reglab/statecodes huggingface dataset:
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 230 - Funding Program for Privately Operated Community Residences for Mentally Retarded Persons › Section 17a-230-13 - Transfers

Current through July 10, 2024
(a) The department shall initiate the
			 transfer of a client when it is determined that a client is (1) reauthorized at
			 a level of care that is not being provided in the client's present private
			 residential facility, or (2) found to be ineligible for
			 reauthorization.
(b) When the
			 department has found an appropriate placement for transfer, notice of the
			 transfer shall be provided at least fifteen days preceeding the date on which
			 transfer is to occur, to the individual or his representative and all other
			 involved parties.
(c) Funding shall
			 continue until the transfer takes place. No individual shall be transferred
			 while awaiting a determination.
(d)
			 The department shall not fund any individual who (1) has exhausted his right of
			 appeal under Section 14, and (2) has been given proper notice of transfer and
			 refuses the transfer.
(e) When a
			 transfer is initiated by a private residential facility, funding for that
			 client shall continue if prior approval is obtained from the
			 department.
(f) In the event of an
			 emergency placement of a previously unfunded client into a private residential
			 facility authorized for funding according to Section 2 of these regulations,
			 written notice shall be provided to the department agency of the region in
			 which the private residential facility is located within seven days after the
			 emergency placement. It shall be the responsibility of the private provider to
			 refer the client to the appropriate regional eligibility team to determine his
			 eligiblity for funding according to Section 7 of these regulations. All
			 provisions of these regulations regarding appeals, reauthorization and
			 transfers shall apply to individuals placed on an emergency basis under this
			 subsection.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 230 - Funding Program for Privately Operated Community Residences for Mentally Retarded Persons › Section 17a-230-14 - Hearings and reviews

Current through July 10, 2024
(a) Case Review, as
			 defined in these regulations:
(1) Shall be
			 offered to persons:
(A) who have been denied
			 initial eligibility for authorization under Section 7,
(B) who dispute the level of care that was
			 initially assigned to them by the regional eligibility team, or
(C) who have been denied admission by a
			 private residential facility.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 230 - Funding Program for Privately Operated Community Residences for Mentally Retarded Persons › Section 17a-230-15 - Respite

Current through July 10, 2024
(a) Any private provider applying for funding
			 from the department may request that one or more of the beds to be developed be
			 designated as a respite bed.
(b)
			 The department may at the time of approval for funding under Section 2 (b)
			 authorize the private provider's request to establish a respite bed.
(c) Clients entering respite beds and
			 requesting funding shall be previously determined eligible for respite by the
			 regional eligibility team under Section 7 (f).
(d) For the purposes of funding, respite
			 authorizations shall not be according to level of care
			 determinations.
(e) Payment made to
			 the provider shall be at a rate established by the department of income
			 maintenance.
(f) For the purposes
			 of rate setting, the utilization of the bed shall only be counted when a client
			 occupies the bed.
(g) Payment for
			 an authorized respite client shall be no more than 30 consecutive days and no
			 more than a total of 90 days per year.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 238 - Rights of Persons Under the Supervision of the Commissioner of Mental Retardation › Section 17a-238-3 - Emergency procedures

Current through July 10, 2024
(a) Staff shall not
			 use restraint or force upon a person except as an emergency intervention or as
			 an integral part of an individual program plan.
(b) Physical restraint shall be employed only
			 when absolutely necessary to protect clients from injury to themselves or to
			 others. Restraint shall not be employed as a punitive measure, for the
			 convenience of staff, or as a substitute for program in accordance with Sec.
			 249.13 (b) (1) (xi) (A) through (E) of the Federal ICF/MR Standards.
(c) Force shall be employed only when
			 absolutely necessary and only to the extent essential to protect clients from
			 injury to themselves or to others. Force shall not be employed as a punitive
			 measure for the convenience of staff, or as a substitute for program.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 238 - Rights of Persons Under the Supervision of the Commissioner of Mental Retardation › Section 17a-238-4 - Seclusion

Current through July 10, 2024
(a) Staff shall not use seclusion, in
			 accordance with Sec. 249.13 (b) (1) (x) of the Federal ICF/MR
			 Standards.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 238 - Rights of Persons Under the Supervision of the Commissioner of Mental Retardation › Section 17a-238-5 - Chemical restraint

Current through July 10, 2024
(a) Chemical
			 restraints shall not be used as a punitive measure, for convenience of staff,
			 as a substitute for program, or in quantities that interfere with a client's
			 habilitation program in accordance with Sec. 249.13 (b) (1) (xii) of the
			 Federal ICF/MR Standards.
(b) The
			 use of chemical restraints shall be authorized in writing by a licensed
			 physician for accepted therapeutic reasons and for a specified period of time
			 as an integral part of the client's habilitation program.
(c) The written authorization for chemical
			 restraints shall specify the behavior to be controlled or limited and the data
			 that are to be collected in order to assess progress toward the treatment
			 goal.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 238 - Rights of Persons Under the Supervision of the Commissioner of Mental Retardation › Section 17a-238-6 - Use of therapies

