Sec. 17a-210. (Formerly Sec. 19a-460). Department and Commissioner of Developmental Services. Duties. Patient transfer, programs and placement. Right to object and hearing.
Sec. 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 mental retardation 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 mental retardation. 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 mental retardation; (2) the implementation and where 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 mental
retardation. The commissioner shall be responsible for the administration and operation
of the state training school, state developmental services regions and all state-operated
community-based residential facilities established for the diagnosis, care and training of
persons with mental retardation. 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 mental
retardation 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 retardation
and care and training of persons with mental retardation. 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. In the event of the death of a person with mental retardation
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. 25 of Governor John
G. Rowland. The commissioner shall report to the board and the board shall review any
death: (A) Involving an allegation of abuse or neglect; (B) for which the Office of Chief
Medical Examiner or local medical examiner has accepted jurisdiction; (C) in which
an autopsy was performed; (D) which was sudden and unexpected; or (E) 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.
(b) The commissioner shall be responsible for the development of criteria as to the
eligibility of any person with mental retardation for residential care in any public or state-supported private institution and, after considering the recommendation of a properly
designated diagnostic agency, may assign such person to a public or state-supported
private institution. The commissioner may transfer such persons from one such institution to another when necessary and desirable for their welfare, provided such person
and such person's parent, conservator, guardian or other legal representative receive
written notice of their right to object to such transfer at least ten days prior to the proposed
transfer of such person from any such institution or facility. Such prior notice shall not
be required when transfers are made between residential units within the training school
or a state developmental services region or when necessary to avoid a serious and immediate threat to the life or physical or mental health of such person or others residing in such
institution or facility. The notice required by this subsection shall notify the recipient of
his or her right to object to such transfer, except in the case of an emergency transfer
as provided in this subsection, and shall include the name, address and telephone number
of the Office of Protection and Advocacy for Persons with Disabilities. In the event of
an emergency transfer, the notice required by this subsection shall notify the recipient
of his or her right to request a hearing in accordance with subsection (c) of this section
and shall be given within ten days following the emergency transfer. In the event of an
objection to the proposed transfer, the commissioner shall conduct a hearing in accordance with subsection (c) of this section and the transfer shall be stayed pending final
disposition of the hearing, provided no such hearing shall be required if the commissioner withdraws such proposed transfer.
(c) Any person with mental retardation who is eighteen years of age or older and
who resides at any institution or facility operated by the Department of Developmental
Services, or the parent, guardian, conservator or other legal representative of any person
with mental retardation who resides at any such institution or facility, may object to any
transfer of such person from one institution or facility to another for any reason other
than a medical reason or an emergency, or may request such a transfer. In the event of any
such objection or request, the commissioner shall conduct a hearing on such proposed
transfer, provided no such hearing shall be required if the commissioner withdraws such
proposed transfer. In any such transfer hearing, the proponent of a transfer shall have
the burden of showing, by clear and convincing evidence, that the proposed transfer is
in the best interest of the resident being considered for transfer and that the facility
and programs to which transfer is proposed (1) are safe and effectively supervised and
monitored, and (2) provide a greater opportunity for personal development than the
resident's present setting. Such hearing shall be conducted in accordance with the provisions of chapter 54.
(d) Any person, or the parent, guardian, conservator or other 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 mental retardation, or the parent, guardian, conservator or other
legal representative of such person, may request a hearing to contest the priority 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 mental retardation or the parent, guardian, conservator or other
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 parent, guardian, conservator or other
legal representative of such person, at least 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.
(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.)
History: 1963 act eliminated deputy commissioner's responsibility for the Mansfield-Southbury social service; P.A.
