2005 Connecticut Code - Sec. 17a-210. (Formerly Sec. 19a-460). Department and Commissioner of Mental Retardation. Duties. Patient transfer, programs and placement. Right to object and hearing.
Sec. 17a-210. (Formerly Sec. 19a-460). Department and Commissioner of
Mental Retardation. Duties. Patient transfer, programs and placement. Right to
object and hearing. (a) There shall be a Department of Mental Retardation. The Department of Mental Retardation, with the advice of a Council on Mental Retardation, shall
be responsible for the planning, development and administration of complete, comprehensive and integrated state-wide services for persons with mental retardation and persons medically diagnosed as having Prader-Willi syndrome. The Department of Mental
Retardation shall be under the supervision of a Commissioner of Mental Retardation,
who shall be appointed by the Governor in accordance with the provisions of sections
4-5 to 4-8, inclusive. The Council on Mental Retardation may advise the Governor on
the appointment. The commissioner shall be a person who has background, training,
education or experience in administering programs for the care, training, education,
treatment and custody of persons with mental retardation. The commissioner shall be
responsible, with the advice of the council, for: (1) Planning and developing complete,
comprehensive and integrated state-wide services for persons with mental retardation;
(2) the implementation and where appropriate the funding of such services; and (3) the
coordination of the efforts of the Department of Mental Retardation with those of other
state departments and agencies, municipal governments and private agencies concerned
with and providing services for persons with mental retardation. The commissioner shall
be responsible for the administration and operation of the state training school, state
mental retardation regions and all state-operated community-based residential facilities
established for the diagnosis, care and training of persons with mental retardation. The
commissioner shall be responsible for establishing standards, providing technical assistance and exercising the requisite supervision of all state-supported residential, day and
program support services for persons with mental retardation and work activity programs operated pursuant to section 17a-226. The commissioner shall conduct or monitor
investigations into allegations of abuse and neglect and file reports as requested by
state agencies having statutory responsibility for the conduct and oversight of such
investigations. In the event of the death of a person with mental retardation for whom
the department has direct or oversight responsibility for medical care, the commissioner
shall ensure that a comprehensive and timely review of the events, overall care, quality
of life issues and medical care preceding such death is conducted by the department and
shall, as requested, provide information and assistance to the Independent Mortality
Review Board established by Executive Order No. 25 of Governor John G. Rowland.
The commissioner shall report to the board and the board shall review any death: (A)
Involving an allegation of abuse or neglect; (B) for which the Office of Chief Medical
Examiner or local medical examiner has accepted jurisdiction; (C) in which an autopsy
was performed; (D) which was sudden and unexpected; or (E) in which the commissioner's review raises questions about the appropriateness of care. The commissioner shall
stimulate research by public and private agencies, institutions of higher learning and
hospitals, in the interest of the elimination and amelioration of retardation and care and
training of persons with mental retardation.
(c) The parent, guardian, conservator or other legal representative of any person with mental retardation who resides at any institution or facility operated by the Department of Mental Retardation, or any person with mental retardation himself or herself, who is eighteen years of age or older and who resides at any such institution or facility, may object to any transfer of such person from one institution or facility to another for any reason other than a medical reason or an emergency, or may request such a transfer. In the event of any such objection or request, the commissioner shall conduct a hearing on such proposed transfer, provided no such hearing shall be required if the commissioner withdraws such proposed transfer. In any such transfer hearing, the proponent of a transfer shall have the burden of showing, by clear and convincing evidence, that the proposed transfer is in the best interest of the resident being considered for transfer and that the facility and programs to which transfer is proposed (1) are safe and effectively supervised and monitored, and (2) provide a greater opportunity for personal development than the resident's present setting. Such hearing shall be conducted in accordance with the provisions of chapter 54.
(d) The parent, guardian, conservator or other legal representative of a person, or the person himself or herself, may request a hearing for any final determination by the department which denies such person eligibility for programs and services of the department. A request for a hearing shall be made in writing to the commissioner. Such hearing shall be conducted in accordance with the provisions of chapter 54.
(e) The parent, guardian, conservator or other legal representative of a person, or the person himself or herself, may object to (1) a proposed approval by the department of a program for such person which includes the use of behavior-modifying medications or aversive procedures, or (2) a proposed determination of the department that community placement is inappropriate for such person placed under the direction of the commissioner. The department shall provide written notice of any such proposed approval or determination to the parent, guardian, conservator or other legal representative of such person, or the person himself or herself, at least ten days prior to making such approval or determination. In the event of an objection to such proposed approval or determination, the commissioner shall conduct a hearing in accordance with the provisions of chapter 54, provided no such hearing shall be required if the commissioner withdraws such proposed approval or determination.
