*See Sec. 46b-224 re operation of Superior Court order changing or transferring guardianship or custody of child who is subject of preexisting support order.
Annotations to former Secs. 17-53 to 17-74:
Purpose and scope of act. 99 C. 75. Superior Court's finding that minor, tried before it, was over 16 cannot be attacked in habeas corpus proceedings. 100 C. 503. If the fact of the act is to make persons under 16 incapable of crime, legislature has not transgressed its functions. 115 C. 593. Cited. 171 C. 630.
Annotations to present chapter:
Cited. 189 C. 276; 206 C. 346; 210 C. 435; 211 C. 151; 229 C. 691.
Sec. 46b-120. (Formerly Sec. 51-301). Definitions.
Sec. 46b-121. (Formerly Sec. 51-302). “Juvenile matters” defined. Authority of court.
Sec. 46b-121a. Referral of juvenile matters to state referees.
Sec. 46b-121b. Handling of juvenile matters.
Secs. 46b-121c to 46b-121g. Reserved
Sec. 46b-121h. Goals of juvenile justice system.
Sec. 46b-121k. Programs, services and facilities for juvenile offenders.
Sec. 46b-121l. Early intervention projects for juvenile offenders.
Sec. 46b-121m. Evaluation of the costs and benefits of programs serving juvenile offenders.
Sec. 46b-121n. Juvenile Justice Policy and Oversight Committee. Reports.
Sec. 46b-121o. Redicivism reduction framework for the juvenile justice system.
Sec. 46b-121q. Commitment of juvenile offenders. Sentence of probation.
Sec. 46b-121r. Comprehensive system of graduated responses provided for juvenile offenders.
Sec. 46b-121s. Community-based diversion system.
Sec. 46b-123. (Formerly Sec. 51-304). Appointment of staff for juvenile matters.
Sec. 46b-123a. Transfer of personnel to Division of Criminal Justice.
Sec. 46b-123b. Transfer of juvenile justice centers to Judicial Department.
Sec. 46b-126. (Formerly Sec. 51-307). Secure facilities for care and treatment of children.
Sec. 46b-126a. Out-of-school suspensions for children residing in juvenile facilities prohibited.
Sec. 46b-128a. Competency determinations in juvenile matters.
Sec. 46b-131. (Formerly Sec. 51-312). Custody of alleged delinquent child pending disposition. Bail.
Sec. 46b-132. (Formerly Sec. 51-313). Temporary detention places.
Sec. 46b-132a. Medical care of children in juvenile residential centers.
Sec. 46b-133b. Suspension of delinquency proceedings for treatment for alcohol or drug dependency.
Sec. 46b-133c. Serious juvenile repeat offender prosecution. Sentencing.
Sec. 46b-133d. Serious homicide, firearm or sexual offender prosecution. Sentencing.
Sec. 46b-133f. Family violence mediation program on docket for juvenile matters. Report.
Sec. 46b-133g. Detention risk screening instrument.
Sec. 46b-133h. Parameters for releasing child from detention.
Sec. 46b-133i. Suspension of delinquency proceedings for fire starting behavior treatment.
Sec. 46b-133l. Report of use of chemical agents or prone restraints on detained juveniles.
Sec. 46b-133m. Independent ombudsperson services provided in facilities that detain juveniles.
Sec. 46b-133n. Communication services in juvenile detention facilities.
Sec. 46b-135. (Formerly Sec. 51-316). Right to counsel and cross-examination.
Sec. 46b-138. (Formerly Sec. 51-319). Summoning of witnesses. Conversation privileged.
Sec. 46b-138a. Testimony of accused juvenile, parent or guardian in juvenile proceeding.
Sec. 46b-138b. Statement of victim or victim's representative at delinquency proceeding.
Sec. 46b-139. (Formerly Sec. 51-320). Expert medical witnesses; interpreter.
Sec. 46b-140. (Formerly Sec. 51-321). Disposition upon adjudication of child as delinquent.
Sec. 46b-141c. Reimbursement of costs of probation supervision.
Sec. 46b-141d. Credit for presentence detention.
Sec. 46b-143. (Formerly Sec. 51-324). Notice of appeal.
Sec. 46b-144. (Formerly Sec. 51-325). Religious faith. Service of commitment process.
Sec. 46b-146. (Formerly Sec. 51-327). Erasure of police and court records.
Sec. 46b-147. (Formerly Sec. 51-328). Proceedings inadmissible as evidence in criminal proceedings.
Sec. 46b-147a. Reports on cases of children charged with serious juvenile offenses.
Sec. 46b-149a. Duties of police officer re child of family with service needs.
Sec. 46b-149b. Immunity of police officer or municipal official from personal liability.
Sec. 46b-149c. Truancy and other family with service needs cases. Duties of Judicial Branch.
Sec. 46b-149e. Family support centers.
Sec. 46b-150. Emancipation of minor. Procedure. Notice. Attorney General as party.
Sec. 46b-150b. Order of emancipation.
Sec. 46b-150d. Effect of emancipation.
Sec. 46b-150e. Emancipation under common law.
Sec. 46b-151h. Interstate Compact for Juveniles.
Sec. 46b-151i. Chief Court Administrator as administrator of the Interstate Compact for Juveniles.
Secs. 46b-152 to 46b-159. Reserved
Sec. 46b-120. (Formerly Sec. 51-301). Definitions. The terms used in this chapter shall, in its interpretation and in the interpretation of other statutes, be defined as follows:
(1) “Child” means any person under eighteen years of age who has not been legally emancipated, except that (A) for purposes of delinquency matters and proceedings, “child” means any person who (i) is at least ten years of age at the time of the alleged commission of a delinquent act and who is (I) under eighteen years of age and has not been legally emancipated, or (II) eighteen years of age or older and committed a delinquent act prior to attaining eighteen years of age, or (ii) is subsequent to attaining eighteen years of age, (I) violates any order of the Superior Court or any condition of probation ordered by the Superior Court with respect to a delinquency proceeding, or (II) wilfully fails to appear in response to a summons under section 46b-133 or at any other court hearing in a delinquency proceeding of which the child had notice, and (B) for purposes of family with service needs matters and proceedings, child means a person who is at least seven years of age and is under eighteen years of age;
(2) (A) A child may be adjudicated as “delinquent” who has, while under sixteen years of age, (i) violated any federal or state law, except a first or second offense under subdivision (1) of subsection (b) of section 21a-279a, or except section 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223 or 53a-223a, or violated a municipal or local ordinance, except an ordinance regulating behavior of a child in a family with service needs, (ii) wilfully failed to appear in response to a summons under section 46b-133 or at any other court hearing in a delinquency proceeding of which the child had notice, (iii) violated any order of the Superior Court in a delinquency proceeding, except as provided in section 46b-148, or (iv) violated conditions of probation supervision or probation supervision with residential placement in a delinquency proceeding as ordered by the court;
(B) A child may be adjudicated as “delinquent” who has (i) while sixteen or seventeen years of age, violated any federal or state law, other than (I) an infraction, (II) a violation, (III) a motor vehicle offense or violation under title 14, (IV) a violation of a municipal or local ordinance, (V) a violation of section 51-164r, 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223 or 53a-223a, or (VI) a first or second offense under subdivision (1) of subsection (b) of section 21a-279a, (ii) while sixteen years of age or older, wilfully failed to appear in response to a summons under section 46b-133 or at any other court hearing in a delinquency proceeding of which the child had notice, (iii) while sixteen years of age or older, violated any order of the Superior Court in a delinquency proceeding, except as provided in section 46b-148, or (iv) while sixteen years of age or older, violated conditions of probation supervision or probation supervision with residential placement in a delinquency proceeding as ordered by the court;
(3) “Family with service needs” means a family that includes a child who is at least seven years of age and is under eighteen years of age who, according to a petition lawfully filed on or before June 30, 2020, (A) has without just cause run away from the parental home or other properly authorized and lawful place of abode, (B) is beyond the control of the child's parent, parents, guardian or other custodian, (C) has engaged in indecent or immoral conduct, or (D) is thirteen years of age or older and has engaged in sexual intercourse with another person and such other person is thirteen years of age or older and not more than two years older or younger than such child;
(4) A child may be found “neglected” who, for reasons other than being impoverished, (A) has been abandoned, (B) is being denied proper care and attention, physically, educationally, emotionally or morally, or (C) is being permitted to live under conditions, circumstances or associations injurious to the well-being of the child;
(5) A child may be found “abused” who (A) has been inflicted with physical injury or injuries other than by accidental means, (B) has injuries that are at variance with the history given of them, or (C) is in a condition that is the result of maltreatment, including, but not limited to, malnutrition, sexual molestation or exploitation, deprivation of necessities, emotional maltreatment or cruel punishment;
(6) A child may be found “uncared for” (A) who is homeless, (B) whose home cannot provide the specialized care that the physical, emotional or mental condition of the child requires, or (C) who has been identified as a victim of trafficking, as defined in section 46a-170. For the purposes of this section, the treatment of any child by an accredited Christian Science practitioner, in lieu of treatment by a licensed practitioner of the healing arts, shall not of itself constitute neglect or maltreatment;
(7) “Delinquent act” means (A) the violation by a child under the age of sixteen of any federal or state law, except a first or second offense under subdivision (1) of subsection (b) of section 21a-279a, the violation of section 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223 or 53a-223a, or the violation of a municipal or local ordinance, except an ordinance regulating behavior of a child in a family with service needs, (B) the violation by a child sixteen or seventeen years of age of any federal or state law, other than (i) an infraction, (ii) a violation, (iii) a motor vehicle offense or violation under title 14, (iv) the violation of a municipal or local ordinance, (v) the violation of section 51-164r, 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223 or 53a-223a, or (vi) a first or second offense under subdivision (1) of subsection (b) of section 21a-279a, (C) the wilful failure of a child, including a child who has attained the age of eighteen, to appear in response to a summons under section 46b-133 or at any other court hearing in a delinquency proceeding of which the child has notice, (D) the violation of any order of the Superior Court in a delinquency proceeding by a child, including a child who has attained the age of eighteen, except as provided in section 46b-148, or (E) the violation of conditions of probation supervision or probation supervision with residential placement in a delinquency proceeding by a child, including a child who has attained the age of eighteen, as ordered by the court;
(8) “Serious juvenile offense” means (A) the violation of, including attempt or conspiracy to violate, section 21a-277, 21a-278, 29-33, 29-34, 29-35, subdivision (2) or (3) of subsection (a) of section 53-21, 53-80a, 53-202b, 53-202c, 53-390 to 53-392, inclusive, 53a-54a to 53a-57, inclusive, 53a-59 to 53a-60c, inclusive, 53a-64aa, 53a-64bb, 53a-70 to 53a-71, inclusive, 53a-72b, 53a-86, 53a-92 to 53a-94a, inclusive, 53a-95, 53a-100aa, 53a-101, 53a-102a, 53a-103a or 53a-111 to 53a-113, inclusive, subdivision (1) of subsection (a) of section 53a-122, subdivision (2) of subsection (a) of section 53a-123, section 53a-134, 53a-135, 53a-136a or 53a-167c, subsection (a) of section 53a-174, or section 53a-196a, 53a-211, 53a-212, 53a-216 or 53a-217b, or (B) absconding, escaping or running away, without just cause, from any secure residential facility in which the child has been placed by the court as a delinquent child;
(9) “Serious juvenile offender” means any child adjudicated as delinquent for the commission of a serious juvenile offense;
(10) “Serious juvenile repeat offender” means any child charged with the commission of any felony if such child has previously been adjudicated as delinquent or otherwise adjudicated at any age for two violations of any provision of title 21a, 29, 53 or 53a that is designated as a felony;
(11) “Alcohol-dependent” means a psychoactive substance dependence on alcohol as that condition is defined in the most recent edition of the American Psychiatric Association's “Diagnostic and Statistical Manual of Mental Disorders”;
(12) “Drug-dependent” means a psychoactive substance dependence on drugs as that condition is defined in the most recent edition of the American Psychiatric Association's “Diagnostic and Statistical Manual of Mental Disorders”. No child shall be classified as drug-dependent who is dependent (A) upon a morphine-type substance as an incident to current medical treatment of a demonstrable physical disorder other than drug dependence, or (B) upon amphetamine-type, ataractic, barbiturate-type, hallucinogenic or other stimulant and depressant substances as an incident to current medical treatment of a demonstrable physical or psychological disorder, or both, other than drug dependence;
(13) “Pre-dispositional study” means a comprehensive written report prepared by a juvenile probation officer pursuant to section 46b-134 regarding the child's social, medical, mental health, educational, risks and needs, and family history, as well as the events surrounding the offense to present a supported recommendation to the court;
(14) “Probation supervision” means a legal status whereby a juvenile who has been adjudicated delinquent is placed by the court under the supervision of juvenile probation for a specified period of time and upon such terms as the court determines;
(15) “Probation supervision with residential placement” means a legal status whereby a juvenile who has been adjudicated delinquent is placed by the court under the supervision of juvenile probation for a specified period of time, upon such terms as the court determines, that include a period of placement in a secure or staff-secure residential treatment facility, as ordered by the court, and a period of supervision in the community;
(16) “Risk and needs assessment” means a standardized tool that (A) assists juvenile probation officers in collecting and synthesizing information about a child to estimate the child's risk of recidivating and identify other factors that, if treated and changed, can reduce the child's likelihood of reoffending, and (B) provides a guide for intervention planning;
(17) “Secure-residential facility” means a hardware-secured residential facility that includes direct staff supervision, surveillance enhancements and physical barriers that allow for close supervision and controlled movement in a treatment setting;
(18) “Staff-secure residential facility” means a residential facility that provides residential treatment for children in a structured setting where the children are monitored by staff; and
(19) “Juvenile residential center” means a hardware-secured residential facility operated by the Court Support Services Division of the Judicial Branch that includes direct staff supervision, surveillance enhancements and physical barriers that allow for close supervision and controlled movement in a treatment setting for preadjudicated juveniles and juveniles adjudicated as delinquent.
(1949 Rev., S. 2802; 1959, P.A. 28, S. 52; 1967, P.A. 630, S. 1; 1969, P.A. 794, S. 1; 1971, P.A. 72, S. 14; P.A. 75-602, S. 1, 13; P.A. 76-436, S. 668, 681; P.A. 77-577, S. 4; P.A. 79-567, S. 1, 7; 79-581, S. 1; P.A. 80-401, S. 4; P.A. 85-226, S. 1; P.A. 87-373, S. 13; P.A. 90-161, S. 1, 6; 90-240, S. 2, 6; 90-325, S. 19, 32; P.A. 91-303, S. 11, 22; June Sp. Sess. P.A. 92-1, S. 2; June Sp. Sess. P.A. 92-3; P.A. 93-91, S. 1, 2; 93-340, S. 16; P.A. 95-225, S. 9; P.A. 97-319, S. 18, 22; P.A. 98-256, S. 1; P.A. 00-177, S. 1, 5; P.A. 02-109, S. 1; 02-132, S. 18; P.A. 05-250, S. 1; June Sp. Sess. P.A. 07-4, S. 73; Sept. Sp. Sess. P.A. 09-7, S. 69, 82; June Sp. Sess. P.A. 10-1, S. 28; P.A. 11-71, S. 7–10; 11-157, S. 9–12; 11-240, S. 2, 3; June 12 Sp. Sess. P.A. 12-1, S. 266, 267; P.A. 14-186, S. 5; P.A. 16-147, S. 7; June Sp. Sess. P.A. 17-2, S. 146; P.A. 18-31, S. 25, 26; P.A. 19-187, S. 8; P.A. 21-104, S. 24; 21-174, S. 1; June Sp. Sess. P.A. 21-1, S. 5; P.A. 22-115, S. 17.)
History: 1959 act amended definition of child and substituted circuit court for town, city, police or borough courts; 1967 act changed definition of dependent child's home from “poverty” to “financial instability” for “specialized care” and redefined child; 1969 act redefined “delinquent” child, substituted “financial inability” for “financial instability” in definition of “dependent” child, substituted educational and emotional deprivation for mental neglect in definition of “neglected” child and deleted reference to living under evil associations of home conditions and redefined “uncared for” child to delete reference to child whose home is unsuitable or who cannot support himself legally or without subjecting himself to conditions prejudicial to normal development; 1971 act redefined “child” to omit those between 16 and 18 years old who have been transferred from circuit court to superior court jurisdiction; P.A. 75-602 defined “youth”, added reference to “neglected” youths and “uncared for” youths and redefined “uncared for” to include reference to home which cannot perform specialized care needed and to specify that treatment by Christian Science practitioner does not constitute neglect or maltreatment; P.A. 76-436 replaced reference to juvenile court with reference to superior court, effective July 1, 1978; P.A. 77-577 defined “abused” and added reference to abused child in definition of “neglected” child; P.A. 79-567 defined “family with service needs” and amended definition of “delinquent” child accordingly; P.A. 79-581 defined “serious juvenile offense” and “serious juvenile offender”; Sec. 17-53 temporarily renumbered as Sec. 51-301 and ultimately transferred to Sec. 46b-120 in 1979; P.A. 80-401 changed effective date of P.A. 79-567 from July 1, 1980 to July 1, 1981; P.A. 85-226 amended definition of “delinquent” by deleting exception for order entered in matter relating to a family with service needs; P.A. 87-373 redefined “serious juvenile offense” to include a violation of Sec. 21a-277 or 21a-278; P.A. 90-161 added definitions re “alcohol-dependent child” and “drug-dependent child”; P.A. 90-240 substituted “mentally deficient” for “defective”, deleted the phrase “defect of intelligence” and substituted “truant or habitual truant”, as defined, for “habitually truant”; P.A. 90-325 changed effective date of P.A. 90-240 from July 1, 1990, to July 1, 1991; P.A. 91-303 removed a cite to Sec. 10-198a for the definition of truant and habitual truant; June Sp. Sess. P.A. 92-1 amended definition of “serious juvenile offense” to include a violation of Sec. 53a-217b; June Sp. Sess. P.A. 92-3 amended definition of “serious juvenile offense” to include violations of Secs. 29-35, 53a-94a, 53a-102a, 53a-103a, 53a-212 and 53a-216; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-340 amended definition of “family with service needs” to add Subpara. (E) re a child who is 13 years of age or older and has engaged in sexual intercourse with another person within a certain age range; P.A. 95-225 inserted Subdiv. indicators, revising Subpara. indicators accordingly for statutory consistency, added definition of “delinquent act”, amended the definition of “serious juvenile offense” to include violations of Secs. 29-33, 29-34, 53-21, 53-202b and 53-202c and include running away from any secure placement other than home while “referred as a delinquent child to the Office of Alternative Sanctions”, amended the definition of “serious juvenile offender” to replace “adjudicated a delinquent child” with “convicted as delinquent” and added definition of “serious juvenile repeat offender”; P.A. 97-319 redefined “abused” to include exploitation of a child or youth, effective July 1, 1997; P.A. 98-256 amended the definition of “child” in Subdiv. (1) to add definition of child for purposes of delinquency matters, amended the definition of a child found “delinquent” in Subdiv. (5) to replace “found” with “convicted as” and to include a child who has violated conditions of probation ordered by the court and amended the definition of “serious juvenile offense” in Subdiv. (11) to include a violation of Sec. 53a-136a; P.A. 00-177 added new Subdiv. (3) defining “youth in crisis”, renumbered Subdivs. (3) to (15), inclusive, as (4) to (16), and made changes throughout section for purposes of gender neutrality, effective July 1, 2001; P.A. 02-109 redefined “youth” in Subdiv. (2) by replacing “sixteen to eighteen” with “sixteen or seventeen” years of age, redefined “youth in crisis” in Subdiv. (3) by inserting “youth” in place of a specific age range and made technical changes, effective June 7, 2002; P.A. 02-132 made technical changes throughout and replaced “Office of Alternative Sanctions” with “Court Support Services Division” in Subdiv. (12); P.A. 05-250 added exception re provisions of Sec. 46b-148 in Subdiv. (6)(B) and made technical changes, effective October 1, 2007; June Sp. Sess. P.A. 07-4 redefined “child” for purposes of delinquency matters and proceedings to include children under “eighteen” years of age, instead of “sixteen”, and rewrote provisions, deleted definition of “youth in crisis” in former Subdiv. (3) and renumbered existing Subdivs. accordingly, redefined a child who may be convicted as “delinquent”, “delinquent act”, “serious juvenile offense”, and “serious juvenile repeat offender”, substituted “alcohol-dependent” for “alcohol-dependent child” and “drug-dependent” for “drug-dependent child”, and made technical changes, effective January 1, 2010; Sept. Sp. Sess. P.A. 09-7 redefined “child”, “youth”, “youth in crisis”, “convicted as delinquent”, “family with service needs” and “delinquent act” and made technical changes, effective January 1, 2010, and further amended said definitions to include children 17 years of age and deleted definition of “youth in crisis”, effective July 1, 2012 (Revisor's note: In Subdiv. (2), the words “who has not been legally emancipated” were inadvertently dropped from the version effective July 1, 2012, and were restored editorially by the Revisors for accuracy); June Sp. Sess. P.A. 10-1 redefined “child” in Subdiv. (1), child who may be convicted as “delinquent” in Subdiv. (5), “family with service needs” in Subdiv. (7), “delinquent act” in Subdiv. (10), and “serious juvenile offense” in Subdiv. (11), effective June 22, 2010; P.A. 11-71 amended Subdiv. (5) re definition of child who may be convicted as “delinquent” to add exception in Subpara. (B)(i)(I) for infraction under Sec. 21a-267(d) and exception in Subpara. (B)(i)(II) for violation under Sec. 21a-279a(a), and amended Subdiv. (10) re definition of “delinquent act” to add exception in Subpara. (B)(i) for infraction under Sec. 21a-267(d) and exception in Subpara. (B)(ii) for violation under Sec. 21a-279a(a), effective July 1, 2011; P.A. 11-157 amended Subdivs. (5) and (10) to add reference to Secs. 53a-222, 53a-222a, 53a-223 and 53a-223a, amended Subdiv. (10)(C) to (E) to delete “or older” re age of 17, and amended Subdiv. (11) to add reference to Secs. 53a-64aa, 53a-64bb and 53a-100aa, effective October 1, 2011, and further amended section to redefine “child” in Subdiv. (1), child who may be convicted as “delinquent” in Subdiv. (5), “family with service needs” in Subdiv. (7), “delinquent act” in Subdiv. (10), and “serious juvenile offense” in Subdiv. (11), effective July 1, 2012; P.A. 11-240 deleted former Subdiv. (3) re definition of “abused” and renumbered existing Subdivs. (4) and (5) as Subdivs. (3) and (4), deleted former Subdiv. (6) re definition of “dependent” and renumbered existing Subdivs. (7) and (8) as Subdivs. (5) and (6), amended Subdiv. (6) by deleting former Subpara. (D) re abused child or youth and adding exception for impoverished child or youth, added new Subdiv. (7) restating definition of “abused”, and renumbered existing Subdivs. (9) to (15) as Subdivs. (8) to (14), effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 redefined “child” in Subdiv. (1) and “family with service needs” in Subdiv. (5); P.A. 14-186 amended Subdiv. (8) to redefine child or youth may be found “uncared for” by inserting Subpara. (A) and (B) designators and adding Subpara. (C) re child or youth identified as victim of trafficking; P.A. 16-147 redefined “family with service needs” in Subdiv. (5), effective August 15, 2017; June Sp. Sess. P.A. 17-2 redefined “family with service needs” in Subdiv. (5), effective July 1, 2019; P.A. 18-31 deleted Subdiv. (2) defining “youth”, deleted Subdiv. (3) re child found “mentally deficient”, redesignated existing Subdivs. (4) to (14) as Subdivs. (2) to (12), amended redesignated Subdiv. (2) by redefining “delinquent”, amended redesignated Subdiv. (7) by redefining “delinquent act”, amended redesignated Subdiv. (8) by redefining “serious juvenile offense”, added Subdiv. (13) defining “pre-dispositional study”, added Subdiv. (14) defining “probation supervision”, added Subdiv. (15) defining “probation supervision with residential placement”, added Subdiv. (16) defining “risk and needs assessment”, added Subdiv. (17) defining “secure-residential facility”, added Subdiv. (18) defining “staff-secure residential facility”, replaced “convicted” with “adjudicated”, deleted references to youth, and made a technical change, effective July 1, 2018, and amended redesignated Subdiv. (3) by redefining “family with service needs”, effective July 1, 2019; P.A. 19-187 redefined “family with service needs” in Subdiv. (3), effective July 1, 2019; P.A. 21-104 added Subdiv. (19) defining “juvenile residential center”, effective January 1, 2022; P.A. 21-174 redefined “child” in Subdiv. (1) to include any person at least 10 years of age, effective July 1, 2021; June Sp. Sess. P.A. 21-1 redefined “child” by adding exception for “a first or second offense under subdivision (1) of subsection (b) of section 21a-279a” in Subdiv. (2)(A)(i) and in Subdiv. (2)(B) by adding same exception as Subpara. (B)(i)(VI), deleting in Subpara. (B)(i)(I) exception for an infraction under Sec. 21a-267(d) and deleting in Subpara. (B)(i)(II) exception for a violation under 21a-279a(a) and redefined “delinquent act” by adding exception for “a first or second offense under subdivision (1) of subsection (b) of section 21a-279a” in Subdiv. (7)(A) and in Subdiv. (7)(B) by adding same exception as clause (vi), deleting in clause (i) exception for an infraction under Sec. 21a-267(d) and deleting in clause (ii) exception for a violation under 21a-279a(a), effective July 1, 2021; P.A. 22-115 redefined “serious juvenile offense” by replacing reference to Sec. 53a-123(a)(3) with reference to Sec. 53a-123(a)(2) in Subdiv. (8).