Current through July 10, 2024
(a) Staff shall
			 utilize therapy procedures only when indicated by a client's habilitation
			 program.
(b) The client's
			 habilitation program shall indicate which therapies shall be used.
(c) Therapy programs shall be designed and
			 supervised by staff who are qualified mental retardation professionals in
			 accordance with Sec. 249.13 (h) (iii) of the Federal ICF/MR Standards, within
			 their respective areas of professional competence.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 238 - Rights of Persons Under the Supervision of the Commissioner of Mental Retardation › Approval Procedures for use of Adversives for Persons Placed or Treated Under the Supervision of the Department of Mental Retardation › Section 17a-238-7 - Preamble

Current through July 10, 2024
Notwithstanding any general statutes or regulations to the
				  contrary, Sections 17a-238-7 to
				  17a-238-13,
				  inclusive, establish comprehensive procedures for the development and review of
				  behavioral support plans or courses of treatment, for persons placed or treated
				  under the direction of the commissioner, which include the use of aversive
				  procedures in accordance with subsection (b) of section
				  17a-238
				  of the Connecticut General Statutes. In establishing these procedural
				  safeguards the department affirms its commitment to positive behavioral
				  supports and therefore demands rigorous adherence to these procedures whenever
				  programs and plans are proposed which include the use of aversive
				  procedures.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 238 - Rights of Persons Under the Supervision of the Commissioner of Mental Retardation › Approval Procedures for use of Adversives for Persons Placed or Treated Under the Supervision of the Department of Mental Retardation › Section 17a-238-8 - Definitions

Current through July 10, 2024
For purposes of Sections
				  17a-238-7 thru
				  17a-238-13 the following definitions shall apply:
(1) "Aversive device" means an instrument
				used to administer an electrical shock or other noxious stimulus to an
				individual to modify undesirable behaviors.
(2) "Aversive procedure" means the contingent
				use of an event which may be unpleasant, noxious or otherwise cause discomfort
				to (1) alter the occurrence of a specific behavior or to (2) protect an
				individual from injuring himself or others and may include the use of physical
				isolation and mechanical and physical restraint.
(3) "Behavioral support plan" means a written
				document developed to address an individual's behaviors which interfere with
				the implementation of the goals and objectives in the individual's annual plan.
				If the use of aversive procedures to protect the individual from harming
				himself or others is reasonably anticipated to be needed, these specific
				procedures shall be included in the plan.
(4) "Commissioner" means the commissioner of
				mental retardation.
(5)
				"Department" means the department of mental retardation.
(6) "Emergency" means the demonstration of a
				serious behavioral problem which may adversely affect the health or safety of
				the individual or others and for which a behavioral support plan has not been
				developed or approved; or for which a previously designed behavioral support
				plan is not effective.
(7)
				"Functional analysis" means the systematic assessment of an individual's
				behavior that yields:
(1) an operational
				description of the undesirable behaviors;
(2) the ability to predict the times and
				situations in which the undesirable behavior will occur across the full range
				of typical daily routines;
(3) a
				definition of the function the undesirable behavior produces for the
				individual;
(4) an understanding of
				the environmental, interpersonal, and other ecological factors that shall be
				considered in order to develop an effective positive programmatic response to
				the behavior.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 238 - Rights of Persons Under the Supervision of the Commissioner of Mental Retardation › Approval Procedures for use of Adversives for Persons Placed or Treated Under the Supervision of the Department of Mental Retardation › Section 17a-238-9 - Prohibitions

Current through July 10, 2024
(a) No behavioral support plan or course of
				treatment for any person placed or treated under the direction of the
				commissioner shall include the use of an aversive device which has not been
				tested for safety and efficacy and approved by the Federal Food and Drug
				Administration.
(b) No behavioral
				support plan or course of treatment prescribed for any person placed or treated
				under the direction of the commissioner shall include the use of aversive
				procedures except in accordance with Sections
				17a-238-10
				and
				17a-238-11
				of these regulations.
(c) No
				training curriculum for the use of aversive procedures, physical restraint
				procedure, mechanical restraint apparatus or certain forms of physical
				isolation which are not presently approved by the department may be used for
				any person placed or treated under the direction of the commissioner without
				prior approval in accordance with Section
				17a-238-13
				of these regulations.
(d) The use
				of a room specifically designed for physical isolation and the use of a locked
				door for any physical isolation are prohibited.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 238 - Rights of Persons Under the Supervision of the Commissioner of Mental Retardation › Approval Procedures for use of Adversives for Persons Placed or Treated Under the Supervision of the Department of Mental Retardation › Section 17a-238-10 - Approval process for behavioral support plans which include aversive procedures

