§ 17b-450 — (Formerly Sec. 17a-430). Definitions.

Connecticut § 17b-450

• Jurisdiction: Connecticut
• Title 17b: Social Services
• Ch. 319dd: Protective Services for the Elderly

Text

For purposes of sections 17b-450 to 17b-461, inclusive: (1) The term “elderly person” means any resident of Connecticut who is sixty years of age or older. (2) An elderly person shall be deemed to be “in need of protective services” if such person is unable to perform or obtain services which are necessary to maintain physical and mental health. (3) The term “services which are necessary to maintain physical and mental health” includes, but is not limited to: (A) The provision of medical care for physical and mental health needs, (B) the relocation of an elderly person to a facility or institution able to offer such care, (C) assistance in personal hygiene, food, clothing, adequately heated and ventilated shelter, (D) protection from health and safety hazards, (E) protection from abuse, neglect, exploitation or abandonment, and (F) transportation necessary to secure any of the above stated needs, except that this term shall not include taking such person into custody without consent except as provided in sections 17b-450 to 17b-461 , inclusive. (4) The term “protective services” means services provided by the state or other governmental or private organizations or individuals which are necessary to prevent abuse, neglect, exploitation or abandonment. (5) The term “abuse” includes, but is not limited to, the wilful infliction of physical pain, injury or mental anguish, or the wilful deprivation by a caregiver of services which are necessary to maintain physical and mental health. (6) The term “neglect” refers to the failure or inability of an elderly person to provide for himself or herself the services which are necessary to maintain physical and mental health or the failure to provide or arrange for provision of such necessary services by a caregiver. (7) The term “exploitation” refers to the act or process of taking advantage of an elderly person by another person or caregiver whether for monetary, personal or other benefit, gain or profit. (8) The term “abandonment” refers to the desertion or wilful forsaking of an elderly person by a caregiver or the foregoing of duties or the withdrawal or neglect of duties and obligations owed an elderly person by a caregiver or other person. (9) The term “caregiver” means a person who has the responsibility for the care of an elderly person as a result of family relationship or who has assumed the responsibility for the care of the elderly person voluntarily, by contract or by order of a court of competent jurisdiction. (10) The term “legal representative” means a guardian of a person with intellectual disability, conservator or power of attorney appointed to act on the elderly person's behalf.

Legislative History

(P.A. 77-613, S. 1, 15; P.A. 93-262, S. 1, 87; P.A. 95-160, S. 18, 69; P.A. 96-139, S. 12, 13; P.A. 06-196, S. 240; P.A. 15-233, S. 1; 15-236, S. 1.) History: Sec. 46a-14 transferred to Sec. 17a-430 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department on aging, effective July 1, 1993; Sec. 17a-430 transferred to Sec. 17b-450 in 1995; P.A. 95-160 deleted the definition of “state ombudsman” and “regional ombudsman”, effective July 1, 1995; P.A. 96-139 changed effective date of P.A. 95-160 but without affecting this section; P.A. 06-196 made technical changes in Subdiv. (4), effective June 7, 2006; P.A. 15-233 redefined “services which are necessary to maintain physical and mental health” in Subdiv. (3), redesignated existing Subdiv. (4) as Subdivs. (4) to (9) and amended same to redefine “abuse”, “neglect”, “exploitation”, “abandonment” and change “caretaker” to “caregiver”, added Subdiv. (10) defining “legal representative”, and made conforming changes; P.A. 15-236 redefined “services which are necessary to maintain physical and mental health” in Subdiv. (3), redesignated existing Subdiv. (4) as Subdivs. (4) to (9) and amended same to redefine “abuse”, “neglect”, “exploitation”, “abandonment” and change “caretaker” to “caregiver”, and made conforming changes.