Sec. 17a-227. (Formerly Sec. 19a-467). Licensing and regulation of residential facilities for mentally retarded and autistic persons.
Sec. 17a-227. (Formerly Sec. 19a-467). Licensing and regulation of residential
facilities for mentally retarded and autistic persons. (a) No person, firm or corporation shall conduct or maintain within this state a residential facility which it owns, leases
or rents for the lodging, care or treatment of persons with mental retardation or autistic
persons unless such person, firm or corporation, upon written application, verified by
oath, has obtained a license issued by the Department of Developmental Services.
(b) The commissioner shall adopt regulations, in accordance with the provisions of
chapter 54, to insure the comfort, safety, adequate medical care and treatment of such
persons at such residential facilities. Such regulations shall include requirements that:
(1) All residential facility staff be certified in cardiopulmonary resuscitation in a manner
and timeframe prescribed by the commissioner; (2) records of staffing schedules and
actual staff hours worked, by residential facility, be available for inspection by the department upon advance notice; (3) each residential facility develop and implement emergency plans and staff training to address emergencies that may pose a threat to the
health and safety of the residents of the facility; (4) department inspectors verify during
licensing inspections, that (A) staff is adequately trained to respond in an emergency,
and (B) a summary of information on each resident is available to emergency medical
personnel for use in an emergency; and (5) at least half of the inspections conducted by
the department after initial licensure are unannounced.
(c) After receiving an application and making such investigation as is deemed necessary and after finding the specified requirements to have been fulfilled, the department
shall grant a license to such applicant to conduct a facility of the character described in
such application, which license shall specify the name of the person to have charge
and the location of such facility. Any person, firm or corporation aggrieved by any
requirement of the regulations or by the refusal to grant any license may within twenty
days of any order directing the enforcement of any provision of such regulations or the
refusal of such license, appeal therefrom in accordance with the provisions of section
4-183, except venue for such appeal shall be in the judicial district in which such facility
is located. If the licensee of any such facility desires to place in charge thereof a person
other than the one specified in the license, application shall be made to the Department
of Developmental Services, in the same manner as provided for the original application,
for permission to make such change. Such application shall be acted upon within ten
days from the date of the filing of same. Each such license shall be renewed annually
upon such terms as may be established by regulations and may be revoked by the department upon proof that the facility for which such license was issued is being improperly
conducted, or for the violation of any of the provisions of this section or of the regulations
adopted pursuant to this subsection, provided the licensee shall first be given a reasonable opportunity to be heard in reference to such proposed revocation. Any person,
firm or corporation aggrieved by such revocation may appeal in the same manner as
hereinbefore provided. Each person, firm or corporation, upon filing an application
under the provisions of this section for a license for a facility providing residential
services for five or more persons, shall pay to the State Treasurer the sum of fifty dollars.
(d) Notwithstanding any regulation to the contrary, subject to the provisions of
this section, the Department of Developmental Services may contract, within available
appropriations, with any organization for the operation of a community-based residential
facility, provided such facility is licensed by the department. The department shall include in all contracts with such organizations, provisions requiring the department to (1)
conduct periodic reviews of contract performance, and (2) take progressive enforcement
actions if the department finds poor performance or noncompliance with the contract,
as follows: (A) The organization may be placed on a strict schedule of monitoring and
oversight by the department; (B) the organization may be placed on a partial-year contract; and (C) payments due under the contract may be reduced by specific amounts on
a monthly basis until the organization complies with the contract. If compliance cannot
be achieved, the department shall terminate the contract.
(e) The department may contract with any person, firm or corporation to provide
residential support services for persons with mental retardation who reside in settings
which are not licensed by the department. The commissioner shall adopt regulations,
in accordance with the provisions of chapter 54, to ensure the safety, adequate supervision and support of persons receiving residential support services.
(f) Any person, firm or corporation who conducts any facility contrary to the provisions of this section shall be fined not more than one thousand dollars or imprisoned
not more than six months or both. Any person, firm or corporation who conducts any
facility contrary to the regulations adopted pursuant to subsection (b) of this section
shall be fined not more than one thousand dollars.
(1969, P.A. 740, S. 1; P.A. 75-638, S. 15, 23; P.A. 77-603, S. 59, 125; P.A. 78-280, S. 2, 127; P.A. 80-110; P.A. 81-118; P.A. 82-7; P.A. 87-112, S. 1, 2; P.A. 89-375, S. 2, 5; June Sp. Sess. P.A. 91-11, S. 10, 25; P.A. 03-146, S. 2; P.A. 07-73, S. 2(a).)
History: P.A. 75-638 replaced office of mental retardation in health department with independent department of mental
retardation; Sec. 19-4g transferred to Sec. 19-574 in 1977; P.A. 77-603 replaced previous appeal provisions with statement
that appeals be made in accordance with Sec. 4-183 and added reference to judicial districts; P.A. 78-280 deleted reference
to counties; P.A. 80-110 inserted new Subsec. (c) re contracts with nonprofit organizations and redesignated former Subsec.
(c) as (d); P.A. 81-118 amended Subsecs. (a) and (b) to extend the licensing authority of the department of mental retardation
to residential facilities for autistic persons, to exempt from the licensing fee requirement residential facilities for less than
five persons and to delete specific expiration date of December thirty-first, referring instead to annual renewal as provided
by regulation; P.A. 82-7 amended Subsec. (c) to require that community-based residential facilities for the mentally retarded
operated by nonprofit organizations be licensed by the department of mental retardation, where previously Subsec. required
that "programs" be "supervised" by mental retardation department; Sec. 19-574 transferred to Sec. 19a-467 in 1983; P.A.
87-112 amended Subsec. (c) to remove restriction limiting contracting authority to contracts with nonprofit organizations
only; P.A. 89-375 made technical changes and inserted new Subsec. (d) re contracts for provision of residential support
services, relettered existing Subsec. (d) as (e) and amended (e) by adding language re the fine for violation of regulations;
Sec. 19a-467 transferred to Sec. 17a-227 in 1991; June Sp. Sess. P.A. 91-11 amended Subsec. (c) to make department's
ability to contract subject to available appropriations; P.A. 03-146 amended Subsec. (b) by adding Subdivs. (1) to (5) re
requirements to be included in regulations, redesignated existing provisions of Subsec. (b) re license as new Subsec. (c),
redesignated existing Subsecs. (c) to (e) as Subsecs. (d) to (f), and amended Subsec. (d) by making a technical change and
adding requirements for enforcing contract provisions with providers, effective July 1, 2004; 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.
See Sec. 8-3e re zoning regulations for community residences for mentally retarded persons.
See Sec. 9-159s re notice to certain conservators and guardians re voting opportunities provided to certain residents.