Bill Text: CT HB07192 | 2017 | General Assembly | Chaptered
Bill Title: An Act Concerning A Protection And Advocacy System For Persons With Disabilities.
Spectrum: Committee Bill
Status: (Passed) 2017-06-30 - Signed by the Governor [HB07192 Detail]
Download: Connecticut-2017-HB07192-Chaptered.html
AN ACT CONCERNING A PROTECTION AND ADVOCACY SYSTEM FOR PERSONS WITH DISABILITIES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (a) of section 4-61aa of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(a) For purposes of this section, "state Americans with Disabilities Act coordinator" means the person appointed by the Governor to coordinate state compliance with the federal Americans with Disabilities Act of 1990. There is established a committee to advise the state Americans with Disabilities Act coordinator. The state Americans with Disabilities Act coordinator shall appoint the members of the committee, which shall be chaired by said coordinator, or his designee, and include at least one representative of each of the following:
(1) The Board of Education and Services to the Blind;
(2) The Commission on the Deaf and Hearing Impaired;
(3) The Department of Rehabilitation Services;
[(4) The Office of Protection and Advocacy for Persons with Disabilities; ]
[(5)] (4) The Department of Mental Health and Addiction Services;
[(6)] (5) The Department of Developmental Services;
[(7)] (6) The Labor Department;
[(8)] (7) The Department of Administrative Services; and
[(9)] (8) The Commission on Human Rights and Opportunities.
Sec. 2. Section 8-119x of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
The Commissioner of Housing shall, in consultation with the Department of Social Services, the State Building Inspector, [the Office of Protection and Advocacy for Persons with Disabilities,] the Department of Administrative Services and the Office of Policy and Management, establish a state-wide electronic database of information on the availability of dwelling units in the state which are accessible to or adaptable for persons with disabilities. To the extent practicable, such database shall include such information as: (1) The location of, the monthly rent for and the number of bedrooms in each such dwelling unit, (2) the type of housing and neighborhood in which each such dwelling unit is located, (3) the vacancy status of each such dwelling unit, (4) if a unit is unavailable, the date such unit is expected to become available or the date when a waiting list is expected to open, and (5) any feature of each such unit that makes it accessible to or adaptable for persons with disabilities.
Sec. 3. Subsection (a) of section 8-218h of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(a) There is established a task force consisting of the cochairmen and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to public safety; the State Building Inspector or his or her designee; [the assistant director of the Office of Protection and Advocacy for Persons with Disabilities; ] four representatives of the Home Builders Association, one of whom shall be appointed by the president pro tempore of the Senate, one by the minority leader of the Senate, one by the speaker of the House of Representatives and one by the minority leader of the House of Representatives; and four members of the public having physical disabilities, two of whom shall be appointed by the Governor, one by the majority leader of the Senate and one by the majority leader of the House of Representatives. On and after July 1, 1990, the task force shall also consist of the Commissioner of Social Services, or his or her designee; an additional representative of the Home Builders Association, who shall be appointed jointly by the ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to public safety; and an additional member of the public having a physical disability, who shall be appointed jointly by the cochairpersons of said joint standing committee. On and after June 26, 1991, the task force shall also consist of the Commissioner of Economic and Community Development, or his or her designee, and a representative of each community housing development corporation administering the program established under subsection (d) of section 8-218, appointed by the Commissioner of Economic and Community Development. On and after July 1, 2013, the task force shall also consist of the Commissioner of Housing, or his or her designee.
Sec. 4. Section 9-168d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(a) On or before July 1, 1980, each polling place shall be made accessible to and usable by physically disabled persons by complying with the following standards of accessibility: (1) Doors, entrances, and exits used to gain access to or egress from the polling place shall have a minimum width of thirty-one inches; (2) temporary ramps shall be made available or curb cuts provided where necessary for accessibility to the entrance; (3) any stairs necessarily used to enter the polling place shall have a temporary handrail and ramp; (4) in the polling place, no barrier shall impede the path of the physically disabled to the voting booth.
(b) The registrars of voters in each town, or the legislative body of the town, shall select as polling places only those sites which meet the standards of accessibility required under the State Building Code, as revised pursuant to section 29-269, as amended by this act, if applicable, or this section. The registrars of voters in each town shall file with the Secretary of the State either: (1) A certification, as prescribed by the Secretary of the State, that states that each polling place selected complies with the provisions set forth in this subsection, or (2) an application for waiver, as described in subsection (c) of this section.
(c) The registrars or such legislative body may select a site not meeting such standards if no available site within the voting district or town can reasonably be made accessible if an application for waiver is filed with [the Secretary of the State and approved by the Office of Protection and Advocacy for Persons with Disabilities] and approved by the building official of the town who shall file a copy of such approval with the Secretary of the State. An application for waiver shall be filed at least sixty days prior to the date on which the primary or election will be held. [The Secretary of the State shall, within seven days after receipt of any such application, refer the application to said office of protection and advocacy. Said office shall, within thirty days, review the application and inform the Secretary of the State of its approval or disapproval. The Secretary of the State shall notify the applicant for waiver of such approval or disapproval within seven days after the secretary is so informed. ] The Secretary of the State shall, not later than thirty days after the waiver application is filed, file a written objection to such waiver if the Secretary has reason to believe such waiver should not be granted.
Sec. 5. Subsection (a) of section 10-76i of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(a) There shall be an Advisory Council for Special Education which shall advise the General Assembly, State Board of Education and the Commissioner of Education, and which shall engage in such other activities as described in this section. On and after July 1, 2012, the advisory council shall consist of the following members: (1) Nine appointed by the Commissioner of Education, (A) six of whom shall be (i) the parents of children with disabilities, provided such children are under the age of twenty-seven, or (ii) individuals with disabilities, (B) one of whom shall be an official of the Department of Education, (C) one of whom shall be a state or local official responsible for carrying out activities under Subtitle B of Title VII of the McKinney-Vento Homeless Assistance Act, 42 USC 11431 et seq. , as amended from time to time, and (D) one of whom shall be a representative of an institution of higher education in the state that prepares teacher and related services personnel; (2) one appointed by the Commissioner of Developmental Services who shall be an official of the department; (3) one appointed by the Commissioner of Children and Families who shall be an official of the department; (4) one appointed by the Commissioner of Correction who shall be an official of the department; (5) [the director of the Office of Protection and Advocacy for Persons with Disabilities, or the director's designee; (6)] one appointed by the director of the Parent Leadership Training Institute within the Commission on Women, Children and Seniors who shall be (A) the parent of a child with a disability, provided such child is under the age of twenty-seven, or (B) an individual with a disability; [(7)] (6) a representative from the parent training and information center for Connecticut established pursuant to the Individuals With Disabilities Education Act, 20 USC 1400 et seq. , as amended from time to time; [(8)] (7) the Commissioner of Rehabilitation Services, or the commissioner's designee; [(9)] (8) five who are members of the General Assembly who shall serve as nonvoting members of the advisory council, one appointed by the speaker of the House of Representatives, one appointed by the majority leader of the House of Representatives, one appointed by the minority leader of the House of Representatives, one appointed by the president pro tempore of the Senate and one appointed by the minority leader of the Senate; [(10)] (9) one appointed by the president pro tempore of the Senate who shall be a member of the Connecticut Speech-Language-Hearing Association; [(11)] (10) one appointed by the majority leader of the Senate who shall be a public school teacher; [(12)] (11) one appointed by the minority leader of the Senate who shall be a representative of a vocational, community or business organization concerned with the provision of transitional services to children with disabilities; [(13)] (12) one appointed by the speaker of the House of Representatives who shall be a member of the Connecticut Council of Special Education Administrators and who is a local education official; [(14)] (13) one appointed by the majority leader of the House of Representatives who shall be a representative of charter schools; [(15)] (14) one appointed by the minority leader of the House of Representatives who shall be a member of the Connecticut Association of Private Special Education Facilities; [(16)] (15) one appointed by the Chief Court Administrator of the Judicial Department who shall be an official of such department responsible for the provision of services to adjudicated children and youth; [(17)] (16) seven appointed by the Governor, all of whom shall be (A) the parents of children with disabilities, provided such children are under the age of twenty-seven, or (B) individuals with disabilities; (17) the executive director of the nonprofit entity designated by the Governor in accordance with section 46a-10b, as amended by this act, to serve as the Connecticut protection and advocacy system, or the director's designee; and (18) such other members as required by the Individuals with Disabilities Education Act, 20 USC 1400 et seq. , as amended from time to time, appointed by the Commissioner of Education. Appointments made pursuant to the provisions of this section shall be representative of the ethnic and racial diversity of, and the types of disabilities found in, the state population. The terms of the members of the council serving on June 8, 2010, shall expire on June 30, 2010. Appointments shall be made to the council by July 1, 2010. Members shall serve two-year terms, except that members appointed pursuant to subdivisions (1) to (3), inclusive, of this subsection whose terms commenced July 1, 2010, shall serve three-year terms and the successors to such members appointed pursuant to subdivisions (1) to (3), inclusive, of this subsection shall serve two-year terms.