Current through July 10, 2024
Aversive procedures shall be reviewed and approved as
				  follows:
(a) The interdisciplinary
				team shall identify the need for a behavioral support plan.
(b) Staff with appropriate training and
				experience in positive behavioral supports shall be assigned to design and
				implement the plan. All plans shall include and emphasize components designed
				to increase positive behaviors and be based on a completed functional
				analysis.
(c) The functional
				analysis shall be:
(1) conducted by, or under
				the supervision of a person who has documented training in behavior analysis
				with an emphasis on positive behavioral support; and
(2) based on direct observation of the
				individual, interviews with significant others, and review of available data
				such as assessment reports prepared by other professionals.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 238 - Rights of Persons Under the Supervision of the Commissioner of Mental Retardation › Approval Procedures for use of Adversives for Persons Placed or Treated Under the Supervision of the Department of Mental Retardation › Section 17a-238-11 - Emergency use of physical or mechanical restraint

Current through July 10, 2024
(a) Physical or mechanical restraint may be
				employed when an emergency exists in which a person placed or treated under the
				direction of the commissioner is in jeopardy of harming himself or others and
				approved individual programs are ineffective to control the
				situation.
(b) Nonaversive measures
				shall be attempted first to prevent escalation of the emergency. If such
				measures are ineffective, emergency use of physical or mechanical restraint may
				be necessary. No aversive procedure other than physical or mechanical restraint
				may be employed in an emergency.
(c) Each organization operated, licensed or
				funded by the department shall establish general written procedures to be used
				in emergencies. These procedures shall designate supervisory or professional
				staff who may authorize the use of physical or mechanical restraint in an
				emergency and shall identify the techniques, devices and equipment which may be
				used.
(d) A member of the program
				review committee shall be notified not later than the next working day and
				shall monitor any continuing use of physical or mechanical restraint until a
				program is formally approved and commences. Documentation of monitoring shall
				be maintained in the individual's record.
(e) Whenever physical or mechanical restraint
				is employed during an emergency, supervisory or professional staff shall
				examine the individual within twenty-four (24) hours and report any evidence of
				trauma or injury to the nurse or physician and to the regional or training
				school director.
(f) The
				interdisciplinary team, including the physician, shall, within three (3)
				working days of the use of emergency physical or mechanical restraint, review
				the individual and his environment to determine if changes are required in his
				program including the continued use of physical or mechanical restraint or if
				other behavioral supports should be considered. The interdisciplinary team
				shall initiate design of a behavioral support plan and the approval process set
				forth in Section
				17a-238-10
				of these regulations within five (5) days of the interdisciplinary team review,
				if:
(1) the interdisciplinary team determines
				that the continued use of physical or mechanical restraint is necessary;
				or
(2) the interdisciplinary team
				proposes the use of other aversive procedures; or
(3) physical or mechanical restraint is used
				on an emergency basis three (3) or more times in a thirty (30) day period;
				or
(4) physical or mechanical
				restraint is used one or more times in three (3) consecutive thirty day (30)
				day periods.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 238 - Rights of Persons Under the Supervision of the Commissioner of Mental Retardation › Approval Procedures for use of Adversives for Persons Placed or Treated Under the Supervision of the Department of Mental Retardation › Section 17a-238-12 - Department approved aversive procedures

Current through July 10, 2024
(a) The
				implementation of the following department approved procedures shall be in
				accordance with Sections
				17a-238-10
				and
				17a-238-11
				of these regulations:
(1) The department's
				staff development division maintains a listing of currently approved training
				curricula in the use of aversive and physical restraint procedures.
(2) The department's staff development
				division maintains a listing of restraint apparatus approved by the
				department.
(3) The use of forms of
				physical isolation which are aversive, but not otherwise prohibited by these
				regulations, (e.g., the individual is prevented from leaving the area or room;
				or criteria are placed on the ending of isolation) are permitted by the
				department subject to the approval process set forth in Section
				17a-238-10
				of these regulations.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 238 - Rights of Persons Under the Supervision of the Commissioner of Mental Retardation › Approval Procedures for use of Adversives for Persons Placed or Treated Under the Supervision of the Department of Mental Retardation › Section 17a-238-13 - Approval process for training curricula, physical restraint procedures, restraint apparatus and forms of physical isolation

