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Connecticut Laws | Title 46a Human Rights
CHAPTER 813 PROTECTION AND ADVOCACY FOR PERSONS WITH DISABILITIES
Sec. 46a-11c. (Formerly Sec. 19a-458b). Determination of mental retardation and probable cause for investigation. Investigation of certain deaths. Registry of reports maintained. Reports not public records.

(c) The director shall maintain a state-wide registry of the reports received, the evaluation and findings and actions recommended. (98)

(d) Neither the original report nor the evaluation report of the investigator which includes findings and recommendations shall be deemed a public record for purposes of section 1-210. The name of the person making the original report shall not be disclosed to any person unless the person making the original report consents to such disclosure or unless a judicial proceeding results therefrom. (99)

Sec. 46a-11d. (Formerly Sec. 19a-458c). Protective services. Petition in Superior Court. (100)(Text)

(a) If it is determined that a person with mental retardation has been abused or neglected, the director shall refer the case to the Department of Developmental Services for the development and implementation of a plan of protective services. Said referral shall be accompanied by a copy of the evaluation report. The name of the person making the report of abuse or neglect shall not be disclosed without his consent. (101)

(b) If the caretaker of a person with mental retardation who has consented to the receipt of protective services refuses to allow the provision of such services to such person, the commissioner may petition the Superior Court for an order enjoining the caretaker from interfering with the provision of protective services to the person with mental retardation. The petition shall allege specific facts sufficient to show that the person with mental retardation is in need of protective services and consents to their provision and that the caretaker refuses to allow the provision of such services. If the court finds that the person with mental retardation is in need of such services and has been prevented by the caretaker from receiving the same, the court may issue an order enjoining the caretaker from interfering with the provision of protective services to the person with mental retardation. (102)

Sec. 46a-11e. (Formerly Sec. 19a-458d). Appointment of guardian. Plan of protective services furnished to director. Commencement of services pending full report in certain cases. (103)(Text)

(a) If a person with mental retardation does not consent to the receipt of protective services, or if such person withdraws his consent, such services shall not be provided or continued, except that if the commissioner has reason to believe that such person with mental retardation lacks capacity to consent to or refuse such services, he may petition the Probate Court for the appointment of a guardian. If any guardian, appointed pursuant to the provisions of this section, does not consent to the provision of such services, the commissioner may petition the Probate Court for the removal and replacement of said guardian. (104)

(b) The commissioner, within fifteen calendar days of the referral of any case for the provision of protective services, shall furnish the director with a written plan of services. The director may comment on the proposed plan and recommend modifications. The commissioner shall cooperate with the director in resolving disagreements concerning the plan. Any comments made by the director shall be placed on file with the commissioner and the director. (105)

(c) If the director commences an investigation and finds that the person with mental retardation is seriously in need of immediate protective services, he shall report the facts of the case to the commissioner and the commissioner shall not delay the commencement of protective services pending the full evaluation report. If the commissioner's proposed action involves the removal from his home of a person with mental retardation under guardianship or of a person with mental retardation who is competent and does not voluntarily consent to his removal, the commissioner shall follow the procedures mandated in section 17a-274. (106)

Sec. 46a-11f. (Formerly Sec. 19a-458e). Evaluation of person's ability to pay. Review of plan of protective services. (107)(Text)

(a) Concurrent with the implementation of any protective services for which payment is required, an evaluation shall be undertaken by the commissioner regarding the ability of the person with mental retardation to pay for the protective services. If the person is so able, procedures for reimbursement for the cost of providing the services shall be initiated. If it is determined that the person is not capable of paying for such services, the services shall be provided in accordance with policies and procedures established by the Commissioner of Developmental Services. (108)

(b) Subsequent to the initial provision of protective services, the Department of Developmental Services shall review each case, including meeting with the person with mental retardation at least once every six months, to determine whether continuation or modification of the services is warranted. Said department shall advise the director relative to the continuation of protective services for each such person with mental retardation. The commissioner may terminate protective services upon the request of the person with mental retardation or his guardian, pursuant to section 46a-11e, or upon agreement by the commissioner and the director that such services are no longer required. (109)

(c) In performing the duties set forth in sections 46a-11c to 46a-11g, inclusive, the director may request the assistance of the staffs and resources of all appropriate state departments, agencies, commissions and local health directors, and may utilize any other public or private agencies, groups or individuals who are appropriate and may be available. (110)

Sec. 46a-11g. (Formerly Sec. 19a-458f). Referral of information to state's attorney. (111)(Text)

If, as a result of any investigation initiated under the provisions of sections 46a-11a to 46a-11f, inclusive, a determination is made that a caretaker or other person has abused a person with mental retardation, the director shall refer such information in writing to the appropriate office of the state's attorney, which shall conduct such further investigation as may be deemed necessary and shall determine whether criminal proceedings should be initiated against such caretaker or other person, in accordance with applicable state law. If any initial investigation by the director discloses evidence of an immediate and serious threat to the health or life of a person with mental retardation, said office shall immediately refer the matter to state or local police, as appropriate, who shall immediately investigate the matter. (112)

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