Sec. 6. Subsection (n) of section 10-236b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(n) If the use of such restraint or seclusion results in physical injury to the student, the local or regional board of education, and each institution or facility operating under contract with a local or regional board of education pursuant to subsection (d) of section 10-76d that provides special education for children, including any approved private special education program, shall report the incident to the State Board of Education, which shall include such incident in the report required pursuant to subsection (k) of this section. The State Board of Education shall report any incidence of serious injury or death to the [director of the Office of Protection and Advocacy for Persons with Disabilities] nonprofit entity designated by the Governor in accordance with section 46a-10b, as amended by this act, to serve as the Connecticut protection and advocacy system, as required by the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 USC 15041, et seq., as amended from time to time, and any regulations promulgated thereunder, and as required by the Protection and Advocacy for Individuals with Mental Illness Act, 42 USC 10801 et seq., as amended from time to time, and any regulations promulgated thereunder, and, if appropriate, to the Child Advocate of the Office of the Child Advocate.
Sec. 7. Subsection (b) of section 17a-4a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(b) The Children's Behavioral Health Advisory Committee shall be composed of the following ex-officio voting members: (1) The Commissioner of Children and Families or the commissioner's designee; (2) the Commissioner of Social Services or the commissioner's designee; (3) the executive director of the Children's Health Council or said director's designee; (4) the Chief Court Administrator or said administrator's designee; (5) the Commissioner of Education or the commissioner's designee; (6) the Commissioner of Mental Health and Addiction Services or the commissioner's designee; (7) the Commissioner of Developmental Services or the commissioner's designee; (8) [the executive director of the Office of Protection and Advocacy for Persons with Disabilities or the director's designee; ] the executive director of the nonprofit entity designated by the Governor in accordance with section 46a-10b, as amended by this act, to serve as the Connecticut protection and advocacy system, or the director's designee; and the following public members: (A) Two members appointed by the Governor, one of whom shall be a parent of a child who receives behavioral health services and one of whom shall be a provider of behavioral health services; (B) six members, one of whom shall be appointed by the president pro tempore of the Senate, one of whom shall be appointed by the speaker of the House of Representatives, one of whom shall be appointed by the majority leader of the Senate, one of whom shall be appointed by the majority leader of the House of Representatives, one of whom shall be appointed by the minority leader of the Senate and one of whom shall be appointed by the minority leader of the House of Representatives, and all of whom shall be knowledgeable on issues relative to children in need of behavioral health services and family supports; and (C) sixteen members appointed by the Commissioner of Children and Families. The membership of the advisory committee shall fairly and adequately represent parents of children who have a serious emotional disturbance. At least fifty-one per cent of the members of the advisory committee shall be persons who are parents or relatives of a child who has or had a serious emotional disturbance or persons who had a serious emotional disturbance as children and no more than half the members of the committee shall be persons who receive income from a private practice or any public or private agency that delivers behavioral health services.
Sec. 8. Subsection (a) of section 17a-215d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(a) There is established the Autism Spectrum Disorder Advisory Council. The council shall consist of the following members: (1) The Commissioner of Social Services, or the commissioner's designee; (2) the Commissioner of Children and Families, or the commissioner's designee; (3) the Commissioner of Education, or the commissioner's designee; (4) the Commissioner of Mental Health and Addiction Services, or the commissioner's designee; (5) the Commissioner of Public Health, or the commissioner's designee; (6) the Commissioner of Rehabilitation Services, or the commissioner's designee; (7) the Commissioner of Developmental Services, or the commissioner's designee; (8) the Commissioner of Early Childhood, or the commissioner's designee; (9) the Secretary of the Office of Policy and Management, or the secretary's designee; (10) [the executive director of the Office of Protection and Advocacy for Persons with Disabilities, or the executive director's designee; (11)] two persons with autism spectrum disorder, one each appointed by the Governor and the speaker of the House of Representatives; [(12)] (11) two persons who are parents or guardians of a child with autism spectrum disorder, one each appointed by the Governor and the minority leader of the Senate; [(13)] (12) two persons who are parents or guardians of an adult with autism spectrum disorder, one each appointed by the president pro tempore of the Senate and the majority leader of the House of Representatives; [(14)] (13) two persons who are advocates for persons with autism spectrum disorder, one each appointed by the Governor and the speaker of the House of Representatives; [(15)] (14) two persons who are licensed professionals working in the field of autism spectrum disorder, one each appointed by the Governor and the majority leader of the Senate; [(16)] (15) two persons who provide services for persons with autism spectrum disorder, one each appointed by the Governor and the minority leader of the House of Representatives; [(17)] (16) two persons who shall be representatives of an institution of higher education in the state with experience in the field of autism spectrum disorder, one each appointed by the Governor and the president pro tempore of the Senate; [and (18)] (17) the executive director of the nonprofit entity designated by the Governor in accordance with section 46a-10b, as amended by this act, to serve as the Connecticut protection and advocacy system, or the director's designee; and (18) one person who is a physician who treats or diagnoses persons with autism spectrum disorder, appointed by the Governor.
Sec. 9. Subsection (a) of section 17a-219c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(a) There is established a Family Support Council to assist the Department of Developmental Services and other state agencies that administer or fund family support services to act in concert and, within available appropriations, to (1) establish a comprehensive, coordinated system of family support services, (2) use existing state and other resources efficiently and effectively as appropriate for such services, (3) identify and address services that are needed for families of children with disabilities, and (4) promote state-wide availability of such services. The council shall consist of [twenty-seven] twenty-six voting members including the Commissioners of Public Health, Developmental Services, Children and Families, Education and Social Services, or their designees, the Child Advocate or the Child Advocate's designee, [the executive director of the Office of Protection and Advocacy for Persons with Disabilities or the executive director's designee,] the chairperson of the State Interagency Birth-to-Three Coordinating Council, established pursuant to section 17a-248b, or the chairperson's designee, the executive director of the Commission on Women, Children and Seniors or the executive director's designee, and family members of, or individuals who advocate for, children with disabilities. The family members or individuals who advocate for children with disabilities shall comprise two-thirds of the council and shall be appointed as follows: Six by the Governor, three by the president pro tempore of the Senate, two by the majority leader of the Senate, one by the minority leader of the Senate, three by the speaker of the House of Representatives, two by the majority leader of the House of Representatives and one by the minority leader of the House of Representatives. All appointed members serving on or after October 5, 2009, including members appointed prior to October 5, 2009, shall serve in accordance with the provisions of section 4-1a. Members serving on or after October 5, 2009, including members appointed prior to October 5, 2009, shall serve no more than eight consecutive years on the council. The council shall meet at least quarterly and shall select its own chairperson. Council members shall serve without compensation but shall be reimbursed for necessary expenses incurred. The costs of administering the council shall be within available appropriations in accordance with this section and sections 17a-219a and 17a-219b.
Sec. 10. Subsection (a) of section 17a-232 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(a) An application to appoint a receiver for a residential facility for persons with intellectual disability may be filed in the Superior Court by the Commissioner of Developmental Services. [or the director of the Office of Protection and Advocacy for Persons with Disabilities. ] A resident of the facility or the resident's legally liable relative, conservator, or guardian may file a written complaint with the Commissioner of Developmental Services specifying conditions at the facility which warrant an application to appoint a receiver. If the Commissioner of Developmental Services fails to resolve the complaint within forty-five days of its receipt or, in the case of a facility which intends to close, within seven days of its receipt, the person who filed the complaint may file an application in the Superior Court for the appointment of a receiver for the facility. The court shall immediately notify the Attorney General of the application. The court shall hold a hearing not later than ten days after the date the application is filed. Notice of the hearing shall be given to the owner of the facility or the owner's agent for service of process not less than five days prior to the hearing. The notice shall be posted by the court in a conspicuous place inside the facility for not less than three days prior to the hearing.
Sec. 11. Section 17a-247a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
As used in this section and sections 17a-247b to 17a-247f, inclusive, as amended by this act:
(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. [or individuals receiving services or funding from the Department of Social Services' Division of Autism Spectrum Disorder Services. ]
(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 [from the Department of Social Services' Division of Autism Spectrum Disorder Services has occurred, 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.
Sec. 12. Subsection (c) of section 17a-247b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(c) The department shall make information in the registry available only to: (1) Authorized agencies, for the purpose of protective service determinations; (2) employers who employ employees to provide services to an individual who receives services or funding from the department; (3) the Departments of Children and Families, [and] Mental Health and Addiction Services, and Social Services, for the purpose of determining whether an applicant for employment appears on the registry; or (4) charitable organizations that recruit volunteers to support programs for persons with intellectual disability or autism spectrum disorder, upon application to and approval by the commissioner, for purposes of conducting background checks on such volunteers.
Sec. 13. Section 17a-247f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(a) For purposes of this section ["individual] "person who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services" means [an individual] a person eighteen years of age to sixty years of age, inclusive, who receives funding or services from the Department of Social Services' Division of Autism Spectrum Disorder Services.
(b) (1) The Commissioner of Developmental Services, or the commissioner's designee, may investigate any reports alleging abuse or neglect of [an individual] a person who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services. Such investigation shall include a visit to the residence of the [individual] person reported to have been abused or neglected and consultation with persons having knowledge of the facts surrounding such allegation. All state, local and private agencies shall have a duty to cooperate with any such investigation, including the release of complete records of such [individual] person for review, inspection and copying, except where such [individual] person refuses to permit his or her record to be released. All such records shall be kept confidential by the Department of Developmental Services.
