As used in this section and sections 17a-247b to 17a-247f, inclusive:
(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.
(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 (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.
(June 18 Sp. Sess. P.A. 97-2, S. 156, 165; P.A. 98-133, S. 1; P.A. 00-37, S. 1, 5; P.A. 07-73, S. 2(a), (b); June Sp. Sess. P.A. 10-1, S. 65; P.A. 11-16, S. 21; P.A. 14-165, S. 1; May Sp. Sess. P.A. 16-3, S. 50; P.A. 17-96, S. 11.)
History: June 18 Sp. Sess. P.A. 97-2 effective July 1, 1997; P.A. 98-133 amended Subdiv. (5) by replacing person “with mental retardation” with person who is eligible for and receives services, amended Subdiv. (5) and Subdiv. (6) by deleting reference to those who provide or hire others to provide services to the department and amended Subdiv. (11) by replacing “final decision” with determination by an authorized agency following an investigation; P.A. 00-37 made technical changes in Subdivs. (8) and (9), effective May 1, 2000; 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; June Sp. Sess. P.A. 10-1 deleted reference to Sec. 2c-2b(a)(31); P.A. 11-16 amended Subdiv. (2) by substituting “persons with intellectual disability” for “persons with mental retardation”, effective May 24, 2011; P.A. 14-165 added reference to Sec. 17a-247f in introductory language, amended Subdiv. (1) by redefining “abuse”, amended Subdiv. (2) by adding reference to individuals receiving services or funding from department's Division of Autism Spectrum Disorder Services, deleted former Subdiv. (5) re definition of “department client”, redesignated existing Subdivs. (6) and (7) as Subdivs. (5) and (6), added new Subdiv. (7) defining “financial exploitation”, amended Subdiv. (8) by replacing “a department client” with “an individual who receives services or funding from the department”, added new Subdiv. (10) defining “psychological abuse”, redesignated existing Subdiv. (10) as Subdiv. (11), added new Subdiv. (12) defining “sexual abuse”, redesignated existing Subdiv. (11) as Subdiv. (13) and amended same by replacing “a department client” with “an individual who receives services or funding from the department”, added Subdiv. (14) defining “verbal abuse”, replaced “individual” with “person” throughout and made technical and conforming changes; May Sp. Sess. P.A. 16-3 amended Subdiv. (2) to replace “department's” with “Department of Social Services’” and amended Subdiv. (13) to add reference to Department of Social Services' Division of Autism Spectrum Disorder Services, effective July 1, 2016; P.A. 17-96 amended Subdivs. (2) and (13)(A) to delete references to individuals receiving services or funding from Department of Social Services' Division of Autism Spectrum Disorder Services, and amended Subdiv. (3) to add “or his or her designee”, effective June 30, 2017.