Counsel says Elam Park's July 10 discharge notice complies with Conn. Gen. Stat. 19a-535a

At a hearing on the involuntary discharge of resident Daniel C. Parks, Jody Erdfarb, attorney for Elam Park, told the hearing officer that the facility's July 10 notice of discharge met the statutory requirements in Conn. Gen. Stat. 19a-535a. "The notice that was provided on July 10 carefully meets all of the requirements in the operative statute, which is 19a-535a," Erdfarb said, citing the exhibit packet supplied to the hearing officer.

Erdfarb told the panel the notice followed an earlier state review and that the facility received state approval related to the closure on April 9, 2026, and Department of Social Services approval included in respondent exhibits. "As a residential care home, the facility is licensed by the Department of Public Health and subjected to the state laws and regulations that are attendant to that type of facility," she said, arguing landlord-tenant law does not apply to licensed RCH settings and that the proceeding concerns the sufficiency of the discharge notice under 19a-535a.

The hearing record includes attestation that Mr. Parks received multiple notices and accompanying discharge-planning materials. Counsel said the facility and the ombudsman's office worked together to seek appropriate placements; when that process reaches a legal dead end and an RCH cannot remain open for a single resident, an involuntary discharge process is required, Erdfarb said.

The hearing officer closed the proceeding and said a written decision would be issued within 20 days from the date of the hearing.