Annotations to former section 17-53:
Cited. 154 C. 644; 158 C. 439.
“Uncared for” is not limited to “uncared for by each living biological parent”, but can include being cared for by close relative with the consent of biological parent. 33 CS 100.
Annotations to present section:
Cited. 187 C. 431; 189 C. 276; 195 C. 303; Id., 344; 199 C. 693; 204 C. 630; 206 C. 323; Id., 346; 207 C. 270; Id., 725; 210 C. 435; 211 C. 151; Id., 289; 214 C. 454; 215 C. 277; Id., 739; 221 C. 903; 223 C. 492; 229 C. 691; 237 C. 364; 240 C. 727; Id., 743. In predictive neglect proceedings, trial court must find with respect to each parent who has entered a plea contesting the neglect petition and who has expressed a willingness to care for the child independently of the other parent, if the child were to remain in that parent's independent care, the child would be denied proper care and attention, physically, educationally, emotionally or morally or would be permitted to live under conditions, circumstances or associations injurious to the well-being of the child; if the parents indicate they intend to care for the child jointly or if a court discredits a claim that a parent will care for the child independently, the court may treat the parents as a single unit. 305 C. 633. Definition of “abused”, when applied to teacher's cheek-pinching and name-calling behavior toward student, is not unconstitutionally void for vagueness because teacher had fair notice that such conduct constitutes emotional abuse. 312 C. 393.
Cited. 1 CA 378; 2 CA 705; 3 CA 158; Id., 194; 9 CA 98; 10 CA 428; 11 CA 507; 18 CA 806; 23 CA 410. Where statutory requirements are met, a mother's prenatal conduct can be basis of a finding of neglect or termination of parental rights. 25 CA 586; judgment reversed, see 223 C. 492. Cited. 29 CA 600; 32 CA 759; 36 CA 146; 40 CA 216; 45 CA 606; 46 CA 545; 47 CA 64. It is not a constitutional right, but rather a statutory right, to be considered a juvenile. 51 CA 117. Adjudication of neglect may be based on potential risk of harm. 58 CA 119. In a substantiation of abuse hearing, if it is shown that child has sustained a nonaccidental injury as result of parent administered corporal punishment, hearing officer must determine whether the punishment was reasonable and whether parent believed the punishment was necessary to maintain discipline or to promote child's welfare. 86 CA 290. Although no actual harm was done to child, child was neglected within definition of section because the father was not taking his medication as required to remedy his known mental health condition and neither he nor respondent understood, or attempted to learn, extent of the risk that father may have posed to the child in his unmedicated state. 98 CA 797. An adjudication of neglect relates to the status of the child and is not necessarily premised on parental fault, and a finding that a child is neglected is different from finding who is responsible for child's condition of neglect. 121 CA 292; 123 CA 103. Plaintiff-teacher could not have been on notice that his cheek-pinching and name-calling behavior toward a student amounted to child abuse within the meaning of “abused” as interpreted by Department of Children and Families regulations, and as such, the definition of “abused” was unconstitutionally vague as to plaintiff's conduct and placement of plaintiff's name on child abuse and neglect registry based on such definition was unconstitutional. 134 CA 288; judgment reversed, see 312 C. 393. Read together with Sec. 46b-129, sections vest court with authority to enter interim orders that are in the best interests of children. 155 CA 624.
Cited. 35 CS 241; 39 CS 490; Id., 514; 41 CS 23; Id., 505; 42 CS 562; 43 CS 108; Id., 211; Id., 367.
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Sec. 46b-121. (Formerly Sec. 51-302). “Juvenile matters” defined. Authority of court. (a)(1) Juvenile matters in the civil session include all proceedings concerning uncared-for, neglected or abused children within this state, termination of parental rights of children committed to a state agency, adoption proceedings pursuant to section 46b-129b, matters concerning families with service needs, contested matters involving termination of parental rights or removal of guardian transferred from the Probate Court and the emancipation of minors, but does not include matters of guardianship and adoption or matters affecting property rights of any child over which the Probate Court has jurisdiction, except that appeals from probate concerning adoption, termination of parental rights and removal of a parent as guardian shall be included.
(2) (A) Juvenile matters in the criminal session include all proceedings concerning delinquent children within this state and persons eighteen years of age and older who are under the supervision of a juvenile probation officer while on probation supervision or probation supervision with residential placement, for purposes of enforcing any court orders entered as part of such probation.
(B) A juvenile who has been placed on probation supervision is subject to the continuing jurisdiction of the court and may be subject to other reasonable court-ordered restrictions or conditions and required to participate in a variety of appropriate programmatic services.
(C) A juvenile who has been placed on probation supervision with residential placement is subject to the continuing jurisdiction of the court and may be subject to other reasonable court-ordered restrictions or conditions and required to participate in a variety of appropriate programmatic services.
(b) (1) In juvenile matters, the Superior Court shall have authority to make and enforce such orders directed to parents, including any person who acknowledges before the court parentage of a child born to parents not married to each other, guardians, custodians or other adult persons owing some legal duty to a child therein, as the court deems necessary or appropriate to secure the welfare, protection, proper care and suitable support of a child subject to the court's jurisdiction or otherwise committed to or in the custody of the Commissioner of Children and Families. The Superior Court may order a local or regional board of education to provide to the court educational records of a child for the purpose of determining the need for services or placement of the child. In proceedings concerning a child charged with a delinquent act or with being from a family with service needs, records produced subject to such an order shall be maintained under seal by the court and shall be released only after a hearing or with the consent of the child. Educational records obtained pursuant to this section shall be used only for dispositional purposes. In addition, with respect to proceedings concerning delinquent children, the Superior Court shall have authority to make and enforce such orders as the court deems necessary or appropriate to provide individualized supervision, care, accountability and treatment to such child in a manner consistent with public safety, deter the child from the commission of further delinquent acts, ensure that the child is responsive to the court process, ensure that the safety of any other person will not be endangered and provide restitution to any victim. The Superior Court shall also have authority to grant and enforce temporary and permanent injunctive relief in all proceedings concerning juvenile matters.
(2) If any order for the payment of money is issued by the Superior Court, including any order assessing costs issued under section 46b-134 or 46b-136, the collection of such money shall be made by the court, except orders for support of children committed to any state agency or department, which orders shall be made payable to and collected by the Department of Administrative Services. If the Superior Court after due diligence is unable to collect such moneys within six months, the court shall refer such case to the Department of Administrative Services for collection as a delinquent account. In juvenile matters, the Superior Court shall have authority to make and enforce orders directed to persons liable hereunder on petition of the Department of Administrative Services made to the court in the same manner as is provided in section 17b-745, in accordance with the provisions of section 17b-81 or 17b-223, subsection (b) of section 17b-179 or section 17a-90, 46b-129 or 46b-130, and all of the provisions of section 17b-745 shall be applicable to such proceedings.
(3) In the enforcement of the court's orders, in connection with any juvenile matter, the court may issue process for the arrest of any person, compel attendance of witnesses and punish for contempt by a fine not exceeding one hundred dollars or imprisonment not exceeding six months.
(1949 Rev., S. 2805; 1953, 1955, S. 1576d; 1969, P.A. 483; P.A. 75-171, S. 1, 2; 75-602, S. 3, 13; P.A. 76-436, S. 14, 681; P.A. 77-576, S. 41, 65; 77-614, S. 71, 610; P.A. 79-567, S. 2, 7; P.A. 80-70, S. 3; 80-401, S. 4; P.A. 82-472, S. 128, 183; P.A. 87-421, S. 9, 13; P.A. 89-219, S. 2, 10; 89-273, S. 1; P.A. 93-91, S. 1, 2; P.A. 95-225, S. 10; 95-254, S. 2; P.A. 98-256, S. 10; P.A. 00-170, S. 33, 42; 00-177, S. 2, 5; P.A. 06-196, S. 172; June Sp. Sess. P.A. 07-4, S. 74; Sept. Sp. Sess. P.A. 09-7, S. 70, 83; P.A. 11-157, S. 13; 11-240, S. 5, 6; P.A. 12-82, S. 17; P.A. 16-147, S. 6; P.A. 18-31, S. 27; P.A. 21-15, S. 116.)
History: 1969 act added exception re collection of money under support order by central collections division of finance and control department for children committed to care of welfare commissioner and added provision re petitions to juvenile court made by central collections division; P.A. 75-171 referred to children committed to “any state agency or department” rather than specifically to welfare commissioner; P.A. 75-602 added references to youths, made specific reference to children and youths in custody of children and youth services commissioner and specified that court has power to grant and enforce injunctive relief; P.A. 76-436 amended section to transfer juvenile court's powers to superior court, effective July 1, 1978; P.A. 77-576 included termination of parental rights of children committed to state agency and contested termination of parental rights transferred from probate court as juvenile matters; P.A. 77-614 replaced central collections division of finance and control department with department of administrative services; P.A. 79-567 specified that matters concerning families with service needs are to be considered as juvenile matters; Sec. 17-59 temporarily renumbered as Sec. 51-302 and ultimately transferred to Sec. 46b-121 in 1979; P.A. 80-70 updated sections referred to in provisions re petition to court; P.A. 80-401 changed effective date of P.A. 79-567 from July 1, 1980, to July 1, 1981; P.A. 82-472 replaced obsolete reference to “division” with “department of administrative services”; P.A. 87-421 removed a reference to Sec. 17-295a which was repealed by the same act; P.A. 89-219 added provision requiring the assessment of a fee of $200 whenever the services of the probation staff for juvenile matters is required; P.A. 89-273 included any order assessing costs issued under Sec. 46b-134 or 46b-136 among orders for the payment of money which the court is responsible for collecting on, required the court to refer any case where after due diligence it is unable to collect the moneys due within six months to the department of administrative services for collection as a delinquent account, and added provision re the authority of the court to enforce its orders through issuing process for the arrest of a person, compelling the attendance of witnesses and punishing for contempt, formerly Sec. 46b-148(a); P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 95-225 inserted Subsec. indicators, amended Subsec. (a) to provide that the matters specified constitute juvenile matters “in the civil session”, delete proceedings concerning “delinquent children” from such matters, include proceedings concerning “the emancipation of minors” in such matters and add provision that juvenile matters in the criminal session include all proceedings concerning delinquent children in the state and amended Subsec. (b) to add provision authorizing the court in proceedings concerning delinquent children to make and enforce orders to punish the child, deter the child from the commission of further delinquent acts, assure that the safety of any other person will not be endangered and provide restitution to any victim; P.A. 95-254 added provision including probate appeals re matters involving termination of parental rights, removal of parent as guardian and adoption; P.A. 98-256 amended Subsec. (a) to provide that juvenile matters in the criminal session include proceedings concerning “persons sixteen years of age and older who are under the supervision of a juvenile probation officer while on probation or a suspended commitment to the Department of Children and Families, for purposes of enforcing any court orders entered as part of such probation or suspended commitment”; P.A. 00-170 amended Subsec. (b) to delete a requirement that the court impose a fee for probation staff services, effective July 1, 2000; P.A. 00-177 extended provisions of section to youth in crisis and made technical changes in Subsec. (b) for purposes of gender neutrality, effective July 1, 2001; P.A. 06-196 made technical changes in Subsec. (a), effective June 7, 2006; June Sp. Sess. P.A. 07-4 inserted Subdiv. designators (1) and (2) in Subsecs. (a) and (b), deleted references to “youth in crisis”, substituted “eighteen years of age” for “sixteen years of age”, and made technical changes, effective January 1, 2010; Sept. Sp. Sess. P.A. 09-7 amended Subsec. (a)(2) to substitute “seventeen years of age” for “eighteen years of age” and amended Subsec. (b)(1) to add provisions re court orders for local or regional boards of education to provide educational records, and re maintenance, release and use of such records, effective January 1, 2010, and further amended Subsec. (a)(2) to substitute “eighteen years of age” for “seventeen years of age”, effective July 1, 2012; P.A. 11-157 amended Subsec. (b) to provide in Subdiv. (2) that no commitment to Department of Children and Families be ordered or continued for child who has attained age of 20, and that any commitment in effect on October 1, 2011, terminate not later than age 20, and to redesignate existing provisions re enforcement of court's orders as Subdiv. (3); P.A. 11-240 amended Subsec. (a)(1) by replacing “dependent” with “abused”, effective July 1, 2011; P.A. 12-82 amended Subsec. (a)(1) to add provision re adoption proceedings pursuant to Sec. 46b-129b (Revisor's note: An internal reference in P.A. 12-82, S. 17, to “section 501 of this act” was determined by the Revisors to properly refer to section 16 of said act and was therefore codified in Subsec. (a)(1) as “section 46b-129b”); P.A. 16-147 amended Subsec. (b)(1) by deleting references to youth, replacing provision re punishing child with provision re providing individualized supervision, care accountability and treatment, adding provision re ensuring child is responsive to court process and making a technical change; P.A. 18-31 amended Subsec. (a) by deleting references to youths in Subdiv. (1), designating existing provisions re proceedings included in juvenile matters in criminal sessions as Subdiv. (2)(A) and amending same by replacing “probation or a suspended commitment to the Department of Children and Families” with “probation supervision or probation supervision with residential placement” and deleting “or suspended commitment”, adding Subdiv. (2)(B) re juvenile placed on probation supervision, and adding Subdiv. (2)(C) re juvenile placed on probation supervision with residential placement, amended Subsec. (b) by deleting provisions re judge granting order that has same force and effect as any other order of Superior Court and termination of commitment to department, effective July 1, 2018; P.A. 21-15 amended Subsec. (b)(1) by replacing “paternity” with “parentage” and “out of wedlock” with “to parents not married to each other”, effective January 1, 2022.
Annotations to former sections 17-59 and 51-302:
If Superior Court could take jurisdiction of charge of rape against child under 16, proceedings must first be had in juvenile court. 115 C. 589. Cited. 158 C. 439; 171 C. 630.
Superior Court may not make orders for support prior to termination of juvenile court commitment. 19 CS 371. Possible for juvenile court, Superior Court and Probate Court to have concurrent jurisdiction concerning the proper custody of a child and fact that Superior Court originally awarded custody in a divorce action does not mean that it retains exclusive jurisdiction over custody of the child. 21 CS 73.
Annotations to present section:
Cited. 195 C. 303; Id., 344; 199 C. 693; 206 C. 323; 211 C. 289; 216 C. 563; 223 C. 384; 224 C. 263. The allegations do not satisfy the jurisdictional predicate of the juvenile matters provision of this section as the court could not reasonably infer from such allegations that the minor child likely would be neglected within this state because she is present in this state only because of another state's action to remove her from her parents' state of residence. 335 C. 745.
Cited. 1 CA 584; 13 CA 626; 22 CA 656; 36 CA 345. In a termination of parental rights proceeding, a court has the authority under section to order the substitution of parties if the court deems substitution necessary to protect the welfare of a child. 167 CA 428.
Section carefully contains some exceptions in grant of jurisdiction over children and youths to Superior Court; these exceptions do not include reservation of mental health commitment power to Probate Court; Probate Court is without jurisdiction to entertain and determine matters involving the mental health commitment of children or youths since the Superior Court for juvenile matters has exclusive jurisdiction over such matters. 35 CS 241. Cited. 43 CS 367.
Subsec. (b):
Subdiv. (1): Trial courts have authority pursuant to Subdiv. to consider motions for posttermination visitation within the context of a termination proceeding and can order such visitation if necessary or appropriate to secure the welfare, protection, proper care and suitable support of the child. 336 C. 545. Subdiv. (1): The proper standard for deciding motions for posttermination visitation is the “necessary or appropriate” standard. 343 C. 642.
Trial court has the power to find in contempt those persons who violate orders pertaining to juvenile matters. 64 CA 55. Subdiv. (1): Plain language of Subdiv. authorizes orders directed at parents whenever their children are subject to the court's jurisdiction, regardless of whether the children have been committed to or are in the custody of the Commissioner of Children and Families. 155 CA 624. Subdiv. (1): Failure of a reviewing committee to abide by the time frames established under Subsec. and Practice Book Sec. 2-35 does not divest trial court of subject matter jurisdiction over attorney disciplinary action. 206 CA 572; judgment reversed in part, see 343 C. 642.
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Sec. 46b-121a. Referral of juvenile matters to state referees. The Superior Court may refer any juvenile matter to a state referee who shall have been a judge of the Superior Court. Any hearing by such referee shall be conducted as provided in section 52-434. Such referee shall have and exercise the powers of the Superior Court in respect to trial, judgment and appeal in cases and matters referred pursuant to this section.
(P.A. 95-225, S. 29.)
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Sec. 46b-121b. Handling of juvenile matters. (a) The Division of Criminal Justice shall have charge of all proceedings concerning juvenile matters in the criminal session of the Superior Court and all proceedings concerning families with service needs in the civil session of the Superior Court.
(b) The Attorney General shall have charge of all proceedings concerning juvenile matters in the civil session of the Superior Court.
(P.A. 95-225, S. 45, 52.)