Current through July 10, 2024
(a) Any proposals for the use of new training
				curricula, physical restraint procedures, restraint apparatus or forms of
				physical isolation not previously approved by the department shall be submitted
				in writing to the commissioner for review and approval.
(b) The commissioner shall appoint a
				committee of not more than five members all of whom shall be familiar with the
				department approved aversive procedures, two of whom shall be members of
				regional program review and human rights committees, and one who shall be a
				certified trainer in department approved procedures.
(c) The committee shall compare the proposal
				to those which are currently approved by the department and make a
				recommendation to the commissioner.
(d) The commissioner shall approve or
				disapprove the proposal based on the committee's recommendation. If the
				commissioner decides to approve a proposal over the committee's recommendation
				to disapprove, the reason for the approval shall be documented by the
				commissioner and sent to members of the committee.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 244 - Unified School District #3 › Section 17a-244-1 - Definitions (Repealed)

Current through July 10, 2024
For 2014 repeal, see
				  Sec.
				  54 of
				  Public
				  Act 14-187. (June 11,
				  2014)
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 244 - Unified School District #3 › Section 17a-244-2 - Eligibility (Repealed)

Current through July 10, 2024
For 2014 repeal, see
				  Sec.
				  54 of
				  Public
				  Act 14-187. (June 11,
				  2014)
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 244 - Unified School District #3 › Section 17a-244-3 - Compliance (Repealed)

Current through July 10, 2024
For 2014 repeal, see
				  Sec.
				  54 of
				  Public
				  Act 14-187. (June 11,
				  2014)
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 244 - Unified School District #3 › Section 17a-244-4 - Responsibility (Repealed)

Current through July 10, 2024
For 2014 repeal, see
				  Sec.
				  54 of
				  Public
				  Act 14-187. (June 11,
				  2014)
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 244 - Unified School District #3 › Section 17a-244-5 - Provision of services (Repealed)

Current through July 10, 2024
For 2014 repeal, see
				  Sec.
				  54 of
				  Public
				  Act 14-187. (June 11,
				  2014)
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 244 - Unified School District #3 › Section 17a-244-6 - Administrative review (Repealed)

Current through July 10, 2024
For 2014 repeal, see
				  Sec.
				  54 of
				  Public
				  Act 14-187. (June 11,
				  2014)
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 244 - Unified School District #3 › Section 17a-244-7 - Prioritization of services (Repealed)

Current through July 10, 2024
For 2014 repeal, see
				  Sec.
				  54 of
				  Public
				  Act 14-187. (June 11,
				  2014)
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 244 - Unified School District #3 › Section 17a-244-8 - Staffing (Repealed)

Current through July 10, 2024
For 2014 repeal, see
				  Sec.
				  54 of
				  Public
				  Act 14-187. (June 11,
				  2014)
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 247e - Abuse and Neglect Registry › Section 17a-247e-1 - Definitions

Current through July 10, 2024
As used in Sections 17a-247e-1 to
				17a-247e-9,
				inclusive, of the Regulations of Connecticut State Agencies, the following
				definitions shall apply:
(1) "Legal
			 proceeding" means any action or course of action authorized by law.k
(2) "Party" means each person (A) whose legal
			 rights, duties or privileges are required by statute to be determined by an
			 agency proceeding and who is named or admitted as a party, (B) who is required
			 by law to be a party in an agency proceeding or (C) who is granted status as a
			 party under subsection
			 4-177a
			 of the Connecticut General Statutes.
(3) "Separated from employment" means that in
			 lieu of or prior to being terminated from employment for abuse or neglect that
			 is later substantiated, an employee resigns, abandons or otherwise leaves
			 employment.
(4) "Terminated from
			 employment" means discharge from employment for abuse or neglect.
(5) "Neglect" means the failure by an
			 employee, through action or inaction, to provide a department client with the
			 services necessary to maintain such client's physical and mental health and
			 safety.
(6) "Failure by an
			 employee" means the violation of a duty known to an employee, through action or
			 inaction, which places a department client's physical and mental health and
			 safety in jeopardy.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 247e - Abuse and Neglect Registry › Section 17a-247e-2 - Substantiation of abuse or neglect by authorized agencies

