Section 17b-461-8 - Court procedures(a) If it appears to the social worker responsible for providing necessary protective services to a consenting elderly person that the caretaker of such person, as defined in Section 17b-461-1 of the Regulations of Connecticut State Agencies, is interfering with or threatens to interfere with the provision of protective services to the extent that the delivery of such services will become impaired, that information shall be reported to the Commissioner or his designee. If the facts of the case indicate that court action is required, a petition may be filed with the probate court in the district in which the elderly person resides for an order enjoining the caretaker as provided by Section 17b-453(b) of the Connecticut General Statutes. The Commissioner shall be represented by the Attorney General in any such proceedings. If it appears to the Attorney General that the application for a restraining order hereunder is of such serious nature that it may result in appeal or other legal problems, then upon the advice of the Attorney General, the commissioner may, as an alternative, file such application in the superior court of proper jurisdiction. At any hearing held on such application, those persons from the Department who have knowledge of the facts involved shall appear as witnesses. Other witnesses may be subpoenaed by the Attorney General as necessary.(b) In the event that a restraining order is obtained under subsection (a) of this section and the caretaker of the elderly person refuses to allow the delivery of services as provided in Section 17b-453(b) of the Connecticut General Statutes, then the Commissioner shall apply to the superior court which has jurisdiction as set forth in the Connecticut General Statutes and the Connecticut Practice Book for a contempt of court order against such caretaker.(c) If the Commissioner finds that an elderly person is being abused, neglected, exploited or abandoned and lacks capacity to consent to reasonable and necessary protective services, he may petition the probate court for appointment of a conservator of the elderly person pursuant to the provisions of Chapter 802h of the Connecticut General Statutes in order to obtain such consent. Such petition shall be brought in the probate court for the district in which such elderly person resides or has his or her domicile. At any hearing scheduled by the probate court on said petition, the commissioner or his designee shall be represented by the Office of the Attorney General.(d) In any proceeding in probate court pursuant to provisions of the Connecticut General Statutes the probate court shall appoint an attorney to represent the elderly person if he or she is without other legal representation.(e) If the probate court concludes that a conservator is required and appoints the commissioner to be conservator of the person, then the necessary protective services shall be delivered. Whenever the Commissioner is designated herein to act as conservator, he may delegate the performance of such duties in accordance with the Connecticut General Statutes.(f) If the court appoints an individual, agency or organization other than the commissioner to be conservator of such elderly person then the commissioner or his designee shall make suitable arrangement with such conservator for the delivery of services. In the event the conservator refuses to allow the delivery of such services, the commissioner or his designee may petition the court of probate which appointed such conservator for his removal for cause shown.(g) In the event that it appears to any person involved in the delivery of protective services that an elderly person is being abused, neglected, exploited or abandoned and lacks capacity to consent to reasonable and necessary protective services, and that to have an application for the appointment of a conservator of his person processed in the ordinary manner would result in a delay which would cause imminent danger to the health and welfare of such elderly person, then the commissioner shall apply for the appointment of a temporary conservator under the provisions of Section 45a-654 of the Connecticut General Statutes. The provisions of Section 17b-461-8(c) above with respect to the representation of the commissioner by the Office of the Attorney General shall apply.(h) In the event that the commissioner or his designee concludes that there is no need for continuation of a conservatorship of an elderly person then the commissioner or his designee shall apply to the probate court which appointed such conservator for the termination of the conservatorship. The commissioner or his designee shall provide such investigative, medical reports and other evidence as may be requested by the court of probate for use in determining whether or not to grant such application. In the event the court of probate denies such application, but the commissioner determines that further involvement of the Department is either unnecessary or unwarranted, then the commissioner or his designee may resign as conservator of the elderly person. If the court of probate concludes that it is in the best interest of such elderly person, then it shall appoint some other suitable person to be conservator of his or her person under the provision of section 45a-660 of the Connecticut General Statutes.Conn. Agencies Regs. § 17b-461-8
Effective October 2, 1991; Transferred and AmendedJune 10, 1998