Section 17a-NEW - [Newly enacted section not yet numbered] Transfer of persons with intellectual disability(a) The Commissioner of Developmental Services may transfer a person with intellectual disability who receives residential care services from one public or state-supported private residential facility to another when necessary and desirable for such person's welfare, provided such person and such person's legal representative receive written notice of their right to object to such transfer not less than ten days prior to the proposed transfer of such person from any such residential facility. Such prior notice shall not be required when transfers are made between residential units within the Southbury Training School or a regional center. The notice required by this subsection shall provide such person and such person's legal representative with information regarding the person's right to object to such transfer, except in the case of an emergency transfer or a transfer for a medical reason as provided in this subsection, and shall include the name, address and telephone number of the nonprofit entity designated by the Governor in accordance with section 46a-10b of the general statutes to serve as the Connecticut protection and advocacy system. In the event of an objection to the proposed transfer, the commissioner shall conduct a hearing in accordance with subsection (b) of this section and the transfer shall be stayed pending final disposition of the hearing, provided no such hearing shall be required if the commissioner withdraws such proposed transfer. In the event of an emergency transfer or a transfer for a medical reason, notification to such person or such person's legal representative shall be given not later than ten days following the emergency transfer or the transfer for a medical reason. Such notification shall include information regarding the person's right to request a hearing in accordance with subsection (b) of this section.(b) Any person with intellectual disability who is eighteen years of age or older and who resides at any residential facility operated by the Department of Developmental Services, or the legal representative of any person with intellectual disability who resides at any such residential facility, may object to any proposed transfer, emergency transfer or transfer for a medical reason of such person from one residential facility to another for any reason or may request such a transfer. In the event of any such objection or request, the commissioner shall conduct a hearing on such transfer, provided no such hearing shall be required if the commissioner withdraws such transfer proposal. In any such transfer hearing, the proponent of a transfer shall have the burden of showing, by clear and convincing evidence, that the transfer is in the best interest of the resident who is being considered for transfer or has been transferred and that the residential facility and programs to which transfer is proposed or has been made (1) are safe and effectively supervised and monitored, and (2) provide a greater opportunity for personal development than the setting in which the resident presently resides. Such hearing shall be conducted in accordance with the provisions of chapter 54 of the general statutes.(c) The commissioner may temporarily transfer any person residing in a Department of Developmental Services public or state-supported private residential facility if the commissioner determines there is an emergency that exists in the residential facility that must be remedied immediately, including, but not limited to, the residential facility is rendered uninhabitable due to a natural disaster or utility malfunction or the existence of temporary concerns relating to the residential facility's staff's ability to meet the needs of the individual residing there. The temporary transfer shall remain in place for a period of not more than ninety days or until rescinded by the commissioner, whichever is earlier. The commissioner shall provide any person who is being temporarily transferred and such person's legal representative, if any, with written notice of the temporary transfer as soon as practicable, but not more than ten days after the date of the temporary transfer. A person's right to object to a temporary transfer and right to request a hearing pursuant to subsection (b) of this section shall be stayed until the thirtieth day of the temporary transfer. If a hearing is requested, such hearing shall be conducted in accordance with subsection (b) of this section.(d) During a public health emergency declared pursuant to section 19a-131a of the general statutes, the commissioner may request the Governor to issue an executive order to allow the commissioner to temporarily transfer any person residing in a Department of Developmental Services public or state-supported private residential facility to protect that person's health or safety. If the Governor issues such executive order, the commissioner may make temporary transfers as deemed necessary. The temporary transfer shall remain in place until rescinded by the commissioner or until the expiration of the executive order, whichever is earlier. The commissioner shall provide any person who is being temporarily transferred and that person's legal representative, if any, with written notice of the temporary transfer as soon as practicable, but not more than ten days after the date of the temporary transfer. A person's right to object to a temporary transfer and right to request a hearing pursuant to subsection (b) of this section shall be stayed until the thirtieth day of the temporary transfer. If a hearing is requested, such hearing shall be conducted in accordance with subsection (b) of this section.Conn. Gen. Stat. § 17a-NEW
Added by P.A. 24-0122,S. 8 of the Connecticut Acts of the 2024 Regular Session, eff. 7/1/2024.