(2) Upon completion of the investigation of each case, the [Commissioner of Developmental Services] commissioner, or the commissioner's designee, shall prepare written findings that shall include a determination as to whether abuse or neglect has occurred and may include recommendations as to whether protective services are needed. The [Commissioner of Developmental Services] commissioner, or the commissioner's designee, except in cases where the [parent or guardian] legal representative of the [individual] person reported to be abused or neglected is the alleged perpetrator of abuse or neglect or is residing with the alleged perpetrator, shall notify the [parents or guardian] legal representative, if any, of such [individual] person if a report of abuse or neglect is made that the department determines warrants investigation. The [Commissioner of Developmental Services] commissioner, or the commissioner's designee, shall provide the [parents or guardians] legal representative who the [Commissioner of Developmental Services] commissioner, or the commissioner's designee, determines [are] is entitled to such information with further information upon request. The commissioner, or the commissioner's designee, shall provide the Commissioner of Social Services with the evaluation report concerning any person who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services. The person making the allegation of abuse or neglect [and the Director of the Office of Protection and Advocacy for Persons with Disabilities] shall be notified of the findings resulting from the investigation, upon such person's request.
(3) Neither the original [allegation of] report of alleged abuse or neglect nor the [investigation] evaluation report of the investigator that includes findings and recommendations shall be deemed a public record for purposes of section 1-210. The name of the person making the original [allegation] report shall not be disclosed to any person unless the person making the original [allegation] report consents to such disclosure or unless a judicial proceeding results therefrom.
Sec. 14. Section 17a-248 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
As used in this section and sections 17a-248b to 17a-248g, inclusive, 38a-490a and 38a-516a, unless the context otherwise requires:
(1) "Commissioner" means the Commissioner of Early Childhood.
(2) "Council" means the State Interagency Birth-to-Three Coordinating Council established pursuant to section 17a-248b.
(3) "Early intervention services" means early intervention services, as defined in 34 CFR Part 303. 13, as from time to time amended.
(4) "Eligible children" means children from birth to thirty-six months of age, who are not eligible for special education and related services pursuant to sections 10-76a to 10-76h, inclusive, and who need early intervention services because such children are:
(A) Experiencing a significant developmental delay as measured by standardized diagnostic instruments and procedures, including informed clinical opinion, in one or more of the following areas: (i) Cognitive development; (ii) physical development, including vision or hearing; (iii) communication development; (iv) social or emotional development; or (v) adaptive skills; or
(B) Diagnosed as having a physical or mental condition that has a high probability of resulting in developmental delay.
(5) "Evaluation" means a multidisciplinary professional, objective assessment conducted by appropriately qualified personnel in order to determine a child's eligibility for early intervention services.
(6) "Individualized family service plan" means a written plan for providing early intervention services to an eligible child and the child's family.
(7) "Lead agency" means the Office of Early Childhood, the public agency responsible for the administration of the birth-to-three system in collaboration with the participating agencies.
(8) "Parent" means (A) a biological, adoptive or foster parent of a child; (B) a guardian, except for the Commissioner of Children and Families; (C) an individual acting in the place of a biological or adoptive parent, including, but not limited to, a grandparent, stepparent, or other relative with whom the child lives; (D) an individual who is legally responsible for the child's welfare; or (E) an individual appointed to be a surrogate parent.
(9) "Participating agencies" includes, but is not limited to, the Departments of Education, Social Services, Public Health, Children and Families and Developmental Services, the Office of Early Childhood, the Insurance Department [,] and the Department of Rehabilitation Services. [and the Office of Protection and Advocacy for Persons with Disabilities. ]
(10) "Qualified personnel" means persons who meet the standards specified in 34 CFR Part 303. 31, as from time to time amended, and who are licensed physicians or psychologists or persons holding a state-approved or recognized license, certificate or registration in one or more of the following fields: (A) Special education, including teaching of the blind and the deaf; (B) speech and language pathology and audiology; (C) occupational therapy; (D) physical therapy; (E) social work; (F) nursing; (G) dietary or nutritional counseling; and (H) other fields designated by the commissioner that meet requirements that apply to the area in which the person is providing early intervention services, provided there is no conflict with existing professional licensing, certification and registration requirements.
(11) "Service coordinator" means a person carrying out service coordination services, as defined in 34 CFR Part 303. 34, as from time to time amended.
(12) "Primary care provider" means physicians and advanced practice registered nurses, licensed by the Department of Public Health, who are responsible for performing or directly supervising the primary care services for children enrolled in the birth-to-three program.
Sec. 15. Section 17a-274 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(a) Any [court of probate] Probate Court shall have the power to place any person residing in its district whom it finds to be a person with intellectual disability with the Department of Developmental Services for placement in any appropriate setting which meets the person's habilitative needs in the least restrictive environment available or which can be created within existing resources of the department, in accordance with the provisions of this section and section 17a-276, as amended by this act. No person shall be so placed unless the court has found the person has intellectual disability and (1) is unable to provide for himself or herself at least one of the following: Education, habilitation, care for personal health and mental health needs, meals, clothing, safe shelter or protection from harm; (2) has no family or [guardian] legal representative or other person to care for him or her, or his or her family or [guardian] legal representative or other person can no longer provide adequate care for him or her; (3) is unable to obtain adequate, appropriate services which would enable him or her to receive care, treatment and education or habilitation without placement by a [court of probate] Probate Court; and (4) is not willing to be placed under the custody and control of the Department of Developmental Services or its agents or voluntary admission has been sought by the [guardian or limited guardian] legal representative of such person [appointed pursuant to chapter 779a or the provisions of sections 45a-711 to 45a-725, inclusive,] and such voluntary admission has been opposed by the [ward] protected person or his or her next of kin.
(b) [Application] A petition to the Probate Court for placement under this section may be [made] filed by any interested party. The [application] petition and all records of Probate Court proceedings held as a result of the filing of such [application, except for the name of any guardian of the respondent, shall be sealed and shall be made available only to the respondent or the respondent's counsel or guardian, and to the Commissioner of Developmental Services or the commissioner's designee, unless the Probate Court, after hearing held with notice to the respondent or the respondent's counsel or guardian, and to the commissioner or the commissioner's designee, determines that such application and records should] petition shall be confidential and shall not be open to public inspection by or disclosed to any person, except that (1) such records shall be available to (A) the parties in any such case and their counsel, (B) the Department of Developmental Services, and (C) the office of the Probate Court Administrator; (2) if the court appoints a legal representative, the names of the legal representative and the protected person shall be public; and (3) the court may, after hearing with notice to the respondent, the respondent's counsel, the legal representative and the Department of Developmental Services, permit records to be disclosed for cause shown. The [application] petition shall allege that the respondent is a person with intellectual disability and [(1)] (A) is unable to provide for himself or herself at least one of the following: Education, habilitation, care for personal health and mental health needs, meals, clothing, safe shelter or protection from harm; [(2)] (B) has no family or [guardian] legal representative or other person to care for the respondent or the respondent's family or [guardian] the legal representative or other person can no longer provide adequate care for the respondent; [(3)] (C) is unable to obtain adequate, appropriate services which would enable the respondent to receive care, treatment and education or habilitation without placement by a [court of probate] Probate Court; and [(4)] (D) is not willing to be placed under the custody and control of the Department of Developmental Services or its agents or voluntary admission has been sought by the [guardian or limited guardian] legal representative of the respondent [appointed pursuant to chapter 779a or the provisions of sections 45a-711 to 45a-725, inclusive,] and such voluntary admission has been opposed by the [ward] protected person or the [ward's] protected person's next of kin.
(c) Immediately upon the filing of the [application] petition, the Probate Court shall assign a time, date and place for a hearing, such hearing to be held not later than thirty business days from the date of receipt of the [application] petition. The court shall give notice of the hearing to [the respondent, the respondent's guardian or conservator, the respondent's spouse or, if none, the respondent's children or, if none, the respondent's parents or, if none, the respondent's siblings, the Commissioner of Developmental Services, the director of the Office of Protection and Advocacy for Persons with Disabilities, and any other person who has shown] (1) the petitioner; (2) the respondent; (3) the respondent's legal representative; (4) the respondent's spouse or, if none; (5) the respondent's children or, if none; (6) the respondent's parents or, if none; (7) the respondent's siblings; (8) the Commissioner of Developmental Services; and (9) at the court's discretion, other persons having an interest in the respondent.
(d) Notice to the respondent and Commissioner of Developmental Services shall include: The names of all persons filing the [application] petition, the allegations made in the [application] petition, the time, date and place of the hearing, and the name, address and telephone number of the attorney who will represent the respondent. The notice shall state the right of the respondent to be present at the hearing, to present evidence, to cross-examine witnesses who testify at the hearing, and to an independent diagnostic and evaluative examination by a licensed psychologist of his or her own choice, who may testify on his or her behalf. If the court finds the respondent is indigent, the notice shall further state the respondent may be represented by counsel of his or her own choosing, and, if the court finds the respondent is indigent, that counsel shall be provided without cost. The reasonable compensation for counsel provided to indigent respondents shall be established by, and paid from funds appropriated to, the Judicial Department, however, if funds have not been included in the budget of the Judicial Department for such purposes, such compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund.
(e) Unless the respondent is represented by counsel, the court shall immediately appoint an attorney to represent the respondent from a list of attorneys admitted to practice in this state provided by the Probate Court Administrator in accordance with regulations adopted by the Probate Court Administrator in accordance with section 45a-77. Such attorney may, unless replaced, attend all examinations preceding the hearing and may copy or inspect any and all reports concerning the respondent.