History: P.A. 95-225 effective July 1, 1996.
See Sec. 51-1d re transfer of duties of “Juvenile Detention Services Division” to Court Support Services Division.
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Secs. 46b-121c to 46b-121g. Reserved for future use.
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Sec. 46b-121h. Goals of juvenile justice system. It is the intent of the General Assembly that the juvenile justice system provide individualized supervision, care, accountability and treatment in a manner consistent with public safety to those juveniles who violate the law. The juvenile justice system shall also promote prevention efforts through the support of programs and services designed to prevent re-offending. The goals of the juvenile justice system shall be to:
(1) Hold juveniles accountable for their unlawful behavior;
(2) Provide secure and therapeutic confinement to those juveniles who present a danger to the community;
(3) Adequately protect the community and juveniles;
(4) Provide programs and services that are community-based and in close proximity to the juvenile's community;
(5) Maintain and support juveniles within their homes whenever possible and appropriate;
(6) Base probation case planning upon individual risks and needs;
(7) Include the juvenile's family in case planning;
(8) Provide supervision and service coordination where appropriate and implement and monitor the case plan in order to discourage reoffending;
(9) Provide follow-up and community-based services to juveniles who are returned to their families or communities;
(10) Promote the development and implementation of community-based programs designed to prevent reoffending and to effectively minimize the depth and duration of the juvenile's involvement in the juvenile justice system; and
(11) Create and maintain programs for juveniles that (A) are developmentally appropriate, trauma informed and gender responsive, and (B) incorporate restorative principles and practices.
(P.A. 95-225, S. 1, 52; P.A. 01-181, S. 2; P.A. 18-31, S. 28.)
History: P.A. 95-225 effective July 1, 1996; P.A. 01-181 amended Subdiv. (10) by adding “including, but not limited to, mental health services” and added Subdiv. (11) re creation and maintenance of programs for juvenile offenders that are gender specific; P.A. 18-31 replaced provision re needs of juveniles charged with delinquent act with provision re preventing re-offending, amended Subdiv. (5) by replacing “retain” with “maintain”, amended Subdiv. (6) by replacing “treatment planning upon individual case management plans” with “case planning upon individual risks and needs”, amended Subdiv. (7) by replacing “case management plan” with “case planning”, amended Subdiv (8) by replacing “case management plan” with “case plan”, amended Subdiv. (9) by replacing “nonresidential postrelease” with “community-based”, amended Subdiv. (10) by deleting reference to mental health services and replacing “unlawful behavior” with “reoffending”, amended Subdiv. (11) by deleting provision re gender specific programs, adding Subpara. (A) re programs that are developmentally appropriate, trauma informed and gender responsive and adding Subpara. (B) re programs that incorporate restorative principles and practices, and made technical changes, effective July 1, 2018.
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Secs. 46b-121i and 46b-121j. Duties and responsibilities of the Judicial Department in providing programs and services to the juvenile justice system. Programs and probation treatment services for juvenile offenders. Sections 46b-121i and 46b-121j are repealed, effective July 1, 2018.
(P.A. 95-225, S. 2–4, 52; P.A. 02-132, S. 19; P.A. 18-31, S. 43.)
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Sec. 46b-121k. Programs, services and facilities for juvenile offenders. (a)(1) The Judicial Branch shall develop a continuum of community-based programs for the reduction of delinquency among juveniles. When appropriate, the Judicial Branch shall coordinate such programs with the Department of Children and Families, the State Department of Education, the Department of Mental Health and Addiction Services, the Department of Social Services and the Department of Developmental Services, and any other agencies as necessary.
(2) The continuum of community-based programs shall be designed to address the individual risks and needs of juveniles, shall have the capacity to take into account each juvenile's history, age, maturity and social development, gender, mental health, alcohol or drug use, need for structured supervision and other characteristics, and shall be culturally appropriate, trauma-informed and provided in the least restrictive environment possible in a manner consistent with public safety. The Judicial Branch shall develop programs that provide research and evidence-based skills-training and assistance to promote independent living skills, positive activities and social connections in the juveniles' home communities and to address: (A) Anti-sociality, impulse control and behavioral problems; (B) anger management and nonviolent conflict resolution; (C) alcohol and drug use and dependency; (D) mental health needs; (E) inappropriate sexual behavior; (F) family engagement; (G) academic disengagement; and (H) technical and vocational training needs.
(b) The Judicial Branch may establish or contract to establish secure and staff-secure residential facilities for juveniles referred by the court. Such facilities shall be exempt from the licensing requirements of section 17a-145.
(c) The Judicial Branch, as part of a publicly bid contract, may include a requirement that the contractor provide for space necessary for juvenile probation offices and other staff of the Court Support Services Division to perform their duties.
(d) The Judicial Branch may consult with the Commission on Racial and Ethnic Disparity in the Criminal Justice System established pursuant to section 51-10c to address the needs of minorities in the juvenile justice system.
(P.A. 95-225, S. 6, 52; P.A. 98-256, S. 2; P.A. 01-181, S. 3; P.A. 02-132, S. 20; June Sp. Sess. P.A. 07-4, S. 84; Sept. Sp. Sess. P.A. 09-7, S. 92; P.A. 18-31, S. 29.)
History: P.A. 95-225 effective July 1, 1996; P.A. 98-256 amended Subsec. (b) to replace “juveniles sentenced to probation by the court” with “juveniles referred by the court”; P.A. 01-181 added Subsec. (d) re any program developed by Office of Alternate Sanctions designed to prevent or reduce delinquency and crime among juvenile offenders to be gender specific; P.A. 02-132 replaced “Office of Alternative Sanctions” with “Court Support Services Division” in Subsecs. (a), (c) and (d), replaced “director” with “executive director of the Court Support Services Division” in Subsec. (a) and replaced “Office of Alternative Sanctions” with “Judicial Department” in Subsec. (b); June Sp. Sess. P.A. 07-4 inserted new Subdiv. (1) and (2) and Subpara. (A) to (G) designators in Subsec. (a), amended Subsec. (a)(1) re juveniles classified pursuant to risk assessment instrument as those who may be released with or without supervision and coordination of programs with Departments of Children and Families and Mental Health and Addiction Services, rewrote Subsec. (a)(2) re programs and services, and inserted Subsec. (e) re consultation with Commission on Racial and Ethnic Disparity, effective July 1, 2007; Sept. Sp. Sess. P.A. 09-7 substituted “Judicial Branch” for “Judicial Department” and “Court Support Services Division”, amended Subsec. (a) to insert “within the Judicial Branch”, inserted new Subsec. (d) re requirement in publicly bid contract for space necessary for juvenile probation offices and other staff to perform duties, and redesignated existing Subsecs. (d) and (e) as Subsecs. (e) and (f), effective October 5, 2009; P.A. 18-31 amended Subsec. (a)(1) by replacing provisions re programs for prevention and reduction of delinquency with provisions re continuum of community-based programs for reduction of delinquency, deleted former Subsec. (a)(2) re programs tailored to type of juvenile, added new Subsec. (a)(2) re programs designed to address individual risks and needs of juveniles, deleted former Subsecs. (b) to (e), added new Subsec. (b) re secure and staff-secure residential facilities, added new Subsec. (c) re contract requirement for space for probation offices and other staff, redesignated existing Subsec. (f) as new Subsec. (d) and amended same by replacing “shall” with “may”, effective July 1, 2018.
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Sec. 46b-121l. Early intervention projects for juvenile offenders. Section 46b-121l is repealed, effective July 1, 2018.
(P.A. 95-225, S. 7, 52; P.A. 02-132, S. 21; P.A. 18-31, S. 43.)
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Sec. 46b-121m. Evaluation of the costs and benefits of programs serving juvenile offenders. Section 46b-121m is repealed, effective July 1, 2009.
(P.A. 00-172; P.A. 09-205, S. 12.)
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Sec. 46b-121n. Juvenile Justice Policy and Oversight Committee. Reports. (a) There is established a Juvenile Justice Policy and Oversight Committee. The committee shall evaluate policies related to the juvenile justice system and the expansion of juvenile jurisdiction to include persons sixteen and seventeen years of age.
(b) The committee shall consist of the following members:
(1) Two members of the General Assembly, one of whom shall be appointed by the speaker of the House of Representatives, and one of whom shall be appointed by the president pro tempore of the Senate;
(2) The chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary, children, human services and appropriations, or their designees;
(3) The Chief Court Administrator, or the Chief Court Administrator's designee;
(4) A judge of the superior court for juvenile matters, appointed by the Chief Justice;
(5) The executive director of the Court Support Services Division of the Judicial Department, or the executive director's designee;
(6) The executive director of the Superior Court Operations Division, or the executive director's designee;
(7) The Chief Public Defender, or the Chief Public Defender's designee;
(8) The Chief State's Attorney, or the Chief State's Attorney's designee;
(9) The Commissioner of Children and Families, or the commissioner's designee;
(10) The Commissioner of Correction, or the commissioner's designee;
(11) The Commissioner of Education, or the commissioner's designee;
(12) The Commissioner of Mental Health and Addiction Services, or the commissioner's designee;
(13) The Labor Commissioner, or the commissioner's designee;
(14) The Commissioner of Social Services, or the commissioner's designee;
(15) The Commissioner of Public Health, or the commissioner's designee;
(16) The president of the Connecticut Police Chiefs Association, or the president's designee;
(17) The chief of police of a municipality with a population in excess of one hundred thousand, appointed by the president of the Connecticut Police Chiefs Association;
(18) Two child or youth advocates, one of whom shall be appointed by one chairperson of the Juvenile Justice Policy and Oversight Committee, and one of whom shall be appointed by the other chairperson of the Juvenile Justice Policy and Oversight Committee;
(19) Two parents or parent advocates, at least one of whom is the parent of a child who has been involved with the juvenile justice system, one of whom shall be appointed by the minority leader of the House of Representatives, and one of whom shall be appointed by the minority leader of the Senate;
(20) The Victim Advocate, or the Victim Advocate's designee;
(21) The Child Advocate, or the Child Advocate's designee; and
(22) The Secretary of the Office of Policy and Management, or the secretary's designee.
(c) Any vacancy shall be filled by the appointing authority.
(d) The Secretary of the Office of Policy and Management, or the secretary's designee, and a member of the General Assembly selected jointly by the speaker of the House of Representatives and the president pro tempore of the Senate from among the members serving pursuant to subdivision (1) or (2) of subsection (b) of this section shall be cochairpersons of the committee. Such cochairpersons shall schedule the first meeting of the committee, which shall be held not later than sixty days after June 13, 2014.
(e) Members of the committee shall serve without compensation, except for necessary expenses incurred in the performance of their duties.
(f) Not later than January 1, 2015, the committee shall report, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, the judiciary, human services and children, and the Secretary of the Office of Policy and Management, regarding the following:
(1) Any statutory changes concerning the juvenile justice system that the committee recommends to (A) improve public safety; (B) promote the best interests of children and youths who are under the supervision, care or custody of the Commissioner of Children and Families or the Court Support Services Division of the Judicial Department; (C) improve transparency and accountability with respect to state-funded services for children and youths in the juvenile justice system with an emphasis on goals identified by the committee for community-based programs and facility-based interventions; and (D) promote the efficient sharing of information between the Department of Children and Families and the Judicial Department to ensure the regular collection and reporting of recidivism data and promote public welfare and public safety outcomes related to the juvenile justice system;
(2) A definition of “recidivism” that the committee recommends to be used by state agencies with responsibilities with respect to the juvenile justice system, and recommendations to reduce recidivism for children and youths in the juvenile justice system;
(3) Short-term goals to be met within six months, medium-term goals to be met within twelve months and long-term goals to be met within eighteen months, for the Juvenile Justice Policy and Oversight Committee and state agencies with responsibilities with respect to the juvenile justice system to meet, after considering existing relevant reports related to the juvenile justice system and any related state strategic plan;
(4) The impact of legislation that expanded the jurisdiction of the juvenile court to include persons sixteen and seventeen years of age, as measured by the following:
(A) Any change in the average age of children and youths involved in the juvenile justice system;
(B) The types of services used by designated age groups and the outcomes of those services;
(C) The types of delinquent acts or criminal offenses that children and youths have been charged with since the enactment and implementation of such legislation; and
(D) The gaps in services identified by the committee with respect to children and youths involved in the juvenile justice system, including, but not limited to, children and youths who have attained the age of eighteen after being involved in the juvenile justice system, and recommendations to address such gaps in services; and
(5) Strengths and barriers identified by the committee that support or impede the educational needs of children and youths in the juvenile justice system, with specific recommendations for reforms.
(g) Not later than July 1, 2015, the committee shall report, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, the judiciary, human services and children, and the Secretary of the Office of Policy and Management, regarding the following:
(1) The quality and accessibility of diversionary programs available to children and youths in this state, including juvenile review boards and services for a child or youth who is a member of a family with service needs;
(2) An assessment of the system of community-based services for children and youths who are under the supervision, care or custody of the Commissioner of Children and Families or the Court Support Services Division of the Judicial Department;
(3) An assessment of the congregate care settings that are operated privately or by the state and have housed children and youths involved in the juvenile justice system in the past twelve months;
(4) An examination of how the state Department of Education and local boards of education, the Department of Children and Families, the Department of Mental Health and Addiction Services, the Court Support Services Division of the Judicial Department, and other appropriate agencies can work collaboratively through school-based efforts and other processes to reduce the number of children and youths who enter the juvenile justice system;
(5) An examination of practices and procedures that result in disproportionate minority contact, as defined in section 4-68y, within the juvenile justice system;
(6) A plan to provide that all facilities and programs that are part of the juvenile justice system and are operated privately or by the state provide results-based accountability;
(7) An assessment of the number of children and youths who, after being under the supervision of the Department of Children and Families, are convicted as delinquent; and
(8) An assessment of the overlap between the juvenile justice system and the mental health care system for children.
(h) The committee shall complete its duties under this section after consultation with one or more organizations that focus on relevant issues regarding children and youths, such as the University of New Haven and any of the university's institutes. The committee may accept administrative support and technical and research assistance from any such organization. The committee shall work in collaboration with any results first initiative implemented pursuant to section 2-111 or any public or special act.
(i) The committee shall establish a time frame for review and reporting regarding the responsibilities outlined in subdivision (5) of subsection (f) of this section, and subdivisions (1) to (7), inclusive, of subsection (g) of this section. Each report submitted by the committee shall include specific recommendations to improve outcomes and a timeline by which specific tasks or outcomes must be achieved.
(j) The committee shall implement a strategic plan that integrates the short-term, medium-term and long-term goals identified pursuant to subdivision (3) of subsection (f) of this section. As part of the implementation of such plan, the committee shall collaborate with any state agency with responsibilities with respect to the juvenile justice system, including, but not limited to, the Departments of Education, Mental Health and Addiction Services, Correction and Children and Families and the Labor Department and Judicial Department, and municipal police departments. Not later than January 1, 2016, the committee shall report such plan, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, the judiciary, human services and children, and the Secretary of the Office of Policy and Management, regarding progress toward the full implementation of such plan and any recommendations concerning the implementation of such identified goals by any state agency with responsibilities with respect to the juvenile justice system or municipal police departments.
(k) Not later than January 1, 2017, the committee shall submit a report, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, the judiciary, human services and children and the Secretary of the Office of Policy and Management, regarding a plan that includes cost options for the development of a community-based diversion system. Such plan shall include recommendations to address issues concerning mental health and juvenile justice. The plan shall include recommendations regarding the following:
(1) Diversion of children who commit crimes, excluding serious juvenile offenses, from the juvenile justice system;
(2) Identification of services that are evidence-based, trauma-informed and culturally and linguistically appropriate;
(3) Expansion of the capacity of juvenile review boards to accept referrals from municipal police departments and schools and implement restorative practices;
(4) Expansion of the provision of prevention, intervention and treatment services by youth service bureaus;
(5) Expansion of access to in-home and community-based services;
(6) Identification and expansion of services needed to support children who are truant or exhibiting behaviors defiant of school rules and enhance collaboration between school districts and community providers in order to best serve such children;
(7) Expansion of the use of memoranda of understanding pursuant to section 10-233m between local law enforcement agencies and local and regional boards of education;
(8) Expansion of the use of memoranda of understanding between local and regional boards of education and community providers for provision of community-based services;
(9) Recommendations to ensure that children in the juvenile justice system have access to a full range of community-based behavioral health services;
(10) Reinvestment of cost savings associated with reduced incarceration rates for children and increased accessibility to community-based behavioral health services;
(11) Reimbursement policies that incentivize providers to deliver evidence-based practices to children in the juvenile justice system;
(12) Recommendations to promote the use of common behavioral health screening tools in schools and communities;
(13) Recommendations to ensure that secure facilities operated by the Department of Children and Families or the Court Support Services Division of the Judicial Department and private service providers contracting with said department or division to screen children in such facilities for behavioral health issues; and
(14) Expansion of service capacities informed by an examination of grant funds and federal Medicaid reimbursement rates.
(l) The committee shall establish a data working group to develop a plan for a data integration process to link data related to children across executive branch agencies, through the Office of Policy and Management's integrated data system, and the Judicial Department through the Court Support Services Division, for purposes of evaluation and assessment of programs, services and outcomes in the juvenile justice system. Membership of the working group shall include, but not be limited to, the Commissioners of Children and Families, Correction, Education and Mental Health and Addiction Services, or their designees; the Chief State's Attorney, or the Chief State's Attorney's designee; the Chief Public Defender, or the Chief Public Defender's designee; the Secretary of the Office of Policy and Management, or the secretary's designee; and the Chief Court Administrator of the Judicial Branch, or the Chief Court Administrator's designee. Such working group shall include persons with expertise in data development and research design. The plan shall include cost options and provisions to:
(1) Access relevant data on juvenile justice populations;
(2) Coordinate the handling of data and research requests;
(3) Link the data maintained by executive branch agencies and the Judicial Department for the purposes of facilitating the sharing and analysis of data;
(4) Establish provisions for protecting confidential information and enforcing state and federal confidentiality protections and ensure compliance with related state and federal laws and regulations;
(5) Develop specific recommendations for the committee on the use of limited releases of client specific data sharing across systems, including with the Office of Policy and Management, the Division of Criminal Justice, the Departments of Children and Families, Education and Mental Health and Addiction Services, the Judicial Department and other agencies; and
(6) Develop a standard template for memoranda of understanding for data-sharing between executive branch agencies, the Judicial Department, and when necessary, researchers outside of state government.
(m) (1) The committee shall periodically request, receive and review information regarding conditions of confinement, including services available, for persons under eighteen years of age detained at the John R. Manson Youth Institution, Cheshire.
(2) Not later than October 1, 2018, the committee shall submit a report, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, the judiciary, human services and children and the Secretary of the Office of Policy and Management on current conditions of confinement, including services available, for persons under eighteen years of age who are detained or incarcerated in correctional facilities, juvenile secure facilities and other out-of-home placements in the juvenile and criminal justice systems. The report shall include, but need not be limited to, a description of any gaps in services and the continued availability and utilization of mental health, education, rehabilitative and family engagement services.
(n) Not later than January 1, 2020, the committee shall submit a report, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, the judiciary, human services and children and the Secretary of the Office of Policy and Management regarding a juvenile justice reinvestment plan. The report shall include a study and make recommendations for the reinvestment of savings realized from the decreased use of incarceration and congregate care towards strategic investments in home-based, school-based and community-based behavioral health services and supports for children diverted from, or involved with, the juvenile justice system.
(o) Not later than January 1, 2019, and annually thereafter, the Department of Correction and the Court Support Services Division of the Judicial Branch shall report to the committee on compliance with the provisions of section 46b-126a. Such reports shall present indicia of compliance in both state facilities and those facilities managed by a private provider under contract with the state, and shall include data on all persons under eighteen years of age who have been removed or excluded from educational settings as a result of alleged behavior occurring in those educational settings.
(p) Not later than January 1, 2019, and annually thereafter, all state agencies that detain or otherwise hold in custody a person under eighteen years of age involved with the juvenile justice or criminal justice system, or that contract for the housing of any person involved with the juvenile justice or criminal justice system under eighteen years of age, shall report to the committee on compliance with the provisions of section 46b-121p. Such reports shall include indicia of compliance in both direct-run and contract facilities, and shall include data on all rearrests and uses of confinements and restraints for youth in justice system custody, as defined in section 10-253.
(q) Not later than July 1, 2018, the committee shall convene a subcommittee to develop a detailed plan concerning the overall coordination, oversight, supervision, and direction of all vocational and academic education services and programs for children in justice system custody, and the provision of education-related transitional support services for children returning to the community from justice system custody. The subcommittee shall consist of:
(1) One person designated by the Commissioner of Education;
(2) One person designated by the executive director of the Court Support Services Division of the Judicial Branch;
(3) One person designated by the Bridgeport School District;
(4) One person designated by the Hartford School District;
(5) One person designated by the Commissioner of Correction;
(6) One person who is an expert in state budgeting and who can assist the subcommittee in obtaining data on relevant expenditures and available resources, designated by the Secretary of the Office of Policy and Management;
(7) Three persons, who are experts with significant career experience in providing and coordinating education in justice-system settings and who are not employees of the state of Connecticut, designated by the chairpersons of the Juvenile Justice Oversight and Planning Committee; and
(8) Two persons representing the interests of students and families, one designated by the executive director of an organization in this state with the mission of stopping the criminalization of this state's children and one designated by the executive director of an organization in this state that advocates for legal rights for the most vulnerable children in this state.