Current through July 10, 2024
For the purposes of Sections
				17a-247e-1 to
				17a-247e-9,
				inclusive, of the Regulations of Connecticut State Agencies, the following are
				authorized to substantiate abuse or neglect:
(a) Office of Protection and Advocacy for
			 Persons with Disabilities pursuant to Sec.
			 46a-11a
			 through Sec.
			 46a-13a,
			 inclusive, of the Connecticut General Statutes;
(b) Commissioner of the Department of Mental
			 Retardation pursuant to Sec.
			 17a-210(a),
			 of the Connecticut General Statutes;
(c) Department of Children and Families
			 pursuant to Sec.
			 17a-101,
			 of the Connecticut General Statutes;
(d) Department of Social Services pursuant to
			 Sec.
			 17b-450,
			 of the Connecticut General Statutes; and
(e) Any other agency authorized in accordance
			 with the Connecticut General Statutes to conduct abuse and neglect
			 investigations and responsible for issuing or carrying out protective services
			 for persons with mental retardation.
(f) Substantiation of the allegation(s) of
			 abuse or neglect for purposes of subdivision (11) of Section
			 17a-247a of the
			 Connecticut General Statutes by an authorized agency requires the following:
(1) that the authorized agency conduct an
			 independent investigation into the allegation(s) of abuse or neglect reported
			 in accordance with Section
			 46a-11b
			 of the Connecticut General Statutes; or
(2) that the authorized agency independently
			 monitor and evaluate the merits and adequacy of the investigation conducted by
			 or on behalf of the employer or other investigative authority by (A) confirming
			 the accuracy of witness statements, (B) confirming the sources, documentation
			 and evidence relied upon in the investigation, and (C) conducting such
			 supervision and review activities as may be sufficient, in the exercise of
			 professional judgment by an investigator employed by the authorized agency and
			 trained by the State of Connecticut, to confirm that the finding(s) are
			 supported by a preponderance of the evidence;
(3) Following the completion of the
			 procedures set forth in subdivisions (1) or (2) of this subsection, an
			 authorized agency shall issue a written report or statement articulating:
(A) the allegation(s) of abuse or neglect
			 which are substantiated in accordance with the definitions set forth in Section
			 17a-247a of the
			 Connecticut General Statutes;
(B)
			 a description of the procedures, as set forth in this section, used by the
			 authorized agency in determining that the allegation(s) of abuse or neglect are
			 substantiated; and
(C) specific
			 reference to the evidence upon which the authorized agency relied in
			 substantiating the allegation(s) of abuse or neglect.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 247e - Abuse and Neglect Registry › Section 17a-247e-3 - Contents of registry

Current through July 10, 2024
The registry shall include, but not be limited to the:
(a) names, addresses and Social Security
			 numbers of those individuals terminated or separated from employment as a
			 result of substantiated abuse or neglect;
(b) date of termination or
			 separation;
(c) type of abuse or
			 neglect; and
(d) the name of any
			 employer or authorized agency requesting information from the registry, the
			 reason for the request and the date of the request.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 247e - Abuse and Neglect Registry › Section 17a-247e-4 - Availability of information on the registry

Current through July 10, 2024
(a) Inquiries
			 regarding the registry shall be made on forms provided by the department and
			 shall be sent by mail or facsimile.
(b) Information identified in Section
			 17a-247e-3
			 of the Regulations of Connecticut State agencies shall be available only to:
(1) authorized agencies for the purpose of
			 protective services determination; or
(2) employers who employ individuals to
			 provide services to a department client for purposes of employment
			 decisions.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 247e - Abuse and Neglect Registry › Section 17a-247e-5 - Employer notification responsibilities

Current through July 10, 2024
(a) Not later
			 than five business days following receipt of written notification by an
			 authorized agency of the substantiation of abuse or neglect by an employee who
			 has been terminated or separated from employment for such abuse or neglect, an
			 employer shall submit to the department the name of such employee and such
			 other information as the department may request.
(b) Notification of the Department of Mental
			 Retardation shall be on forms provided by the department and include:
(1) documentation that the employee was
			 terminated or separated from employment for abuse or neglect; and
(2) documentation of the substantiation of
			 abuse or neglect by an authorized agency.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 247e - Abuse and Neglect Registry › Section 17a-247e-6 - Employer hiring and retention practices

Current through July 10, 2024
(a) Prior to
			 hiring any individual, employers shall inquire as to whether the individual's
			 name appears on the registry. The department shall respond by facsimile or
			 phone to such inquiry within two (2) business days.
(b) No employer shall hire an individual who
			 is listed on the registry.
(c) No
			 employer, after receiving notice that an individual is listed in the registry,
			 shall retain such individual as an employee.
(d) Employers shall notify the department of
			 any employee for whom, as a result of an arbitration or a legal proceeding
			 there is a finding that the employee was unfairly terminated from employment.
			 Such notice shall be made within five (5) business days of the employer's
			 receipt of notification of the final disposition of such proceedings.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 247e - Abuse and Neglect Registry › Section 17a-247e-7 - Responsibilities of the department

