Sec. 17a-274. (Formerly Sec. 19a-448). Involuntary placements with the Department of Developmental Services. Application. Notice and hearing. Rights of respondent. Examination by psychologist. Tempora
Sec. 17a-274. (Formerly Sec. 19a-448). Involuntary placements with the Department of Developmental Services. Application. Notice and hearing. Rights of
respondent. Examination by psychologist. Temporary placement. Evaluation of
needs. Fraudulent or malicious applications. (a) Any court of probate shall have the
power to place any person residing in its district whom it finds to be a mentally retarded
person with the Department of Developmental Services for placement in any appropriate
setting which meets his individual habilitative needs in the least restrictive environment
available or which can be created within existing resources of the department, in accordance with the provisions of this section and section 17a-276. No person shall be so
placed unless the court has found the person is mentally retarded and (1) is unable to
provide for himself at least one of the following: Education, habilitation, care for personal health and mental health needs, meals, clothing, safe shelter or protection from
harm; (2) has no family or guardian to care for him or his family or guardian can no
longer provide adequate care for him; (3) is unable to obtain adequate, appropriate
services which would enable him to receive care, treatment and education or habilitation
without placement by a court of probate; and (4) is not willing to be placed under the
custody and control of the Department of Developmental Services or its agents or voluntary admission has been sought by the guardian or limited guardian of such person
appointed pursuant to chapter 779a or the provisions of sections 45a-711 to 45a-725,
inclusive, and such voluntary admission has been opposed by the ward or his next of kin.
(b) Application to the Probate Court for placement under this section may be made
by any interested party. The application and all records of Probate Court proceedings
held as a result of the filing of such application, except for the name of any guardian of
the respondent, shall be sealed and shall be made available only to the respondent or
the respondent's counsel or guardian, and to the Commissioner of Developmental Services or the commissioner's designee, unless the Probate Court, after hearing held with
notice to the respondent or the respondent's counsel or guardian, and to the commissioner or the commissioner's designee, determines that such application and records
should be disclosed for cause shown. The application shall allege that the respondent
is a person with mental retardation and (1) is unable to provide for himself at least one
of the following: Education, habilitation, care for personal health and mental health
needs, meals, clothing, safe shelter or protection from harm; (2) has no family or guardian
to care for the respondent or the respondent's family or guardian can no longer provide
adequate care for the respondent; (3) is unable to obtain adequate, appropriate services
which would enable the respondent to receive care, treatment and education or habilitation without placement by a court of probate; and (4) is not willing to be placed under
the custody and control of the Department of Developmental Services or its agents or
voluntary admission has been sought by the guardian or limited guardian of the respondent appointed pursuant to chapter 779a or the provisions of sections 45a-711 to 45a-725, inclusive, and such voluntary admission has been opposed by the ward or the ward's
next of kin.
(c) Immediately upon the filing of the application, the Probate Court shall assign a
time, date and place for a hearing, such hearing to be held not later than thirty business
days from the date of receipt of the application. The court shall give notice of the hearing
to the respondent, the respondent's guardian or conservator, the respondent's spouse
or, if none, the respondent's children or, if none, the respondent's parents or, if none,
the respondent's siblings, the Commissioner of Developmental Services, the director
of the Office of Protection and Advocacy for Persons with Disabilities, and any other
person who has shown an interest in the respondent.
(d) Notice to the respondent and Commissioner of Developmental Services shall
include: The names of all persons filing the application, the allegations made in the
application, the time, date and place of the hearing, and the name, address and telephone
number of the attorney who will represent the respondent. The notice shall state the
right of the respondent to be present at the hearing, to present evidence, to cross-examine
witnesses who testify at the hearing, and to an independent diagnostic and evaluative
examination by a licensed psychologist of his own choice, who may testify on his behalf.
If the court finds the respondent is indigent, the notice shall further state the respondent
may be represented by counsel of his own choosing, and, if the court finds the respondent
is indigent, that counsel shall be provided without cost. The reasonable compensation
for counsel provided to indigent respondents shall be established by, and paid from
funds appropriated to, the Judicial Department, however, if funds have not been included
in the budget of the Judicial Department for such purposes, such compensation shall
be established by the Probate Court Administrator and paid from the Probate Court
Administration Fund.
(e) Unless the respondent is represented by counsel, the court shall immediately
appoint an attorney to represent the respondent from a list of attorneys admitted to
practice in this state provided by the Probate Court Administrator in accordance with
regulations adopted by the Probate Court Administrator in accordance with section 45a-77. Such attorney may, unless replaced, attend all examinations preceding the hearing
and may copy or inspect any and all reports concerning the respondent.