(A) The plan developed pursuant to this subsection shall include, but need not be limited to:
(i) Identification of a single state agency and designation of a program manager within that agency who will be responsible for planning, coordination, oversight, supervision, quality control, legal compliance and allocation of relevant federal and state funds for children in justice system custody;
(ii) A detailed description of how educational services will be provided to children in justice system custody and how education-related supports will be provided to children during transition out of justice system custody, either directly by the single state agency identified by the plan pursuant to clause (i) of this subparagraph or through a state-wide contract with a single nonprofit provider;
(iii) An analysis of resources expended for educating children in justice system custody and for supporting educational success during transitions out of justice system custody, and recommendations for consolidating and reallocating resources towards the oversight, accountability, services and supports provided for in the plan pursuant to this subsection;
(iv) Provisions for ensuring that a range of pathways to educational and economic opportunity are available for children in justice system custody, including at a minimum a traditional high school diploma program, an accelerated credit recovery program, vocational training programs and access to post-secondary educational options;
(v) Specifications for a state-wide accountability and quality control system for schools that serve children in justice system custody. The accountability and quality control system shall include, but need not be limited to:
(I) A specialized school profile and performance report, to be produced annually for each school that serves children in justice system custody. The profiles and performance reports shall be consistent with other accountability systems required by law and shall include criteria and metrics tailored to measuring the quality of schools that serve children in justice system custody. Such metrics shall include, but need not be limited to: Student growth in reading and math; credit accumulation; modified graduation rates and high school equivalent passage rates; school attendance, defined as the percentage of children who are actually physically present in classrooms for school and educational programs; the percentage of students pursuing a high school diploma, an industry-based certification, a recognized high school diploma equivalent, credits for advanced courses and post-secondary education programs; performance in educating children with exceptionalities, including identification of special education needs, the development of best-practices for individualized education programs and the provision of services and supports mandated by individualized education programs; student reenrollment in school or other educational or vocational training programs after leaving justice system custody; student success in post-release high school, post-secondary education, or job-training programs; and compliance with the protocols for support of educational transitions delineated in clause (vi) of this subparagraph;
(II) Identifying achievement benchmarks for each measurement of school quality;
(III) Written standards for educational quality for schools that serve children in custody;
(IV) A program for quality control and evaluation of schools serving children in custody. The program shall include, but need not be limited to, in-person observation and monitoring of each school serving children in justice system custody. The monitoring shall occur at least annually, and shall be conducted by experts in special education and education in justice-system settings;
(V) Provisions for ensuring that each school serving children in justice system custody seeks and obtains external accreditation by a recognized accrediting agency; and
(VI) A set of supports, interventions and remedies that shall be implemented when a school serving children in justice system custody falls consistently or significantly short of quality benchmarks;
(vi) Provisions for ensuring that the state-wide education system for children in justice system custody includes:
(I) The engagement of one or more curriculum development specialists to support learning in schools serving children in justice system custody and to develop a flexible, high-interest, modular curriculum that is aligned with state standards and adapted to the context of educating children in justice system custody;
(II) The engagement of one or more professional development and teacher training specialists to support teachers in schools that serve children in justice system custody; and
(III) The engagement of professional reentry coordinators to support educational success in children returning to the community from justice system custody;
(vii) A protocol for educational support of children transitioning into, and out of, justice system custody. The protocol shall include, but need not be limited to:
(I) Team-based reentry planning for every child in justice system custody;
(II) Clear and ambitious timelines for transfer of educational records at intake and release from justice system custody; and
(III) Timelines for reenrollment and credit transfer;
(viii) Recommendations for any legislation that may be necessary or appropriate to implement the provisions of the plan developed pursuant to this subsection; and
(ix) A timeline for implementation of the plan developed pursuant to this subsection.
(B) The plan developed pursuant to this subsection shall be submitted on or before January 1, 2020, to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a.
(C) For purposes of this subsection: “Justice system custody” means justice system custody, as defined in section 10-253; “school” means any program or institution, or any project or unit thereof, that provides any academic or vocational education programming for any children in justice system custody; and “child” means child, as defined in section 10-253.
(r) The committee shall review methods other states employ to (1) transfer juvenile cases to the regular criminal docket, and (2) detain persons fifteen, sixteen and seventeen years of age whose cases are transferred to the regular criminal docket. Such review shall consider (A) the transfer of juvenile cases to the regular criminal docket and outcomes associated with such transfers, including the impact on public safety and the effectiveness in changing the behavior of juveniles, and (B) preadjudication and postadjudication detention and include an examination of organizational and programmatic alternatives. The committee shall, in accordance with the provisions of section 11-4a, not later than January 1, 2020, report such review including a plan for implementation not later than July 1, 2021, of any recommended changes, including cost options where appropriate to the committee of the General Assembly having cognizance of matters relating to the judiciary.
(P.A. 14-217, S. 79; P.A. 15-183, S. 2; P.A. 16-147, S. 18; P.A. 18-31, S. 7; P.A. 19-32, S. 13; 19-187, S. 2.)
History: P.A. 14-217 effective June 13, 2014; P.A. 15-183 amended Subsec. (b) to redesignate existing Subdiv. (13) as Subdiv. (16) and existing Subdivs. (14) to (17) as Subdivs. (18) to (21) and add new Subdivs. (13) to (15) and (17) re new members, amended Subsec. (c) to delete provision re appointments to be made not later than June 13, 2014, amended Subsec. (h) to delete reference to Subsecs. (f) and (g) and add provision re acceptance of support and assistance, added new Subsec. (j) re implementation of strategic plan and Subsec. (k) re assessment of juvenile justice system, and redesignated existing Subsec. (j) as Subsec. (l) and amended same to add provision re annual reporting after January 1, 2017; P.A. 16-147 amended Subsec. (b) by adding new Subdiv. (20) re Victim Advocate or designee and redesignating existing Subdivs. (20) and (21) as Subdivs. (21) and (22), amended Subsec. (g)(4) by deleting “as a result of being a member of a family with service needs or convicted as delinquent”, amended Subsec. (k) by replacing former provisions re report re assessment of juvenile justice system and recommendations with provisions re report regarding a plan for development of a community-based diversion system, deleted former Subsec. (l) re progress reports re achievement of goals and measures and added new Subsec. (l) re committee to establish data working group to develop plan for a data integration process, effective June 10, 2016; P.A. 18-31 added Subsec. (m) re information on conditions for persons detained at John R. Manson Youth Institution, added Subsec. (n) re report on reinvestment of savings from decreased use of incarceration and congregate care, added Subsec. (o) re report on compliance with Sec. 46b-126a, added Subsec. (p) re report on compliance with Sec. 46b-121p and added Subsec. (q) re subcommittee to develop detailed plan re vocational and academic education services and programs for children in justice system custody and provision of education-related transitional support services, effective June 1, 2018; P.A. 19-32 made a technical change in Subsec. (p); P.A. 19-187 added Subsec. (r) re review and report re methods other states employ to transfer juvenile cases to regular criminal docket and detain 15, 16 and 17 year olds.
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Sec. 46b-121o. Redicivism reduction framework for the juvenile justice system. Not later than January 1, 2017, the Department of Children and Families and the Judicial Department shall work with private providers of services to adopt and adhere to an empirically supported recidivism reduction framework for the juvenile justice system pursuant to this chapter. Such framework shall: (1) Include risk and needs assessment tools; (2) employ treatment matching protocols that assess the needs of the child and risks such child faces; (3) employ cross-agency measurements of program outcomes and training and quality assurance processes; (4) employ program and practice monitoring and accountability; (5) draw from best and evidence-based practices from an inventory of such practices updated by the departments annually; (6) ensure sufficient contract and quality assurance capacity between agencies and private providers; and (7) ensure shared training between agencies and private providers.
(P.A. 16-147, S. 15.)
History: P.A. 16-147 effective June 10, 2016.
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Sec. 46b-121p. Training and monitoring deescalation efforts in secure and congregate care settings. Tracking of arrests and recidivism rates. Not later than January 1, 2017, the Department of Children and Families and the Judicial Department shall:
(1) Develop, provide and monitor the training of their staffs on policies and practices in secure and congregate care settings that promote deescalation and monitor and track successful and unsuccessful deescalation efforts employed in such settings;
(2) Collect baseline data on the number and rate of arrests in secure and congregate care settings based on a child's race and gender and whether the child is considered to be at-risk for recidivism; and
(3) Track and analyze the recidivism rates of all children who have involvement with the juvenile justice system.
(P.A. 16-147, S. 16.)
History: P.A. 16-147 effective June 10, 2016.
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Sec. 46b-121q. Commitment of juvenile offenders. Sentence of probation. Notwithstanding any provision of the general statutes, on and after July 1, 2018, no child, as defined in section 46b-120, who has been convicted as delinquent, as described in section 46b-120, may be committed to the Department of Children and Families as a result of such conviction. The court may sentence any such child to a period of probation that may include, in addition to other orders and conditions set forth in subsections (b) to (e), inclusive, of section 46b-140, a period of placement in a secure, limited secure or nonsecure residential facility.
(June Sp. Sess. P.A. 17-2, S. 321.)
History: June Sp. Sess. P.A. 17-2 effective October 31, 2017.
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Sec. 46b-121r. Comprehensive system of graduated responses provided for juvenile offenders. The Judicial Branch shall expand its contracted-for juvenile justice services to include a comprehensive system of graduated responses with an array of services, sanctions and secure placements available for the court and juvenile probation officers and other staff of the Court Support Services Division to use in order to provide individualized supervision, care, accountability and treatment to any child, as defined in section 46b-120, who has been convicted as delinquent, as described in section 46b-120. The court and juvenile probation officers and other staff of the Court Support Services Division shall apply such services and sanctions and make such secure placements in a manner consistent with public safety in order to (1) deter any such child from the commission of any further delinquent act, and (2) ensure that the safety of any other persons will not be endangered.
(June Sp. Sess. P.A. 17-2, S. 322.)
History: June Sp. Sess. P.A. 17-2 effective October 31, 2017.
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Sec. 46b-121s. Community-based diversion system. There shall be a community-based diversion system developed pursuant to subsection (k) of section 46b-121n.
(P.A. 18-31, S. 1.)
History: P.A. 18-31 effective June 1, 2018.
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Sec. 46b-122. (Formerly Sec. 51-303). Juvenile matters separated from other court business when practicable. Exclusion of persons from hearing. Exceptions. (a) All matters which are juvenile matters, as defined in section 46b-121, shall be kept separate and apart from all other business of the Superior Court as far as is practicable, except matters transferred under the provisions of section 46b-127, which matters shall be transferred to the regular criminal docket of the Superior Court.
(b) Except as provided in subsection (c) of this section, any judge hearing a juvenile matter may, during such hearing, exclude from the room in which such hearing is held any person whose presence is, in the court's opinion, not necessary, except that in delinquency proceedings, any victim shall not be excluded unless, after hearing from the parties and the victim and for good cause shown, which shall be clearly and specifically stated on the record, the judge orders otherwise. For the purposes of this section, “victim” means a person who is the victim of a delinquent act, a parent or guardian of such person, the legal representative of such person or a victim advocate for such person under section 54-220.
(c) Any judge hearing a juvenile matter, in which a child is alleged to be uncared for, neglected, abused or dependent or in which a child is the subject of a petition for termination of parental rights, may permit any person whom the court finds has a legitimate interest in the hearing or the work of the court to attend such hearing. Such person may include a party, foster parent, relative related to the child by blood or marriage, service provider or any person or representative of any agency, entity or association, including a representative of the news media. The court may, for the child's safety and protection and for good cause shown, prohibit any person or representative of any agency, entity or association, including a representative of the news media, who is present in court from further disclosing any information that would identify the child, the custodian or caretaker of the child or the members of the child's family involved in the hearing.
(d) Nothing in this section shall be construed to affect the confidentiality of records of cases of juvenile matters as set forth in section 46b-124 or the right of foster parents to be heard pursuant to subsection (p) of section 46b-129.
(P.A. 76-436, S. 8, 681; P.A. 77-576, S. 42, 65; P.A. 78-379, S. 10, 27; P.A. 95-225, S. 11; P.A. 03-202, S. 7; P.A. 05-169, S. 1; P.A. 09-194, S. 5; P.A. 10-43, S. 30; P.A. 11-51, S. 30; 11-240, S. 7; June 12 Sp. Sess. P.A. 12-1, S. 281.)
History: P.A. 77-576 deleted requirement that juvenile matters be dealt with in facilities separate from other superior court business and authorized hearing of family matters in same facilities as juvenile matters but at separate times to protect confidentiality; P.A. 78-379 deleted provision which authorized hearing of family matters in same facilities as juvenile matters and added provisions which authorized judge to exclude from hearing room persons whose presence is unnecessary and prohibited use of room regularly used for criminal business for hearing of juvenile matter; Sec. 51-303 transferred to Sec. 46b-122 in 1979 and other sections referred to in provisions revised where necessary to reflect their transfer; P.A. 95-225 deleted reference to matters transferred under Sec. “46b-126”, reflecting elimination of transfer provisions from Sec. 46b-126 by same public act, added provision prohibiting exclusion in delinquency proceedings of any victim of the delinquent act, the parents or guardian of the victim and any victim advocate unless the judge specifically orders otherwise, deleted prohibition on hearing a juvenile matter in a room regularly used for the transaction of criminal business and deleted obsolete provisions re transfer of matters from the juvenile court; P.A. 03-202 replaced “shall” with “may” re excluding persons from hearing room and made technical changes; P.A. 05-169 amended exception re exclusion of persons from hearing room by replacing provision re victim of delinquent act, parents or guardian of victim and victim advocate with provision re victim, adding provision re hearing from the parties and the victim and re good cause shown and stated on the record, defining “victim” to mean a person who is the victim of a delinquent act, a parent, guardian or legal representative of such person or an advocate appointed for such person, and making technical changes; P.A. 09-194 designated existing provisions as Subsec. (a), added exception therein for Subsec. (b), added Subsec. (b) establishing pilot program increasing public access to proceedings in which child is allegedly uncared for, neglected, abused or dependent or subject of petition for termination of parental rights and added Subsec. (c) re confidentiality of records of juvenile matters; P.A. 10-43 amended Subsec. (a) to replace “an advocate appointed for such person pursuant to section 54-221” with “a victim advocate for such person under section 54-220”; P.A. 11-51 designated portion of Subsec. (a) re exclusion from hearing room as Subsec. (b), deleted former Subsec. (b) re pilot program, added new Subsec. (c) re attendance of persons court finds has legitimate interest and prohibitions on further disclosure of information, redesignated existing Subsec. (c) as Subsec. (d) and amended same to add reference to right of foster parents to be heard under Sec. 46b-129(o), and made technical changes, effective July 1, 2011; P.A. 11-240 amended Subsec. (b) by deleting reference to “dependent” and making a technical change, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 amended Subsec. (d) to substitute reference to Sec. 46b-129(p) for reference to Sec. 46b-129(o).
Cited. 195 C. 303; Id., 344; 206 C. 323; Id., 346; 211 C. 151; 214 C. 454; 229 C. 691; 237 C. 364.
Cited. 43 CS 38; Id., 367.
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Sec. 46b-122a. Use of mechanical restraints during juvenile proceedings. Statistics concerning use of restraints. There shall be a presumption in juvenile proceedings that all mechanical restraints shall be removed from a preadjudicated detained juvenile prior to and throughout the detainee's appearance in court. In juvenile proceedings, in-court use of mechanical restraints on preadjudicated detainees shall be by order of the court and pursuant to Judicial Branch written policy. The Judicial Branch shall keep statistics on the use of mechanical restraints on juveniles during proceedings and, notwithstanding any provision of section 46b-124, shall provide such statistics to any member of the public upon request, provided any identifying information concerning a juvenile is redacted.
(P.A. 15-183, S. 3.)
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Sec. 46b-123. (Formerly Sec. 51-304). Appointment of staff for juvenile matters. The judges of the Superior Court, or in the discretion of the Chief Court Administrator, a committee of said judges designated by the Chief Court Administrator, shall appoint such probation officers, probation aides, clerks, detention personnel, clerical assistants and other personnel, including supervisory staff, as they deem necessary for the treatment and handling of juvenile matters within the venue districts established under section 46b-142. The Chief Court Administrator may assign, reassign and modify the assignments of such personnel and assign such duties within the Superior Court as he deems necessary for the efficient operation of the courts. Any person serving in any such capacity in the Juvenile Court on July 1, 1978, shall continue to serve in the Superior Court at the compensation he was receiving in the Juvenile Court under the compensation plan established pursuant to section 51-12, for the remainder of any term to which he was appointed. In no event shall the compensation of any such person be affected solely as a result of the transfer of jurisdiction in section 51-164s. Any of such appointees may be discharged by the appointing authority for cause and after hearing. The salaries of each of such officials shall be fixed by the judges, subject to the provisions of section 51-12.
(1949 Rev., S. 2821; 1957, P.A. 651, S. 17; 1967, P.A. 630, S. 4; 1969, P.A. 794, S. 2; P.A. 75-327; P.A. 76-436, S. 10a, 12, 681; P.A. 84-198, S. 4, 7.)
History: 1967 act authorized appointment of “other personnel” and provided for judges to act jointly; 1969 act deleted provisions which stated that records shall be open to inspection only by “persons having a proper interest therein and upon order of the court” and specified that records of juvenile courts established in 1921, 1927 and 1935 shall be included as records subject to provisions applicable to other juvenile records; P.A. 75-327 restated provisions re appointed personnel, adding executive assistant to chief clerk and director of juvenile probation services as state-wide officers and probation aides, clerk, detention personnel and supervisory staff on district level; P.A. 76-436 amended section to reflect transfer of duties from juvenile court to superior court and added provisions authorizing chief court administrator to modify assignments as necessary and specifying that persons transferred to superior court are to receive compensation at same level as received in juvenile court for the remainder of their appointed terms, effective July 1, 1978; Sec. 17-57 temporarily renumbered as Sec. 51-304 and ultimately transferred to Sec. 46b-123 in 1979, and references to other sections within provisions revised as necessary by the Revisors to reflect their transfer; P.A. 84-198 deleted provisions for appointment of a chief clerk in charge of juvenile matters, an executive assistant to such chief clerk, a director of juvenile probation services and such other necessary office personnel, and deleted a provision that the judges or a committee appoint probation officers and other personnel “subject to the provisions of section 46b-125”.
Annotations to former section 17-57:
Cited. 135 C. 413; Id., 516.
The juvenile court is a court of record and as such can speak only through its record; to determine the issues litigated, the record and the memorandum of decision may be searched. 19 CS 428. Cited. 24 CS 358. Court will not allow a fishing expedition into records of the juvenile court. 26 CS 316.
Annotations to present section:
Cited. 181 C. 292.
Cited. 43 CS 367.
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Sec. 46b-123a. Transfer of personnel to Division of Criminal Justice. All persons employed as court advocates, inspectors or investigators, and associated staff, by the Judicial Department on July 1, 1996, shall be transferred to the Division of Criminal Justice on said date.
(P.A. 95-225, S. 49, 52.)
History: P.A. 95-225 effective July 1, 1996.
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Sec. 46b-123b. Transfer of juvenile justice centers to Judicial Department. Juvenile justice centers within the Office of Policy and Management for administrative purposes shall, on and after July 1, 1996, or upon the cessation of receipt of federal funds, whichever is later, be within the Judicial Department.
(P.A. 95-225, S. 44, 52.)
History: P.A. 95-225 effective July 1, 1996.
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Secs. 46b-123c to 46b-123e. Commission on Child Protection; membership; duties. Chief Child Protection Attorney; duties; contracts for legal services. Eligibility for counsel in family relations or juvenile matters; procedure for appointment or assignment. Sections 46b-123c to 46b-123e, inclusive, are repealed, effective July 1, 2011.
(June Sp. Sess. P.A. 05-3, S. 44–46; P.A. 06-187, S. 23, 24; P.A. 07-159, S. 2–4; P.A. 11-51, S. 223.)
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Sec. 46b-123f. Transfer of legal authority over delinquent children committed to the Department of Children and Families to the Judicial Branch. (a) On July 1, 2018, the Judicial Branch shall assume legal authority over any child, as defined in section 46b-120, who is committed to the Department of Children and Families as a delinquent child, as described in subdivision (4) of section 46b-120, as of June 30, 2018, pursuant to an order of the superior court for juvenile matters entered prior to July 1, 2018. Notwithstanding any provision of the general statutes or regulations adopted thereunder or any public or special act, the Court Support Services Division of the Judicial Branch shall thereupon assume the responsibility for the supervision of each such child, and may exercise such powers, duties and functions regarding each such child as set forth in this chapter.
(b) Until further order of the court pursuant to subsection (c) of this section, any such child described in subsection (a) of this section shall be deemed to be on probation pursuant to section 46b-140 for a maximum period not to exceed the period remaining under the delinquency commitment to the Commissioner of Children and Families as of June 30, 2018, and the conditions of parole supervision that the child was subject to on that date shall become interim conditions of probation supervision.
