Right to counsel

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Legislation, Civil Commitment - Subject of Petition

Conn. Gen. Stat. Ann. § 17a-498(b) provides a right to counsel for indigent respondents in civil commitment proceedings generally, while Gen. Stat. Ann. §17a-685(c) adds a right to counsel for commitment to an inpatient treatment facility for substance abuse treatment and Gen. Stat. Ann. §17a-685(l) extends the right to hearings for an application to terminate commitment.

 

Conn. Stat. § 17a-274(d) provides that where the probate court determines whether to place a person with intellectual disability with the Department of Developmental Services “for placement in any appropriate setting which meets the person’s habilitative needs in the least restrictive environment available or which can be created within existing resources of the department,” the person has a right to counsel.  For such appointment, “The reasonable compensation for counsel provided to indigent respondents shall be established by, and paid from funds appropriated to, the Judicial Department, however, if funds have not been included in the budget of the Judicial Department for such purposes, such compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund.”

Appointment of Counsel: categorical Qualified: no