(f) The court shall appoint a licensed psychologist from a panel of psychologists provided by the [office of the] Probate Court Administrator to examine the respondent. The psychologist shall prepare a report on a form provided by the Probate Court. Such report shall include a statement as to whether the respondent has intellectual disability and an explanation of how the determination was reached. The explanation shall include the results of a psychological assessment within the past year, an interview or observation of the respondent, and an evaluation of adaptive behavior. Such report shall include a statement of the respondent's needs. Duplicate copies of the report shall be filed with the Commissioner of Developmental Services and all attorneys of record not less than five days prior to the date of the hearing. The court shall order the psychologist to appear for cross-examination at the request of the respondent if the respondent makes such request not less than three days prior to the date of the hearing.
(g) If the court, after hearing, finds there is clear and convincing evidence that the respondent has intellectual disability and meets the criteria set out in subsection (a) of this section, the court shall order the respondent placed with the Department of Developmental Services for placement in the least restrictive environment available or which can be created within existing resources of the department.
(h) If, after hearing, the court determines that the respondent's need for placement is so critical as to require immediate placement, the court shall order the respondent to be temporarily placed in the most appropriate available placement. The Department of Developmental Services upon receipt of such order shall place the respondent in such setting and shall proceed according to subsection (i) of this section.
(i) The Department of Developmental Services, upon receipt of an order pursuant to subsection (g) of this section, shall arrange for an interdisciplinary team to evaluate the respondent, determine the respondent's priority needs for [programming] support services and determine the least restrictive [environments] environment in which those needs could be met. The Department of Developmental Services shall place the [respondent's name on the waiting list for all facilities which have been identified] respondent as soon as possible. If no placement has become available not later than sixty days after the date that the respondent's [name was placed on the waiting list] need for residential support services was determined, the Commissioner of Developmental Services shall so advise the court and shall continue to report to the court every thirty days thereafter until an appropriate placement is available.
(j) Upon receipt of a report under subsection (i) of this section, the [Court of] Probate Court, if it determines that the respondent's need is so critical as to require immediate placement, shall order the respondent to be temporarily placed in the most appropriate available placement.
(k) Any person or agency having reasonable cause to believe that a person has intellectual disability and is in need of immediate care and treatment for his or her safety and welfare, which care and treatment is not being provided by his or her family, [or guardian] legal representative or other person responsible for his or her care, shall make a written report to the Commissioner of Developmental Services. The report shall contain the name and address of the person believed to have intellectual disability and be in need of immediate care and treatment, and his or her [parent] family, legal representative or other person responsible for his or her care, and all evidence forming the basis for such belief and shall be signed and dated by the person making such report. The Commissioner of Developmental Services shall promptly determine whether there is reasonable cause to believe that the person named in the report has intellectual disability and is in need of immediate care and treatment, which care and treatment is not being provided by [such person's] his or her family, [or guardian,] legal representative or other person responsible for his or her care and if the commissioner so determines, shall assume the care and custody of such person. The commissioner or his designee shall, within twenty-four hours, excluding Saturdays, Sundays and legal holidays, after assuming the care and custody of such person, [(1) notify the Office of Protection and Advocacy for Persons with Disabilities, and (2) file an application] file a petition pursuant to subsection (b) of this section in the [court of probate] Probate Court for the district in which such person resided prior to emergency placement. The [court of probate] Probate Court in which such application is filed shall assign a time and place for a hearing pursuant to subsection (c) of this section.
(l) In the event that any person placed under the provisions of this section is recommended for transfer by the Department of Developmental Services, the department shall proceed as required by subsection (c) of section 17a-210 and shall in addition notify the [probate court] Probate Court which made the placement.
(m) Any person who wilfully files or attempts to file, or conspires with any person to file a fraudulent or malicious [application] petition for the placement of any person pursuant to this section, shall be guilty of a class D felony.
(n) For the purposes of this section, (1) "interdisciplinary team" means a group of persons appointed by the Commissioner of Developmental Services, including a social worker, psychologist, nurse, residential programmer, educational or vocational programmer and such other persons as may be appropriate; (2) "intellectual disability" has the same meaning as provided in section 1-1g; (3) "respondent" means a person alleged to be a person with intellectual disability for whom [an application] a petition for placement has been filed; and (4) "placement" means placement in a community companion home, community living arrangement, group home, regional facility, other residential facility or residential program for persons with intellectual disability.
Sec. 16. Section 17a-276 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) All persons admitted to a state training school, regional facility or other facility provided for the care and training of persons with intellectual disability shall, until discharged therefrom either by the commissioner or by operation of law, be under the custody and control of the director of such facility. All costs of care and training shall be provided pursuant to section 17b-223. Notice of discharge shall be sent by the Department of Developmental Services to such person [, his parent or guardian] or his or her legal representative and the Probate Court.
(b) Any person with intellectual disability placed with the Department of Developmental Services pursuant to section 17a-274, as amended by this act, may request a review of his or her placement by the Probate Court at any time after issuance of the original order of placement and once a year thereafter. Such request shall be in writing, shall state the reasons for review and shall be made by the person with intellectual disability or any other person acting on his or her behalf. Such request shall be filed with the Probate Court, one copy shall be served on the Commissioner of Developmental Services and one copy shall be served on the person in charge of the facility in which the person with intellectual disability is placed. The hearing on such request shall be held not later than ten days, excluding Saturdays, Sundays and holidays, after the date of the filing of such request.
(c) At such hearing the person with intellectual disability shall have the same rights as provided under subsections (c), (d), (e) and (f) of section 17a-274, as amended by this act. The Department of Developmental Services shall notify each person placed pursuant to section 17a-274, as amended by this act, at least annually that such person has the right to a hearing to review the appropriateness and adequacy of his or her placement. At such hearing, if the court finds that the person is no longer in need of placement, the court shall order the placement terminated. If the court finds that the person's placement does not adequately meet his or her needs in the least restrictive environment available or which can be created within existing resources of the department, the court shall order the department to place such person in such least restrictive environment as the court deems available.
(d) If, within five years from the date of placement, any person placed on or after October 1, 1982, has not requested a hearing to review his or her placement, the Department of Developmental Services shall notify the [court of probate] Probate Court which placed such person. The [court of probate] Probate Court, upon such notice, shall proceed in accordance with subsections (b) and (c) of this section to schedule a hearing to determine if the placement should be continued and whether such placement adequately meets his or her habilitative needs in the least restrictive environment available or which can be created within existing resources of the department.
Sec. 17. Subsection (d) of section 17a-451 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(d) The commissioner shall coordinate the community programs receiving state funds with programs of state-operated facilities for the treatment of persons with psychiatric disabilities or persons with substance use disorders, or both. In the event of the death of a person with psychiatric disabilities, who is receiving inpatient behavioral health care services from a Department of Mental Health and Addiction Services operated facility, the commissioner shall report such death to the [director of the Office of Protection and Advocacy for Persons with Disabilities] executive director of the nonprofit entity designated by the Governor in accordance with section 46a-10b, as amended by this act, to serve as the Connecticut protection and advocacy system, as required by the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 USC 15041 et seq., as amended from time to time, and any regulations promulgated thereunder and as required by the Protection and Advocacy for Individuals with Mental Illness Act, 42 USC 10801 et seq., as amended from time to time, and any regulations promulgated thereunder, not later than thirty days after the date of the death of such person.
Sec. 18. Subsection (c) of section 17b-337 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(c) The Long-Term Care Planning Committee shall consist of: (1) The chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to human services, public health, elderly services and long-term care; (2) the Commissioner of Social Services, or the commissioner's designee; (3) one member of the Office of Policy and Management appointed by the Secretary of the Office of Policy and Management; (4) one member from the Department on Aging appointed by the Commissioner on Aging; (5) two members from the Department of Public Health appointed by the Commissioner of Public Health, one of whom is from the Office of Health Care Access division of the department; (6) one member from the Department of Housing appointed by the Commissioner of Housing; (7) one member from the Department of Developmental Services appointed by the Commissioner of Developmental Services; (8) one member from the Department of Mental Health and Addiction Services appointed by the Commissioner of Mental Health and Addiction Services; (9) one member from the Department of Transportation appointed by the Commissioner of Transportation; and (10) one member from the Department of Children and Families appointed by the Commissioner of Children and Families. [; and (11) the executive director of the Office of Protection and Advocacy for Persons with Disabilities or the executive director's designee. ] The committee shall convene no later than ninety days after June 4, 1998. Any vacancy shall be filled by the appointing authority. The chairperson shall be elected from among the members of the committee. The committee shall seek the advice and participation of any person, organization or state or federal agency it deems necessary to carry out the provisions of this section.