(c) Not later than October 1, 2018, the superior court for juvenile matters shall conduct an in-court review to determine whether the interim conditions of probation supervision shall continue or be modified for the remainder of the period of probation supervision. The court shall give notice to any identified victim of the time and date of any such in-court review. Following the in-court review, the court may order that the interim conditions of probation supervision remain in effect without modification until the end of the period of probation supervision or it may modify such conditions for good cause shown pursuant to section 46b-140a. Notwithstanding any provision of the general statutes, such period of probation shall not extend beyond the period remaining under the commitment to the Commissioner of Children and Families as of June 30, 2018.
(P.A. 18-31, S. 8.)
History: P.A. 18-31 effective July 1, 2018.
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Sec. 46b-124. (Formerly Sec. 51-305). *(See end of section for amended version of subsection (d) and added subsection (o) and effective date.) Confidentiality of records of juvenile matters. Exceptions. (a) For the purposes of this section, “records of cases of juvenile matters” includes, but is not limited to, court records, records regarding juveniles maintained by the Court Support Services Division, records regarding juveniles maintained by an organization or agency that has contracted with the Judicial Branch to provide services to juveniles, records of law enforcement agencies including fingerprints, photographs and physical descriptions, and medical, psychological, psychiatric and social welfare studies and reports by juvenile probation officers, public or private institutions, social agencies and clinics.
(b) All records of cases of juvenile matters, as provided in section 46b-121, except delinquency proceedings, or any part thereof, and all records of appeals from probate brought to the superior court for juvenile matters pursuant to section 45a-186, shall be confidential and for the use of the court in juvenile matters, and open to inspection or disclosure to any third party, including bona fide researchers commissioned by a state agency, only upon order of the Superior Court, except that: (1) Such records shall be available to (A) the attorney representing the child, including the Division of Public Defender Services, in any proceeding in which such records are relevant, (B) the parents or guardian of the child until such time as the child reaches the age of majority or becomes emancipated, (C) an adult adopted person in accordance with the provisions of sections 45a-736, 45a-737 and 45a-743 to 45a-757, inclusive, (D) employees of the Division of Criminal Justice who, in the performance of their duties, require access to such records, (E) employees of the Judicial Branch who, in the performance of their duties, require access to such records, (F) another court under the provisions of subsection (d) of section 46b-115j, (G) the subject of the record, upon submission of satisfactory proof of the subject's identity, pursuant to guidelines prescribed by the Office of the Chief Court Administrator, provided the subject has reached the age of majority or has been emancipated, (H) the Department of Children and Families, (I) the employees of the Division of Public Defender Services who, in the performance of their duties related to Division of Public Defender Services assigned counsel, require access to such records, (J) judges and employees of the Probate Court who, in the performance of their duties, require access to such records, and (K) members and employees of the Judicial Review Council who, in the performance of their duties related to said council, require access to such records; and (2) all or part of the records concerning a youth in crisis with respect to whom a court order was issued prior to January 1, 2010, may be made available to the Department of Motor Vehicles, provided such records are relevant to such order. Any records of cases of juvenile matters, or any part thereof, provided to any persons, governmental or private agencies, or institutions pursuant to this section shall not be disclosed, directly or indirectly, to any third party not specified in subsection (d) of this section, except as provided by court order, in the report required under section 54-76d or 54-91a or as otherwise provided by law.
(c) All records of cases of juvenile matters involving delinquency proceedings, or any part thereof, shall be confidential and for the use of the court in juvenile matters and shall not be disclosed except as provided in this section and section 46b-124a.
*(d) Records of cases of juvenile matters involving delinquency proceedings shall be available to (1) Judicial Branch employees who, in the performance of their duties, require access to such records, (2) judges and employees of the Probate Court who, in the performance of their duties, require access to such records, and (3) employees and authorized agents of state or federal agencies involved in (A) the delinquency proceedings, (B) the provision of services directly to the child, or (C) the delivery of court diversionary programs. Such employees and authorized agents include, but are not limited to, law enforcement officials, community-based youth service bureau officials, state and federal prosecutorial officials, school officials in accordance with section 10-233h, court officials including officials of both the regular criminal docket and the docket for juvenile matters and officials of the Division of Criminal Justice, the Division of Public Defender Services, the Department of Children and Families, if the child is committed pursuant to section 46b-129, provided such disclosure shall be limited to (i) information that identifies the child as the subject of the delinquency petition, or (ii) the records of the delinquency proceedings, when the juvenile court orders the department to provide services to said child, the Court Support Services Division and agencies under contract with the Judicial Branch. Such records shall also be available to (I) the attorney representing the child, including the Division of Public Defender Services, in any proceeding in which such records are relevant, (II) the parents or guardian of the child, until such time as the subject of the record reaches the age of majority, (III) the subject of the record, upon submission of satisfactory proof of the subject's identity, pursuant to guidelines prescribed by the Office of the Chief Court Administrator, provided the subject has reached the age of majority, (IV) law enforcement officials and prosecutorial officials conducting legitimate criminal investigations or seeking an order to detain pursuant to section 46b-133, (V) a state or federal agency providing services related to the collection of moneys due or funding to support the service needs of eligible juveniles, provided such disclosure shall be limited to that information necessary for the collection of and application for such moneys, (VI) members and employees of the Board of Pardons and Paroles and employees of the Department of Correction who, in the performance of their duties, require access to such records, provided the subject of the record has been convicted of a crime in the regular criminal docket of the Superior Court and such records are relevant to the performance of a risk and needs assessment of such person while such person is incarcerated, the determination of such person's suitability for release from incarceration or for a pardon, or the determination of the supervision and treatment needs of such person while on parole or other supervised release, and (VII) members and employees of the Judicial Review Council who, in the performance of their duties related to said council, require access to such records. Records disclosed pursuant to this subsection shall not be further disclosed, except that information contained in such records may be disclosed in connection with bail or sentencing reports in open court during criminal proceedings involving the subject of such information, or as otherwise provided by law.
(e) Records of cases of juvenile matters involving delinquency proceedings, or any part thereof, may be disclosed upon order of the court to any person who has a legitimate interest in the information and is identified in such order. Records disclosed pursuant to this subsection shall not be further disclosed, except as specifically authorized by a subsequent order of the court.
(f) Information concerning a child who is the subject of an order to take such child into custody or other process that has been entered into a central computer system pursuant to subsection (i) of section 46b-133 may be disclosed to employees and authorized agents of the Judicial Branch, law enforcement agencies and the Department of Children and Families, provided the information is limited to a child who has been committed pursuant to section 46b-129, in accordance with policies and procedures established by the Chief Court Administrator.
(g) Information concerning a child who has absconded, escaped or run away from, or failed to return from an authorized leave to, a juvenile residential center or a residential treatment facility in which the child has been placed by a court order in a delinquency case, or for whom an arrest warrant has been issued with respect to the commission of a felony may be disclosed by law enforcement officials.
(h) Nothing in this section shall be construed to prohibit any person employed by the Judicial Branch from disclosing any records, information or files in such employee's possession to any person employed by the Division of Criminal Justice as a prosecutorial official, inspector or investigator who, in the performance of his or her duties, requests such records, information or files, or to prohibit any such employee of said division from disclosing any records, information or files in such employee's possession to any such employee of the Judicial Branch who, in the performance of his or her duties, requests such records, information or files.
(i) Nothing in this section shall be construed to prohibit a party from making a timely objection to the admissibility of evidence consisting of records of cases of juvenile matters, or any part thereof, in any Superior Court or Probate Court proceeding, or from making a timely motion to seal any such record pursuant to the rules of the Superior Court or the rules of procedure adopted under section 45a-78.
(j) A state's attorney shall disclose to the defendant or such defendant's counsel in a criminal prosecution, without the necessity of a court order, exculpatory information and material contained in any record disclosed to such state's attorney pursuant to this section and may disclose, without a court order, information and material contained in any such record which could be the subject of a disclosure order.
(k) (1) Notwithstanding the provisions of subsection (d) of this section, any information concerning a child that is obtained during any mental health screening or assessment of such child, shall be used solely for planning and treatment purposes and shall otherwise be confidential and retained in the files of the entity performing such screening or assessment. Such information may be further disclosed only for the purposes of any court-ordered evaluation or treatment of the child or provision of services to the child, or pursuant to sections 17a-101 to 17a-101e, inclusive, 17b-450, 17b-451 or 51-36a, or to the Court Support Services Division and its contracted quality assurance providers, for program evaluation purposes. Such information shall not be subject to subpoena or other court process for use in any other proceeding or for any other purpose.
(2) Notwithstanding the provisions of subsection (d) of this section, any information concerning a child that is obtained during any detention risk screening of such child shall be used solely for determining the child's risk to public safety as required by subsection (e) of section 46b-133. The information obtained and results of the detention risk screening shall be used for the purpose of making a recommendation to the court regarding the detention of the child and shall otherwise be confidential and retained in the files of the person performing such screening, but shall be disclosed to any attorney of record upon motion and order of the court. Any information and results disclosed upon such motion and order shall be available to any attorney of record for such case. Such information and results shall otherwise not be subject to subpoena or other court process for use in any other proceeding or for any other purpose.
(l) Records of cases of juvenile matters involving delinquency proceedings, or any part thereof, containing information that a child has been adjudicated as delinquent for a violation of subsection (e) of section 1-1h, subsection (c) of section 14-147, subsection (a) of section 14-215, section 14-222, subsection (b) of section 14-223, subsection (a), (b) or (c) of section 14-224, section 14-227a, section 14-227g, subsection (d) of section 21a-267, section 21a-279a, section 30-88a or subsection (b) of section 30-89, shall be disclosed to the Department of Motor Vehicles for administrative use in determining whether administrative sanctions regarding such child's motor vehicle operator's license are warranted. Records disclosed pursuant to this subsection shall not be further disclosed.
(m) Records of cases of juvenile matters involving adoption proceedings, or any part thereof, shall be confidential and may only be disclosed pursuant to sections 45a-743 to 45a-757, inclusive.
(n) Records of cases of juvenile matters involving delinquency proceedings shall be available to a victim of the delinquent act in accordance with the provisions of section 46b-124a.
(1969, P.A. 794, S. 3; P.A. 75-602, S. 2, 13; P.A. 76-436, S. 13, 681; P.A. 77-246, S. 11; 77-486, S. 1, 2, 5; P.A. 78-280, S. 92, 127; 78-318, S. 27; P.A. 79-456; P.A. 80-165, S. 1; P.A. 81-472, S. 82, 159; P.A. 82-140, S. 1; P.A. 93-48; P.A. 94-221, S. 15; July Sp. Sess. P.A. 94-2, S. 10; P.A. 95-225, S. 12; 95-254, S. 3; 95-261, S. 1; P.A. 96-246, S. 35; P.A. 98-70, S. 1; P.A. 99-185, S. 35, 40; P.A. 02-132, S. 22; P.A. 03-202, S. 8; P.A. 04-234, S. 2; P.A. 05-152, S. 9; P.A. 06-187, S. 75; June Sp. Sess. P.A. 07-4, S. 81; Jan. Sp. Sess. P.A. 08-1, S. 23; P.A. 08-86, S. 4; P.A. 10-32, S. 140; 10-43, S. 31; June Sp. Sess. P.A. 10-1, S. 29; P.A. 11-51, S. 15; 11-157, S. 14, 15; P.A. 12-82, S. 18; 12-133, S. 34; P.A. 14-104, S. 10; 14-173, S. 2; P.A. 16-147, S. 4; P.A. 17-99, S. 2; June Sp. Sess. P.A. 17-2, S. 147, 593; P.A. 18-31, S. 30; P.A. 19-32, S. 14; P.A. 21-104, S. 25–27; 21-174, S. 14; P.A. 22-26, S. 9.)
*Note: On and after June 1, 2023, subsections (d) and (o) of this section, as amended by sections 5 and 19 of public act 22-115, are to read as follows:
“(d) Records of cases of juvenile matters involving delinquency proceedings shall be available to (1) Judicial Branch employees who, in the performance of their duties, require access to such records, (2) judges and employees of the Probate Court who, in the performance of their duties, require access to such records, and (3) employees and authorized agents of municipal, state or federal agencies involved in (A) the delinquency proceedings, (B) the provision of services directly to the child, or (C) the delivery of court diversionary programs. Such employees and authorized agents include, but are not limited to, law enforcement officials, community-based youth service bureau officials, state and federal prosecutorial officials, school officials in accordance with section 10-233h, court officials including officials of both the regular criminal docket and the docket for juvenile matters and officials of the Division of Criminal Justice, the Division of Public Defender Services, the Department of Children and Families, if the child is committed pursuant to section 46b-129, provided such disclosure shall be limited to (i) information that identifies the child as the subject of the delinquency petition, or (ii) the records of the delinquency proceedings, when the juvenile court orders the department to provide services to said child, the Court Support Services Division and agencies under contract with the Judicial Branch. Such records shall also be available to (I) the attorney representing the child, including the Division of Public Defender Services, in any proceeding in which such records are relevant, (II) the parents or guardian of the child, until such time as the subject of the record reaches the age of majority, (III) the subject of the record, upon submission of satisfactory proof of the subject's identity, pursuant to guidelines prescribed by the Office of the Chief Court Administrator, provided the subject has reached the age of majority, (IV) law enforcement officials and prosecutorial officials conducting legitimate criminal investigations, as provided in subsection (o) of this section or orders to detain pursuant to section 46b-133, (V) a state or federal agency providing services related to the collection of moneys due or funding to support the service needs of eligible juveniles, provided such disclosure shall be limited to that information necessary for the collection of and application for such moneys, (VI) members and employees of the Board of Pardons and Paroles and employees of the Department of Correction who, in the performance of their duties, require access to such records, provided the subject of the record has been convicted of a crime in the regular criminal docket of the Superior Court and such records are relevant to the performance of a risk and needs assessment of such person while such person is incarcerated, the determination of such person's suitability for release from incarceration or for a pardon, or the determination of the supervision and treatment needs of such person while on parole or other supervised release, and (VII) members and employees of the Judicial Review Council who, in the performance of their duties related to said council, require access to such records. Records disclosed pursuant to this subsection shall not be further disclosed, except that information contained in such records may be disclosed in connection with bail or sentencing reports in open court during criminal proceedings involving the subject of such information, or as otherwise provided by law.”
“(o) A law enforcement official conducting a legitimate criminal investigation may have direct electronic access to the following information concerning a child who is subject to such investigation: (1) Pending juvenile delinquency charges; and (2) any suspended detention orders or prior juvenile adjudications during the ninety days prior to the initiation of such investigation.”
(1969, P.A. 794, S. 3; P.A. 75-602, S. 2, 13; P.A. 76-436, S. 13, 681; P.A. 77-246, S. 11; 77-486, S. 1, 2, 5; P.A. 78-280, S. 92, 127; 78-318, S. 27; P.A. 79-456; P.A. 80-165, S. 1; P.A. 81-472, S. 82, 159; P.A. 82-140, S. 1; P.A. 93-48; P.A. 94-221, S. 15; July Sp. Sess. P.A. 94-2, S. 10; P.A. 95-225, S. 12; 95-254, S. 3; 95-261, S. 1; P.A. 96-246, S. 35; P.A. 98-70, S. 1; P.A. 99-185, S. 35, 40; P.A. 02-132, S. 22; P.A. 03-202, S. 8; P.A. 04-234, S. 2; P.A. 05-152, S. 9; P.A. 06-187, S. 75; June Sp. Sess. P.A. 07-4, S. 81; Jan. Sp. Sess. P.A. 08-1, S. 23; P.A. 08-86, S. 4; P.A. 10-32, S. 140; 10-43, S. 31; June Sp. Sess. P.A. 10-1, S. 29; P.A. 11-51, S. 15; 11-157, S. 14, 15; P.A. 12-82, S. 18; 12-133, S. 34; P.A. 14-104, S. 10; 14-173, S. 2; P.A. 16-147, S. 4; P.A. 17-99, S. 2; June Sp. Sess. P.A. 17-2, S. 147, 593; P.A. 18-31, S. 30; P.A. 19-32, S. 14; P.A. 21-104, S. 25–27; 21-174, S. 14; P.A. 22-26, S. 9; 22-115, S. 5, 19.)
