§ 17a-210a — Office of the Developmental Services Ombudsperson.

Connecticut § 17a-210a

• Jurisdiction: Connecticut
• Title 17a: Social and Human Services and Resources
• Ch. 319b: Department of Developmental Services

Text

(a) There is established an independent Office of the Developmental Services Ombudsperson 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 Office of the Developmental Services Ombudsperson 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) The Governor shall appoint the director of the Office of the Developmental Services Ombudsperson 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 ombudsperson not less than ninety days prior to the final day of the ombudsperson's term in office. If a vacancy occurs in the position of ombudsperson, the Governor shall notify the council immediately of the vacancy. The council shall meet to consider qualified candidates for the position of ombudsperson 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 ombudsperson'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 ombudsperson. 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 ombudsperson until the General Assembly meets and confirms the candidate as ombudsperson. A candidate serving as acting ombudsperson shall be entitled to compensation and have all the powers, duties and privileges of the ombudsperson. An ombudsperson shall serve a term of four years, not including any time served as acting ombudsperson, 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 ombudsperson 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 Office of the Developmental Services Ombudsperson 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.

Legislative History

(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; P.A. 23-111, S. 1; P.A. 24-122, S. 13.) 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; P.A. 23-111 deleted provision re appointment upon the vacancy of the director of the ombudsman office by the person serving in such position on July 1, 2004, in Subsec. (c) and made technical changes throughout, effective June 26, 2023; P.A. 24-122 replaced “ombudsperson office” with “Office of the Developmental Services Ombudsperson” throughout, effective June 5, 2024.