(a) If it is determined by an investigation that a person with intellectual disability has been abused or neglected, the commissioner shall develop and implement a plan of protective services. The name of the person making the report of abuse or neglect shall not be disclosed without such person's consent.
(b) If the caregiver of a person with intellectual disability who has consented to the receipt of protective services refuses to allow the provision of such services to such person, the commissioner may petition the Superior Court for an order enjoining the caregiver from interfering with the provision of protective services to the person. The petition shall allege specific facts sufficient to show that the person with intellectual disability is in need of protective services and consents to their provision and that the caregiver refuses to allow the provision of such services. If the court finds that the person is in need of such services and has been prevented by the caregiver from receiving the same, the court may issue an order enjoining the caregiver from interfering with the provision of protective services to the person.
(P.A. 84-514, S. 4, 11; P.A. 86-285, S. 5; P.A. 95-63, S. 4; P.A. 07-73, S. 2(a); P.A. 11-16, S. 39; June Sp. Sess. P.A. 17-2, S. 91; P.A. 18-32, S. 33.)
History: P.A. 84-514 effective February 1, 1985; P.A. 86-285 amended section to apply in cases of neglect rather than where a person has been determined to be “in need of protective services” and made technical change in Subsec. (a); Sec. 19a-458c transferred to Sec. 46a-11d in 1991; P.A. 95-63 substituted “person with mental retardation” for “mentally retarded person”; pursuant to P.A. 07-73 “Department of Mental Retardation” was changed editorially by the Revisors to “Department of Developmental Services”, effective October 1, 2007; P.A. 11-16 amended Subsecs. (a) and (b) by substituting “person with intellectual disability” for “person with mental retardation”, effective May 24, 2011; June Sp. Sess. P.A. 17-2 amended Subsec. (a) to add “by an investigation”, replace provision re director to refer case to Department of Developmental Services for development and implementation of plan of protective services with provision re commissioner to develop and implement plan of protective services, amended Subsec. (b) to delete “with intellectual disability”, and made technical and conforming changes, effective October 31, 2017; P.A. 18-32 amended Subsec. (a) by making a technical change, and amended Subsec. (b) by replacing references to caretaker with references to caregiver, effective July 1, 2018.