(a) If a person with intellectual disability does not consent to the receipt of protective services, or if such person withdraws consent to the receipt of such services, 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.

Terms Used In Connecticut General Statutes 46a-11e

  • intellectual disability: means a significant limitation in intellectual functioning existing concurrently with deficits in adaptive behavior that originated during the developmental period before eighteen years of age. See Connecticut General Statutes 1-1g
  • Probate: Proving a will

(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 § 17a-274.