(f) The court shall appoint a licensed psychologist from a panel of psychologists
provided by the Office of the Probate Court Administrator to examine the respondent.
The psychologist shall prepare a report on a form provided by the Probate Court. Such
report shall include a statement as to whether the respondent is mentally retarded and
an explanation of how the determination was reached. The explanation shall include the
results of a psychological assessment within the past year, an interview or observation of
the respondent, and an evaluation of adaptive behavior. Such report shall include a
statement of the respondent's needs. Duplicate copies of the report shall be filed with
the Commissioner of Developmental Services and all attorneys of record at least five
days prior to the hearing. The court shall order the psychologist to appear for cross-examination at the request of the respondent if the respondent makes such request at
least three days before the hearing.
(g) If the court, after hearing, finds there is clear and convincing evidence that the
respondent is mentally retarded and meets the criteria set out in subsection (a) of this
section, it shall order the respondent placed with the Department of Developmental
Services for placement in the least restrictive environment available or which can be
created within existing resources of the department.
(h) If, after hearing, the court determines that the respondent's need for placement
is so critical as to require immediate placement, the court shall order the respondent to
be temporarily placed in the most appropriate available placement. The Department of
Developmental Services upon receipt of such order shall place the respondent in such
setting and shall proceed according to subsection (i) of this section.
(i) The Department of Developmental Services, upon receipt of an order pursuant
to subsection (g) of this section, shall arrange for an interdisciplinary team to evaluate
the respondent, determine the respondent's priority needs for programming and determine the least restrictive environments in which those needs could be met. The Department of Developmental Services shall place the respondent on the waiting list for all
facilities which have been identified. If no placement has become available within sixty
days, the Commissioner of Developmental Services shall so advise the court and shall
continue to report to the court every thirty days thereafter until an appropriate placement
is available.
(j) Upon receipt of a report under subsection (i) of this section, the Court of Probate,
if it determines that the respondent's need is so critical as to require immediate placement, shall order the respondent to be temporarily placed in the most appropriate available placement.
(k) Any person or agency having reasonable cause to believe that a person is mentally retarded and in need of immediate care and treatment for his safety and welfare,
which care and treatment is not being provided by his family or guardian, shall make a
written report to the Commissioner of Developmental Services. The report shall contain
the name and address of the person believed to be mentally retarded and in need of
immediate care and treatment, and his parent or other person responsible for his care,
and all evidence forming the basis for such belief and shall be signed and dated by
the person making such report. The Commissioner of Developmental Services shall
promptly determine whether there is reasonable cause to believe that the person named
in the report is mentally retarded and in need of immediate care and treatment, which
care and treatment is not being provided by such person's family or guardian, and if the
commissioner so determines, shall assume the care and custody of such person. The
commissioner or his designee shall, within twenty-four hours, excluding Saturdays,
Sundays and legal holidays, after assuming the care and custody of such person, (1)
notify the office of protection and advocacy and (2) file an application pursuant to
subsection (b) of this section in the court of probate for the district in which such person
resided prior to emergency placement. The court of probate in which such application
is filed shall assign a time and place for a hearing pursuant to subsection (c) of this
section.
(l) In the event that any person placed under the provisions of this section is recommended for transfer by the Department of Developmental Services, the department shall
proceed as required by subsection (c) of section 17a-210 and shall in addition notify the
probate court which made the placement.
(m) Any person who wilfully files or attempts to file, or conspires with any person
to file a fraudulent or malicious application for the placement of any person pursuant
to this section, shall be fined not more than one thousand dollars or imprisoned not more
than five years or both.
(n) For the purposes of this section, (1) "interdisciplinary team" means a group of
persons appointed by the Commissioner of Developmental Services, including a social
worker, psychologist, nurse, residential programmer, educational or vocational programmer and such other persons as may be appropriate; (2) "mentally retarded person"
means a person who has mental retardation as defined in section 1-1g; (3) "respondent"
means a person alleged to be a mentally retarded person for whom an application for
placement has been filed; (4) "placement" means placement in a community training
home, group home, regional facility or other residential facility for mentally retarded
persons.