Sec. 19. Subsection (a) of section 17b-338 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(a) There is established a Long-Term Care Advisory Council which shall consist of the following: (1) The executive director of the Commission on Women, Children and Seniors, or the executive director's designee; (2) the State Nursing Home Ombudsman, or the ombudsman's designee; (3) the president of the Coalition of Presidents of Resident Councils, or the president's designee; (4) the executive director of the Legal Assistance Resource Center of Connecticut, or the executive director's designee; (5) the state president of AARP, or the president's designee; (6) one representative of a bargaining unit for health care employees, appointed by the president of the bargaining unit; (7) the president of LeadingAge Connecticut, Inc. , or the president's designee; (8) the president of the Connecticut Association of Health Care Facilities, or the president's designee; (9) the president of the Connecticut Association of Residential Care Homes, or the president's designee; (10) the president of the Connecticut Hospital Association or the president's designee; (11) the executive director of the Connecticut Assisted Living Association or the executive director's designee; (12) the executive director of the Connecticut Association for Homecare or the executive director's designee; (13) the president of Connecticut Community Care, Inc. or the president's designee; (14) one member of the Connecticut Association of Area Agencies on Aging appointed by the agency; (15) the president of the Connecticut chapter of the Connecticut Alzheimer's Association; (16) one member of the Connecticut Association of Adult Day Centers appointed by the association; (17) the president of the Connecticut Chapter of the American College of Health Care Administrators, or the president's designee; (18) the president of the Connecticut Council for Persons with Disabilities, or the president's designee; (19) the president of the Connecticut Association of Community Action Agencies, or the president's designee; (20) a personal care attendant appointed by the speaker of the House of Representatives; (21) the president of the Family Support Council, or the president's designee; (22) a person who, in a home setting, cares for a person with a disability and is appointed by the president pro tempore of the Senate; (23) three persons with a disability appointed one each by the majority leader of the House of Representatives, the majority leader of the Senate and the minority leader of the House of Representatives; (24) a legislator who is a member of the Long-Term Care Planning Committee; [and] (25) one member who is a nonunion home health aide appointed by the minority leader of the Senate; and (26) the executive director of the nonprofit entity designated by the Governor in accordance with section 46a-10b, as amended by this act, to serve as the Connecticut protection and advocacy system or the director's designee.
Sec. 20. Subsection (c) of section 19a-535 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(c) (1) Before effecting any transfer or discharge of a resident from the facility, the facility shall notify, in writing, the resident and the resident's guardian or conservator, if any, or legally liable relative or other responsible party if known, of the proposed transfer or discharge, the reasons therefor, the effective date of the proposed transfer or discharge, the location to which the resident is to be transferred or discharged, the right to appeal the proposed transfer or discharge and the procedures for initiating such an appeal as determined by the Department of Social Services, the date by which an appeal must be initiated in order to preserve the resident's right to an appeal hearing and the date by which an appeal must be initiated in order to stay the proposed transfer or discharge and the possibility of an exception to the date by which an appeal must be initiated in order to stay the proposed transfer or discharge for good cause, that the resident may represent himself or herself or be represented by legal counsel, a relative, a friend or other spokesperson, and information as to bed hold and nursing home readmission policy when required in accordance with section 19a-537, as amended by this act. The notice shall also include the name, mailing address and telephone number of the State Long-Term Care Ombudsman. If the resident is, or the facility alleges a resident is, mentally ill or developmentally disabled, the notice shall include the name, mailing address and telephone number of the [Office of Protection and Advocacy for Persons with Disabilities] nonprofit entity designated by the Governor in accordance with section 46a-10b, as amended by this act, to serve as the Connecticut protection and advocacy system. The notice shall be given at least thirty days and no more than sixty days prior to the resident's proposed transfer or discharge, except where the health or safety of individuals in the facility are endangered, or where the resident's health improves sufficiently to allow a more immediate transfer or discharge, or where immediate transfer or discharge is necessitated by urgent medical needs or where a resident has not resided in the facility for thirty days, in which cases notice shall be given as many days before the transfer or discharge as practicable.
(2) The resident may initiate an appeal pursuant to this section by submitting a written request to the Commissioner of Social Services not later than sixty calendar days after the facility issues the notice of the proposed transfer or discharge, except as provided in subsection (h) of this section. In order to stay a proposed transfer or discharge, the resident must initiate an appeal not later than twenty days after the date the resident receives the notice of the proposed transfer or discharge from the facility unless the resident demonstrates good cause for failing to initiate such appeal within the twenty-day period.
Sec. 21. Subsection (h) of section 19a-537 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(h) A nursing home shall not refuse to readmit a resident unless: (1) The resident's needs cannot be met in the facility; (2) the resident no longer needs the services of the nursing home due to improved health; or (3) the health and safety of individuals in the nursing home would be endangered by readmission of the resident. If a nursing home decides to refuse to readmit a resident either without requesting a consultation or following a consultation conducted in accordance with subsection (g) of this section, the nursing home shall, not later than twenty-four hours after making such decision, notify the hospital, the resident and the resident's guardian or conservator, if any, the resident's legally liable relative or other responsible party, if known, in writing of the following: (A) The determination to refuse to readmit the resident; (B) the reasons for the refusal to readmit the resident; (C) the resident's right to appeal the decision to refuse to readmit the resident; (D) the procedures for initiating such an appeal, as determined by the Commissioner of Social Services; (E) the resident has twenty days from the date of receipt of the notice from the facility to initiate an appeal; (F) the possibility of an extension of the time frame for initiating an appeal for good cause; (G) the contact information, including the name, mailing address and telephone number, for the Long-Term Care Ombudsman; and (H) the resident's right to represent himself or herself at the appeal hearing or to be represented by legal counsel, a relative, a friend or other spokesperson. If a resident is, or the nursing home alleges a resident is, mentally ill or developmentally disabled, the nursing home shall include in the notice to the resident the contact information, including the name, mailing address and telephone number of the [Office of Protection and Advocacy for Persons with Disabilities] nonprofit entity designated by the Governor in accordance with section 46a-10b, as amended by this act, to serve as the Connecticut protection and advocacy system. The Commissioner of Social Services, or the commissioner's designee, shall hold a hearing in accordance with chapter 54 to determine whether the nursing home has violated the provisions of this section. The commissioner, or the commissioner's designee, shall convene such hearing not later than fifteen days after the date of receipt of the request. The commissioner, or the commissioner's designee, shall issue a decision not later than thirty days after the date on which the hearing record is closed. The commissioner, or the commissioner's designee, may require the nursing home to readmit the resident to a semiprivate room or a private room, if a private room is medically necessary. The Superior Court shall consider an appeal from a decision of the commissioner pursuant to this section as a privileged case in order to dispose of the case with the least possible delay.
Sec. 22. Subsection (a) of section 19a-542 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(a) An application to appoint a receiver for a nursing home facility or residential care home may be filed in the Superior Court by the Commissioner of Social Services [,] or the Commissioner of Public Health. [or the director of the Office of Protection and Advocacy for Persons with Disabilities. ] A resident of such facility or home, or such resident's legally liable relative, conservator or guardian may file a written complaint with the Commissioner of Public Health specifying conditions at such facility or home that warrant an application to appoint a receiver. If the Commissioner of Public Health fails to resolve such complaint not later than forty-five days after its receipt or, in the case of a nursing home facility or residential care home that intends to close, not later than seven days after its receipt, the person who filed the complaint may file an application in the Superior Court for the appointment of a receiver for such facility or home. Said court shall immediately notify the Attorney General of such application. The court shall hold a hearing not later than ten days after the date the application is filed. Notice of such hearing shall be given to the owner of such facility or residential care home, or such owner's agent for service of process, not less than five days prior to such hearing. Such notice shall be posted by the court in a conspicuous place inside such facility for not less than three days prior to such hearing.
Sec. 23. Section 29-200 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(a) The State Building Inspector and the Codes and Standards Committee, with the approval of the Commissioner of Administrative Services, shall adopt standards as referenced in the State Building Code concerning the installation, operation, maintenance and use of inclined stairway chairlifts, vertical wheelchair or incline lifts and limited use, limited access elevators. The State Building Inspector and said committee may adopt, by reference, standards concerning inclined stairway chairlifts, vertical wheelchair or incline lifts and limited use, limited access elevators, as set forth by the American National Standards Institute.
(b) Any person, agent of the state, municipality or any other political subdivision of the state may apply to the State Building Inspector to vary or set aside standards adopted under the provisions of subsection (a) of this section. Any variation of or exemption from any provision of such standards shall be permitted only when approved by the State Building Inspector, [and the executive director of the Office of Protection and Advocacy for Persons with Disabilities acting jointly. The State Building Inspector, within seven days of receipt of any such application, shall forward a copy of such application to said executive director,] who shall, within thirty days of receipt, review the application [,] and [acting jointly with the State Building Inspector,] render a decision to accept or reject the application in whole or in part. The State Building Inspector [and said executive director] may approve a variation of or exemption from any such standard or specification when [they jointly determine] the State Building Inspector determines that [it] such standard or specification would not be feasible or would unreasonably complicate the construction, alteration or repair in question. Such determination shall be in writing. [, and if it sets aside any such standard or specification, a copy of such determination shall be sent to said executive director. ]
(c) Such lifts and elevators may be installed (1) in existing buildings principally used for meeting, gathering or assembling by any civic, religious, fraternal or charitable organization, (2) in residential buildings designed to be occupied by one or two families, (3) in new buildings for which a building permit application has been filed on or after October 1, 2004, in accordance with the State Building Code, and (4) in other existing buildings and structures only if the [executive director of the Office of Protection and Advocacy for Persons with Disabilities and the] State Building Inspector [jointly approve] approves such installation. An application for the installation of such lift or elevator in other buildings and structures under subdivision (4) of this subsection shall be submitted to the State Building Inspector who shall, [within seven days of receipt of any such application, forward a copy of such application to said executive director, who shall,] within thirty days of receipt, review the application, and [acting jointly with the State Building Inspector,] render a decision to accept or reject the application in whole or in part. Such decision shall be published electronically by the State Building Inspector on the Internet web site of the Department of Administrative Services.
(d) Any person aggrieved by any such decision of the State Building Inspector [and the executive director of the Office of Protection and Advocacy for Persons with Disabilities] may appeal to the Codes and Standards Committee within thirty days after such decision has been rendered.
