Section 46a-11c - (Formerly Sec. 19a-458b). Initial determination and evaluation of report. Investigation of certain deaths. Electronic copy of reports(a) The commissioner, upon receiving a report that a person with intellectual disability allegedly is being or has been abused or neglected, shall make an initial determination whether such person has intellectual disability, shall determine if the report warrants investigation and shall cause, in cases that so warrant, a prompt, thorough evaluation to be made to determine whether the person has intellectual disability and has been abused or neglected. For the purposes of sections 46a-11a to 46a-11g, inclusive, the determination of intellectual disability may be made by means of a review of records and shall not require the commissioner to conduct a full psychological examination of the person. Any delay in making such determination of intellectual disability shall not delay the investigation of abuse or neglect or recommendation of provision of protective services. The evaluation shall include a visit to the named person with intellectual disability and consultation with those individuals having knowledge of the facts of the particular case. All state, local and private agencies shall have a duty to cooperate with any investigation conducted by the Department of Developmental Services under this section, including the release of complete records of the named person for review, inspection and copying, except where the person with intellectual disability refuses to permit such records to be released. The commissioner shall have subpoena powers to compel any information related to such investigation. All records of the named person shall be kept confidential by said department. Upon completion of the evaluation of each case, written findings shall be prepared which shall include a determination of whether abuse or neglect has occurred and recommendations as to whether protective services are needed. The commissioner, except in cases where the legal representative is the alleged or substantiated perpetrator of abuse or neglect or is residing with the alleged or substantiated perpetrator, shall notify the legal representative, if any, of the person with intellectual disability if a report of abuse or neglect is made which the commissioner determines warrants investigation. The commissioner, except in cases where the legal representative is the alleged or substantiated perpetrator of abuse or neglect or is residing with the alleged or substantiated perpetrator, shall provide the legal representative who the commissioner determines is entitled to such information with further information upon request. The person filing the report of abuse or neglect shall be notified of the findings upon such person's request.(b) The commissioner, upon receiving a report that a person who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services, allegedly is being or has been abused or neglected, shall make an initial determination whether such person receives funding or services from said division, shall determine if the report warrants investigation and shall cause, in cases that so warrant, a prompt, thorough evaluation, as described in subsection (b) of section 17a-247f, to be made by the Department of Developmental Services to determine whether the person has been abused or neglected.(c) In cases where there is a death of a person with intellectual disability for whom the Department of Developmental Services has direct or oversight responsibility for medical care, and there is reasonable cause to suspect or believe that such death may be due to abuse or neglect, the commissioner shall conduct an investigation to determine whether abuse or neglect occurred, except as may be otherwise required by court order. The commissioner shall establish protocols for conducting such investigations.(d) The commissioner shall maintain an electronic copy of the reports received of alleged abuse or neglect and all evaluation reports.(e) Neither the original report of alleged abuse or neglect nor the evaluation report of the investigator which includes findings and recommendations shall be deemed a public record for purposes of section 1-210. The original report of alleged abuse or neglect or the evaluation report of the investigator shall not be provided to a legal representative who is the alleged or substantiated perpetrator of abuse or neglect or is residing with the alleged or substantiated perpetrator. The name of the person making the original report shall not be disclosed to any person unless the person making the original report consents to such disclosure or unless a judicial proceeding results therefrom.Conn. Gen. Stat. § 46a-11c
(P.A. 84-514, S. 3, 11; P.A. 86-285, S. 4; P.A. 89-144, S. 6; P.A. 95-63, S. 3; P.A. 03-146, S. 3; P.A. 04-12, S. 3; P.A. 07-73, S. 2 (a), (b); P.A. 11-16, S. 38; P.A. 14-165, S. 7; May Sp. Sess. P.A. 16-3, S. 58; June Sp. Sess. P.A. 17-2, S. 90; P.A. 18-32, S. 32.)
Amended by P.A. 21-0135,S. 3 of the Connecticut Acts of the 2021 Regular Session, eff. 7/7/2021.Amended by P.A. 18-0032, S. 32 of the Connecticut Acts of the 2018 Regular Session, eff. 7/1/2018.Amended by P.A. 17-0002, S. 90 of the Connecticut Acts of the 2017 Special Session, eff. 10/31/2017.Amended by P.A. 16-0003, S. 58 of the Connecticut Acts of the 2016 Special Session, eff. 7/1/2016.Amended by P.A. 14-0165, S. 7 of the Connecticut Acts of the 2014 Regular Session, eff. 10/1/2014.Amended by P.A. 11-0016, S. 38 of the the 2011 Regular Session, eff. 5/24/2011.