75-594 added Subsec. (b) re requests for transfers; P.A. 75-638 replaced office of mental retardation in health department
with independent department of mental retardation headed by commissioner appointed by the governor; P.A. 76-153
included responsibility for regional centers in commissioner's duties and again replaced office of mental retardation with
independent department of mental retardation; Sec. 19-4c transferred to Sec. 19-570 in 1977; P.A. 81-185 added provisions
re required notice of intended transfers of persons from one institution to another in Subsec. (a) and amended Subsec. (b)
to include conservators or other legal representatives as persons authorized to request hearing; Sec. 19-570 transferred to
Sec. 19a-460 in 1983; P.A. 83-64 amended Subsec. (a) to include vocational training and work activity programs under
the commissioner's responsibility and supervision; P.A. 86-41 substituted references to mental retardation regions for
references to regional centers and made other technical changes in Subsec. (a); P.A. 87-109 substituted "services" for
"program" and "persons with mental retardation" for "mentally retarded"; P.A. 88-28 divided Subsec. (a) into two subsections, relettering Subsec. (b) as Subsec. (c) and substituted "residential, day and program support services" for "diagnostic
facilities, day care centers, habilitation centers, sheltered workshops, boarding homes and other facilities"; P.A. 88-317
amended reference to Secs. 4-177 to 4-184 in Subsec. (b) to include new sections added to Ch. 54, effective July 1, 1989,
and applicable to all agency proceedings commencing on or after that date; P.A. 89-144 amended Subsec. (b) by substituting
the office of protection and advocacy for persons with disabilities for the office of protection and advocacy for handicapped
and developmentally disabled persons; P.A. 89-325 deleted the references to Secs. 19a-477 to 19a-479, inclusive, in Subsec.
(a); P.A. 90-164 made technical changes in Subsec. (a) and deleted a provision requiring the council on mental retardation
to recommend the appointment of the commissioner and added authority for the council to advise the governor on the
appointment; Sec. 19a-460 transferred to Sec. 17a-210 in 1991; P.A. 91-193 added Subsec. (d) authorizing the parent,
guardian, conservator or other legal representative of a person, or the person himself, to request a hearing by the department
on certain final decisions of the department; P.A. 91-406 substituted "determination" for "decision" in the phrase "final
decision" in Subsec. (d); P.A. 94-124 required that commissioner conduct investigations of allegations of abuse and neglect
and made technical changes; P.A. 94-222 amended Subsec. (a) to provide for services to persons with Prader-Willi Syndrome; June 18 Sp. Sess. P.A. 97-8 made technical changes in Subsecs. (a) and (b) and in (c) added the evidentiary
requirements for transfer hearings, effective July 1, 1997; P.A. 00-135 amended Subsec. (a) to add provision re power of
commissioner to monitor investigations, effective May 26, 2000; P.A. 01-140 amended Subsec. (a) by making technical
changes, amended Subsec. (b) by making technical changes and adding provisions re notice of right to object to transfer
and withdrawal of proposed transfer, amended Subsec. (c) by making technical changes, deleting provision re request for
hearing and adding provisions re objection to or request for transfer and withdrawal of proposed transfer, amended Subsec.
(d) by making technical changes and deleting provisions re hearing for use of behavior-modifying medications or aversive
procedures and determination of inappropriate community placement, and added new Subsec. (e) re objection to and hearing
for proposed approval of use of behavior-modifying medications or aversive procedures and proposed determination of
inappropriate community placement; P.A. 03-146 amended Subsec. (a) by adding provisions re duties in the event of death
of a person for whom department has direct or oversight responsibility; P.A. 05-256 amended Subsec. (c) to permit person
with mental retardation residing at institution or facility who is 18 years of age or older to object to transfer to another
institution or facility, made technical changes in Subsec. (d), added new Subsec. (e) to permit person with mental retardation,
or parent, guardian, conservator or other legal representative of person, to contest priority assignment made by department
re residential placement, services or support, redesignated existing Subsec. (e) as Subsec. (f) and made technical changes
therein; P.A. 07-73 amended Subsecs. (a) and (c) by renaming the Department and Commissioner of Mental Retardation
as the Department and Commissioner of Developmental Services; P.A. 08-7 amended Subsec. (a) by renaming Council
on Mental Retardation as Council on Developmental Services and changing reference from "retardation" to "mental retardation" and amended Subsecs. (a) and (b) by renaming state mental retardation regions as state developmental services
regions, effective April 29, 2008; P.A. 08-42 amended Subsec. (a) by renaming Council on Mental Retardation as Council
on Developmental Disabilities, renaming state mental retardation regions as state developmental services regions, adding
provision re commissioner's responsibility for stimulating research and adding provision re operation of department's
mortality review process and Independent Mortality Review Board.
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 Mental Retardation.
See Sec. 17a-283a re moratorium on sale, lease or transfer of state property used for residential purposes by persons
with mental retardation or psychiatric disabilities.
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 Sec. 19a-24 re liability of commissioner and staff members for damages.
See Secs. 20-14h to 20-14j, inclusive, re administration of medication in day and residential programs and facilities.
Annotation to former section 19-570:
Cited. 31 CS 197.
Annotations to former section 19a-460:
Cited. 30 CA 463.
Subsec. (b):
Cited. 207 C. 296.
Annotation to present section:
Cited. 30 CA 463.