History: P.A. 75-602 added reference to youths; P.A. 76-436 replaced references to juvenile court with references to superior court and juvenile matters and added Subsec. (b) re confidentiality of complaint or information transferred from circuit to juvenile court before October 1, 1971, effective July 1, 1978; P.A. 77-246 required that records be available to adult adopted persons; P.A. 77-486 added provisions requiring that records be available to judges and adult probation officers for consideration in sentencing or granting youthful offender status for person under twenty-one; P.A. 78-280 added exception re Sec. 54-76d or 54-109 in provision prohibiting disclosure to third party; P.A. 78-318 authorized disclosure to another court in custody proceedings; P.A. 79-456 required superior court order for disclosure of records to “bona fide researchers commissioned by a state agency”; Sec. 17-57a temporarily renumbered as Sec. 51-305 and ultimately transferred to Sec. 46b-124 in 1979, and references to other sections within provisions revised as necessary by the Revisors to reflect their transfer; P.A. 80-165 authorized disclosure of information concerning disposition of criminal case to the victim of the crime if juvenile's identity is not revealed; P.A. 81-472 made technical corrections; P.A. 82-140 amended Subsec. (a) to permit disclosure of identity of child or youth to victim if the victim intends to bring a civil action for damages or if the child or youth is adjudicated delinquent; P.A. 93-48 added provision in Subsec. (a) re disclosure of records concerning adjudications re child abuse to state's attorney and added Subsec. (c) re disclosure of exculpatory information and material contained in disclosed record by state's attorney to defendant; P.A. 94-221 added Subsecs. (a)(4) re availability of information on the identity of a child arrested for a felony and the nature of the offense and (a)(5) re availability of information on the identity of a child adjudicated a delinquent as a result of a felony; July Sp. Sess. P.A. 94-2 added Subsec. (a)(4) re availability to a state's attorney of records concerning adjudications involving certain firearm-related offenses, renumbering the remaining Subdivs. accordingly, and amended Subsec. (c) to add reference to said Subdiv. (4); P.A. 95-225 substantially revised section by amending Subsec. (a) to add exception for proceedings concerning delinquent children, deleting former Subdivs. (2) to (6), inclusive, re specific exceptions to the prohibition on disclosure, deleting provision making delinquency records of any person who has not attained the age of 21 available to a judge and an adult probation officer in certain circumstances and provide that the prohibition on disclosure to a third party applies to a third party “not specified in subsection (c) of this section”, deleting former Subsec. (b) re confidentiality of records transferred from the Circuit Court to the Juvenile Court prior to October 1, 1971, adding new Subsec. (b) re confidentiality of records of cases of juvenile matters involving proceedings concerning delinquent children, adding new Subsec. (c) re disclosure of delinquency records to certain individuals and agencies, adding Subsec. (d) re disclosure of delinquency records to persons with a legitimate interest therein upon order of the court, adding Subsec. (e) re availability of delinquency records to the victim of the crime, adding Subsec. (f) re disclosure of information concerning a child who has escaped or for whom an arrest warrant has been issued, adding Subsec. (g) re exchange of information between certain employees of the Judicial Department and the Division of Criminal Justice, and redesignating former Subsec. (c) re disclosure of information by a state's attorney to the defendant or his counsel as Subsec. (h) and amended said Subsec. to make technical changes; P.A. 95-254 amended Subsec. (a) by applying provisions to records of appeals from probate brought to Juvenile Court pursuant to Sec. 45a-186(b) and to add provision making such records available to court of probate from which such appeal was taken; P.A. 95-261 would have amended Subsec. (a) specifying Office of Adult Probation and Office of the Bail Commission as agencies which may obtain delinquency records where previous availability was limited to adult probation officers, but failed to take effect, P.A. 95-225 having repealed language on which the changes relied; P.A. 96-246 added Subsec. (a)(3) re psychological evaluations being available to Commissioner of Children and Families for purposes of diagnosing, caring for or treating child; P.A. 98-70 amended Subsec. (a) by deleting “concerning delinquent children” and adding “delinquency” and by deleting former Subdiv. (3) and adding availability of records to attorney, including public defender, for child or youth, parents or guardian, employees of Division of Criminal Justice, employees of judicial branch, another court, the subject of the record, provided subject provides proof of identity and has reached the age of majority or is emancipated, and the Department of Children and Families; amended Subsec. (b) by deleting “concerning delinquent children” and adding “delinquency”; amended Subsec. (c) by providing availability of records re delinquency proceedings to judicial branch employees, employees and certain authorized agents of state or federal agencies, including Division of Public Defender Services, Office of Adult Probation, Office of Bail Commissioner, Board of Parole and agencies under contract with Office of Alternative Sanctions, to parent or guardian, to the subject of the record upon proof of identity and reaching age of majority and to a state or federal agency providing funding to support needs of eligible juveniles, and by adding provision re disclosure in connection with bail or sentencing reports; amended Subsecs. (d) and (e) by deleting “concerning a delinquent child” and adding “delinquency”; and amended Subsec. (g) by deleting “as a juvenile prosecutor, inspector or investigator”; P.A. 99-185 amended Subsec. (a)(2) by changing reference to Sec. 46b-111 to Sec. 46b-115j(d), effective July 1, 2000; P.A. 02-132 amended Subsec. (c) by replacing “Office of Adult Probation, the Office of the Bail Commissioner” with “Court Support Services Division”, replacing “Office of Alternative Sanctions” with “Judicial Department” and making a technical change; P.A. 03-202 added new Subsec. (a) defining “records of cases of juvenile matters”, redesignated existing Subsecs. (a) to (h) as Subsecs. (b) to (i), replaced references to “Judicial Department” with references to “judicial branch” and made technical and conforming changes; P.A. 04-234 replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004; P.A. 05-152 amended Subsec. (a) by inserting “juvenile” in reference to “probation officers”, amended Subsec. (b) by making technical changes and adding Subdiv. (3) re records concerning youth in crisis made available to Department of Motor Vehicles, and added Subsec. (j) re information obtained during mental health screening or assessment of a child; P.A. 06-187 amended Subsec. (b)(2) by adding Subpara. (I) permitting records of cases of juvenile matters to be made available to employees of Commission on Child Protection in performance of duties requiring access to such records; June Sp. Sess. P.A. 07-4 amended Subsec. (b)(3) to insert “was issued prior to January 1, 2010,” and delete reference to Sec. 46b-150f(c)(1), effective January 1, 2010; Jan. Sp. Sess. P.A. 08-1 amended Subsec. (d) to delete officials of Board of Pardons and Paroles from list of employees and authorized agents to whom records are available and add clause (vi) re availability of records to members and employees of Board of Pardons and Paroles and employees of Department of Correction, effective January 25, 2008; P.A. 08-86 amended Subsec. (j) to add provisions re information obtained during the provision of services pursuant to Sec. 46b-149(b) or performance of an educational evaluation pursuant to Sec. 46b-149(e); P.A. 10-32 made a technical change in Subsec. (b), effective May 10, 2010; P.A. 10-43 amended Subsec. (d) to delete advocate appointed pursuant to Sec. 54-221 for victim of a crime committed by the child from list of employees and authorized agents to whom records are available and make technical changes; June Sp. Sess. P.A. 10-1 added Subsec. (k) re disclosure of delinquency conviction for violation of enumerated sections to Department of Motor Vehicles for administrative use re child's license, effective July 1, 2010; P.A. 11-51 amended Subsec. (b)(2)(I) to substitute “Division of Public Defender Services” for “Commission on Child Protection” and add “related to Division of Public Defender Services assigned counsel” re duties, effective July 1, 2011; P.A. 11-157 amended Subsecs. (e) and (f) to add “except as specifically authorized by a subsequent order of the court”, and amended Subsec. (k) to add reference to Sec. 14-224(a); P.A. 12-82 added Subsec. (l) re confidentiality of records of cases of juvenile matters involving adoption proceedings; P.A. 12-133 amended Subsec. (d) to add Subdiv. (2)(D) re availability of records to persons involved in delivery of court diversionary programs and add “community-based youth service bureau officials” as persons to whom records are made available; P.A. 14-104 amended Subsec. (b) to delete former Subdiv. (1) re records of matter transferred from court of probate or appeal from probate, redesignate existing Subdivs. (2) and (3) as Subdivs. (1) and (2), add Subdiv. (1)(J) re judges and employees of Probate Court who require access to records in performance of their duties, and add provision re disclosure of records as otherwise provided by law, amended Subsec. (d) to add new Subdiv. (2) re judges and employees of Probate Court who require access to records in performance of their duties, redesignate existing Subdiv. (2) as Subdiv. (3), and add provision re records disclosed may be further disclosed as otherwise provided by law, added new Subsec. (i) re nothing in section to be construed to prohibit timely objection to admissibility of evidence or timely motion to seal record, redesignated existing Subsecs. (i) to (l) as Subsecs. (j) to (m), and made technical changes throughout; P.A. 14-173 amended Subsec. (b) to delete former Subdiv. (1) re records of matter transferred from court of probate or appeal from probate, redesignate existing Subdivs. (2) and (3) as Subdivs. (1) and (2), add Subdiv. (1)(J) re judges and employees of Probate Court who require access to records in performance of their duties, and add provision re disclosure of records as otherwise provided by law, amended Subsec. (d) to add new Subdiv. (2) re judges and employees of Probate Court who require access to records in performance of their duties, redesignate existing Subdiv. (2) as Subdiv. (3), and add provision re records disclosed may be further disclosed as otherwise provided by law, added new Subsec. (g) re information concerning child who is the subject of an order to take into custody or other process entered into central computer system, redesignated existing Subsecs. (g) and (h) as Subsecs. (h) and (i), added new Subsec. (j) re nothing in section to be construed to prohibit timely objection to admissibility of evidence or timely motion to seal record, redesignated existing Subsecs. (i) to (l) as Subsecs. (k) to (n), and made technical changes throughout; P.A. 16-147 amended Subsec. (l) to add provisions re detention screening, effective January 1, 2017; P.A. 17-99 amended Subsec. (c) by adding reference to Sec. 46b-124a, deleted former Subsec. (f) re availability of records of cases of juvenile matters to victim of crime committed by child, redesignated existing Subsecs. (g) to (n) as Subsecs. (f) to (m) and added new Subsec. (n) re availability of records of cases of juvenile matters involving delinquency proceedings to victim of delinquent act; P.A. 17-99 amended Subsec. (c) by adding reference to Sec. 46b-124a, deleted former Subsec. (f) re availability of records of cases of juvenile matters to victim of crime committed by child, redesignated existing Subsecs. (g) to (n) as Subsecs. (f) to (m) and added new Subsec. (n) re availability of records of cases of juvenile matters involving delinquency proceedings to victim of delinquent act; June Sp. Sess. P.A. 17-2 amended Subsec. (k) by deleting reference to detention screening, designating existing provisions re information obtained during screening or assessment as Subdiv. (1) and by adding Subdiv. (2) re information obtained during detention risk screening, effective October 31, 2017, and deleted provision re provision of services pursuant to Sec. 46b-149(b) or performance of evaluation pursuant to Sec. 46b-149(e) in Subsec. (k)(1), effective July 1, 2019; P.A. 18-31 amended Subsec. (b) by deleting references to youth, amended Subsec. (d) by deleting Subpara. (C) re design and delivery of treatment programs, and redesignating existing Subpara. (D) as Subpara. (C) in Subdiv. (3), adding provision re child committed pursuant to Sec. 46b-129, and redesignating clauses (i) to (vi) as subclauses (I) to (VI), amended Subsec. (f) by adding provision re information to be limited to child who has been committed pursuant to Sec. 46b-129, amended Subsec. (g) by replacing “child who has escaped from a detention center or from a facility to which the child has been committed by the court” with “child who has absconded, escaped or run away from, or failed to return from an authorized leave to, a detention center or a residential treatment facility in which the child has been placed by a court order in a delinquency case”, and amended Subsec. (l) by replacing “convicted” with “adjudicated” and adding references to Secs. 14-227a, 14-227g, 21a-267(d) and 21a-279a, effective July 1, 2018; P.A. 19-32 made a technical change in Subsec. (l) ; P.A. 21-104 amended Subsec. (b)(1) to add Subpara. (K) re Judicial Review Council, and amended Subsec. (d) to add Subdiv. (3)(C)(ii)(VII) re members and employees of Judicial Review Council, effective June 28, 2021, and amended Subsec. (g) to replace “detention center” with “juvenile residential center”, effective January 1, 2022; P.A. 21-174 added language re Court Support Services Division and quality assurance providers for program evaluation purposes in Subsec. (k)(1), effective July 12, 2021; P.A. 22-26 amended Subsec. (d)(3)(ii)(IV) by adding or seeking an order to detain pursuant to Sec. 46b-133, effective May 10, 2022; P.A. 22-115 amended Subsec. (d)(3) to add municipal agencies and reference to Subsec. (o) and orders to detain pursuant to Sec. 46b-133 in Subpara. (C)(ii)(IV) and added Subsec. (o) re direct electronic access to certain information, effective June 1, 2023.
Annotation to former section 17-57a:
Cited. 33 CS 599.
Annotations to present section:
Cited. 195 C. 303; 211 C. 151; 214 C. 454. History and policy discussed; confidentiality statute cited. 216 C. 563. Cited. 221 C. 447; 227 C. 641; 229 C. 691; 235 C. 595; 237 C. 364.
Cited. 21 CA 654; 36 CA 345. Section provides an exception to confidentiality provision for child's parent but only until the child reaches the age of majority; while statute does not create a statutory privilege against disclosure of juvenile records for family members of child who is the subject of proceedings in juvenile matters, it is appropriate to consider the nature of the information generally contained in juvenile records to decide whether the records should remain confidential. 76 CA 730. Although protection of statute, which provides in general for confidentiality of records in delinquency proceedings and directs that any records released by court not be further disclosed, may be waived by juvenile, the record here was unclear as to whether respondent in fact had done so given certain procedural irregularities that occurred at trial regarding trial court's appointment of guardians ad litem for the three minor children, it being unclear from the record whether those guardians had standing to object to the requested disclosure and whether they had objected to the disclosure on basis of best interests of the children or on their interpretations of statute; accordingly, case was remanded for further proceedings to determine whether respondent waived protections of statute. 88 CA 511.
Cited. 36 CS 352; 40 CS 316; 41 CS 23; Id., 145; Id., 229; Id., 505; 42 CS 562; 43 CS 38; Id., 108; Id., 211; Id., 367; 44 CS 101; Id., 235; Id., 437; Id., 468; Id., 527; Id., 551.
Subsec. (a):
Cited. 215 C. 739.
Cited. 1 CA 584; 45 CA 508. Court abused its discretion by ordering that attachment of a copy of its memorandum of decision in a termination of parental rights case be appended to any future requests by child's foster parents for a restraining order to prevent respondent father from contacting them. 56 CA 55.
Subsec. (b):
With respect to private and sensitive health information, a just and rational result in reconciling highly protective state and federal statutes with disclosure provisions in Subsec. requires that statutes be read together and construed harmoniously; trial court erred by not providing respondent a full hearing re claims that his and his children's privacy interests were being violated by disclosure of court-ordered psychological evaluation report to juvenile probation officer under Subdiv. (1)(E) and by allowing juvenile probation officer to retain copies of the evaluation report. 162 CA 811.
Subsec. (d):
Victim not permitted to use actual documents released by juvenile court in civil action for damages but may use information in documents to uncover admissible evidence. 45 CS 315.
Subsec. (e):
Extent to which court may release juvenile records to victim of a delinquent act and whether child required to be adjudicated a delinquent before victim entitled to release of information. 45 CS 315.
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Sec. 46b-124a. Access to records of cases of juvenile matters by victim of delinquent act committed by a child. (a) Notwithstanding any provision of the general statutes concerning the confidentiality of records of cases of juvenile matters, as defined in section 46b-124, whether in a matter designated by the court for a nonjudicial disposition pursuant to section 46b-128 or otherwise, any victim of a delinquent act committed by a child shall, without a court order, have access to: (1) The name and address of the child; (2) the name and address of the child's parents or guardian; (3) any charges pending against the child at the time that the victim requests such information that relate to such delinquent act; (4) information pertaining to the disposition of the matter that relates to such delinquent act; and (5) any order entered by the court pertaining to the victim, including, but not limited to, any order of no contact between the child and the victim. Any information received by a victim of a delinquent act pursuant to this subsection may be utilized by the victim in a subsequent civil action for damages related to an act of delinquency committed by the child, but such information shall not be further disclosed except as specifically authorized by an order of the court. For the purposes of this section “victim” means a person who is the victim of a delinquent act, the legal representative of such person, a parent or guardian of such person, if such person is a minor, or a victim advocate for such person under section 54-220.
(b) Records of cases of juvenile matters, as defined in subsection (a) of section 46b-124, other than those enumerated in subsection (a) of this section, including, but not limited to, police reports, arrest warrants, search warrants and any affidavits associated with such warrants that involve the victim may be disclosed to the victim upon order of the court for good cause shown. Information disclosed to the victim pursuant to this subsection shall not be further disclosed, except as specifically authorized by an order of the court.
(c) In determining whether good cause exists for the granting or denial of access to records pursuant to subsection (b) of this section, the court shall consider: (1) The age of the child; (2) the degree of injury to the victim or damage to property caused by the child's delinquent act; (3) whether a compelling reason exists for disclosure or nondisclosure of the information contained in such records; and (4) whether the release of such information would jeopardize an ongoing criminal investigation. When making a good cause determination, the court may not consider as a factor whether the victim has an alternate means of ascertaining the information delineated in subsection (b) of this section.
(d) If the release of information available to a victim pursuant to subsection (a) of this section may result in jeopardizing (1) the safety of the child, a witness or another person; or (2) an ongoing criminal investigation, the prosecutorial official or an attorney representing the child, including an attorney from the Division of Public Defender Services, may file an objection with the court requesting that such information not be disclosed. The court shall articulate on the record the specific reason for sustaining any objection made pursuant to this subsection.
(P.A. 17-99, S. 3.)
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Sec. 46b-125. (Formerly Sec. 51-306). Juvenile probation officers and juvenile matters investigators. Rights in retirement system. Duties and authority. Juvenile probation officers shall investigate and submit reports and recommendations to the court, including predispositional studies in accordance with section 46b-134. Juvenile probation officers shall provide supervision and make referrals to preadjudication and postadjudication services based on the juvenile's risks and needs, as determined by the risk and needs assessment. Juvenile probation officers shall work collaboratively with treatment providers to ensure programs and services are adequately addressing the needs of juveniles under supervision. They shall execute the orders of the court; and, for that purpose, such probation officers, and any other employees specifically designated by the court to assist the probation officers in the enforcement of such orders, shall have the authority of a state marshal. They shall keep records of all cases investigated or coming under their care, and shall keep informed concerning the conduct and condition of each juvenile placed under supervision and report thereon to the court as the court may direct. Any juvenile probation officer authorized by the Office of the Chief Court Administrator may arrest any juvenile on probation without a warrant or may deputize any other officer with power to arrest to do so by giving such officer a written statement setting forth that the juvenile has, in the judgment of the juvenile probation officer, violated the conditions of the juvenile's probation. When executing such orders of the court, except when using deadly physical force, juvenile probation officers and juvenile matters investigators shall be deemed to be acting in the capacity of a peace officer, as defined in subdivision (9) of section 53a-3.
(1949 Rev., S. 2822; 1969, P.A. 794, S. 5; P.A. 77-614, S. 66, 610; P.A. 84-198, S. 5, 7; P.A. 93-391; P.A. 00-99, S. 90, 154; P.A. 01-84, S. 3, 26; 01-195, S. 36, 181; P.A. 18-31, S. 31.)
History: 1969 act specified that probation officers and other employees designated by court to assist them have authority of a deputy sheriff; P.A. 77-614 replaced personnel department with department of administrative services; Sec. 17-58 temporarily renumbered as Sec. 51-366 and ultimately transferred to Sec. 46b-125 in 1979; P.A. 84-198 deleted provision requiring appointment of all juvenile probation personnel from a list of persons certified by the department of administrative services as being qualified for such appointment; P.A. 93-391 inserted Subsec. indicators and amended Subsec. (b) to authorize any juvenile probation officer or juvenile matters investigator to arrest any juvenile on probation without a warrant or deputize another officer to do so and to specify when such officers and investigators are deemed to be acting in the capacity of a peace officer; P.A. 00-99 replaced reference in Subsec. (b) to deputy sheriff in each county of the state with state marshal, effective December 1, 2000; P.A. 01-84 amended Subsec. (b) to provide that the Office of the Chief State's Attorney, rather than the Office of the Chief Court Administrator, authorizes a juvenile matters investigator to arrest a juvenile on probation and to make technical changes for purposes of gender neutrality, effective July 1, 2001; P.A. 01-195 made technical changes in Subsec. (b) for purposes of gender neutrality, effective July 11, 2001; P.A. 18-31 deleted Subsec. (a) re persons employed as full-time juvenile probation officers to retain rights in pension system or retirement fund, deleted Subsec. (b) designator, added provisions re recommendations to be made to the court, providing supervision and making referrals to preadjudication and postadjudication services, added provision re juvenile probation officers to work collaboratively with treatment providers, deleted references to juvenile matters investigator, and made technical changes, effective July 1, 2018.
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Sec. 46b-126. (Formerly Sec. 51-307). Secure facilities for care and treatment of children. Section 46b-126 is repealed, effective July 1, 2018.
(1971, P.A. 170; P.A. 76-194, S. 4; 76-436, S. 17, 681; P.A. 77-326; 77-452, S. 23, 72; P.A. 79-581, S. 2; P.A. 83-402, S. 1; P.A. 84-252; P.A. 86-185, S. 1; P.A. 89-273, S. 2; P.A. 90-136, S. 1; 90-187, S. 1, 3; P.A. 93-91, S. 1, 2; P.A. 95-225, S. 39; P.A. 18-31, S. 43.)
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Sec. 46b-126a. Out-of-school suspensions for children residing in juvenile facilities prohibited. No facility operated by the Department of Children and Families, the Department of Correction or the Court Support Services Division of the Judicial Department shall impose an out-of-school suspension on any child residing in any such facility, provided nothing in this section shall preclude the removal of a child from a classroom for therapeutic purposes.
(P.A. 16-147, S. 13.)
History: P.A. 16-147 effective July 1, 2017.
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Sec. 46b-127. (Formerly Sec. 51-308). Transfer of child charged with a felony to the regular criminal docket. Transfer of youth aged sixteen or seventeen to docket for juvenile matters. (a)(1) The court shall automatically transfer from the docket for juvenile matters to the regular criminal docket of the Superior Court the case of any child charged with the commission of a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, a class A felony, or a class B felony, except as provided in subdivision (3) of this subsection, or a violation of section 53a-54d, provided such offense was committed after such child attained the age of fifteen years and counsel has been appointed for such child if such child is indigent. Such counsel may appear with the child but shall not be permitted to make any argument or file any motion in opposition to the transfer. The child shall be arraigned in the regular criminal docket of the Superior Court at the next court date following such transfer, provided any proceedings held prior to the finalization of such transfer shall be private and shall be conducted in such parts of the courthouse or the building in which the court is located that are separate and apart from the other parts of the court which are then being used for proceedings pertaining to adults charged with crimes.
(2) A state's attorney may, at any time after such arraignment, file a motion to transfer the case of any child charged with the commission of a class B felony or a violation of subdivision (2) of subsection (a) of section 53a-70 to the docket for juvenile matters for proceedings in accordance with the provisions of this chapter.
(3) No case of any child charged with the commission of a violation of section 53a-55, 53a-59b, 53a-71 or 53a-94, subdivision (2) of subsection (a) of section 53a-101, section 53a-112, 53a-122 or 53a-129b, subdivision (1), (3) or (4) of subsection (a) of section 53a-134, section 53a-196c, 53a-196d or 53a-252 or subsection (a) of section 53a-301 shall be transferred from the docket for juvenile matters to the regular criminal docket of the Superior Court, except as provided in this subdivision. Upon motion of a prosecutorial official, the superior court for juvenile matters shall conduct a hearing to determine whether the case of any child charged with the commission of any such offense shall be transferred from the docket for juvenile matters to the regular criminal docket of the Superior Court. The court shall not order that the case be transferred under this subdivision unless the court finds that (A) such offense was committed after such child attained the age of fifteen years, (B) there is probable cause to believe the child has committed the act for which the child is charged, and (C) the best interests of the child and the public will not be served by maintaining the case in the superior court for juvenile matters. In making such findings, the court shall consider (i) any prior criminal or juvenile offenses committed by the child, (ii) the seriousness of such offenses, (iii) any evidence that the child has intellectual disability or mental illness, and (iv) the availability of services in the docket for juvenile matters that can serve the child's needs. Any motion under this subdivision shall be made, and any hearing under this subdivision shall be held, not later than thirty days after the child is arraigned in the superior court for juvenile matters.
(b) Upon motion of a prosecutorial official, the superior court for juvenile matters shall conduct a hearing to determine whether the case of any child charged with the commission of a class C, D or E felony or an unclassified felony shall be transferred from the docket for juvenile matters to the regular criminal docket of the Superior Court. The court shall not order that the case be transferred under this subdivision unless the court finds that (1) such offense was committed after such child attained the age of fifteen years, (2) there is probable cause to believe the child has committed the act for which the child is charged, and (3) the best interests of the child and the public will not be served by maintaining the case in the superior court for juvenile matters. In making such findings, the court shall consider (A) any prior criminal or juvenile offenses committed by the child, (B) the seriousness of such offenses, (C) any evidence that the child has intellectual disability or mental illness, and (D) the availability of services in the docket for juvenile matters that can serve the child's needs. Any motion under this subdivision shall be made, and any hearing under this subdivision shall be held, not later than thirty days after the child is arraigned in the superior court for juvenile matters.
(c) If a case is transferred to the regular criminal docket pursuant to subdivision (3) of subsection (a) of this section or subsection (b) of this section, or if a case is transferred to the regular criminal docket pursuant to subdivision (1) of subsection (a) of this section and the charge in such case is subsequently reduced to that of the commission of an offense for which a case may be transferred pursuant to subdivision (2) or (3) of subsection (a) of this section or subsection (b) of this section, the court sitting for the regular criminal docket may return the case to the docket for juvenile matters at any time prior to the court or jury rendering a verdict or the entry of a guilty plea for good cause shown for proceedings in accordance with the provisions of this chapter.