Current through July 10, 2024
(a) The department
			 shall establish and maintain a registry of employees who have been terminated
			 or separated from employment for substantiated abuse or neglect.
(b) The registry and information contained
			 therein is confidential and not subject to disclosure under the provisions of
			 Section
			 1-210
			 of the Connecticut General Statutes. Information in the registry may only be
			 released pursuant to a bona fide registry inquiry or as otherwise authorized by
			 Section
			 17a-247d
			 of the Connecticut General Statutes.
(c) The department shall make all forms
			 identified in Sections
			 17a-247e-1 to
			 17a-247e-9,
			 inclusive, of the Regulations of Connecticut State Agencies available to
			 employers.
(d) The department shall
			 conduct administrative hearings, in accordance with Sections
			 4-177
			 to
			 4-181a,
			 inclusive of the Connecticut General Statutes governing contested cases, before
			 placing any name upon the registry.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 247e - Abuse and Neglect Registry › Section 17a-247e-9 - Removing a name from the registry

Current through July 10, 2024
(a) The department
			 shall remove an employee's name from the registry upon receipt of notification
			 from an employer that an arbitration or a legal proceeding resulted in a
			 finding that the employee was unfairly terminated from employment.
(b) An employee whose name has been placed on
			 the registry may, not less than five (5) years after the placement of his name
			 on the registry for substantiated abuse, and not less than two (2) years after
			 the placement of his name on the registry for substantiated neglect, and not
			 more than once every two (2) years thereafter, request in writing to the
			 commissioner that his name be removed from the registry for good cause shown.
(1) In determining whether good cause exists
			 for removal of the employee's name from the registry, the commissioner shall
			 consider all relevant factors, including but not limited to:
(A) the nature of the substantiated abuse or
			 neglect which resulted in the employee's name being place on the registry;
(B) the length of time since the
			 incident(s) of substantiated abuse or neglect;
(C) the rehabilitation of the employee since
			 the incident(s) of substantiated abuse or neglect; and
(E) the likelihood that the employee will
			 commit future acts of abuse or neglect of persons with mental
			 retardation.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 248 - Early Intervention Services for Infants and Toddlers and Their Families › Section 17a-248-2 - Referrals

Current through July 10, 2024
(a) All referrals shall be made through a
			 single point of referral designated by the lead agency.
(b) Referrals made by an agency or by a
			 person other than a child's parent shall include sufficient information to
			 contact the child's parent. A child's parent shall give verbal consent before a
			 referral can be made to the birth-to-three system.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 248 - Early Intervention Services for Infants and Toddlers and Their Families › Section 17a-248-3 - Eligibility

Current through July 10, 2024
A child shall be eligible for the birth-to-three system, if the
				child is:
(1) experiencing a
			 significant developmental delay in one or more of the following areas:
(A) cognitive development;
(B) physical development, including vision or
			 hearing;
(C) communication
			 development;
(D) social or
			 emotional development;
(E) adaptive
			 skills; or
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 248 - Early Intervention Services for Infants and Toddlers and Their Families › Section 17a-248-4 - Surrogate parents

Current through July 10, 2024
(a) The program
			 shall protect the right of a parent to make decisions about the child's early
			 intervention services, unless (1) the child is committed to the care of the
			 Commissioner of Children and Families; (2) no parent can be identified; or (3)
			 the Department of Children and Families cannot, after reasonable efforts,
			 discover the whereabouts of a parent of the child.
(b) The director or the director's designee
			 shall determine whether a child requires a surrogate parent.
(c) The director or the director's designee
			 shall select a surrogate parent who is willing to serve in such capacity and
			 who:
(1) has no personal or professional
			 interest that conflicts with the interests of the child;
(2) has knowledge and skills that ensure
			 adequate representation of the child;
(3) is not an employee of any state
			 agency;
(4) is not a person or
			 employee of a person providing early intervention services to the child or to
			 any family member of the child; or
(5) is not an employee of an agency caring
			 for the child.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 248 - Early Intervention Services for Infants and Toddlers and Their Families › Section 17a-248-5 - Notice of parental rights

Current through July 10, 2024
(a) Upon the first
			 contact with the single point of referral for birth-to-three services, the lead
			 agency's contractor shall provide the parent notice of the rights and
			 entitlements afforded to parents and legal guardians under the birth-to-three
			 system. The notice shall include an explanation of a parent's right to consent
			 to or decline any early intervention service without jeopardizing any other
			 early intervention service available under the law.
(b) Prior to the initial IFSP meeting and not
			 less than annually thereafter, the program shall give the parent information
			 that summarizes a parent's rights under the birth-to-three system.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 248 - Early Intervention Services for Infants and Toddlers and Their Families › Section 17a-248-6 - Records