(e) Any person aggrieved by any ruling of the Codes and Standards Committee may appeal therefrom to the Superior Court in accordance with section 4-183.
Sec. 24. Section 29-251 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
There shall be within the Department of Administrative Services a Codes and Standards Committee whose duty it shall be to work with the State Building Inspector in the enforcement of this part and the State Fire Marshal in the enforcement of part II of this chapter as set forth herein. The committee shall be composed of twenty-one members, residents of the state, appointed by the Commissioner of Administrative Services as follows: (1) Two shall be architects licensed in the state of Connecticut; (2) three shall be professional engineers licensed in the state of Connecticut, two of whom shall practice either structural, mechanical or electrical engineering but in no event shall both of such members represent the same specialty, and one of whom shall be a practicing fire protection engineer or mechanical engineer with extensive experience in fire protection; (3) two shall be builders or superintendents of construction, one of whom shall have expertise in residential construction and one of whom shall have expertise in nonresidential construction; (4) one shall be a public health official; (5) two shall be building officials; (6) two shall be local fire marshals; (7) one shall be a Connecticut member of a national building trades labor organization; (8) one shall have expertise in matters relating to energy efficiency; (9) four shall be public members, one of whom shall have expertise in matters relating to accessibility and use of facilities by [the physically disabled; and who shall be selected from a list of names submitted by the Office of Protection and Advocacy for Persons with Disabilities] persons with physical disabilities; (10) one shall be a contractor licensed to perform electrical work or a member of a state-wide electrical trades labor organization; (11) one shall be a contractor licensed to perform plumbing and piping work or a member of a state-wide plumbing trades labor organization; and (12) one shall be a contractor licensed to perform heating, piping and cooling work or a member of a state-wide heating and cooling trades labor organization. Each member, other than the public members, shall have had not less than ten years' practical experience in such member's profession or business. The committee shall adopt regulations in accordance with the provisions of chapter 54 governing the procedure of the committee. Members who fail to attend three consecutive meetings or fifty per cent of all meetings during a calendar year shall be deemed to have resigned. The committee may, within the limits of appropriations provided therefor, employ such assistants as may be necessary to conduct its business.
Sec. 25. Section 29-251b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
There is established, within the Department of Administrative Services, a Building Code Training Council which shall advise the State Building Inspector and the Codes and Standards Committee on all matters pertaining to certification training programs, continuing educational programs for building officials pursuant to section 29-262 and programs for all other persons eligible to receive training pursuant to subsections (a) and (c) of section 29-251c. The council shall be composed of [seventeen] sixteen members, who shall be residents of this state, appointed as follows: (1) The State Building Inspector, or his designee; (2) one by the Codes and Standards Committee, who shall be a member of said committee; (3) three by the Connecticut Building Officials Association, each of whom shall be a member of said association; (4) one by the Board of Regents for Higher Education; (5) one by the Board of Trustees of the Community-Technical Colleges; (6) one by the Governor, who shall be a chief elected official of a municipality; (7) seven by the Commissioner of Administrative Services: (A) One of whom shall be an architect licensed pursuant to chapter 390, selected from a list of individuals submitted by the Connecticut Chapter of the American Institute of Architects; (B) one of whom shall be a professional engineer, licensed pursuant to chapter 391, selected from a list of individuals submitted by the Connecticut Engineers in Private Practice; (C) one of whom shall be a landscape architect, licensed pursuant to chapter 396, selected from a list of individuals submitted by the Connecticut Chapter of the American Society of Landscape Architects; (D) one of whom shall be an interior designer, registered pursuant to chapter 396a, selected from a list of individuals submitted by the Connecticut Coalition of Interior Designers; (E) one of whom shall be a member of the Connecticut State Building Trades Council, selected from a list of individuals submitted by said organization; and (F) two of whom shall be builders, general contractors or superintendents of construction, one having expertise in residential building construction, selected from a list of individuals submitted by the Home Builders Association of Connecticut, Inc. , and one having expertise in nonresidential building construction, selected from a list of individuals submitted by the Associated General Contractors of Connecticut, Incorporated; [(8) one by the Director of the Office of Protection and Advocacy for Persons with Disabilities; and (9)] and (8) one by the president pro tempore of the Senate, who shall be a member of the public. The council shall elect a chairperson and vice-chairperson from among its members. Any member who fails to attend at least fifty per cent of all meetings held during any calendar year or fails to attend three consecutive meetings shall be deemed to have resigned from the council. Vacancies on the council shall be filled by the appointing authority. Members of the council shall serve without compensation but shall, within the limits of available funds as approved by the Commissioner of Administrative Services, be reimbursed for necessary expenses incurred in the performance of their duties.
Sec. 26. Subsection (b) of section 29-259 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(b) Any person, agent of the state, municipality or any other political subdivision of the state may apply to the State Building Inspector and the Codes and Standards Committee to modify or set aside standards for historic buildings incorporated in the State Building Code. The State Building Inspector shall, within seven days of receipt of any such application, forward a copy of such application to [the director of the Office of Protection and Advocacy for Persons with Disabilities and to] the Commissioner of Economic and Community Development. Said [director and] commissioner shall, within thirty days of receipt, review such application and make such written recommendations as [each] the commissioner deems appropriate to the State Building Inspector and the Codes and Standards Committee concerning the disposition of such application. The [recommendations of said director and] recommendation of the commissioner shall be part of the records and documents of the State Building Inspector concerning such application. The State Building Inspector and the Codes and Standards Committee shall consider such written recommendations when acting upon such application and may set aside or modify an individual standard or specification when they jointly determine that [it] such standard or specification would not be feasible or would unreasonably complicate the construction, alteration or repair in question and where alternative methods and materials have been proposed to maintain certain features. Such determination shall be in writing, shall state the reasons therefor and if it sets aside any such standard [of] or specification, a copy of such determination shall be sent to [each of said director and] the commissioner. The State Building Inspector shall electronically publish such determination on the Internet web site of the Department of Administrative Services.
Sec. 27. Subsection (b) of section 29-269 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(b) Any variation of or exemption from any provision of (1) the State Building Code relating to accessibility to, and use of, buildings and structures by persons with disabilities, (2) subsection (i) of section 14-253a, (3) section 29-273, or (4) section 29-274, shall be permitted only when approved by the State Building Inspector. [and the director of the Office of Protection and Advocacy for Persons with Disabilities acting jointly. ] Any person, agent of the state, municipality or any other political subdivision of the state may apply to the State Building Inspector to vary or set aside standards incorporated in the State Building Code pursuant to the provisions of subsection (a) of this section. The State Building Inspector [, within seven days of receipt of any such application, shall forward a copy of such application to said director, who] shall, within thirty days of receipt, review the application, and [acting jointly with the State Building Inspector,] render a decision to accept or reject the application in whole or in part. The State Building Inspector [and said director] may approve a variation of or exemption from any such standard or specification when [they jointly determine] the state building inspector determines that [it] the standard or specification would not be feasible or would unreasonably complicate the construction, alteration or repair in question. Such determination shall be in writing, shall state the reasons therefor and if it sets aside any such standard or specification, a copy of such determination shall be [sent to said director] published electronically by the State Building Inspector on the Internet web site of the Department of Administrative Services. Any person aggrieved by any such decision may appeal to the Codes and Standards Committee within thirty days after such decision has been rendered.
Sec. 28. Section 29-270a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
The owner of any enclosed shopping mall or retail business with more than fifty thousand square feet of floor space, shall install, in at least one of the primary entrances, doors that are automatically activated to provide access to persons with physical disabilities, provided the State Building Inspector may [, with the concurrence of the director of the Office of Protection and Advocacy for Persons with Disabilities,] grant an exemption from such requirement where strict compliance would entail practical difficulty or unnecessary hardship. The State Building Inspector shall electronically publish such waiver on the Internet web site of the Department of Administrative Services. Nothing in this section shall require the installation of an automatically activated door in a primary entrance which is open and unobstructed by any door during the hours the retail business is open to the public.
Sec. 29. Section 29-271 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
Any state-assisted rental housing or rental housing project constructed or substantially rehabilitated under a building permit application filed on or after January 1, 1976, and prior to October 1, 2004, that contains ten or more housing units shall have at least ten per cent of the units and all common use areas and facilities designed to promote safe and accessible means of entrance and egress and ease of access and use of facilities for the physically disabled, as defined in subsection (b) of section 1-1f, unless a waiver of such requirement is obtained from the Commissioner of Housing as provided in this section. Any state-assisted rental housing or rental housing project constructed or substantially rehabilitated under a building permit application filed on or after October 1, 2004, that contains four or more dwelling units shall have the dwelling units and all common use areas and facilities designed in accordance with the State Building Code to promote the safe and accessible use of facilities for the physically disabled, as defined in subsection (b) of section 1-1f, unless such waiver is obtained. Said commissioner may, with the concurrence of the [director of the Office of Protection and Advocacy for Persons with Disabilities and the] State Building Inspector, waive the requirement for such units for any state-financed rental housing project awarded state assistance under sections 8-214a and 8-216b, provided all requirements concerning the provision of housing units accessible to the physically disabled promulgated by the United States Department of Housing and Urban Development have been met. The State Building Inspector shall electronically publish such waiver on the Internet web site of the Department of Administrative Services. Physically disabled persons and families shall receive priority in placement in no less than ten per cent of the housing units constructed or substantially rehabilitated after January 1, 1976.
