(a) There is established an independent ombudsman office within the Department of Developmental Services that is responsible for receiving and making recommendations to the commissioner for resolving complaints affecting individuals under the care or supervision of the department or of any public or private agency with which the department has contracted for the provision of services.
(b) The director of the ombudsman office shall be appointed by the Governor, with the approval of the General Assembly. Said director shall be an elector of the state with expertise and experience in the fields of developmental services and advocacy for the rights of the individuals specified in subsection (a) of this section and shall be exempt from the classified service.
(c) Upon the vacancy of the director of the ombudsman office by the person serving in such position on July 1, 2004, and whenever thereafter the term of such position expires or there is a vacancy in such position, the Governor shall appoint the director of the ombudsman office from a list of candidates prepared and submitted to the Governor by the Council on Developmental Services, established by section 17a-270. The Governor shall notify the council of the pending expiration of the term of an incumbent ombudsman not less than ninety days prior to the final day of the ombudsman's term in office. If a vacancy occurs in the position of ombudsman, the Governor shall notify the council immediately of the vacancy. The council shall meet to consider qualified candidates for the position of ombudsman and shall submit a list of not more than five candidates to the Governor ranked in order of preference, not more than sixty days after receiving notice from the Governor of the pending expiration of the ombudsman's term or the occurrence of a vacancy. The Governor shall designate, not more than sixty days after receipt of the list of candidates from the council, one candidate from the list for the position of ombudsman. If, after the list is submitted to the Governor by the council, any candidate withdraws from consideration, the Governor shall designate a candidate from those remaining on the list. If the Governor fails to designate a candidate within sixty days of receipt of the list from the council, the council shall refer the candidate with the highest ranking on the list to the General Assembly for confirmation. If the General Assembly is not in session at the time of the Governor's or council's designation of a candidate, the candidate shall serve as the acting ombudsman until the General Assembly meets and confirms the candidate as ombudsman. A candidate serving as acting ombudsman shall be entitled to compensation and have all the powers, duties and privileges of the ombudsman. An ombudsman shall serve a term of four years, not including any time served as acting ombudsman, and may be reappointed by the Governor or shall remain in the position until a successor is appointed pursuant to this subsection. Although an incumbent ombudsman may be reappointed, the Governor shall also consider additional candidates from a list submitted by the council as provided in this section.
(d) The director of the ombudsman office shall report monthly to the Council on Developmental Services and, in accordance with the provisions of section 11-4a, annually to the joint standing committee of the General Assembly having cognizance of matters relating to public health.
(P.A. 99-271, S. 1, 2; P.A. 02-89, S. 25; P.A. 04-211, S. 3; P.A. 05-256, S. 3; P.A. 07-73, S. 2(a); P.A. 08-7, S. 2; P.A. 18-32, S. 2.)
History: P.A. 99-271 effective July 1, 1999; P.A. 02-89 deleted as obsolete former Subsec. (c) requiring the commissioner to convene by September 1, 1999, a special selection committee for advice and recommendations in the hiring or appointment of the director; P.A. 04-211 amended Subsec. (a) to require establishment of office, changed name from “ombudsperson” to “ombudsman” throughout, added new Subsec. (b) requiring director of ombudsman office be appointed by Governor and be elector of state with expertise and experience in fields of mental retardation and advocacy for rights of consumers, added new Subsec. (c) establishing procedure for appointment of new director upon vacancy of office by person serving in position on July 1, 2004, and redesignated existing Subsec. (b) as Subsec. (d), making technical changes therein, effective July 1, 2004; P.A. 05-256 amended Subsec. (c) to require ombudsman to remain in position until successor appointed; pursuant to P.A. 07-73 “Department of Mental Retardation” was changed editorially by the Revisors to “Department of Developmental Services”, effective October 1, 2007; P.A. 08-7 amended Subsec. (b) by changing “mental retardation” to “developmental services” and amended Subsecs. (c) and (d) by renaming Council on Mental Retardation as Council on Developmental Services, effective April 29, 2008; P.A. 18-32 amended Subsecs. (a) and (b) by replacing “consumers” with “individuals”, effective July 1, 2018.
Structure Connecticut General Statutes
Title 17a - Social and Human Services and Resources
Chapter 319b - Department of Developmental Services
Section 17a-210a. - Ombudsman.
Section 17a-211. - Five-year plan. Public hearings. Submission to legislature.
Section 17a-211a. - Annual spending and placement plan.
Section 17a-211b. - Affirmative action plan.
Section 17a-211c. - Pilot programs for client services.
Section 17a-211d. - Workers' Compensation and private providers. Report to General Assembly.
Section 17a-211e. - Intellectual Disability Partnership.
Section 17a-211f. - Level of need assessment system advisory committee.
Section 17a-212. - Regulations. Uniform standards and procedures. Protocol.
Section 17a-213. - Comparison of regions. Report to legislature.
Section 17a-215b. - Pilot autism spectrum disorders program. Eligibility. Report.
Section 17a-215d. - Autism Spectrum Disorder Advisory Council.
Section 17a-215f. - Autism spectrum disorder definitions.
Section 17a-217a. - Camp Harkness Advisory Committee.
Section 17a-218a. - Continuing operation of Southbury Training School. Evaluation criteria.
Section 17a-220. (Formerly Sec. 19a-464c). - Definitions.
Section 17a-221. (Formerly Sec. 19a-464d). - Community Residential Facility Revolving Loan Fund.
Section 17a-222. (Formerly Sec. 19a-464e). - Loans.
Section 17a-223. (Formerly Sec. 19a-464f). - Requirements of borrowers. Capital loan agreement.
Section 17a-225. (Formerly Sec. 19a-464h). - Bond authorization.
Section 17a-227d. - Facility director salaries.
Section 17a-230. (Formerly Sec. 19a-483b). - Regulations. Exemptions.
Section 17a-232. (Formerly Sec. 19a-467b). - Application for receivership. Hearing. Emergency order.
Section 17a-233. (Formerly Sec. 19a-467c). - Imposition of receivership: Grounds; defenses.
Section 17a-234. (Formerly Sec. 19a-467d). - Duties of receiver.
Section 17a-236. (Formerly Sec. 19a-467f). - Appointment of receiver. Accounting by receiver.
Section 17a-237. (Formerly Sec. 19a-467g). - Termination of receivership.
Section 17a-242. (Formerly Sec. 19a-473). - Annual evaluation reports.
Section 17a-243. (Formerly Sec. 19a-474). - Placement of child. Costs.
Section 17a-244. (Formerly Sec. 19a-475). - Regulations.
Section 17a-247a. - Definitions.
Section 17a-247b. - Establishment and maintenance of registry.
Section 17a-247c. - Prohibition on hiring persons on registry. Notice to employers.
Section 17a-247d. - Registry confidentiality.
Section 17a-247e. - Regulations.
Section 17a-247g. - Successor department for purposes of abuse and neglect allegations.
Section 17a-248. - Birth-to-three program. Definitions.
Section 17a-248a. - Birth-to-three program not deemed humane institution.
Section 17a-248b. - State Interagency Birth-to-Three Coordinating Council.
Section 17a-248c. - Local interagency birth-to-three coordinating councils.
Section 17a-248f. - Birth-to-three procedural safeguards.
Section 17a-248h. - Birth-to-three program to provide mental health services.
Section 17a-248j. - Certificarion to teach within birth-to-three program.
Section 17a-248k. - Designation of school readiness liaison.