(1961, P.A. 489, S. 2; P.A. 75-5, S. 1; 75-420, S. 4, 6; 75-638, S. 6, 23; P.A. 76-153, S. 3; P.A. 77-614, S. 521, 610;
P.A. 79-583, S. 1; P.A. 80-311, S. 2, 5; 80-476, S. 351, 352; 80-483, S. 84, 186; P.A. 82-363, S. 1; P.A. 83-295, S. 23; 83-420, S. 4; P.A. 86-41, S. 3, 11; P.A. 88-28, S. 1, 8; P.A. 89-326, S. 6, 7; P.A. 96-170, S. 4, 23; P.A. 97-90, S. 5, 6; P.A.
00-22, S. 1; P.A. 03-278, S. 122; P.A. 07-73, S. 2(a), (b).)
History: P.A. 75-5 removed references to commitment of epileptic persons and deleted two-year residency requirement
for commitment eligibility; P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 75-638 replaced mental retardation office and deputy commissioner with department and commissioner of mental retardation;
P.A. 76-153 replaced "certified" psychologist with "licensed" psychologist; Sec. 17-172d transferred to Sec. 19-569d in
1977; P.A. 77-614 replaced commissioner of social services with commissioner of human resources, effective January 1,
1979; P.A. 79-583 essentially rewrote provisions in greater detail, dividing section into Subsecs., referring to placement
rather than commitment, broadening eligibility for placement, stating application contents, providing for legal counsel,
detailing notice contents, and setting forth respondent's right to relevant information; P.A. 80-311 allowed mental retardation commissioner to make application in Subsec. (a), required commissioner to be notified of application and hearing,
placed deadline for holding hearing, required judicial department to compensate counsel of indigent respondent in Subsec.
(b) and otherwise merged Subsec. (c) into Subsec. (b), inserted new Subsecs. (c) and (d) re hearing to determine whether
person is mentally retarded and in need of care, redesignating former Subsec. (d) as Subsec. (e), deleted former Subsec.
(e) re placements and added Subsecs. (f) to (i) re hearing to determine proper placement and other matters regarding
placement; P.A. 80-476 repealed amendments enacted in P.A. 80-311; P.A. 80-483 confirmed repeal of amendments
enacted in P.A. 80-311; P.A. 82-363 revised criteria and procedures for involuntary placement of mentally retarded persons
and provided for placement of such persons with the department of mental retardation; Sec. 19-569d transferred to Sec.
19a-448 in 1983; P.A. 83-295 amended Subsec. (d) to provide that the reasonable compensation for counsel provided to
indigent respondents shall be established and paid by the judicial department; P.A. 83-420 amended Subsecs. (a)(4) and
(b)(4) by adding language re voluntary admission and opposition to such admission by ward or next of kin, deleting
references to placement "being sought or contested"; P.A. 86-41 made technical change in Subsec. (n); P.A. 88-28 made
a technical change; P.A. 89-326 amended Subsec. (d) to provide that a psychologist who testifies on behalf of the respondent
shall be compensated from the probate court administration fund, rather than by funds appropriated to the judicial department, and that the compensation of counsel provided to indigent respondents shall be established by the probate court
administrator, rather than by the judicial department, and be paid from the probate court administration fund, rather than
from funds appropriated the judicial department; Sec. 19a-448 transferred to Sec. 17a-274 in 1991; P.A. 96-170 amended
Subsec. (d) by changing funding of compensation of counsel from Probate Court Administration Fund to funds appropriated
to Judicial Department, unless funds are not included in budget of Judicial Department for such purpose, effective July 1,
1998; (Revisor's note: In codifying Subsec. (d) the Revisors editorially inserted the word "and" in the phrase "... who
testify at the hearing, and to an independent diagnostic ..."); P.A. 97-90 revised effective date of P.A. 96-170 but without
affecting this section; P.A. 00-22 amended Subsec. (b) by making technical changes and adding provisions re disclosure
of the application and records of Probate Court proceedings; P.A. 03-278 made technical changes in Subsec. (c), effective
July 9, 2003; pursuant to P.A. 07-73 "Commissioner of Mental Retardation" and "Department of Mental Retardation" were
changed editorially by the Revisors to "Commissioner of Developmental Services" and "Department of Developmental
Services", effective October 1, 2007.
See Secs. 17a-280 and 17a-282 re recommitment and transfers of committed mentally retarded persons.
See Sec. 17a-474 re release and transfer of inmates of humane institutions.
See Sec. 17b-732 re uniform forms for commitment of minors.
See Secs. 53a-168, 53a-171 and 53a-171a re penalties for offenses of escape from custody and assisting escape.