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House Bill No. 5558
Public Act No. 26-39
AN ACT CONCERNING THE DEPARTMENT OF DEVELOPMENTAL
SERVICES' ABUSE AND NEGLECT INVESTIGATIONS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (e) of section 46a -11c of the general statutes is
repealed and the following is substituted in lieu thereof ( Effective from
passage):
(e) Neither the original report of alleged abuse or neglect nor the
evaluation report of the investigator which includes findings and
recommendations shall be deemed a public record for purposes of
section 1-210, [. The original report of alleged abuse or neglect or the
evaluation report of the investigator shall not be provided to a legal
representative who ] except such original report or evaluation report
shall be provided to the parent, guardian or other legal representative
of the alleged victim upon re quest of such parent, guardian or other
legal representative to the applicable regional office of the Department
of Developmental Services unless such parent, guardian or other legal
representative is the alleged or substantiated perpetrator of abuse or
neglect or is residing with the alleged or substantiated perpetrator. The
name of the person making the original report shall not be disclosed to
any person unless the person making the original repo rt consents to
such disclosure or unless a judicial proceeding results therefrom.
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Sec. 2. Subsection (e) of section 17a -238a of the 2026 supplement to
the general statutes is repealed and the following is substituted in lieu
thereof (Effective July 1, 2026):
(e) On or before August 1, 2018, and at least annually thereafter, the
commissioner or his or her designee shall, in consultation with (1) each
individual with intellectual disability who is eligible to receive
residential funding or services from the departme nt and who has an
individual plan, and (2) the individual's legal representative, if
applicable, assess the individual's need for future residential funding or
services from the department. Such assessment shall include an
indication of the time period when each support or service would be
accepted by such individual based on information collected at the
annual individual planning meeting. The department shall provide to
the individual or the individual's legal representative, if applicable, the
latest version of the department's "Guide for Individuals and Legal
Representatives when an Allegation of Abuse or Neglect has Been
Made" during such meeting.
Sec. 3. Section 17a -247g of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2026):
The Department of Developmental Services shall constitute a
successor department, in accordance with the provisions of sections 4 -
38d and 4-39, to the Office of Protection and Advocacy for Persons with
Disabilities, with respect to investigations of allega tions of abuse or
neglect pursuant to sections 46a -11a to 46a -11h, inclusive. The
Commissioner of Developmental Services shall ensure all department
staff are trained in requirements for confidentiality and sharing of
information regarding abuse and neglect complaints under sections 17a-
247d and 46a-11c, as amended by this act.
Sec. 4. Section 17a-247i of the 2026 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective July
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1, 2026):
(a) Not later than January 15, 2026, and annually thereafter, the
Commissioner of Developmental Services shall file a report regarding
abuse and neglect reports filed and investigations conducted pursuant
to sections 17a-247b, 17a-247f and 46a-11c, as amended by this act. Such
report shall include: (1) The number of abuse and neglect complaints
received by the Department of Developmental Services in the previous
calendar year, including deaths of persons reported; (2) the number and
type of complaints that were investigated by the department and the
percentage of such complaints investigated directly by the department
or by private providers; (3) the number and percentage of cases that
were substantiated; [and] (4) what, if any, administrative action was
taken by the department regarding such substantiated complaints,
including [distribution of] outcomes and recommendations; and (5) (A)
the number of complaint substantiations by role of the perpetrator,
including, but not limited to, the roles of (i) family m ember, (ii) day
program provider, (iii) direct care staff, or (iv) other residential care
staff, (B) the number of complaint substantiations by the type of settings
where the abuse or neglect occurred, including, but not limited to, (i)
private homes, (ii) day programs, (iii) state -licensed community living
arrangements, (iv) state -run residential programs, and (v) health care
facilities, (C) the percentage of investigations that produced
recommendations, (D) the percentage of recommendations that were
confirmed to be completed by providers not later than ninety days after
issuance of such recommendations, (E) the number of regulatory
citations that were issued by the department for failure to ensure
detection and reporting of abuse and neglect, (F) the numb er of
regulatory citations that were issued by the department for failure to
implement a corrective action requirement, (G) the number of abuse or
neglect allegations that were reported for individuals who died and
what, if any, findings, recommendations o r administrative action was
taken by the department, and (H) any systemic agency actions and
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recommendations to ensure the safety of individuals served by the
department and prevent and respond to concerns of abuse and neglect.
The commissioner shall post the report on the department's Internet
web site and file the report, in accordance with the provisions of section
11-4a, with the joint standing committees of the General Assembly
having cognizance of matters relating to huma n services and public
health. The committees shall conduct an annual hearing and review of
the report and compliance by the Departments of Social Services and
Developmental Services with federal Medicaid requirements
concerning the safety of and quality of care for persons with intellectual
or developmental disabilities receiving services funded by Medicaid
home and community -based waiver programs, including, but not
limited to, how the departments continue to address audit findings and
recommendations made by the office of the Inspector General for the
United States Department of Health and Human Services and the
Auditors of P ublic Accounts concerning prevention of abuse and
neglect of such persons, timely reporting of abuse and neglect concerns
and timely implementation of corresponding corrective actions related
to abuse and neglect of such persons.
(b) Not later than February 1, 2026, and every five years thereafter,
the commissioner shall review the policies and procedures of the
department as they relate to reports and investigations of abuse and
neglect and post any updates to the policies and procedures on the
department's Internet web site. Such review shall include: (1) Ensuring
the policies and procedures reflect the current process in place for
investigating reports of abuse and neglect; (2) reviewing the
department's method for sharing inform ation regarding substantiated
abuse and neglect complaints and original reports and evaluation
reports of abuse and neglect with the person reported to be the victim
of such abuse or neglect or such person's legal representative while
continuing to maintain confidentiality of the records as prescribed in
section 17a-247d and section 46a-11c, as amended by this act ; [and] (3)
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an evaluation of systems to screen persons hired to provide services to
clients enrolled in programs administered by the department and
recommendations, as necessary, to improve background checks of such
persons; and (4) obtaining feedback on the policies and procedures from
qualified providers as determined by the commissioner.
(c) The Commissioner of Developmental Services shall ensure that all
materials related to the prevention, occurrence of, and response to abuse
and neglect of individuals served by the department are disseminated
through a consumer-friendly and easily accessible Internet web site that
ensures the widest possible access to services for families and persons
with disabilities.