(a) For purposes of this section “person who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services” means a person eighteen years of age to sixty years of age, inclusive, who receives funding or services from the Department of Social Services' Division of Autism Spectrum Disorder Services.
(b) (1) The Commissioner of Developmental Services, or the commissioner's designee, may investigate any reports alleging abuse or neglect of a person who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services. Such investigation shall include a visit to the residence of the person reported to have been abused or neglected and consultation with persons having knowledge of the facts surrounding such allegation. All state, local and private agencies shall have a duty to cooperate with any such investigation, including the release of complete records of such person for review, inspection and copying, except where such person refuses to permit his or her record to be released. All such records shall be kept confidential by the Department of Developmental Services.
(2) Upon completion of the investigation of each case, the commissioner, or the commissioner's designee, shall prepare written findings that shall include a determination as to whether abuse or neglect has occurred and may include recommendations as to whether protective services are needed. The commissioner, or the commissioner's designee, except in cases where the legal representative of the person reported to be abused or neglected is the alleged perpetrator of abuse or neglect or is residing with the alleged perpetrator, shall notify the legal representative, if any, of such person if a report of abuse or neglect is made that the department determines warrants investigation. The commissioner, or the commissioner's designee, shall provide the legal representative who the commissioner, or the commissioner's designee, determines is entitled to such information with further information upon request. The commissioner, or the commissioner's designee, shall provide the Commissioner of Social Services with the evaluation report concerning any person who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services. The person making the allegation of abuse or neglect shall be notified of the findings resulting from the investigation, upon such person's request.
(3) Neither the original report of alleged abuse or neglect nor the evaluation report of the investigator that includes findings and recommendations shall be deemed a public record for purposes of section 1-210. The name of the person making the original report shall not be disclosed to any person unless the person making the original report consents to such disclosure or unless a judicial proceeding results therefrom.
(P.A. 14-165, S. 2; May Sp. Sess. P.A. 16-3, S. 51; P.A. 17-96, S. 13.)
History: May Sp. Sess. P.A. 16-3 amended Subsec. (a) by replacing “department's” with “Department of Social Services’” and replacing “Department of Developmental Services’” with “Department of Social Services’”, and amended Subsec. (b) by replacing “commissioner” with “Commissioner of Developmental Services” in provision re authority to investigate reports alleging abuse or neglect, replacing “department's” with “Department of Social Services’” in provision re receipt of services from Division of Autism Spectrum Disorder Services and replacing “department” with “Department of Developmental Services” in provision re records to be kept confidential in Subdiv. (1) and by replacing “commissioner” with “Commissioner of Developmental Services” in Subdiv. (2), effective July 1, 2016; P.A. 17-96 replaced references to individual with references to person, amended Subsec. (b) to add “, or the commissioner's designee,” add “may include” re recommendations and replace references to parent or guardian with references to legal representative, and add provision re evaluation report concerning person who receives services from Department of Social Services' Division of Autism Spectrum Disorder Services in Subdiv. (2), replaced references to allegation with references to report and replaced “investigation report” with “evaluation report” in Subdiv. (3), and made technical changes, effective July 1, 2017.