Connecticut General Statutes
Chapter 319b - Department of Developmental Services
Section 17a-247a. - Definitions.

As used in this section and sections 17a-247b to 17a-247f, inclusive:

(1) “Abuse” means (A) the wilful infliction by an employee of physical pain or injury, financial exploitation, psychological abuse or verbal abuse; (B) the wilful deprivation of services necessary to the physical and mental health and safety of an individual who receives services or funding from the department; or (C) sexual abuse.
(2) “Authorized agency” means any agency authorized in accordance with the general statutes to conduct abuse and neglect investigations and responsible for issuing or carrying out protective services for persons with intellectual disability.
(3) “Commissioner” means the Commissioner of Developmental Services, or his or her designee.
(4) “Department” means the Department of Developmental Services.
(5) “Employee” means any person employed (A) by the department, or (B) by an agency, organization or person that is licensed or funded by the department.
(6) “Employer” means (A) the department, or (B) an agency, organization or person that is licensed or funded by the department.
(7) “Financial exploitation” means the theft, misappropriation or unauthorized or improper use of property, money or other resource that is intended to be used by or for an individual who receives services or funding from the department.
(8) “Neglect” means the failure by an employee, through action or inaction, to provide an individual who receives services or funding from the department with the services necessary to maintain such individual's physical and mental health and safety.
(9) “Protective services” has the same meaning as provided in section 46a-11a.
(10) “Psychological abuse” means an act intended to (A) humiliate, intimidate, degrade or demean an individual who receives services or funding from the department, (B) inflict emotional harm or invoke fear in such individual, or (C) otherwise negatively impact the mental health of such individual.
(11) “Registry” means a centralized data base containing information regarding substantiated abuse or neglect.
(12) “Sexual abuse” means (A) any sexual contact between an individual who receives services or funding from the department, regardless of such individual's ability to consent, and an employee, or (B) the encouragement by an employee of an individual who receives services or funding from the department to engage in sexual activity.
(13) “Substantiated abuse or neglect” means a determination by an authorized agency, following an investigation conducted or monitored by such agency, that (A) abuse or neglect of an individual who receives services or funding from the department, or (B) there has been a criminal conviction of a felony or misdemeanor involving abuse or neglect.
(14) “Verbal abuse” means the use of offensive or intimidating language that is intended to provoke or cause the distress of an individual who receives services or funding from the department.
(June 18 Sp. Sess. P.A. 97-2, S. 156, 165; P.A. 98-133, S. 1; P.A. 00-37, S. 1, 5; P.A. 07-73, S. 2(a), (b); June Sp. Sess. P.A. 10-1, S. 65; P.A. 11-16, S. 21; P.A. 14-165, S. 1; May Sp. Sess. P.A. 16-3, S. 50; P.A. 17-96, S. 11.)
History: June 18 Sp. Sess. P.A. 97-2 effective July 1, 1997; P.A. 98-133 amended Subdiv. (5) by replacing person “with mental retardation” with person who is eligible for and receives services, amended Subdiv. (5) and Subdiv. (6) by deleting reference to those who provide or hire others to provide services to the department and amended Subdiv. (11) by replacing “final decision” with determination by an authorized agency following an investigation; P.A. 00-37 made technical changes in Subdivs. (8) and (9), effective May 1, 2000; pursuant to P.A. 07-73 “Commissioner of Mental Retardation” and “Department of Mental Retardation” were changed editorially by the Revisors to “Commissioner of Developmental Services” and “Department of Developmental Services”, effective October 1, 2007; June Sp. Sess. P.A. 10-1 deleted reference to Sec. 2c-2b(a)(31); P.A. 11-16 amended Subdiv. (2) by substituting “persons with intellectual disability” for “persons with mental retardation”, effective May 24, 2011; P.A. 14-165 added reference to Sec. 17a-247f in introductory language, amended Subdiv. (1) by redefining “abuse”, amended Subdiv. (2) by adding reference to individuals receiving services or funding from department's Division of Autism Spectrum Disorder Services, deleted former Subdiv. (5) re definition of “department client”, redesignated existing Subdivs. (6) and (7) as Subdivs. (5) and (6), added new Subdiv. (7) defining “financial exploitation”, amended Subdiv. (8) by replacing “a department client” with “an individual who receives services or funding from the department”, added new Subdiv. (10) defining “psychological abuse”, redesignated existing Subdiv. (10) as Subdiv. (11), added new Subdiv. (12) defining “sexual abuse”, redesignated existing Subdiv. (11) as Subdiv. (13) and amended same by replacing “a department client” with “an individual who receives services or funding from the department”, added Subdiv. (14) defining “verbal abuse”, replaced “individual” with “person” throughout and made technical and conforming changes; May Sp. Sess. P.A. 16-3 amended Subdiv. (2) to replace “department's” with “Department of Social Services’” and amended Subdiv. (13) to add reference to Department of Social Services' Division of Autism Spectrum Disorder Services, effective July 1, 2016; P.A. 17-96 amended Subdivs. (2) and (13)(A) to delete references to individuals receiving services or funding from Department of Social Services' Division of Autism Spectrum Disorder Services, and amended Subdiv. (3) to add “or his or her designee”, effective June 30, 2017.

Structure Connecticut General Statutes

Connecticut General Statutes

Title 17a - Social and Human Services and Resources

Chapter 319b - Department of Developmental Services

Section 17a-210. (Formerly Sec. 19a-460). - Department and Commissioner of Developmental Services. Duties. Patient transfer, programs and placement. Right to object and hearing.

Section 17a-210a. - Ombudsman.

Section 17a-210b. - Finding of intellectual disability not precluded by absence of diagnosis in school or medical records.

