§ 46a-11a — (Formerly Sec. 19a-458). Definitions.

Connecticut § 46a-11a

• Jurisdiction: Connecticut
• Title 46a: Human Rights
• Ch. 813: Protection and Advocacy for Persons with Disabilities

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For the purposes of sections 46a-11a to 46a-11g, inclusive: (1) “Abuse” means the wilful infliction of physical pain or injury or the wilful deprivation by a caregiver of services which are necessary to the person's health or safety; (2) “Neglect” means a situation where a person with intellectual disability either is living alone and is not able to obtain the services which are necessary to maintain such person's physical and mental health or is not receiving such necessary services from the caregiver; (3) “Caregiver” means a person who has the responsibility for the care of a person with intellectual disability as a result of a family relationship or who has assumed the responsibility for the care of the person with intellectual disability voluntarily, by contract or by order of a court of competent jurisdiction. The legal representative of a person with intellectual disability need not be such person's caregiver; (4) “Commissioner” means the Commissioner of Developmental Services, or such commissioner's designee; (5) “Evaluation report” means the written documentation of an investigation of abuse or neglect conducted by the Abuse Investigation Division of the Department of Developmental Services that includes, but is not limited to, the report of an allegation of abuse or neglect, evaluations, findings and recommended actions; (6) “Facility” means any public or private hospital, nursing home facility, residential care home, training school, regional facility, group home, community companion home, school or other program serving persons with intellectual disability; (7) “Legal representative” means a plenary guardian or limited guardian of a person with intellectual disability appointed pursuant to sections 45a-669 to 45a-683 , inclusive, or a conservator of the person or a conservator of the estate appointed pursuant to sections 45a-644 to 45a-662 , inclusive; (8) “Person with intellectual disability” means a person who: (A) Has intellectual disability, as provided in section 1-1g , (B) is at least the age of eighteen and under the age of sixty, except, for purposes of subsection (b) of section 46a-11c , is eighteen years of age or older, and (C) is substantially unable to protect himself or herself from abuse and includes all such persons living in residential facilities under the jurisdiction of the Department of Developmental Services; (9) “Person who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services” means an individual eighteen years of age to fifty-nine years of age, inclusive, who receives funding or services from said division; and (10) “Protective services” means services provided by the state or any other governmental or private organization or individual which are necessary to prevent abuse or neglect. Such services may include the provision of medical care for physical and mental health needs; the provision of support services in the facility, including the time limited placement of department staff in such facility; the relocation of a person with intellectual disability to a facility able to offer such care pursuant to section 17a-210 , 17a-274 or 17a-277 , as applicable; assistance in personal hygiene; food; clothing; adequately heated and ventilated shelter; protection from health and safety hazards; protection from maltreatment, the result of which includes, but is not limited to, malnutrition, deprivation of necessities or physical punishment; and transportation necessary to secure any of the above-stated services, except that this term shall not include taking such person into custody without consent.

Legislative History

(P.A. 84-514, S. 1, 11; P.A. 86-41, S. 8, 11; 86-285, S. 2; P.A. 89-144, S. 5; P.A. 95-63, S. 1; P.A. 04-12, S. 1; P.A. 07-73, S. 2(a), (b); P.A. 11-16, S. 36; P.A. 13-208, S. 60; P.A. 14-165, S. 5; P.A. 16-49, S. 18; May Sp. Sess. P.A. 16-3, S. 56; June Sp. Sess. P.A. 17-2, S. 88; P.A. 18-32, S. 30.) History: P.A. 84-514 effective February 1, 1985; P.A. 86-41 made technical change in definition of “facility”; P.A. 86-285 inserted new Subdiv. (b) defining “neglect”, relettering remaining Subdivs. as necessary, and redefined “protective services” to include those necessary to prevent neglect and support services in a facility; P.A. 89-144 amended Subsec. (e) by substituting the office of protection and advocacy for persons with disabilities for the office of protection and advocacy for handicapped and developmentally disabled persons; Sec. 19a-458 transferred to Sec. 46a-11a in 1991; (Revisor's note: In 1993 a reference to repealed Sec. 17-128 was removed editorially by the Revisors); P.A. 95-63 substituted “person with mental retardation” for “mentally retarded person” and made technical changes; P.A. 04-12 redesignated Subdivs. (a) to (j) as Subdivs. (1) to (10), respectively, and redefined “person with mental retardation” in Subdiv. (8) to provide an exception and to add Subpara. designators (Revisor's note: In 2005, a reference in Subdiv. (7) to Sec. 45a-668 was changed editorially by the Revisors to Sec. 45a-669 to reflect the repeal of Sec. 45a-668 by P.A. 04-54); 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; P.A. 11-16 amended Subdivs. (2), (3) and (6) to (9) by substituting “intellectual disability” for “mental retardation”, amended Subdiv. (6) by substituting “community companion home” for “community training home” and amended Subdiv. (8) by making a technical change, effective May 24, 2011; P.A. 13-208 amended Subdiv. (6) to redefine “facility” by adding reference to residential care home, effective July 1, 2013; P.A. 14-165 added Subdiv. (11) re definition of “individual who receives services from the Department of Developmental Services' Division of Autism Spectrum Disorder Services” and made technical changes; P.A. 16-49 deleted reference to Sec. 45a-684 in Subdiv. (7); May Sp. Sess. P.A. 16-3 replaced references to Department of Developmental Services with references to Department of Social Services in Subdiv. (11), effective July 1, 2016; June Sp. Sess. P.A. 17-2 amended Subdiv. (3) to replace “Neither a guardian nor a conservator need be a caretaker” with “The legal representative of a person with intellectual disability need not be such person's caretaker”, deleted former Subdiv. (4) re definition of “conservator”, deleted former Subdiv. (5) re definition of “director”, added new Subdiv. (4) re definition of “commissioner”, added new Subdiv. (5) re definition of “evaluation report”, deleted former Subdiv. (7) re definition of “guardian”, added new Subdiv. (7) re definition of “legal representative”, added new Subdiv. (9) re definition of “person who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services”, redesignated existing Subdiv. (9) re definition of “protective services” as new Subdiv. (10), and deleted former Subdivs. (10) and (11) re definition of “commissioner” and definition of “individual who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services”, respectively, effective October 31, 2017; P.A. 18-32 redefined “neglect” in Subdiv. (2), and replaced “caretaker” with “caregiver” in Subdivs. (1) to (3). Cited. 240 C. 766.