Current through July 10, 2024
(a) Personally identifiable information shall
			 be confidential and shall not be disclosed by any employee or contractor of the
			 lead agency or early intervention program except in accordance with the
			 provisions of
			 34 CFR
			 99.2 to
			 99.37,
			 inclusive.
(b) If a child's parent
			 and a child's program cannot agree on a request to amend the record of an
			 eligible child, the child's program shall (1) inform the parent in writing of
			 the program's decision, (2) inform the parent of a parent's right to place a
			 statement in the record reflecting his or her views about its contents, and (3)
			 inform the parent of the right to request, in writing, an administrative
			 proceeding in accordance with section
			 17a-248-9
			 of the Regulations of Connecticut State Agencies.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 248 - Early Intervention Services for Infants and Toddlers and Their Families › Section 17a-248-7 - Written notice

Current through July 10, 2024
(a) The agency
			 shall provide written notice to a parent of a child who is eligible or who may
			 be eligible to receive early intervention services not later than five (5) days
			 prior to the agency proposing or refusing to (1) initiate or change the
			 identification, evaluation, or placement of the child, or (2) provide
			 appropriate early intervention services to the child and the child's
			 family.
(b) The written notice
			 shall inform the parent about:
(1) the action
			 that is being proposed,
(2) the
			 reasons for taking the action, and
(3) all procedural safeguards that are
			 available pursuant to sections
			 17a-248-9
			 to
			 17a-248-10,
			 inclusive, of the Regulations of Connecticut State Agencies.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 248 - Early Intervention Services for Infants and Toddlers and Their Families › Section 17a-248-8 - Mediation procedures to resolve individual child complaints

Current through July 10, 2024
(a) A statewide mediation system shall be
			 available to ensure parents and programs may voluntarily access a
			 non-adversarial process for the resolution of complaints regarding the
			 provision of early intervention services.
(b) The decision of the parent not to
			 participate in mediation proceedings shall not prevent or delay the parent from
			 pursuing an administrative proceeding as provided by section
			 17a-248-9
			 of the Regulations of Connecticut State Agencies.
(c) The lead agency shall appoint a
			 qualified, impartial mediator upon written request from either a parent or a
			 program. An impartial mediator shall not be an employee of any public agency,
			 private agency or program involved in the provision of early intervention
			 services or care of the child for whom the mediation has been requested. An
			 impartial mediator shall not have a personal or professional interest that
			 conflicts with his or her objectivity in the mediation proceedings.
(d) Any parent requesting mediation has the
			 right to:
(1) withdraw at any time from
			 mediation;
(2) withdraw at any time
			 from mediation and request an administrative proceeding;
(3) have the mediation conducted at a
			 neutral, reasonably convenient site and at a reasonably convenient time;
			 and
(4) interpreter services or
			 alternative communication services, if any are needed.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 248 - Early Intervention Services for Infants and Toddlers and Their Families › Section 17a-248-9 - Administrative proceeding to resolve individual child complaints

Current through July 10, 2024
(a) The lead agency shall establish,
			 implement and maintain an administrative proceeding process for the resolution
			 of individual complaints regarding:
(1) the
			 evaluation, assessment and eligibility determination of a child;
(2) the development, review and
			 implementation of the IFSP; and
(3)
			 the parent's procedural rights and safeguards.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 248 - Early Intervention Services for Infants and Toddlers and Their Families › Section 17a-248-10 - System complaint resolution

Current through July 10, 2024
(a) Any person or
			 organization may file a written, signed complaint with the lead agency alleging
			 a violation of one or more requirements of the federal Early Intervention
			 Program for Infants and Toddlers with Disabilities or sections 17a-248-1 to
			 17a-248-14, inclusive, of the Regulations of Connecticut State Agencies by (1)
			 any agency that receives funds, by contract or otherwise, pursuant to the
			 Infants and Toddlers with Disabilities part of the federal Individuals with
			 Disabilities Education Act, or (2) other agencies that are involved in the
			 early intervention system. The complaint shall state the facts on which the
			 complaint is based.
(b) Not later
			 than sixty (60) days after the date of receipt of the complaint, the lead
			 agency shall:
(1) conduct an independent
			 on-site investigation, if it is determined by the lead agency that an on-site
			 investigation is necessary;
(2)
			 give the complainant the opportunity to submit additional information, either
			 orally or in writing, regarding the allegations in the complaint;
(3) review all relevant information and make
			 an independent determination as to whether the agency is violating a
			 requirement of the federal Early Intervention Program for Infants and Toddlers
			 with Disabilities or of sections
			 17a-248-1 to 17a-
			 248-14, inclusive, of the Regulations of Connecticut State Agencies;
			 and
(4) issue a written decision to
			 the complainant that addresses each allegation in the complaint and contains:
(A) findings of fact and conclusions;
			 and
(B) the reasons for the final
			 decision.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 248 - Early Intervention Services for Infants and Toddlers and Their Families › Section 17a-248-11 - Financial liability definitions

