2005 Connecticut Code - Sec. 46a-11d. (Formerly Sec. 19a-458c). Protective services. Petition in Superior Court.

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

      (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.

      (P.A. 84-514, S. 4, 11; P.A. 86-285, S. 5; P.A. 95-63, S. 4.)

      History: P.A. 84-514 effective February 1, 1985; P.A. 86-285 amended section to apply in cases of neglect rather than where a person has been determined to be "in need of protective services" and made technical change in Subsec. (a); Sec. 19a-458c transferred to Sec. 46a-11d in 1991; P.A. 95-63 substituted "person with mental retardation" for "mentally retarded person".

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