Sec. 19a-221. (Formerly Sec. 19-94). Order of quarantine or isolation of certain persons. Appeal of order. Hearing.
Sec. 19a-221. (Formerly Sec. 19-94). Order of quarantine or isolation of certain persons. Appeal of order. Hearing. (a) Any town, city, borough or district director
of health may order any person isolated or quarantined whom such director has reasonable grounds to believe to be infected with a communicable disease or to be contaminated, if such director determines such person poses a substantial threat to the public
health and isolation or quarantine is necessary to protect or preserve the public health,
except that in the event the Governor declares a public health emergency, pursuant to
section 19a-131a, each town, city, borough and district director of health shall comply
with and carry out any order the Commissioner of Public Health issues in furtherance
of the Governor's order pursuant to the declaration of the public health emergency.
(b) (1) The director shall adhere to the following conditions and principles when
isolating or quarantining persons: (A) Isolation and quarantine shall be by the least
restrictive means necessary to prevent the spread of a communicable disease or contamination to others and may include, but not be limited to, confinement to private homes
or other private or public premises; (B) quarantined persons shall be confined separately
from isolated persons; (C) the health status of isolated or quarantined persons shall be
monitored frequently to determine if they continue to require isolation or quarantine; (D)
if a quarantined person subsequently becomes infected or contaminated or is reasonably
believed to have become infected with a communicable disease or contaminated, such
person shall be promptly moved to isolation; (E) isolated or quarantined persons shall
be immediately released when they are no longer infectious or capable of contaminating
others or upon the order of a court of competent jurisdiction; (F) the needs of persons
isolated or quarantined shall be addressed in a systematic and competent fashion, including, but not limited to, providing adequate food, clothing, shelter, means of communication with those in isolation or quarantine and outside those settings, medication and
competent medical care; (G) premises used for isolation and quarantine shall be maintained in a safe and hygienic manner and be designed to minimize the likelihood of
further transmission of infection or other harms to individuals isolated or quarantined;
(H) to the extent possible without jeopardizing the public health, family members and
members of a household shall be kept together, and guardians shall stay with their minor
wards; and (I) to the extent possible, cultural and religious beliefs shall be considered
in addressing the needs of persons and establishing and maintaining premises used for
quarantine and isolation.
(2) The order by the director shall be in writing setting forth: (A) The name of the
person to be isolated or quarantined, (B) the basis for the director's belief that the person
has a communicable disease or has been contaminated and poses a substantial threat to
the public health and that isolation or quarantine is necessary to protect or preserve the
public health, (C) the period of time during which the order shall remain effective, (D)
the place of isolation or quarantine that may include, but need not be limited to, private
homes or other private or public premises, as designated by the director, and (E) such
other terms and conditions as may be necessary to protect and preserve the public health.
Such order shall also inform the person isolated or quarantined that such person has the
right to consult an attorney, the right to a hearing under this section, and that if such a
hearing is requested, he has the right to be represented by counsel, and that counsel will
be provided at the state's expense if he is unable to pay for such counsel. A copy of the
order shall be given to such person. In determining the duration of the order, the director
shall consider, to the extent known, the length of incubation of the communicable disease
or contamination, the date of the person's exposure and the person's medical risk of
exposing others to such communicable disease or contamination. Within twenty-four
hours of the issuance of the order, the director of health shall notify the Commissioner
of Public Health that such an order has been issued. The order shall be effective for not
more than twenty days, provided further orders of confinement pursuant to this section
may be issued as to any respondent for successive periods of not more than twenty days
if issued before the last business day of the preceding period of isolation or quarantine.
(c) A person ordered isolated or quarantined under this section shall be isolated or
quarantined in a place designated by the director of health until such time as such director
determines such person no longer poses a substantial threat to the public health or is
released by order of a probate court for the district in which such person is isolated or
quarantined. Any person who desires treatment by prayer or spiritual means without
the use of any drugs or material remedies, but through the use of the principles, tenets
or teachings of any church incorporated under chapter 598, may be so treated during
such person's isolation or quarantine in such place.
(d) A person isolated or quarantined under this section shall have the right to a
hearing in Probate Court and, if such person or such person's representative requests a
hearing in writing, such hearing shall be held not later than seventy-two hours after
receipt of such request, excluding Saturdays, Sundays and legal holidays. A request for
a hearing shall not stay the order of isolation or quarantine issued by the director of
health under this section. The hearing shall be held to determine if (1) the person ordered
isolated or quarantined is infected with a communicable disease or is contaminated, (2)
the person poses a substantial threat to the public health, and (3) isolation or quarantine
of the person is necessary and the least restrictive alternative to protect and preserve the
public health. The commissioner shall have the right to be made a party to the proceedings.
(e) Jurisdiction shall be vested in the court of probate for the district in which such
person resides or is isolated or quarantined. The appeal shall be heard by the judge of
probate for such district, except that on motion of the respondent for appointment of a
three-judge court, the Probate Court Administrator shall appoint a three-judge court
from among the several judges of probate to conduct the hearing. Such three-judge court
shall consist of at least one judge who is an attorney-at-law admitted to practice in this
state. Such three-judge court when convened shall be subject to all of the provisions of
law as if it were a single-judge court. The isolation or quarantine of a person under this
section shall not be ordered by the court without the vote of at least two of the three
judges convened hereunder. The judges of such court shall designate a chief judge from
among their members. All records for any case before the three-judge court shall be
maintained in the court of probate having jurisdiction over the matter as if the three-judge court had not been appointed.