Current through July 10, 2024
As used in sections 17a-248-11 to
				17a-248-14,
				inclusive, of the Regulations of Connecticut State Agencies:
(1) "Adjusted gross income" means the total
			 of adjusted earned and unearned income as shown on the parent's most recent
			 state income tax return or, in lieu of a state income tax return, a federal
			 income tax return. In lieu of either a state or federal income tax return, the
			 lead agency may approve an alternative means of reporting income.
(2) "Contribution" means an amount of money
			 determined to be due and payable from a parent.
(3) "Family", for purposes of determining
			 family size, means a group of two or more persons related by birth, marriage,
			 or adoption who live together.
(4)
			 "Individualized Family Service Plan" or "IFSP" means a written plan for
			 providing early intervention services to an eligible child and the child's
			 family.
(5) "IFSP early
			 intervention services" means the early intervention services described in an
			 IFSP excluding any services which are to be carried out at public expense.
			 Services, which are to be carried out at public expense, are described in
			 34 CFR
			 303.521 and include, but are not limited to,
			 evaluation, assessment, IFSP development and review, and service
			 coordination.
(6) "Insurance" means
			 third party coverage for the costs of health care services.
(7) "Insurance co-payment" means an amount of
			 money due and payable from a parent who has insurance but does not assign to
			 the lead agency the right of recovery used to defray the costs of early
			 intervention services otherwise covered by a parent's insurance
			 policy.
(8) "Medicaid" means the
			 program operated by the Department of Social Services pursuant to section
			 17b-260
			 of the Connecticut General Statutes and authorized by Title XIX of the Social
			 Security Act.
(9) "Program" means
			 an agency providing comprehensive early intervention services to an eligible
			 child operated by, under contract with, or through an inter- agency agreement
			 with the lead agency.
(10)
			 "Uninsured parent" means a parent who does not have insurance coverage for his
			 or her child.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 301 - Promotion of Independent Living for the Elderly Program › Section 17a-301-1 - Definitions

Current through July 10, 2024
(a) "Applicant" means any person who seeks
			 admission to the Promotion of Independent Living for the Elderly
			 Program.
(b) "Assessment" means a
			 comprehensive written evaluation of an individual's health, social,
			 psychological and economic status, degree of functional impairment and related
			 service needs based on a uniform instrument prescribed by the Department on
			 Aging and initiated by direct personal contact between a case manager and
			 potential client.
(c) "Case
			 Manager" means an Agency Nurse Team Member or an Agency Social Services
			 Coordinator Team Member who meets the requirements set forth in Section
			 19-13-D94 of the Regulations of Connecticut State Agencies.
(d) "Client" means any individual admitted
			 into or receiving care under the program.
(e) "Community Services" means a social or
			 medical regimen which allows the individual to remain in his or her home. This
			 includes, but is not limited to:
(1) Adult day
			 care;
(2) Chore services;
(3) Companion services;
(4) Foster care;
(5) Home delivered meals;
(6) Home health aide services;
(7) Homemaker services;
(8) Mental health counselling;
(9) Occupational therapy;
(10) Personal care;
(11) Physical therapy;
(12) Respite care;
(13) Skilled nursing care;
(14) Transportation; and
(15) Personal emergency response
			 systems.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 301 - Promotion of Independent Living for the Elderly Program › Section 17a-301-2 - Program operation

Current through July 10, 2024
(a) The Department
			 shall contract in each PSA with one CAM agency for administration of the
			 Program. Each CAM agency with which the Department has contracted will assume
			 responsibility for the administration of the Program, including screening,
			 determination of eligibility for admission, assessment and care planning,
			 service procurement and quality assurance.
(b) Funds for the Program will be allocated
			 to PSAs based on the proportion of the target population which resides in each
			 PSA.
(c) The Program is not an
			 entitlement program. Payments for services are limited to amounts appropriated
			 by the Connecticut General Assembly, allocations from the Social Services Block
			 Grant, and any other non-State funds which may be available to the Department.
			 In the event that funding is insufficient to provide services to all eligible
			 persons, the number of persons admitted to the Program will be limited to those
			 for whom sufficient funding is available.
(d) The rate of payment for services,
			 including case management, shall not exceed the rate established for such
			 services by the Commissioner of Income Maintenance pursuant to Section 17-314c
			 of the Connecticut General Statutes, or by the Commission on Hospitals and
			 Health Care pursuant to Section 19a-151(b) of the Connecticut General
			 Statutes.
(e) The Department shall
			 not enter into a contract with any CAM agency unless it is able to provide for
			 necessary services for individuals who are non-English speaking, hearing
			 impaired or who have other special needs.
(f) The Department and the CAM agency shall
			 use their best efforts to insure that all eligible elderly persons have equal
			 access to services.
Section number corrected from 17-301-2 to 17a-301-2 on
				  2015-2-18 (February 18, 2015)