Sec. 17a-232. (Formerly Sec. 19a-467b). Application for receivership. Hearing. Emergency order.
Sec. 17a-232. (Formerly Sec. 19a-467b). Application for receivership. Hearing. Emergency order. (a) An application to appoint a receiver for a residential facility
for mentally retarded persons may be filed in the Superior Court by the Commissioner
of Developmental Services or the director of the Office of Protection and Advocacy for
Persons with Disabilities. A resident of the facility or the resident's legally liable relative,
conservator, or guardian may file a written complaint with the Commissioner of Developmental Services specifying conditions at the facility which warrant an application to
appoint a receiver. If the Commissioner of Developmental Services fails to resolve the
complaint within forty-five days of its receipt or, in the case of a facility which intends
to close, within seven days of its receipt, the person who filed the complaint may file
an application in the Superior Court for the appointment of a receiver for the facility.
The court shall immediately notify the Attorney General of the application. The court
shall hold a hearing not later than ten days after the date the application is filed. Notice
of the hearing shall be given to the owner of the facility or the owner's agent for service
of process not less than five days prior to the hearing. The notice shall be posted by the
court in a conspicuous place inside the facility for not less than three days prior to the
hearing.
(b) Notwithstanding the provisions of subsection (a) of this section the court may
appoint a receiver upon an ex parte motion when affidavits, testimony or any other
evidence presented indicates that there is a reasonable likelihood an emergency exists
in the facility which must be remedied immediately to insure the health, safety and
welfare of the residents of the facility. Notice of the application and order shall be served
on the owner or his agent for service of process and shall be posted in a conspicuous
place inside the facility not later than twenty-four hours after issuance of the order. A
hearing on the application shall be held not later than five days after the issuance of the
order unless the owner consents to a later date.
(June Sp. Sess. P.A. 83-39, S. 8; P.A. 89-144, S. 8; P.A. 07-73, S. 2(b).)
History: P.A. 89-144 amended Subsec. (a) 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; Sec. 19a-467b transferred to Sec. 17a-232 in 1991; pursuant to P.A. 07-73 "Commissioner of Mental Retardation" was changed
editorially by the Revisors to "Commissioner of Developmental Services", effective October 1, 2007.