Connecticut HB 5558: AN ACT CONCERNING THE DEPARTMENT OF DEVELOPMENTAL SERVICES' ABUSE AND NEGLECT INVESTIGATIONS.

Bill Text

House Bill No. 5558 
 
Public Act No. 26-39 
 
 
AN ACT CONCERNING THE DEPARTMENT OF DEVELOPMENTAL 
SERVICES' ABUSE AND NEGLECT INVESTIGATIONS. 
Be  it  enacted  by  the  Senate  and  House  of  Representatives  in  General 
Assembly convened: 
 
Section 1. Subsection (e) of section 46a-11c of the general statutes is 
repealed  and  the  following  is  substituted  in  lieu  thereof  (Effective  from 
passage): 
(e) Neither  the  original  report  of  alleged  abuse  or  neglect  nor  the 
evaluation  report  of  the  investigator  which  includes  findings  and 
recommendations  shall  be  deemed  a  public  record  for  purposes  of 
section  1-210, [.  The  original  report  of  alleged  abuse  or  neglect  or  the 
evaluation  report  of  the  investigator  shall  not  be  provided  to  a  legal 
representative  who] except  such  original  report  or  evaluation  report 
shall be provided to the parent, guardian or other legal representative 
of  the  alleged  victim  upon  request  of  such  parent,  guardian  or  other 
legal representative to the applicable regional office of the Department 
of Developmental Services unless such parent, guardian or other legal 
representative is  the  alleged  or  substantiated  perpetrator  of  abuse  or 
neglect or is residing with the alleged or substantiated perpetrator. 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. 

House Bill No. 5558 
 
Public Act No. 26-39 2 of 5 
 
Sec.  2.  Subsection  (e)  of  section  17a-238a of  the  2026  supplement  to 
the general statutes is repealed and the following is substituted in lieu 
thereof (Effective July 1, 2026): 
(e) On or before August 1, 2018, and at least annually thereafter, the 
commissioner or his or her designee shall, in consultation with (1) each 
individual   with   intellectual   disability   who   is   eligible   to   receive 
residential  funding  or  services  from  the  department  and  who  has  an 
individual   plan,   and   (2)   the   individual's   legal   representative,   if 
applicable, assess the individual's need for future residential funding or 
services   from   the   department.   Such   assessment   shall   include   an 
indication  of  the  time  period when  each  support  or  service  would  be 
accepted  by  such  individual  based  on  information  collected  at  the 
annual individual  planning meeting. The  department  shall  provide  to 
the individual or the individual's legal representative, if applicable, the 
latest  version  of  the  department's  "Guide  for  Individuals  and  Legal 
Representatives  when  an  Allegation  of  Abuse  or  Neglect  has  Been 
Made" during such meeting. 
Sec.  3.  Section  17a-247g  of  the  general  statutes  is  repealed  and  the 
following is substituted in lieu thereof (Effective July 1, 2026): 
The   Department   of   Developmental   Services   shall   constitute   a 
successor department, in accordance with the provisions of sections 4-
38d and 4-39, to the Office of Protection and Advocacy for Persons with 
Disabilities,  with  respect  to  investigations  of  allegations  of  abuse  or 
neglect   pursuant   to   sections   46a-11a   to   46a-11h,   inclusive. The 
Commissioner  of  Developmental  Services  shall  ensure  all  department 
staff  are  trained  in  requirements  for  confidentiality  and  sharing  of 
information regarding abuse and neglect complaints under sections 17a-
247d and 46a-11c, as amended by this act. 
Sec. 4. Section 17a-247i of the 2026 supplement to the general statutes 
is repealed and the following is substituted in lieu thereof (Effective July 

House Bill No. 5558 
 
Public Act No. 26-39 3 of 5 
 
1, 2026): 
(a)  Not  later  than  January  15,  2026,  and  annually  thereafter,  the 
Commissioner  of  Developmental  Services  shall  file  a  report  regarding 
abuse and neglect reports filed and investigations conducted pursuant 
to sections 17a-247b, 17a-247f and 46a-11c, as amended by this act. Such 
report  shall  include:  (1)  The  number  of  abuse  and  neglect  complaints 
received by the Department of Developmental Services in the previous 
calendar year, including deaths of persons reported; (2) the number and 
type  of  complaints  that were  investigated  by  the  department  and  the 
percentage of such complaints investigated directly by the department 
or  by  private  providers;  (3)  the  number  and  percentage  of  cases  that 
were  substantiated; [and] (4)  what,  if  any,  administrative  action  was 
taken  by  the  department  regarding  such  substantiated  complaints, 
including [distribution of] outcomes and recommendations; and (5) (A) 
the  number  of  complaint  substantiations  by  role  of  the  perpetrator, 
including,  but  not  limited  to,  the  roles  of  (i)  family  member,  (ii)  day 
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