Sec. 30. Section 42-334 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
The Commissioner of Consumer Protection [, in consultation with the director of the Office of Protection and Advocacy for Persons with Disabilities,] may adopt regulations, in accordance with chapter 54, to carry out the provisions of sections 42-330 to 42-333, inclusive, as amended by this act. Such regulations may establish an alternative dispute resolution program to investigate and adjudicate disputes arising under sections 42-330 to 42-333, inclusive, as amended by this act.
Sec. 31. Subsection (c) of section 45a-656b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(c) A report filed under subsection (b) of this section with respect to placement in an institution for long-term care shall set forth the basis for the conservator's determination, what community resources are available and have been considered to avoid the placement, and the reasons why the physical, mental and psychosocial needs of the person under conservatorship cannot be met in a less restrictive and more integrated setting. Such community resources include, but are not limited to, resources provided by the area agencies on aging, the Department of Social Services, [the Office of Protection and Advocacy for Persons with Disabilities,] the Department of Mental Health and Addiction Services, the Department of Developmental Services, any center for independent living, as defined in section 17b-613, any residential care home or any congregate or subsidized housing. The conservator shall give notice of the placement of the person under conservatorship in an institution for long-term care and a copy of such report to the person under conservatorship, the attorney for the person under conservatorship and any interested parties as determined by the court. Service shall be by first-class mail. The conservator shall provide a certification to the court that service was made in the manner prescribed by this subsection.
Sec. 32. Subsection (b) of section 45a-682 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(b) Immediately upon receipt of the petition, the court shall order such notice of the petition and the date and time of hearing as it may direct to the respondent, the respondent's parents or spouse, if any, [and to the Office of Protection and Advocacy for Persons with Disabilities] the Department of Developmental Services and the nonprofit entity designated by the Governor in accordance with section 46a-10b, as amended by this act, to serve as the Connecticut protection and advocacy system. A hearing shall be held promptly, taking into consideration the condition of the respondent. If, after hearing, the court finds that the respondent by reason of the severity of the respondent's intellectual disability is incapable of giving informed consent to such procedure, and that the respondent will suffer deterioration of the respondent's physical or mental health or serious discomfort if such procedure or treatment, or both, is not ordered, the court may appoint a temporary limited guardian for the purpose of consenting to such procedure or treatment, or both. In making such appointment, the court shall give preference to the parent, next of kin or other person whom the court deems proper. The court may appoint the Commissioner of Developmental Services, or the commissioner's designee, to serve in such capacity if it is unable to find a suitable guardian. The appointment shall not be valid for more than sixty days. A temporary limited guardian shall be subject to all limitations set forth in section 45a-677.
Sec. 33. Section 45a-693 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
Upon such application for a determination of ability to give informed consent, such court shall assign a time, not later than thirty days thereafter, and a place for hearing such application. Any hearing held under this section shall be pursuant to sections 51-72 and 51-73. Notwithstanding the provisions of section 45a-7, the court may hold the hearing on said application at a place within the state other than the usual courtroom if it would facilitate the presence of the respondent. Such court shall cause a citation and notice to be served on the following parties at least seven days prior to such hearing date. (1) The court shall direct personal service be made by a state marshal, constable or indifferent person upon the respondent and if the respondent is in a hospital, nursing home, state school or some other institution, in addition to the respondent, upon the chief executive, officer or administrator in such hospital, nursing home, state school or other institution. (2) The court shall order such notice as it directs to the following: (A) The parents of the respondent, if any, (B) the spouse of the respondent, if any, (C) the siblings of such applicant, if any, if the respondent has no living parents, (D) the [Office of Protection and Advocacy for Persons with Disabilities] nonprofit entity designated by the Governor in accordance with section 46a-10b, as amended by this act, to serve as the Connecticut protection and advocacy system, and (E) such other persons as the court may determine have interest in the respondent.
Sec. 34. Section 45a-694 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
Upon the filing of an application for a determination of an individual's ability to give informed consent to sterilization, the court shall appoint legal counsel to represent any respondent who has not selected a counsel to represent such respondent in response to the application. Such legal counsel shall be from a panel of attorneys admitted to practice in this state provided by the Probate Court Administrator in accordance with regulations promulgated by the Probate Court Administrator in accordance with section 45a-77. [In establishing such panel, the Probate Court Administrator shall seek recommendations from the Office of Protection and Advocacy for Persons with Disabilities, which may be included in such panel. ] The reasonable compensation of an appointed legal counsel shall be established by the court. Such compensation shall be charged to the respondent provided, if the court finds such respondent is unable to pay such compensation, it shall be paid from the Probate Court Administration Fund.
Sec. 35. Section 46a-7 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
It is hereby found that the state of Connecticut has a special responsibility for the care, treatment, education [,] and rehabilitation of [and advocacy for its disabled citizens] persons with disabilities. Frequently [the disabled] persons with disabilities are not aware of services or are unable to gain access to the appropriate facilities or services. It is hereby the declared policy of the state to provide for coordination of services for [the disabled] persons with disabilities among the various agencies of the state charged with the responsibility for the care, treatment, education and rehabilitation of [the disabled] persons with disabilities.
Sec. 36. Subsection (h) of section 46a-152 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(h) (1) Nothing in this section shall be construed as prohibiting the use of mechanical physical restraint in transporting any person (A) who is receiving services from the Department of Mental Health and Addiction Services pursuant to sections 17a-513 to 17a-517, inclusive, 17a-566 to 17a-567, inclusive, 17a-582 to 17a-603, inclusive, or 54-56d, or (B) who is committed to the department by a court of competent jurisdiction and has a pending criminal charge for which bail or a bond has not been posted, from a department facility to another location and, if applicable, back to such facility. Any such use of mechanical physical restraint shall be determined on an individualized basis by the head of the facility, or by a designee of the head of the facility, to be necessary and appropriate to protect the public safety.
(2) Any use of mechanical physical restraint under this subsection shall be documented in the medical record of the person who is transported. Such documentation shall include, but not be limited to, (A) the reason for the use of such restraint, including the risk of flight, the risk to public safety and the person's clinical condition, and (B) a detailed description of the nature of such restraint and its duration. If the use of any such restraint results in serious physical injury or death to such person, the head of the facility shall report such injury or death to the Commissioner of Mental Health and Addiction Services. The commissioner, upon receiving any such report, shall inform the [director of the Office of Protection and Advocacy for Persons with Disabilities] executive director of the nonprofit entity designated by the Governor in accordance with section 46a-10b, as amended by this act, to serve as the Connecticut protection and advocacy system, as required by the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 USC 15041 et seq., as amended from time to time, and any regulations promulgated thereunder and as required by the Protection and Advocacy for Individuals with Mental Illness Act, 42 USC 10801 et seq., as amended from time to time, and any regulations promulgated thereunder, of such injury or death.
Sec. 37. Section 46a-153 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(a) Each institution or facility that provides direct care or supervision of persons at risk shall (1) record each instance of the use of physical restraint or seclusion on a person at risk and the nature of the emergency that necessitated its use, and (2) include such information in an annual compilation on its use of such restraint and seclusion. The commissioner of the state agency that has jurisdiction or supervisory control over each institution or facility shall review the annual compilation prior to renewing a license for or a contract with such institution or facility.
(b) If the use of such restraint or seclusion results in physical injury to the person, the institution or facility shall report the incident to the commissioner of the state agency that has jurisdiction or supervisory control over the institution or facility. The commissioner receiving a report of such an incident shall report any incidence of serious injury or death to the [director of the Office of Protection and Advocacy for Persons with Disabilities] executive director of the nonprofit entity designated by the Governor in accordance with section 46a-10b, as amended by this act, to serve as the Connecticut protection and advocacy system, as required by the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 USC 15041 et seq., as amended from time to time, and any regulations promulgated thereunder, and as required by the Protection and Advocacy for Individuals with Mental Illness Act, 42 USC 10801 et seq., as amended from time to time, and any regulations promulgated thereunder, and, if appropriate, to the Child Advocate of the Office of the Child Advocate.
Sec. 38. Section 52-259a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(a) Any member of the Division of Criminal Justice or the Division of Public Defender Services, any employee of the Judicial Department, acting in the performance of such employee's duties, the Attorney General, an assistant attorney general, the Consumer Counsel, any attorney employed by the Office of Consumer Counsel within the Department of Energy and Environmental Protection, the Department of Revenue Services, the Commission on Human Rights and Opportunities, the Freedom of Information Commission, the Board of Labor Relations, [the Office of Protection and Advocacy for Persons with Disabilities,] the Office of the Victim Advocate, the Department of Social Services, the Department of Children and Families or the Office of State Ethics, or any attorney appointed by the court to assist any of them or to act for any of them in a special case or cases, while acting in such attorney's official capacity or in the capacity for which such attorney was appointed, shall not be required to pay the fees specified in sections 52-258, 52-259, and 52-259c, subsection (a) of section 52-356a, subsection (a) of section 52-361a, section 52-367a, subsection (b) of section 52-367b and subsection (n) of section 46b-231.
(b) (1) The Immigration and Naturalization Service shall not be required to pay any fees specified in section 52-259 for any certified copy of any criminal record.
(2) The Office of the Federal Public Defender shall not be required to pay any fees specified in section 52-259 for any certified copy of any criminal record.
(3) An employee of the United States Probation Office, acting in the performance of such employee's duties, shall not be required to pay any fee specified in section 52-259 for any certified copy of any criminal record.