Section 17a-210c. - Terms “Commissioner of Developmental Services” and “Department of Developmental Services” substituted for former terms. Administrative changes related to renaming of department. Eligibility determinations not affected.

Section 17a-210d. - Terms “intellectual disability”, “persons with intellectual disability” and “individuals with intellectual disability” substituted for former terms.

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-212a. - Regulations re placement and care of individuals posing a serious threat to others.

Section 17a-213. - Comparison of regions. Report to legislature.

Section 17a-214. (Formerly Sec. 19a-461). - Acceptance of gift or devise by Department of Developmental Services.

Section 17a-215. (Formerly Sec. 19a-462). - Department of Social Services designated as lead agency for autism spectrum disorder services.

Section 17a-215a. - Advisory Commission on Services and Supports for Persons With Developmental Disabilities.

Section 17a-215b. - Pilot autism spectrum disorders program. Eligibility. Report.

Section 17a-215c. - Division of Autism Spectrum Disorder Services within Department of Social Services. Services and programs for state residents diagnosed with autism spectrum disorder.

Section 17a-215d. - Autism Spectrum Disorder Advisory Council.

Section 17a-215e. - Annual report on Division of Autism Spectrum Disorder Services and Autism Spectrum Disorder Advisory Council.

Section 17a-215f. - Autism spectrum disorder definitions.

Section 17a-216. (Formerly Sec. 19a-463). - Purchase of wheelchairs, placement equipment and clothing.

Section 17a-217. (Formerly Sec. 19a-464). - Programs for children and adults with intellectual disability. Funding.

Section 17a-217a. - Camp Harkness Advisory Committee.

Section 17a-218. (Formerly Sec. 19a-464a). - Programs of community-based residential facilities, respite care and emergency placement for persons with intellectual disability. Requirement re enrollment in federal programs.

Section 17a-218a. - Continuing operation of Southbury Training School. Evaluation criteria.

Section 17a-219. (Formerly Sec. 19a-464b). - Regulation of community-based residential facilities and respite care services for persons with intellectual disability.

Section 17a-219a to 17a-219c. - Family support services: Definitions. Family support services: Department responsible for coordination. Family Support Council.

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-224. (Formerly Sec. 19a-464g). - Administration of program through purchase-of-service contract or memorandum of understanding.

Section 17a-225. (Formerly Sec. 19a-464h). - Bond authorization.

Section 17a-226. (Formerly Sec. 19a-466). - Employment opportunities and day services for adults with intellectual disability. Funding.

Section 17a-227. (Formerly Sec. 19a-467). - Licensing and regulation of residential facilities for persons with intellectual disability, Prader-Willi syndrome or autism spectrum disorder.

Section 17a-227a. - State and national criminal history records checks for applicants made an offer of conditional employment.

Section 17a-227b. - Employment applicants required to submit to state child abuse and neglect registry check.

Section 17a-227c. - Energy efficiency and environementally friendly construction of residential facilities. Energy assessment programs and reports.

Section 17a-227d. - Facility director salaries.

Section 17a-228. (Formerly Sec. 19a-483). - Payments for room and board and other services for persons with intellectual disability in residential facilities. Authorization for admission to residential facilities; annual review.

Section 17a-229. (Formerly Sec. 19a-483a). - Commissioner of Developmental Services to make payments for operating costs incurred prior to admission of residents.

Section 17a-230. (Formerly Sec. 19a-483b). - Regulations. Exemptions.

Section 17a-231. (Formerly Sec. 19a-467a). - Receivership of residential facilities for persons with intellectual disability: Definitions.

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-235. (Formerly Sec. 19a-467e). - Authority of receiver concerning leases, mortgages and secured transactions.

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-238. (Formerly Sec. 19a-469). - Rights of persons under supervision of Commissioner of Developmental Services.

Section 17a-238a. - Information available to individuals eligible for funding or services from Department of Developmental Services. Report. State-wide comprehensive residential waiting list. Assessment of need for future residential funding or servi...

Section 17a-239 to 17a-241. (Formerly Secs. 19a-470 to 19a-472). - Definitions. Establishment of Unified School District #3 in the Department of Developmental Services. Appointment and duties of school superintendent.

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-245. (Formerly Sec. 19a-483c). - Work incentive grant for certain fully employed residents of private community-based residential facilities. Regulations.

Section 17a-246. - Rates of payment to organizations providing employment opportunities and day services. Regulations.

Section 17a-247. (Formerly Sec. 19a-484). - Conduct of employee of Department of Developmental Services appointed as plenary guardian or limited guardian of a person with intellectual disability.

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-247f. - Reports of abuse or neglect of individual receiving services from Department of Social Services' Division of Autism Spectrum Disorder Services. Investigations.

Section 17a-247g. - Successor department for purposes of abuse and neglect allegations.

Section 17a-247h. - Reporting of concerns regarding abuse, neglect investigations. Prohibition on actions against person who contacts nonprofit entity with concerns.

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-248d. - Birth-to-three early intervention services. Data collection. Regulations. Notification to school boards.

Section 17a-248e. - Screening of children ineligible for participation in preschool programs. Individualized family service plans. Duties of the lead agency.

Section 17a-248f. - Birth-to-three procedural safeguards.

Section 17a-248g. - Birth-to-three funding. Fees for services prohibited. Insurance coverage. Regulations.

Section 17a-248h. - Birth-to-three program to provide mental health services.

Section 17a-248i. - Notification of availability of hearing tests for children receiving birth-to-three program services.

Section 17a-248j. - Certificarion to teach within birth-to-three program.

Section 17a-248k. - Designation of school readiness liaison.

Section 17a-248l. - Expansion of birth-to-three program.