(f) Notice of the hearing shall be given the respondent and shall inform the respondent that his or her representative has a right to be present at the hearing; that the respondent has a right to counsel; that the respondent, if indigent or otherwise unable to pay
for or obtain counsel, has a right to have counsel appointed to represent the respondent;
and that the respondent has a right to cross-examine witnesses testifying at the hearing.
If the court finds such respondent is indigent or otherwise unable to pay for counsel,
the court shall appoint counsel for such respondent, unless such respondent refuses
counsel and the court finds that the respondent understands the nature of his or her
refusal. The court shall provide such respondent a reasonable opportunity to select his
or her own counsel to be appointed by the court. If the respondent does not select counsel
or if counsel selected by the respondent refuses to represent such respondent or is not
available for such representation, the court shall appoint counsel for the respondent from
a panel of attorneys admitted to practice in this state provided by the Probate Court
Administrator. The reasonable compensation of appointed counsel shall be established
by and paid from funds appropriated to, the Judicial Department, but, 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.
(g) Prior to such hearing, such respondent or respondent's counsel shall be afforded
access to all records including, without limitation, hospital records if such respondent
is hospitalized. If such respondent is hospitalized at the time of the hearing, the hospital
shall make available at such hearing for use by the respondent or the respondent's counsel
all records in its possession relating to the condition of the respondent. Nothing in this
subsection shall prevent timely objection to the admissibility of evidence in accordance
with the rules of civil procedure.
(h) At such hearing, the director of health who ordered the isolation or quarantine
of the respondent shall have the burden of showing by a preponderance of the evidence
that the respondent is infected with a communicable disease or is contaminated and
poses a substantial threat to the public health and that isolation or quarantine of the
respondent is necessary and the least restrictive alternative to protect and preserve the
public health.
(i) If the court, at such hearing, finds by a preponderance of the evidence that the
respondent is infected with a communicable disease or is contaminated and poses a
substantial threat to the public health and that isolation or quarantine of the respondent
is necessary and the least restrictive alternative to protect and preserve the public health,
it shall order (1) the continued isolation or quarantine of the respondent under such
terms and conditions as it deems appropriate until such time as it is determined that the
respondent's release would not constitute a reasonable threat to the public health, or (2)
the release of the respondent under such terms and conditions as it deems appropriate
to protect the public health.
(j) If the court, at such hearing, fails to find that the conditions required for an order
for isolation or quarantine have been proven, it shall order the immediate release of the
respondent.
(k) A respondent may, at any time, move the court to terminate or modify an order
made under subsection (i) of this section, in which case a hearing shall be held in accordance with this section. The court shall annually, upon its own motion, hold a hearing to
determine if the conditions which required the isolation or quarantine of the respondent
still exist. If the court, at a hearing held upon motion of the respondent or its own motion,
fails to find that the conditions which required isolation or quarantine still exist, it shall
order the immediate release of the respondent. If the court finds that such conditions
still exist but that a different remedy is appropriate under this section, the court shall
modify its order accordingly.
(l) Any person aggrieved by an order of the Probate Court under this section may
appeal to the Superior Court.
(1949 Rev., S. 3873; 1955, S. 2069d; P.A. 84-336, S. 1; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 03-236,
S. 12.)
History: Sec. 19-94 transferred to Sec. 19a-221 in 1983; P.A. 84-336 substantially revised section including adding
definitions of "communicable disease" and "respondent" and adding provisions re the procedure for the confinement of a
person by a director of health, hearing procedures by a three-judge probate court, procedural rights of a respondent, standards
for the court to order the continued confinement or release of the respondent, the review and termination or modification
of a confinement order and the right to appeal to the superior court; P.A. 93-381 replaced commissioner of health services
with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner
and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective
July 1, 1995; P.A. 03-236 deleted former Subsec. (a) re definitions, redesignated existing Subsec. (b) as new Subsec. (a) and
amended said Subsec. by adding provisions re district health director, replacing provision re confinement with provisions re
isolation or quarantine, replacing provisions re radiation hazard with provision re contamination and adding provision re
public health emergency, added new Subsec. (b) re conditions for isolation or quarantine, redesignated existing Subsec.
(c) as Subsec. (b)(2) and amended said Subsec. by replacing provisions re confinement with provisions re isolation or
quarantine, replacing provision re radioactive material with provision re contamination, adding provisions re private home
as place of isolation or quarantine and basis for duration of order, changing from 15 to 20 days the maximum duration of
order and making technical changes, redesignated existing Subsecs. (d) to (m) as Subsecs. (c) to (l), making conforming
and technical changes therein, amended Subsec. (f) to provide counsel for indigent respondents, and amended Subsecs.
(h) and (i) by changing standard of proof from clear and convincing evidence to a preponderance of the evidence, effective
July 9, 2003.
Annotations to former section 19-94:
Town liable for expense of quarantine. 76 C. 160. When order of quarantine may be lawfully made; violating it by
permitting children to go at large. 86 C. 677.