§ 46a-10d — Transfer of closed case files to Office of Policy and Management. Client confidentiality, notice. Record retention. Legal liability.

(a) Not later than June 30, 2017, the Office of Protection and Advocacy for Persons with Disabilities shall transfer all legal title to and custody of closed case files to the Office of Policy and Management. For the purposes of this section, “closed case file” shall mean all files currently in the possession of the Office of Protection and Advocacy for Persons with Disabilities that have a retention period beyond July 1, 2017, as prescribed by the records retention schedule on file with the office of the Public Records Administrator, and are not: (1) Open client files pertaining to the office's protection and advocacy and client assistance program functions transferring to the nonprofit entity designated by the Governor, in accordance with section 46a-10b, to serve as the Connecticut protection and advocacy system; (2) investigation records transferring to the abuse and investigation division; (3) files relating to the Fatality Review Board transferring to the Department of Developmental Services; and (4) nonrecords, such as copies, as that term is defined by the office of the Public Records Administrator. (b) Not later than June 30, 2017, the Office of Protection and Advocacy for Persons with Disabilities shall provide written notification to former clients by first class mail whose files are being transferred to the Office of Policy and Management in accordance with subsection (a) of this section. Such written notification shall inform the client that: (1) the Office of Protection and Advocacy for Persons with Disabilities is abolished as of July 1, 2017; (2) the client's files are being transferred to the Office of Policy and Management; (3) the client may contact the Office of Policy and Management if the client elects to retrieve the files; and (4) the client's files are subject to destruction in accordance with subsection (c) of this section if the client chooses not to retrieve such files. The Office of Policy and Management shall take appropriate measures to ensure client confidentiality of such files while such files are in its custody. Such measures shall include procedures ensuring that (A) documents contained in the files shall not be viewed by nonattorneys, and (B) confidential information contained therein shall not be unlawfully disclosed. The Office of Policy and Management may utilize the State Library's records center for storage of the files and enter into a memorandum of understanding with the State Library outlining the proper handling of such files to ensure client confidentiality. (c) All files transferred to the Office of Policy and Management in accordance with this section shall be retained and destroyed in accordance with the records retention schedule applicable to the Office of Protection and Advocacy for Persons with Disabilities on file with the office of the Public Records Administrator on the effective date of this section. (d) Compliance with this section shall constitute an absolute defense in any legal or administrative action brought as a result of having transferred or destroyed such closed case files as prescribed herein.

Legislative History

(P.A. 17-96, S. 43.) History: P.A. 17-96 effective June 30, 2017.