Sec. 39. Section 42-330 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
As used in sections 42-330 to 42-336, inclusive, as amended by this act, unless the context otherwise requires:
(1) "Assistive technology device" means any device sold, leased or transferred in this state or to a consumer in this state on or after January 1, 1998, that is used or designed to be used to enable or enhance the ability of a person with a disability to communicate, see, hear or achieve mobility, including, but not limited to, (A) manual or motor-driven wheelchairs and other assistive devices that enhance a mobility impaired person's ability to achieve mobility, including seating and positioning aids, (B) telephone communication devices for the hearing impaired and other assistive listening devices that enhance a hearing impaired person's ability to hear or communicate, but not including hearing aids, (C) voice synthesized computer modules, optical scanners, talking software, braille printers and other assistive devices that enhance a sight impaired person's ability to see or communicate, (D) computer equipment with voice output, artificial larynges, voice amplification devices and other alternative and augmentative communication devices, (E) any system of such devices that, as a whole, is itself such a device, (F) any component product of such devices that is itself ordinarily such a device, and (G) any such device used primarily by a dealer, lessor or manufacturer for the purpose of demonstration to the public or to prospective purchasers or lessees. "Assistive technology device" does not include batteries used in or nonessential accessories to any such devices.
(2) "Collateral costs" means expenses incurred by a consumer in connection with the repair of a nonconformity in an assistive technology device, including, but not limited to, the cost of an alternative assistive technology device.
(3) "Consumer" means any person (A) who purchases an assistive technology device from a dealer or manufacturer for purposes other than for resale, (B) to whom an assistive technology device is transferred if such transfer occurs before the expiration of an express warranty applicable to such assistive technology device, (C) who may enforce an express warranty applicable to an assistive technology device, or (D) who leases an assistive technology device from a lessor under a written lease.
(4) "Dealer" means any person engaged in the business of selling assistive technology devices to consumers.
(5) "Early termination cost" means an expense or obligation that a lessor incurs as a result of both the termination of a written lease for an assistive technology device before the expiration of the lease term and the return of an assistive technology device to a manufacturer under subsection (b) of section 42-331, including any penalty for prepayment required under any financing arrangement.
(6) "Early termination savings" means an expense or obligation that a lessor avoids as a result of both the termination of a written lease for an assistive technology device before the expiration of the lease term and the return of an assistive technology device to a manufacturer under subsection (b) of section 42-331, including any interest charge that the lessor would have paid to finance the assistive technology device or, if not so financed by the lessor, the difference between the total amount for which the lease obligates the consumer during the period of the lease term remaining after the early termination and the present value of the consumer's remaining obligation under the lease as of the date of the early termination.
(7) "Express warranty" means an express warranty under section 42a-2-313 that is applicable to an assistive technology device.
(8) "Lessor" means any person who leases an assistive technology device to consumers or who possesses a lessor's rights under a written lease for an assistive technology device.
(9) "Manufacturer" means any person who manufactures or assembles assistive technology devices, and any agent of such person, including importers, distributors, factory branches, distributor branches and warrantors of such person's assistive technology devices, but does not include a dealer, a lessor or any person whose activity consists solely of referring consumers to a dealer, a lessor or any person described in this subdivision.
(10) "Nonconformity" means a condition, malfunction or defect that substantially impairs the use, value or safety of an assistive technology device or that is covered by an express warranty applicable to an assistive technology device, but does not include a condition or defect that is the result of abuse, neglect or unauthorized modification or alteration of the assistive technology device.
[(11) "Person with a disability" has the same meaning as set forth in section 46a-8. ]
Sec. 40. Subdivision (1) of subsection (e) of section 8-23 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(e) (1) Such plan of conservation and development shall (A) be a statement of policies, goals and standards for the physical and economic development of the municipality, (B) provide for a system of principal thoroughfares, parkways, bridges, streets, sidewalks, multipurpose trails and other public ways as appropriate, (C) be designed to promote, with the greatest efficiency and economy, the coordinated development of the municipality and the general welfare and prosperity of its people and identify areas where it is feasible and prudent (i) to have compact, transit accessible, pedestrian-oriented mixed use development patterns and land reuse, and (ii) to promote such development patterns and land reuse, (D) recommend the most desirable use of land within the municipality for residential, recreational, commercial, industrial, conservation, agricultural and other purposes and include a map showing such proposed land uses, (E) recommend the most desirable density of population in the several parts of the municipality, (F) note any inconsistencies with the following growth management principles: (i) Redevelopment and revitalization of commercial centers and areas of mixed land uses with existing or planned physical infrastructure; (ii) expansion of housing opportunities and design choices to accommodate a variety of household types and needs; (iii) concentration of development around transportation nodes and along major transportation corridors to support the viability of transportation options and land reuse; (iv) conservation and restoration of the natural environment, cultural and historical resources and existing farmlands; (v) protection of environmental assets critical to public health and safety; and (vi) integration of planning across all levels of government to address issues on a local, regional and state-wide basis, (G) make provision for the development of housing opportunities, including opportunities for multifamily dwellings, consistent with soil types, terrain and infrastructure capacity, for all residents of the municipality and the planning region in which the municipality is located, as designated by the Secretary of the Office of Policy and Management under section 16a-4a, (H) promote housing choice and economic diversity in housing, including housing for both low and moderate income households, and encourage the development of housing which will meet the housing needs identified in the state's consolidated plan for housing and community development prepared pursuant to section 8-37t and in the housing component and the other components of the state plan of conservation and development prepared pursuant to chapter 297, and (I) consider allowing older adults and persons with a disability the ability to live in their homes and communities whenever possible. Such plan may: (i) Permit home sharing in single-family zones between up to four adult persons of any age with a disability or who are sixty years of age or older, whether or not related, who receive supportive services in the home; (ii) allow accessory apartments for persons with a disability or persons sixty years of age or older, or their caregivers, in all residential zones, subject to municipal zoning regulations concerning design and long-term use of the principal property after it is no longer in use by such persons; and (iii) expand the definition of "family" in single-family zones to allow for accessory apartments for persons sixty years of age or older, persons with a disability or their caregivers. In preparing such plan the commission shall consider focusing development and revitalization in areas with existing or planned physical infrastructure. [For purposes of this subsection, "disability" has the same meaning as provided in section 46a-8. ]
Sec. 41. Section 46a-10b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(a) Not later than October 1, 2016, the Office of Policy and Management shall issue a request for information from nonprofit entities concerning the ability of such entities to serve as the Connecticut protection and advocacy system to provide advocacy services, including, but not limited to, a client assistance program for people with disabilities, which system shall be in compliance with all federal laws setting forth protection and advocacy system requirements, including, but not limited to, 42 USC 15041 to 15045, inclusive, as amended from time to time, and all federal laws setting forth client assistance program requirements, including, but not limited to, 29 USC 732, as amended from time to time.
[(b) Not later than November 1, 2016, the Office of Protection and Advocacy for Persons with Disabilities, established under section 46a-10, in consultation with the Board of Protection and Advocacy for Persons with Disabilities, established under section 46a-9, shall submit a plan to the Secretary of the Office of Policy and Management that (1) is consistent with state and federal law, (2) contains provisions for the effective transfer, not later than July 1, 2017, of the protection and advocacy and client assistance program functions of said office to a nonprofit entity, and (3) includes, but is not limited to, any proposed legislative changes. ]
[(c)] (b) Notwithstanding the provisions of sections 4-212 to 4-219, inclusive, subdivision (21) of section 4e-1, and chapter 62a, not later than July 1, 2017, the Governor shall designate a nonprofit entity to serve as the Connecticut protection and advocacy system.
[(d)] (c) Notwithstanding the provisions of section 4e-16 and chapter 62a, prior to its abolishment under section 46a-10c on July 1, 2017, the Office of Protection and Advocacy for Persons with Disabilities, with the approval of the Office of Policy and Management, may contract with one or more nonstate entities to perform any functions that said office is permitted or required to perform, except those relating to investigations conducted pursuant to sections 46a-11a to 46a-11f, inclusive.
[(e)] (d) Nothing in chapter 10 shall prohibit any member of the Board of Advocacy and Protection for Persons with Disabilities or any employee of the Office of Protection and Advocacy for Persons with Disabilities from serving on the board of the Connecticut protection and advocacy system or working as an employee of such system, provided no state employee is employed by such system while employed by the state.
(e) The nonprofit entity designated by the Governor in accordance with this section to serve as the Connecticut protection and advocacy system shall report to the Governor not later than July 1, 2018, and thereafter annually on or before January first, and at any other time upon request of the Governor, concerning the status of services for persons with disabilities, the operation of the nonprofit entity and administrative and legislative recommendations concerning the protection of the rights and welfare of persons with disabilities living in Connecticut.
Sec. 42. Subsection (h) of section 17a-238 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(h) Any person applying for services from the Commissioner of Developmental Services or any person placed by a probate court under the direction of the Commissioner of Developmental Services, and such person's parents or guardian, shall be informed orally and in writing at the time of application or placement of the rights guaranteed by this section. [and the provisions of subdivision (5) of section 46a-11. ] A summary of such rights shall be posted conspicuously in the public areas of every public or private facility providing services to persons under the care of the Commissioner of Developmental Services.
Sec. 43. (NEW) (Effective from passage) (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 of the general statutes, as amended by this act, 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.
Sec. 44. Sections 29-269a, 46a-8, 46a-9, 46a-10, 46a-11, 46a-12 and 46a-13 of the general statutes are repealed. (Effective July 1, 2017)