(d) Upon the effectuation of the transfer, such child shall stand trial and be sentenced, if convicted, as if such child were eighteen years of age, subject to the provisions of subsection (c) of this section and section 54-91g. Such child shall receive credit against any sentence imposed for time served in a juvenile facility prior to the effectuation of the transfer. A child who has been transferred may enter a guilty plea to a lesser offense if the court finds that such plea is made knowingly and voluntarily. Any child transferred to the regular criminal docket who pleads guilty to a lesser offense shall not resume such child's status as a juvenile regarding such offense. If the action is dismissed or nolled or if such child is found not guilty of the charge for which such child was transferred or of any lesser included offenses, the child shall resume such child's status as a juvenile until such child attains the age of eighteen years.
(e) Any child whose case is transferred to the regular criminal docket of the Superior Court who is detained pursuant to such case shall be in the custody of the Commissioner of Correction upon the finalization of such transfer. A transfer shall be final (1) upon the arraignment on the regular criminal docket until a motion filed by the state's attorney pursuant to subsection (a) of this section is granted by the court, or (2) upon the arraignment on the regular criminal docket of a transfer ordered pursuant to subsection (b) of this section until the court sitting for the regular criminal docket orders the case returned to the docket for juvenile matters for good cause shown. Any child whose case is returned to the docket for juvenile matters who is detained pursuant to such case shall be in the custody of the Judicial Department.
(f) The transfer of a child to a Department of Correction facility shall be limited as provided in subsection (e) of this section and said subsection shall not be construed to permit the transfer of or otherwise reduce or eliminate any other population of juveniles in detention or confinement within the Judicial Department.
(g) Upon the motion of any party or upon the court's own motion, the case of any youth age sixteen or seventeen, except a case that has been transferred to the regular criminal docket of the Superior Court pursuant to subsection (a) or (b) of this section, which is pending on the youthful offender docket, regular criminal docket of the Superior Court or any docket for the presentment of defendants in motor vehicle matters, where the youth is charged with committing any offense or violation for which a term of imprisonment may be imposed, other than a violation of section 14-227a, 14-227g or 14-227m or subdivision (1) or (2) of subsection (a) of section 14-227n, may, before trial or before the entry of a guilty plea, be transferred to the docket for juvenile matters if (1) the youth is alleged to have committed such offense or violation on or after January 1, 2010, while sixteen years of age, or is alleged to have committed such offense or violation on or after July 1, 2012, while seventeen years of age, and (2) after a hearing considering the facts and circumstances of the case and the prior history of the youth, the court determines that the programs and services available pursuant to a proceeding in the superior court for juvenile matters would more appropriately address the needs of the youth and that the youth and the community would be better served by treating the youth as a delinquent. Upon ordering such transfer, the court shall vacate any pleas entered in the matter and advise the youth of the youth's rights, and the youth shall (A) enter pleas on the docket for juvenile matters in the jurisdiction where the youth resides, and (B) be subject to prosecution as a delinquent child. The decision of the court concerning the transfer of a youth's case from the youthful offender docket, regular criminal docket of the Superior Court or any docket for the presentment of defendants in motor vehicle matters shall not be a final judgment for purposes of appeal.
(P.A. 75-620, S. 1–4; P.A. 76-194, S. 3; 76-436, S. 18, 19, 20, 681; P.A. 79-581, S. 3; P.A. 83-402, S. 2; P.A. 86-185, S. 2; P.A. 90-136, S. 2; 90-187, S. 2, 3; July Sp. Sess. P.A. 94-2, S. 6; P.A. 95-225, S. 13; P.A. 97-4, S. 1, 2; 97-319, S. 21, 22; P.A. 98-256, S. 3; P.A. 04-127, S. 2; 04-148, S. 1; June Sp. Sess. P.A. 07-4, S. 75; Sept. Sp. Sess. P.A. 09-7, S. 71, 84, 122; June Sp. Sess. P.A. 10-1, S. 30; P.A. 11-157, S. 18; P.A. 12-5, S. 10; June 12 Sp. Sess. P.A. 12-1, S. 280; P.A. 13-258, S. 5; P.A. 15-84, S. 3; 15-183, S. 1; P.A. 16-126, S. 27; P.A. 19-187, S. 1; P.A. 21-104, S. 28; 21-140, S. 1; P.A. 22-26, S. 10.)
History: P.A. 76-194 required that child “be sentenced, if convicted” as if he were sixteen; P.A. 76-436 revised provisions to reflect transfer of juvenile court duties to superior court, substituting references to criminal and juvenile dockets for references to said courts, etc., effective July 1, 1978; P.A. 79-581 clarified and qualified circumstances under which matters transferred from juvenile to criminal docket and deleted requirements that transfer is contingent upon investigation finding that no suitable institution for care of children exists to which child in question may be committed and that court facilities for criminal sessions and institutions for those sixteen or over are suitable for child's care and confinement and deleted former Subsecs. (b) and (c) re establishment of maximum security facility for care and treatment of children under superior court jurisdiction and re court-ordered evaluation to determine whether institutions for children or institutions for those sixteen and over are more suitable for care and treatment of child in question; Sec. 17-60b temporarily renumbered as Sec. 51-308 and ultimately transferred to Sec. 46b-127 in 1979; P.A. 83-402 qualified reference to commission of murder in Subdiv. (1) by specifying murder “under sections 53a-54a to 53a-54d, inclusive” and required that written findings be made rather than an investigation prior to transfer; P.A. 86-185 added provision that a transfer order shall be a final judgment for purposes of appeal; P.A. 90-136 excluded from the provisions of Subdiv. (2) a child referred for the commission of the class A felony of murder, added provisions re the rights of the child and the procedure applicable at the hearing, authorized credit against any sentence imposed for time served in a juvenile facility prior to transfer, authorized a child to plead guilty to a lesser offense and provided that a child who so pleads shall not resume his juvenile status re said offense, and replaced a reference to a finding of “innocent” with a finding of “not guilty”; P.A. 90-187 added provision requiring a transferred child to be maintained in a facility for children and youth rather than in a correctional facility until he is 16 years of age or sentenced, whichever occurs first, effective July 1, 1991; July Sp. Sess. P.A. 94-2 designated existing provisions re children required to be transferred to the regular criminal docket as Subsec. (a) and amended said Subsec. to add a new Subdiv. (2) requiring the transfer of any child referred for the violation of certain firearm-related offenses, renumbering the remaining Subdivs. accordingly, to exclude from Subdivs. (3) and (4) any child referred for a violation of any provision specified in Subdiv. (2), to add provision requiring the prosecuting authority for juvenile matters to consider whether the child is a person with mental retardation or suffers from a substantial mental disorder in deciding whether to seek the transfer of the child under Subdiv. (2) and to add provision authorizing the child to file a notice of intent to request a hearing under Subsec. (c), designated existing provisions re probable cause hearing as Subsec. (b), added Subsec. (c) re a hearing for a child referred pursuant to Subsec. (a)(2) at which he may present evidence that he should not be transferred to the regular criminal docket and the factors that must be proven at such hearing to avoid such a transfer, deleted the provision that a transfer order is a final judgment for purposes of appeal and designated existing provisions re post-transfer procedures as Subsec. (d); P.A. 95-225 substantially revised section by deleting former Subsecs. (a), (b) and (c), adding new Subsec. (a) re automatic transfer of a child charged with the commission of a capital felony, a class A or B felony or a violation of section 53a-54d, adding new Subsec. (b) re transfer of a child charged with a class C or D felony or an unclassified felony and redesignating former Subsec. (d) re post-transfer procedures as Subsec. (c); P.A. 97-4 amended Subsec. (c) to delete provision that prohibited a child being placed in a correctional facility and required the child to be maintained in a facility for children and youth until he attains the age of 16 years or until he is sentenced, whichever occurs first, added Subsec. (d) providing that a child transferred to the regular criminal docket shall be in the custody of the Commissioner of Correction upon the finalization of the transfer and specifying when a transfer is final, and added Subsec. (e) limiting the transfer of children and juveniles to a Department of Correction facility, effective March 20, 1997; P.A. 97-319 amended Subsec. (a) by adding provision re appointment of counsel for indigent child, effective July 1, 1997; P.A. 98-256 amended Subsec. (a) to require the file of a transferred case to remain sealed “until the end of the tenth working day following such arraignment” rather than “until the tenth day following such arraignment” and to replace “disposition” with “proceedings”, amended Subsec. (b) to provide that the case shall be transferred upon “order of the court” rather than upon “approval by the court”, to establish a deadline for a court to return a case to the docket for juvenile matters of “not later than ten working days after the date of the transfer” and to require arraignment “by the next court date” rather than “at the next court date” and amended Subsec. (c) to make provision mandating that a child resume his status as a juvenile when found not guilty of the transferred charge also apply when found not guilty of any lesser included offenses; P.A. 04-127 amended Subsecs. (a) and (b) by adding provisions re privacy and location of proceedings held prior to finalization of transfer and made a technical change in Subsec. (a); P.A. 04-148 amended Subsec. (a) to authorize the transfer of the case of a child charged with a violation of Sec. 53a-70(a)(2) to the docket for juvenile matters; June Sp. Sess. P.A. 07-4 amended Subsec. (c) to substitute “eighteen years” for “sixteen years” re age of child and make technical changes, effective January 1, 2010; Sept. Sp. Sess. P.A. 09-7 amended Subsec. (b) to replace “juvenile prosecutor” with “prosecutorial official”, effective October 5, 2009, amended Subsec. (c) to substitute “seventeen years” for “eighteen years” re age of child, effective January 1, 2010, and further amended Subsec. (c) to substitute “eighteen years” for “seventeen years” re age of child, effective July 1, 2012; June Sp. Sess. P.A. 10-1 added Subsec. (f) re transfer of case of youth age 16 from youthful offender docket, regular criminal docket or docket for motor vehicle matters to docket for juvenile matters, effective July 1, 2010; P.A. 11-157 amended Subsec. (f) to make provisions applicable to case of any youth age 17 and, in Subdiv. (1), to include an offense or violation committed on or after July 1, 2012, while 17 years of age, effective July 1, 2012; P.A. 12-5 amended Subsec. (a) to add reference to provisions of Sec. 53a-54b in effect prior to April 25, 2012, re commission of a capital felony, effective April 25, 2012; June 12 Sp. Sess. P.A. 12-1 amended Subsecs. (a) and (b) to insert Subdiv. designators (1) and (2), amended Subsec. (a)(1) to delete provision re sealing of file in transferred case, amended Subsec. (a)(2) to allow transfer to juvenile docket at any time after arraignment, rather than not later than 10 working days after arraignment, amended Subsec. (b)(1) to require superior court for juvenile matters to conduct a hearing re whether to transfer to regular criminal docket, insert Subpara. designators (A) and (B) re findings prior to ordering transfer, add Subpara. (C) re best interests of child and public not being served by maintaining case on juvenile docket, add requirement that any motion be made and hearing be held not later than 30 days after child is arraigned in superior court for juvenile matters, and delete requirement that file of transferred case remain sealed until regular criminal docket court accepts transfer, amended Subsec. (b)(2) to provide that regular criminal docket court may transfer case to juvenile docket at any time prior to jury verdict or entry of guilty plea, rather than 10 working days after transfer, and delete requirement for private hearing on next court date, amended Subsec. (d)(1) to replace provisions re transfer being final 10 working days after arraignment with provisions re transfer being final upon granting of state's attorney motion or arraignment on regular criminal docket until return of case to juvenile docket, and made technical and conforming changes; P.A. 13-258 amended Subsec. (b)(1) to add reference to child charged with a class E felony; P.A. 15-84 amended Subsec. (c) to add “subject to the provisions of section 54-91g”; P.A. 15-183 amended Subsecs. (a) and (b) to substitute 15 years for 14 years as minimum age for transfer, amended Subsec. (a) to add exception for transfer for certain class B felonies in Subdiv. (1) and add Subdiv. (3) re transfer for certain class B felonies, and amended Subsec. (b)(2) to add reference to Subsec. (a)(3); P.A. 16-126 amended Subsec. (f) by adding references to Secs. 14-227m and 14-227n(a)(1) and (2); P.A. 19-187 amended Subsec. (b) by redesignating Subdiv. (2) as new Subsec. (c)(2), amended new Subsec. (c) by adding Subdiv. (1) re proceeding of transferred case to be private, records of proceedings to be confidential and records to be available to victim of crime committed by child, and amending Subdiv. (2) by adding provision re subsequent reduction of charge, redesignated existing Subsecs. (c) to (f) as Subsecs. (d) to (g), added reference to Subsec. (c) in redesignated Subsec. (d) and made technical and conforming changes; P.A. 21-104 amended Subsec. (c)(1)(A) to add clause designators, provide that a proceeding is private “, except that any victim and the victim's next of kin shall not be excluded from such proceeding,” and define “victim” and “next of kin”, effective June 28, 2021; P.A. 21-140 amended Subsec. (f) by deleting “or the Department of Children and Families”, effective July 1, 2021; P.A. 22-26 deleted former Subsec. (c)(1) re proceeding of transferred case to be private, records of proceedings to be confidential and records to be available to victim of crime committed by child and redesignated existing Subsec. (c)(2) as Subsec. (c), effective May 10, 2022.
See Sec. 18-65a re confinement of young and teenage women and female children.
See Sec. 18-73 re confinement of male children and youths.
Annotation to former section 17-60b:
Cited. 42 CS 426.
Annotations to present section:
Cited. 195 C. 303; 206 C. 323. Section required transfer of defendant back to juvenile matters after it had been found that there was no probable cause to believe he had committed murder. Id., 346. Cited. 207 C. 270; 210 C. 435; 211 C. 151; Id., 289; 214 C. 454; 215 C. 277; 218 C. 714; 220 C. 162; 221 C. 109; 224 C. 29; 226 C. 497. Requirements of section for adjudication of juvenile matter are not contemporaneous with procedural requirements of Sec. 54-46a. 229 C. 691. Cited. 233 C. 44. 1994 amendment affects substantive rights and therefore applies prospectively; judgment of Appellate Court reversed. 237 C. 364. Section must be read to authorize the same sentence for those children convicted of lesser included offenses after a full trial as for those who plead guilty to lesser included offenses. 240 C. 727. Cited. Id., 743. Section, as amended by Sec. 2 of P.A. 86-185, does not apply retroactively. 258 C. 621. Transfer of the petitioner's criminal case to the regular criminal docket for a crime he committed when he was fourteen years and his subsequent sentencing do not violate the prohibition against cruel and unusual punishment enshrined in the Connecticut constitution. 333 C. 480.
Cited. 20 CA 321; 24 CA 244; 28 CA 608; 29 CA 499; Id., 573; Id., 771; 30 CA 381; 32 CA 431; Id., 759; 33 CA 90; 36 CA 364; 46 CA 545.
Cited. 42 CS 426. Court allowed full participation of both state's attorney and state's advocate in transfer hearing. 43 CS 38. Cited. Id., 367.
Subsec. (a):
Statute does not create vested liberty interest in juvenile status and therefore procedural due process is not denied by transferring juvenile to criminal docket without notice, hearing or the assistance of counsel; nor does statute violate juvenile's rights to substantive due process and equal protection of the law or violate principle of separation of powers. 245 C. 93. P.A. 15-183 is procedural in nature and changes to automatic transfer provisions under section are presumptively to be applied retroactively to all pending cases. 323 C. 290. State bears burden to prove defendant's age at time of underlying criminal conduct for which a jury has returned a guilty verdict once defendant challenges ability of court to convict and sentence defendant as adult. 323 C. 785.
Subsec. (b):
Defendant not entitled to hearing in juvenile court prior to transfer to adult criminal court, but due process requires that child be entitled to hearing before judge of the criminal docket court prior to that court's decision to accept case for criminal docket. 300 C. 104. Rule in 300 C. 104 applies retroactively to this case, therefore defendant was not entitled to a hearing in juvenile court prior to transfer to criminal court docket. 302 C. 39. Transfer order made pursuant to discretionary transfer provision is not a final judgment for purposes of appeal. 313 C. 99.
Transfer of juvenile matter to regular criminal docket did not meet requirements of due process because Subsec. creates a liberty interest and due process requires opportunity for a hearing at which the juvenile court judge considers argument as to whether the case should be transferred to adult criminal court. 115 CA 180; judgment reversed, see 300 C. 104.
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Sec. 46b-128. (Formerly Sec. 51-309). Investigation of delinquency complaint. Nonjudicial disposition. Petition of delinquency. Summoning of child and parent or guardian. (a) Whenever the Superior Court is in receipt of any written complaint filed by any person, any public or private agency or any federal, state, city or town department maintaining that a child's conduct constitutes delinquency within the meaning of section 46b-120, it shall make a preliminary investigation to determine whether the facts, if true, would be sufficient to be a juvenile matter and whether the interests of the public or the child require that further action be taken. If so, the court may authorize the filing of a verified petition of alleged delinquency or it may make without such petition whatever nonjudicial disposition is practicable, including the ordering of such child to do work of which he is capable in public buildings or on public property, particularly in cases in which the complaint alleges that the conduct of such child resulted in the wilful destruction of property, provided the facts establishing jurisdiction are admitted and that a competent acceptance of such a disposition has been given by the child and his parent or guardian. If a nonjudicial disposition is made, the term of any nonjudicial supervision shall be established by the juvenile probation supervisor or designee provided such period of supervision shall not exceed one hundred eighty days. Each verified petition of delinquency filed by the court shall set forth plainly (1) the facts which bring the child within the jurisdiction of the court, (2) the name, date of birth, sex and residence of the child, (3) the names and residence of his parent or parents, guardian or other person having control of the child, and (4) a prayer for appropriate action by the court in conformity with the provisions of this chapter.
(b) Upon the filing of a delinquency petition, the court may, either forthwith or after investigation, cause a summons, which summons shall have a copy of said verified petition attached thereto, signed by the judge or by the clerk or assistant clerk of such court, to be issued, requiring the child and the parent or parents, guardian or other person having control of the child to appear in court at the time and place therein specified. Whenever it appears to the judge that orders addressed to an adult, as set forth in section 46b-121, are necessary for the welfare of such child, a similar summons shall be issued and served upon such adult if such adult is not already in court. Service of summons, together with a copy of the verified petition, may be made by any one of the following methods: (1) By the delivery of a true and attested copy thereof to the person summoned, or at such person's usual place of abode; (2) by restricted delivery addressed to the person summoned, return receipt requested; or (3) by first class mail addressed to the person summoned. Any notice sent by first class mail shall include a provision informing the party that appearance in court as a result of the notice may subject the appearing party to the jurisdiction of the court. If service is made by first class mail and the party does not appear, no order may be entered by the court in the case. If, after reasonable effort, personal service has not been made, such substitute service, by publication or otherwise, as the judge may order, shall be sufficient. Service may be made by any officer authorized by law to serve process, or by a probation officer, probation aide or indifferent person, and the court may allow suitable expenses and a reasonable fee therefor. The court may punish for contempt, as provided in section 46b-121, any parent, guardian or other person so summoned who fails to appear in court at the time and place so specified.
(1949 Rev., S. 2807; 1967, P.A. 630, S. 6; 1969, P.A. 794, S. 6; P.A. 75-157; 75-226, S. 1; P.A. 76-436, S. 15, 681; P.A. 95-225, S. 14; P.A. 00-196, S. 27; P.A. 18-31, S. 32.)
History: 1967 act added requirement that copy of petition be served with the summons; 1969 act applied provisions to delinquent children only where previously applicable to “uncared-for, neglected, dependent or delinquent” children, added provisions re nonjudicial disposition of child and re contents of petition of delinquency and authorized service of summons at person's usual place of abode; P.A. 75-157 authorized probation aides to serve summons; P.A. 75-226 allowed court to order child to do work in public buildings or on public property in cases where complaint alleges that child's conduct resulted in wilful destruction of property; P.A. 76-436 made changes in wording to reflect transfer of juvenile court powers to superior court, effective July 1, 1978; Sec. 17-61 temporarily renumbered as Sec. 51-309 and ultimately transferred to Sec. 46b-128 in 1979, and references to other sections within provisions revised as necessary by the Revisors to reflect their transfer; P.A. 95-225 inserted Subsec. indicators, amended Subsec. (a) to delete the provision that prohibited nonjudicial supervision being continued beyond three months unless reviewed and extended by the judge or the supervising officer's administrative superior and with the continuing acceptance of such action by the child and his parent or guardian and add the provision that if a nonjudicial disposition is made, the term of nonjudicial supervision shall be established by the juvenile probation supervisor and shall not exceed 180 days and amended Subsec. (b) to authorize service of the summons and copy of the verified petition to be made by restricted delivery addressed to the person summoned, return receipt requested, or by first class mail addressed to the person summoned, require any notice sent by first class mail to inform the party that appearance in court as a result of the notice may subject the appearing party to the jurisdiction of the court, prohibit an order being entered in the case if service is by first class mail and the party does not appear, and authorize the court to punish for contempt any parent, guardian or other person so summoned who fails to appear in court at the time and place so specified; P.A. 00-196 made technical changes in Subsec. (b); P.A. 18-31 amended Subsec. (a) to add reference to juvenile probation supervisor's designee, effective July 1, 2018.
See Sec. 46b-142 re venue and appeals in juvenile matters.
Annotations to former sections 17-61 and 51-309:
Cited. 171 C. 630.
Cited. 19 CS 374; 26 CS 316.
Annotations to present section:
Cited. 206 C. 323; Id., 346; 211 C. 289; 229 C. 691.
