(a) If a person with intellectual disability does not consent to the receipt of protective services, or if such person withdraws his consent, such services shall not be provided or continued, except that if the commissioner has reason to believe that such person lacks capacity to consent to or refuse such services, the commissioner may petition the Probate Court for the appointment of a legal representative. If any legal representative, appointed pursuant to the provisions of this section, does not consent to the provision of such services, the commissioner may petition the Probate Court for the removal and replacement of such legal representative.

(b) The commissioner, shall, not later than fifteen calendar days after the completion and submission of the evaluation report, provide a written plan of services.

(c) If the commissioner commences an investigation and finds that the person with intellectual disability is seriously in need of immediate protective services, the commissioner shall not delay the commencement of protective services pending the completion of the evaluation report. If the commissioner’s proposed action involves the removal of a person with intellectual disability from his or her home and such person is under legal representation or is competent and does not voluntarily consent to his or her removal, the commissioner shall follow the procedures mandated under section 17a-274.

(P.A. 84-514, S. 5, 11; P.A. 86-285, S. 6; P.A. 95-63, S. 5; P.A. 04-12, S. 4; P.A. 11-16, S. 40; June Sp. Sess. P.A. 17-2, S. 92.)

History: P.A. 84-514 effective February 1, 1985; P.A. 86-285 added Subsec. (c) concerning the duties of the director and commissioner when the director finds that the mentally retarded person is in need of immediate protective services; Sec. 19a-458d transferred to Sec. 46a-11e in 1991; P.A. 95-63 substituted “person with mental retardation” for “mentally retarded person”; P.A. 04-12 amended Subsec. (c) by deleting references to Secs. 19a-448(k) and 46a-11a(b) and adding reference to Sec. 17a-274 re procedures governing involuntary placement of a person with mental retardation; P.A. 11-16 amended Subsecs. (a) and (c) by substituting “person with intellectual disability” for “person with mental retardation” and amended Subsec. (b) by making technical changes, effective May 24, 2011; June Sp. Sess. P.A. 17-2 amended Subsec. (a) to replace “person with intellectual disability” with “person”, amended Subsec. (b) to replace reference to date of referral of case for provision of protective services with reference to completion and submission of evaluation report, delete provisions re director commenting on proposed plan, commissioner to cooperate with director, and comments made by director to be placed on file, replaced references to director with references to commissioner, replaced references to guardian with references to legal representative, and made technical and conforming changes, effective October 31, 2017.