(1959, P.A. 148, S. 22; 1963, P.A. 377, S. 3; P.A. 75-594; 75-638, S. 2, 23; P.A. 76-153, S. 1; P.A. 81-185; P.A. 83-64, S. 1, 4; P.A. 86-41, S. 9, 11; P.A. 87-109, S. 1, 2; P.A. 88-28, S. 2, 8; 88-317, S. 80, 107; P.A. 89-144, S. 7; 89-325, S. 21, 26; P.A. 90-164, S. 4; P.A. 91-193; 91-406, S. 22, 29; P.A. 94-124, S. 1; 94-222, S. 2; June 18 Sp. Sess. P.A. 97-8, S. 22, 88; P.A. 00-135, S. 1, 21; P.A. 01-140, S. 1; P.A. 03-146, S. 1.)
History: 1963 act eliminated deputy commissioner's responsibility for the Mansfield-Southbury social service; P.A. 75-594 added Subsec. (b) re requests for transfers; P.A. 75-638 replaced office of mental retardation in health department with independent department of mental retardation headed by commissioner appointed by the governor; P.A. 76-153 included responsibility for regional centers in commissioner's duties and again replaced office of mental retardation with independent department of mental retardation; Sec. 19-4c transferred to Sec. 19-570 in 1977; P.A. 81-185 added provisions re required notice of intended transfers of persons from one institution to another in Subsec. (a) and amended Subsec. (b) to include conservators or other legal representatives as persons authorized to request hearing; Sec. 19-570 transferred to Sec. 19a-460 in 1983; P.A. 83-64 amended Subsec. (a) to include vocational training and work activity programs under the commissioner's responsibility and supervision; P.A. 86-41 substituted references to mental retardation regions for references to regional centers and made other technical changes in Subsec. (a); P.A. 87-109 substituted "services" for "program" and "persons with mental retardation" for "mentally retarded"; P.A. 88-28 divided Subsec. (a) into two subsections, relettering Subsec. (b) as Subsec. (c) and substituted "residential, day and program support services" for "diagnostic facilities, day care centers, habilitation centers, sheltered workshops, boarding homes and other facilities"; P.A. 88-317 amended reference to Secs. 4-177 to 4-184 in Subsec. (b) to include new sections added to Ch. 54, effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; P.A. 89-144 amended Subsec. (b) 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; P.A. 89-325 deleted the references to Secs. 19a-477 to 19a-479, inclusive, in Subsec. (a); P.A. 90-164 made technical changes in Subsec. (a) and deleted a provision requiring the council on mental retardation to recommend the appointment of the commissioner and added authority for the council to advise the governor on the appointment; Sec. 19a-460 transferred to Sec. 17a-210 in 1991; P.A. 91-193 added Subsec. (d) authorizing the parent, guardian, conservator or other legal representative of a person, or the person himself, to request a hearing by the department on certain final decisions of the department; P.A. 91-406 substituted "determination" for "decision" in the phrase "final decision" in Subsec. (d); P.A. 94-124 required that commissioner conduct investigations of allegations of abuse and neglect and made technical changes; P.A. 94-222 amended Subsec. (a) to provide for services to persons with Prader-Willi Syndrome; June 18 Sp. Sess. P.A. 97-8 made technical changes in Subsecs. (a) and (b) and in (c) added the evidentiary requirements for transfer hearings, effective July 1, 1997; P.A. 00-135 amended Subsec. (a) to add provision re power of commissioner to monitor investigations, effective May 26, 2000; P.A. 01-140 amended Subsec. (a) by making technical changes, amended Subsec. (b) by making technical changes and adding provisions re notice of right to object to transfer and withdrawal of proposed transfer, amended Subsec. (c) by making technical changes, deleting provision re request for hearing and adding provisions re objection to or request for transfer and withdrawal of proposed transfer, amended Subsec. (d) by making technical changes and deleting provisions re hearing for use of behavior-modifying medications or aversive procedures and determination of inappropriate community placement, and added new Subsec. (e) re objection to and hearing for proposed approval of use of behavior-modifying medications or aversive procedures and proposed determination of inappropriate community placement; P.A. 03-146 amended Subsec. (a) by adding provisions re duties in the event of death of a person for whom department has direct or oversight responsibility.
See Sec. 1-101aa re provider participation in informal committees, task forces and work groups of department not deemed to be lobbying.
See Sec. 17a-270 et seq. re Council on Mental Retardation.
See Sec. 17a-283a re moratorium on sale, lease or transfer of state property used for residential purposes by persons with mental retardation or psychiatric disabilities.
See Sec. 17a-475a re medical services for women in state-operated facilities.
See Sec. 19a-24 re liability of commissioner and staff members for damages.
See Secs. 20-14h to 20-14j, inclusive, re administration of medication in day and residential programs and facilities.
Annotation to former section 19-570:
Cited. 31 CS 197.
Annotations to former section 19a-460:
Cited. 30 CA 463, 467.
Subsec. (b):
Cited. 207 C. 296, 298.
Annotation to present section:
Cited. 30 CA 463, 467.
