Sec. 17a-281. (Formerly Sec. 19a-455). Voluntary admission to facility for persons with mental retardation. Termination of admission.
Sec. 17a-281. (Formerly Sec. 19a-455). Voluntary admission to facility for persons with mental retardation. Termination of admission. Any person who is a resident of Connecticut at the time an application is made by him or on his behalf under
the provisions of this section, and who is, or appears to be, or believes himself to be a
person with mental retardation, may apply, in writing, to the Commissioner of Developmental Services, on a form prescribed by said commissioner, for admission to any facility
for persons with mental retardation. Such application shall be accompanied by a medical
history of the applicant, including any medical or physical condition requiring special
attention, treatment or precautions, a written psychological report provided by a psychologist either licensed under the provisions of chapter 383 or employed by the Department
of Developmental Services, who has personally examined the applicant prior to the
filing of application for residential placement or a copy of the determination of eligibility
made in accordance with section 17a-212 and the regulations adopted thereunder. The
written psychological report shall include (1) a statement that the psychologist has personally examined the applicant not more than ninety days prior to the filing of the
application, (2) the results of a psychometric assessment conducted not more than one
year prior to the filing of the application and (3) an evaluation of the applicant's current
level of adaptive functioning, including self-care, mental health, social, academic and
vocational needs. In the event of an emergency, admission to a residential facility may
be made and the required medical history and psychologist's report may be submitted
within thirty days after such admission. The application for such person, if such person
is a minor, may be made by a parent, guardian of the person of, or person having custody
of, such minor. If such person is an adult who has had a guardian appointed pursuant
to sections 45a-669 to 45a-684, inclusive, his guardian may apply for admission and
the commissioner may admit such person, provided said commissioner is satisfied that
there is no conflict concerning the admission between the guardian and his ward or the
ward's next of kin. If such conflict exists, the applicant may only be admitted under the
provisions of section 17a-274. The commissioner may approve any such application
for admission if the person on whose behalf application is made is suitable for admission
and if space is available and may terminate such admission at any time when he feels
such person will not profit from continued placement. The provisions of this section
shall not apply to persons who apply to the commissioner for respite care services for
a period not to exceed thirty days.
(1961, P.A. 260, S. 1; 1963, P.A. 377, S. 1; P.A. 75-5, S. 2; 75-638, S. 9, 23; P.A. 76-153, S. 8; P.A. 82-82; P.A. 83-31; 83-420, S. 3; P.A. 86-41, S. 7, 11; P.A. 87-152, S. 1, 4; P.A. 95-109; P.A. 07-73, S. 2(a), (b).)
History: 1963 act included epileptic persons and stipulated psychological diagnostic evaluation be made only when
applicant has physical and mental capacity for evaluation; P.A. 75-5 removed two-year residency requirement for eligibility
and removed epileptic persons from purview of section; P.A. 75-638 replaced deputy commissioner of mental retardation
with commissioner of mental retardation reflecting creation of independent department of mental retardation; P.A. 76-153
specified "facility for the mentally retarded" where previous wording referred generally to schools, centers, institutions,
etc. and replaced "certified" psychologists with "licensed" psychologists; Sec. 17-175a transferred to Sec. 19-569l in 1977;
P.A. 82-82 eliminated the requirement that the commissioner of mental retardation approve an application for admission
to a residential facility for the mentally retarded if the person is suitable for admission, requiring instead that person be
free from communicable disease, allowed the commissioner to approve the application if space is available, specified
contents of psychological report, added provision re delayed submission of required documents in emergency admissions
and required commissioner to adopt regulations in accordance with chapter 54; Sec. 19-569l transferred to Sec. 19a-455
in 1983; P.A. 83-31 excluded applications for respite care services for 30 days or less from provisions re voluntary admission
to facilities for the mentally retarded; P.A. 83-420 added language re admission of adult adjudicated incompetent by his
guardian, deleting prior provision which had allowed conservator or person having custody of an adult incompetent to
make application for admission; P.A. 86-41 substituted "regional facility" for "regional center" where appearing; P.A. 87-152 substituted "person with mental retardation" for "mentally retarded" throughout section and deleted reference to
mentally ill; Sec. 19a-455 transferred to Sec. 17a-281 in 1991; P.A. 95-109 replaced the requirement for a certificate on
communicable diseases with a requirement that the medical history include any condition requiring special attention,
treatment or precautions or that the application be accompanied by a copy of the determination of eligibility under Sec.
17a-212, deleted reference to training schools, replaced "been adjudicated incompetent" with "had a guardian appointed"
and eliminated a requirement that the commissioner adopt regulations; (Revisor's note: In 2005, a reference to Sec. 45a-668 was changed editorially by the Revisors to Sec. 45a-669 to reflect the repeal of Sec. 45a-668 by P.A. 04-54); 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.