State Codes and Statutes

Statutes > Connecticut > Title17a > Chap319c > Sec17a-277

      Sec. 17a-277. (Formerly Sec. 19a-451). Placement in boarding homes, group homes or other residential facilities of mentally retarded persons. The director of any state training school, regional facility or other facility for the care and training of persons with mental retardation may place any resident with mental retardation committed or admitted to such training school, regional facility or other facility provided for the care and training of persons with mental retardation, under the provisions of sections 17a-210 to 17a-247, inclusive, and 17a-273, in a private boarding home, group home or other residential facility to be cared for in accordance with the following conditions:

      (1) Such resident shall, despite such transfer, remain subject to the control of the director of such training school, regional facility or other facility provided for the care and training of persons with mental retardation and the director may, at any time, order and provide for the return of any such resident to such training school, regional facility or other facility provided for the care and training of persons with mental retardation, subject to any limitations of the term of commitment contained in the order of commitment under which such resident was committed;

      (2) When the transfer of any such resident has been authorized or when, having been transferred to a private boarding home, group home or other residential facility for persons with mental retardation, such resident has been returned to the training school, regional facility or other facility, the director of such training school, regional facility or other facility shall forthwith so notify the Commissioner of Developmental Services;

      (3) Such private boarding home, group home or other residential facility shall be licensed by the Department of Developmental Services, the Department of Children and Families or the Department of Public Health under such regulations as the departments adopt, in accordance with chapter 54; and

      (4) The Commissioner of Developmental Services shall, upon request, be given access to the complete record of any resident placed in a private boarding home, group home or other residential facility pursuant to this section.

      (1949 Rev., S. 2684; 1955, S. 1511d; 1959, P.A. 183; 1961, P.A. 489, S. 4; 517, S. 17; P.A. 76-153, S. 6; P.A. 82-10; P.A. 83-59; P.A. 86-41, S. 5, 11; P.A. 93-91, S. 1, 2; 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 01-195, S. 134, 181; P.A. 07-73, S. 2(a), (b).)

      History: 1959 act deleted former Subsec. (b) which required notice to welfare commissioner of transfer or return; 1961 acts substituted the mentally retarded or epileptic for mental deficients, added requirement for notice to deputy commissioner on mental retardation and substituted council on mental retardation for joint committee of state training schools in Subdiv. (c); P.A. 76-153 included references to regional centers, group homes and other facilities "provided for the care and training of the mentally retarded", removed epileptic persons from purview of section, replaced deputy commissioner of mental retardation with commissioner of mental retardation, reflecting creation of independent department and transferred regulation power from public health council and council on mental retardation to department of mental retardation; Sec. 17-174 transferred to Sec. 19-569h in 1977; P.A. 82-10 amended Subdiv. (c) to clarify that residential facilities for the mentally retarded may be licensed by the departments of children and youth services or health services, as well as the department of mental retardation; Sec. 19-569h transferred to Sec. 19a-451 in 1983; P.A. 83-59 replaced alphabetic Subdiv. indicators with numeric indicators and added Subdiv. (4) to give the commissioner access to the records of persons placed in private residential facilities for the mentally retarded; P.A. 86-41 substituted "director" for "superintendent" and regional "facility" for regional "center" where appearing; Sec. 19a-451 transferred to Sec. 17a-277 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 01-195 made technical changes, effective July 11, 2001; pursuant to P.A. 07-73 "Commissioner of Mental Retardation" and "Department of Mental Retardation" were changed editorially by the Revisors to "Commissioner of Developmental Services" and "Department of Developmental Services", effective October 1, 2007.

      Annotation to former section 19-569h:

      Cited. 31 CS 197.