive and timely review of the events, overall care, quality of life issues and medical care preceding such death is conducted by the department and shall, as requested, provide information and assistance to the Independent Mortality Review Board established by Executive Order No. 57 of Governor Dannel P. Malloy. The commissioner shall report to the board and the board shall review any death:

(1) Involving an allegation of abuse or neglect;

(2) for which the Office of the Chief Medical Examiner or local medical examiner has accepted jurisdiction;

(3) in which an autopsy was performed;

(4) which was sudden and unexpected; or (5) in which the commissioner's review raises questions about the appropriateness of care. The department's mortality review process and the Independent Mortality Review Board shall operate in accordance with the peer review provisions established under section 19a-17b for medical review teams and confidentiality of records provisions established under section 19a-25 for the Department of Public Health.

(c) The commissioner shall be responsible for the development of criteria as to the eligibility of any person with intellectual disability for residential care in any public or state-supported private residential facility and may assign such person to a public or state-supported private residential facility.

(d) Any person with intellectual disability, or the legal representative of such person, may request a hearing for any final determination by the department that denies such person eligibility for programs and services of the department. A request for a hearing shall be made in writing to the commissioner. Such hearing shall be conducted in accordance with the provisions of chapter 54.

(e) Any person with intellectual disability, or the legal representative of such person, may request a hearing to contest the category assignment made by the department for persons seeking residential placement, residential services or residential support. A request for hearing shall be made, in writing, to the commissioner. Such hearing shall be conducted in accordance with the provisions of chapter 54.

(f) Any person with intellectual disability or the legal representative of such person, may object to (1) a proposed approval by the department of a program for such person that includes the use of behavior-modifying medications or aversive procedures, or (2) a proposed determination of the department that community placement is inappropriate for such person placed under the direction of the commissioner. The department shall provide written notice of any such proposed approval or determination to the person, or to the legal representative of such person, not less than ten days prior to making such approval or determination. In the event of an objection to such proposed approval or determination, the commissioner shall conduct a hearing in accordance with the provisions of chapter 54, provided no such hearing shall be required if the commissioner withdraws such proposed approval or determination.

Conn. Gen. Stat. § 17a-210

(1959, P.A. 148, S. 22; 1963, P.A. 377, S. 3; P.A. 75-594; 75-638, S. 2, 23; P.A. 76-153, S. 1; P.A. 81-185; P.A. 83-64, S. 1, 4; P.A. 86-41, S. 9, 11; P.A. 87-109, S. 1, 2; P.A. 88-28, S. 2, 8; 88-317, S. 80, 107; P.A. 89-144, S. 7; 89-325, S. 21, 26; P.A. 90-164, S. 4; P.A. 91-193 ; 91-406 , S. 22 , 29 ; P.A. 94-124 , S. 1 ; 94-222 , S. 2 ; June 18 Sp. Sess. P.A. 97-8 , S. 22 , 88 ; P.A. 00-135 , S. 1 , 21 ; P.A. 01-140 , S. 1 ; P.A. 03-146 , S. 1 ; P.A. 05-256 , S. 9 ; P.A. 07-73 , S. 1 , 2 (a), (b); P.A. 08-7 , S. 1 ; 08-42 , S. 1 ; P.A. 09-11 , S. 2 ; P.A. 11-16 , S. 2 ; P.A. 17-61 , S. 1 ; June Sp. Sess. P.A. 17-2 , S. 86 , 87 ; P.A. 18-32 , S. 1 .)

Amended by P.A. 24-0122,S. 7 of the Connecticut Acts of the 2024 Regular Session, eff. 7/1/2024.

Amended by P.A. 18-0032, S. 1 of the Connecticut Acts of the 2018 Regular Session, eff. 7/1/2018.

Amended by P.A. 17-0002, S. 86 of the Connecticut Acts of the 2017 Special Session, eff. 7/1/2018.

Amended by P.A. 17-0002, S. 87 of the Connecticut Acts of the 2017 Special Session, eff. 10/31/2017.

Amended by P.A. 17-0061, S. 1 of the Connecticut Acts of the 2017 Regular Session, eff. 7/1/2018.

Amended by P.A. 11-0016, S. 2 of the the 2011 Regular Session, eff. 5/24/2011.

Amended by P.A. 09-0011, S. 2 of the the 2009 Regular Session, eff. 10/1/2009.

Annotation to former section 19-570: Cited. 31 CS 197 . Annotation to former section 19a-460 : Cited. 207 C. 296 . Annotation to present section: Cited. 30 CA 463 .

See Sec. 1-101aa re provider participation in informal committees, task forces and work groups of department not deemed to be lobbying. See Sec. 17a-270 et seq. re Council on Developmental Services. See Sec. 17a-475a re medical services for women in state-operated facilities. See Sec. 17b-492b re authority of Commissioner of Developmental Services with respect to Medicare Part D program. See Secs. 20-14 h to 20-14j, inclusive, re administration of medication in day and residential programs and facilities.