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Sec. 46b-128a. Competency determinations in juvenile matters. (a) In any juvenile matter, as defined in section 46b-121, in which a child or youth is alleged to have committed a delinquent act or an act or omission for which a petition may be filed under section 46b-149, the child or youth shall not be tried, convicted, adjudicated or subject to any disposition pursuant to section 46b-140 or 46b-149 while the child or youth is not competent. For the purposes of this section, a transfer to the regular criminal docket of the Superior Court pursuant to section 46b-127 shall not be considered a disposition. A child or youth is not competent if the child or youth is unable to understand the proceedings against him or her or to assist in his or her own defense.
(b) If, at any time during a proceeding on a juvenile matter, it appears that the child or youth is not competent, counsel for the child or youth, the prosecutorial official, or the court, on its own motion, may request an examination to determine the child's or youth's competency. Whenever a request for a competency examination is under consideration by the court, the child or youth shall be represented by counsel in accordance with the provisions of sections 46b-135 and 46b-136.
(c) A child or youth alleged to have committed an offense is presumed to be competent. The age of the child or youth is not a per se determinant of incompetency. The burden of going forward with the evidence and proving that the child or youth is not competent by a preponderance of the evidence shall be on the party raising the issue of competency, except that if the court raises the issue of competency, the burden of going forward with the evidence shall be on the state. The court may call its own witnesses and conduct its own inquiry.
(d) If the court finds that the request for a competency examination is justified and that there is probable cause to believe that the child or youth has committed the alleged offense, the court shall order a competency examination of the child or youth. Competency examinations shall be conducted, within available appropriations, by (1) a clinical team constituted under policies and procedures established by the Chief Court Administrator, or (2) if agreed to by all parties, a physician specializing in psychiatry who has experience in conducting forensic interviews and in child and adult psychiatry. Any clinical team constituted under this section shall consist of three persons: A clinical psychologist with experience in child and adolescent psychology, and two of the following three types of professionals: (A) A clinical social worker licensed pursuant to chapter 383b, (B) a child and adolescent psychiatric nurse clinical specialist holding a master's degree in nursing, or (C) a physician specializing in psychiatry. At least one member of the clinical team shall have experience in conducting forensic interviews and at least one member of the clinical team shall have experience in child and adolescent psychology. The court may authorize a physician, a clinical psychologist, a child and adolescent psychiatric nurse specialist or a clinical social worker licensed pursuant to chapter 383b, selected by the child or youth, to observe the examination, at the expense of the child or youth or, if the child or youth is represented by counsel appointed through the Public Defender Services Commission, the Office of the Chief Public Defender. In addition, counsel for the child or youth, his or her designated representative and, if the child or youth is represented by a public defender, a social worker from the Division of Public Defender Services, may observe the examination.
(e) The examination shall be completed not later than fifteen business days after the date it was ordered, unless the time for completion is extended by the court for good cause shown. The members of the clinical team or the examining physician shall prepare and sign, without notarization, a written report and file such report with the court not later than twenty-one business days after the date of the order. The report shall address the child's or youth's ability to understand the proceedings against such child or youth and such child's or youth's ability to assist in his or her own defense. If the opinion of the clinical team or the examining physician set forth in such report is that the child cannot understand the proceedings against such child or youth or is not able to assist in his or her own defense, the members of the team or the examining physician must determine and address in their report: (1) Whether there is a substantial probability that the child or youth will attain or regain competency within ninety days of an intervention being ordered by the court; and (2) the nature and type of intervention, in the least restrictive setting possible, recommended to attain or regain competency. On receipt of the written report, the clerk of the court shall cause copies of such written report to be delivered to counsel for the state and counsel for the child or youth at least forty-eight hours prior to the hearing held under subsection (f) of this section.
(f) The court shall hold a hearing as to the competency of the child or youth not later than ten business days after the court receives the written report of the clinical team or the examining physician pursuant to subsection (e) of this section. A child or youth may waive such evidentiary hearing only if the clinical team or examining physician has determined without qualification that the child or youth is competent. Any evidence regarding the child's or youth's competency, including, but not limited to, the written report, may be introduced in evidence at the hearing by either the child or youth or the state. If the written report is introduced as evidence, at least one member of the clinical team or the examining physician shall be present to testify as to the determinations in the report, unless the clinical team's or the examining physician's presence is waived by the child or youth and the state. Any member of the clinical team shall be considered competent to testify as to the clinical team's determinations.
(g) (1) If the court, after the competency hearing, finds by a preponderance of the evidence that the child or youth is competent, the court shall continue with the prosecution of the juvenile matter.
(2) If the court, after the competency hearing, finds that the child or youth is not competent, the court shall determine: (A) Whether there is a substantial probability that the child or youth will attain or regain competency within ninety days of an intervention being ordered by the court; and (B) whether the recommended intervention to attain or regain competency is appropriate. In making its determination on an appropriate intervention, the court may consider: (i) The nature and circumstances of the alleged offense; (ii) the length of time the clinical team or examining physician estimates it will take for the child or youth to attain or regain competency; (iii) whether the child or youth poses a substantial risk to reoffend; and (iv) whether the child or youth is able to receive community-based services or treatment that would prevent the child or youth from reoffending.
(h) If the court finds that there is not a substantial probability that the child or youth will attain or regain competency within ninety days or that the recommended intervention to attain or regain competency is not appropriate, the court may issue an order in accordance with subsection (k) of this section.
(i) (1) If the court finds that there is a substantial probability that the child or youth will attain or regain competency within ninety days if provided an appropriate intervention, the court shall schedule a hearing on the implementation of such intervention within five business days.
(2) An intervention implemented for the purpose of restoring competency shall comply with the following conditions: (A) The period of intervention shall not exceed ninety days, unless extended for an additional ninety days in accordance with the criteria set forth in subsection (j) of this section; and (B) the intervention services shall be provided by the Department of Children and Families or, if the child's or youth's parent or guardian agrees to pay for such services, by any appropriate person, agency, mental health facility or treatment program that agrees to provide appropriate intervention services in the least restrictive setting available to the child or youth and comply with the requirements of this section.
(3) Prior to the hearing, the court shall notify the Commissioner of Children and Families, the commissioner's designee or the appropriate person, agency, mental health facility or treatment program that has agreed to provide appropriate intervention services to the child or youth that an intervention to attain or regain competency will be ordered. The commissioner, the commissioner's designee or the appropriate person, agency, mental health facility or treatment program shall be provided with a copy of the report of the clinical team or examining physician and shall report to the court on a proposed implementation of the intervention prior to the hearing.
(4) At the hearing, the court shall review the written report and order an appropriate intervention for a period not to exceed ninety days in the least restrictive setting available to restore competency. In making its determination, the court shall use the criteria set forth in subdivision (2) of subsection (g) of this section. Upon ordering an intervention, the court shall set a date for a hearing, to be held at least ten business days after the completion of the intervention period, for the purpose of reassessing the child's or youth's competency.
(j) (1) At least ten business days prior to the date of any scheduled hearing on the issue of the reassessment of the child's or youth's competency, the Commissioner of Children and Families, the commissioner's designee or other person, agency, mental health facility or treatment program providing intervention services to restore a child or youth to competency shall report on the progress of such intervention services to the clinical team or examining physician.
(2) Upon receipt of the report on the progress of such intervention, the child or youth shall be reassessed by the original clinical team or examining physician, except that if the original team or examining physician is unavailable, the court may appoint a new clinical team that, where possible, shall include at least one member of the original team, or a new examining physician. The new clinical team or examining physician shall have the same qualifications as the original team or examining physician, as provided in subsection (d) of this section, and shall have access to clinical information available from the provider of the intervention services. Not less than two business days prior to the date of any scheduled hearing on the reassessment of the child's or youth's competency, the clinical team or examining physician shall submit a report to the court that includes: (A) The clinical findings of the provider of the intervention services and the facts upon which the findings are made; (B) the clinical team's or the examining physician's opinion on whether the child or youth has attained or regained competency or is making progress toward attaining or regaining competency within the period covered by the intervention order; and (C) any other information concerning the child or youth requested by the court, including, but not limited to, the method of intervention or the type, dosage and effect of any medication the child or youth is receiving.
(3) Within two business days of the filing of a reassessment report, the court shall hold a hearing to determine if the child or youth has attained or regained competency within the period covered by the intervention order. If the court finds that the child or youth has attained or regained competency, the court shall continue with the prosecution of the juvenile matter. If the court finds that the child or youth has not attained or regained competency within the period covered by the intervention order, the court shall determine whether further efforts to attain or regain competency are appropriate. The court shall make its determination of whether further efforts to attain or regain competency are appropriate in accordance with the criteria set forth in subdivision (2) of subsection (g) of this section. If the court finds that further intervention to attain or regain competency is appropriate, the court shall order a new period for restoration of competency not to exceed ninety days. If the court finds that further intervention to attain or regain competency is not appropriate or the child or youth has not attained or regained competency after an additional intervention of ninety days, the court shall issue an order in accordance with subsection (k) of this section.
(k) (1) If the court determines after the period covered by the intervention order that the child or youth has not attained or regained competency and that there is not a substantial probability that the child or youth will attain or regain competency, or that further intervention to attain or regain competency is not appropriate based on the criteria set forth in subdivision (2) of subsection (g) of this section, the court shall: (A) Dismiss the petition if it is a delinquency or family with service needs petition; (B) vest temporary custody of the child or youth in the Commissioner of Children and Families and notify the Office of the Chief Public Defender, which shall assign an attorney to serve as guardian ad litem for the child or youth and investigate whether a petition should be filed under section 46b-129; or (C) order that the Department of Children and Families or some other person, agency, mental health facility or treatment program, or such child's or youth's probation officer, conduct or obtain an appropriate assessment and, where appropriate, propose a plan for services that can appropriately address the child's or youth's needs in the least restrictive setting available and appropriate. Any plan for services may include a plan for interagency collaboration for the provision of appropriate services after the child or youth attains the age of eighteen.
(2) Not later than ten business days after the issuance of an order pursuant to subparagraph (B) or (C) of subdivision (1) of this subsection, the court shall hold a hearing to review the order of temporary custody or any recommendations of the Department of Children and Families, such probation officer or such attorney or guardian ad litem for the child or youth.
(3) If the child or youth is adjudicated neglected, uncared-for or abused subsequent to such a petition being filed, or if a plan for services pursuant to subparagraph (C) of subdivision (1) of this subsection has been approved by the court and implemented, the court may dismiss the delinquency or family with service needs petition, or, in the discretion of the court, order that the prosecution of the case be suspended for a period not to exceed eighteen months. During the period of suspension, the court may order the Department of Children and Families to provide periodic reports to the court to ensure that appropriate services are being provided to the child or youth. If during the period of suspension, the child or youth or the parent or guardian of the child or youth does not comply with the requirements set forth in the plan for services, the court may hold a hearing to determine whether the court should follow the procedure under subparagraph (B) of subdivision (1) of this subsection for instituting a petition alleging that a child is neglected, uncared for or abused. Whenever the court finds that the need for the suspension of prosecution is no longer necessary, but not later than the expiration of such period of suspension, the delinquency or family with service needs petition shall be dismissed.
(June 12 Sp. Sess. P.A. 12-1, S. 268.)
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Sec. 46b-129. (Formerly Sec. 51-310). Commitment of child or youth. Petition for neglected, uncared for or abused child or youth. Hearing re temporary custody, order to appear or petition. Review of permanency plan. Cost of care and maintenance of child or youth; reimbursement. Revocation of commitment. Legal guardianships and permanent legal guardianships. Applicability of provisions re placement of child from another state and Interstate Compact on the Placement of Children. (a) Any selectman, town manager, or town, city or borough welfare department, any probation officer, or the Commissioner of Social Services, the Commissioner of Children and Families or any child-caring institution or agency approved by the Commissioner of Children and Families, a child or such child's representative or attorney or a foster parent of a child, having information that a child or youth is neglected, uncared for or abused may file with the Superior Court that has venue over such matter a verified petition plainly stating such facts as bring the child or youth within the jurisdiction of the court as neglected, uncared for or abused within the meaning of section 46b-120, the name, date of birth, sex and residence of the child or youth, the name and residence of such child's parents or guardian, and praying for appropriate action by the court in conformity with the provisions of this chapter. Upon the filing of such a petition, except as otherwise provided in subsection (k) of section 17a-112, the court shall cause a summons to be issued requiring the parent or parents or the guardian of the child or youth to appear in court at the time and place named, which summons shall be served not less than fourteen days before the date of the hearing in the manner prescribed by section 46b-128, and the court shall further give notice to the petitioner and to the Commissioner of Children and Families of the time and place when the petition is to be heard not less than fourteen days prior to the hearing in question.
(b) If it appears from the specific allegations of the petition and other verified affirmations of fact accompanying the petition and application, or subsequent thereto, that there is reasonable cause to believe that (1) the child or youth is suffering from serious physical illness or serious physical injury or is in immediate physical danger from the child's or youth's surroundings, and (2) as a result of said conditions, the child's or youth's safety is endangered and immediate removal from such surroundings is necessary to ensure the child's or youth's safety, the court shall either (A) issue an order to the parents or other person having responsibility for the care of the child or youth to appear at such time as the court may designate to determine whether the court should vest the child's or youth's temporary care and custody in a person related to the child or youth by blood or marriage or in some other person or suitable agency pending disposition of the petition, or (B) issue an order ex parte vesting the child's or youth's temporary care and custody in a person related to the child or youth by blood or marriage or in some other person or suitable agency. A preliminary hearing on any ex parte custody order or order to appear issued by the court shall be held not later than ten days after the issuance of such order. The service of such orders may be made by any officer authorized by law to serve process, or by any probation officer appointed in accordance with section 46b-123, investigator from the Department of Administrative Services, state or local police officer or indifferent person. Such orders shall include a conspicuous notice to the respondent written in clear and simple language containing at least the following information: (i) That the order contains allegations that conditions in the home have endangered the safety and welfare of the child or youth; (ii) that a hearing will be held on the date on the form; (iii) that the hearing is the opportunity to present the parents' position concerning the alleged facts; (iv) that an attorney will be appointed for parents who cannot afford an attorney; (v) that such parents may apply for a court-appointed attorney by going in person to the court address on the form and are advised to go as soon as possible in order for the attorney to prepare for the hearing; (vi) that such parents, or a person having responsibility for the care and custody of the child or youth, may request the Commissioner of Children and Families to investigate placing the child or youth with a person related to the child or youth by blood or marriage who might serve as a licensed foster parent or temporary custodian for such child or youth. The commissioner shall investigate any relative or relatives proposed to serve as a licensed foster parent or temporary custodian for such child or youth prior to the preliminary hearing and provide a preliminary report to the court at such hearing as to such relative's or relatives' suitability and any potential barriers to licensing such relative or relatives as a foster parent or parents or granting temporary custody of such child or youth to such relative or relatives; and (vii) that if such parents have any questions concerning the case or appointment of counsel, any such parent is advised to go to the court or call the clerk's office at the court as soon as possible. Upon application for appointed counsel, the court shall promptly determine eligibility and, if the respondent is eligible, promptly appoint counsel. The expense for any temporary care and custody shall be paid by the town in which such child or youth is at the time residing, and such town shall be reimbursed for such expense by the town found liable for the child's or youth's support, except that where a state agency has filed a petition pursuant to the provisions of subsection (a) of this section, the agency shall pay such expense. The agency shall give primary consideration to placing the child or youth in the town where such child or youth resides. The agency shall file in writing with the clerk of the court the reasons for placing the child or youth in a particular placement outside the town where the child or youth resides. Upon issuance of an ex parte order, the court shall provide to the commissioner and the parent or guardian specific steps necessary for each to take to address the ex parte order for the parent or guardian to retain or regain custody of the child or youth. Upon the issuance of such order, or not later than sixty days after the issuance of such order, the court shall make a determination whether the Department of Children and Families made reasonable efforts to keep the child or youth with his or her parents or guardian prior to the issuance of such order and, if such efforts were not made, whether such reasonable efforts were not possible, taking into consideration the child's or youth's best interests, including the child's or youth's health and safety. Any person or agency in which the temporary care and custody of a child or youth is vested under this section shall have the following rights and duties regarding the child or youth: (I) The obligation of care and control; (II) the authority to make decisions regarding emergency medical, psychological, psychiatric or surgical treatment; and (III) such other rights and duties that the court having jurisdiction may order.
(c) The preliminary hearing on the order of temporary custody or order to appear or the first hearing on a petition filed pursuant to subsection (a) of this section shall be held in order for the court to:
(1) Advise the parent or guardian of the allegations contained in all petitions and applications that are the subject of the hearing and the parent's or guardian's right to counsel pursuant to subsection (b) of section 46b-135;
(2) Ensure that an attorney, and where appropriate, a separate guardian ad litem has been appointed to represent the child or youth in accordance with subsection (b) of section 51-296a and sections 46b-129a and 46b-136;
(3) Upon request, appoint an attorney to represent the respondent when the respondent is unable to afford representation, in accordance with subsection (b) of section 51-296a;
(4) Advise the parent or guardian of the right to a hearing on the petitions and applications, to be held not later than ten days after the date of the preliminary hearing if the hearing is pursuant to an order of temporary custody or an order to show cause;
(5) Accept a plea regarding the truth of the allegations;
(6) Make any interim orders, including visitation orders, that the court determines are in the best interests of the child or youth. The court, after a hearing pursuant to this subsection, shall order specific steps the commissioner and the parent or guardian shall take for the parent or guardian to regain or to retain custody of the child or youth;
(7) Take steps to determine the identity of the alleged genetic parent of the child or youth, including, if necessary, inquiring of the birth parent of the child or youth, under oath, as to the identity and address of any person who might be the genetic parent of the child or youth and ordering genetic testing, and order service of the petition and notice of the hearing date, if any, to be made upon such alleged genetic parent;
(8) If the person named as the alleged genetic parent appears and admits that such person is the genetic parent, provide such person and the birth parent with the notices that comply with section 17b-27 and provide them with the opportunity to sign an acknowledgment of parentage on forms that comply with section 17b-27. Such documents shall be executed and filed in accordance with chapter 815y and a copy delivered to the clerk of the superior court for juvenile matters. The clerk of the superior court for juvenile matters shall send the original acknowledgment of parentage to the Department of Public Health for filing in the parentage registry maintained under section 19a-42a, and shall maintain a copy of the acknowledgment of parentage in the court file;
(9) If the person named as an alleged genetic parent appears and denies that such person is the genetic parent of the child or youth, order genetic testing to determine parentage in accordance with the Connecticut Parentage Act. The clerk of the court shall send a certified copy of any judgment adjudicating parentage to the Department of Public Health for filing in the parentage registry maintained under section 19a-42a. If the results of the genetic tests indicate that the person named as the alleged genetic parent is not the genetic parent of the child or youth, the court shall enter a judgment that such person is not the genetic parent and the court shall remove such person from the case and afford such person no further standing in the case or in any subsequent proceeding regarding the child or youth;
(10) Identify any person or persons related to the child or youth by blood, marriage or law residing in this state who might serve as licensed foster parents or temporary custodians and order the Commissioner of Children and Families to investigate and report to the court, not later than thirty days after the preliminary hearing, the appropriateness of placing the child or youth with such relative or relatives; and
(11) In accordance with the provisions of the Interstate Compact on the Placement of Children pursuant to section 17a-175, identify any person or persons related to the child or youth by blood, marriage or law residing out of state who might serve as licensed foster parents or temporary custodians, and order the Commissioner of Children and Families to investigate and determine, within a reasonable time, the appropriateness of placing the child or youth with such relative or relatives.
(d) (1) (A) If not later than thirty days after the preliminary hearing, or within a reasonable time when a relative resides out of state, the Commissioner of Children and Families determines that there is not a suitable person related to the child or youth by blood or marriage who can be licensed as a foster parent or serve as a temporary custodian, and the court has not granted temporary custody to a person related to the child or youth by blood or marriage, any person related to the child or youth by blood or marriage may file, not later than ninety days after the date of the preliminary hearing, a motion to intervene for the limited purpose of moving for temporary custody of such child or youth. If a motion to intervene is timely filed, the court shall grant such motion except for good cause shown.
(B) Any person related to a child or youth may file a motion to intervene for purposes of seeking temporary custody of a child or youth more than ninety days after the date of the preliminary hearing. The granting of such motion shall be solely in the court's discretion, except that such motion shall be granted absent good cause shown whenever the child's or youth's most recent placement has been disrupted or is about to be disrupted.
(C) A relative shall appear in person, with or without counsel, and shall not be entitled to court appointed counsel or the assignment of counsel by the office of Chief Public Defender, except as provided in section 46b-136.
(2) Upon the granting of intervenor status to such relative of the child or youth, the court shall issue an order directing the Commissioner of Children and Families to conduct an assessment of such relative and to file a written report with the court not later than forty days after such order, unless such relative resides out of state, in which case the assessment shall be ordered and requested in accordance with the provisions of the Interstate Compact on the Placement of Children, pursuant to section 17a-175. The court may also request such relative to release such relative's medical records, including any psychiatric or psychological records and may order such relative to submit to a physical or mental examination. The expenses incurred for such physical or mental examination shall be paid as costs of commitment are paid. Upon receipt of the assessment, the court shall schedule a hearing on such relative's motion for temporary custody not later than fifteen days after the receipt of the assessment. If the Commissioner of Children and Families, the child's or youth's attorney or guardian ad litem, or the parent or guardian objects to the vesting of temporary custody in such relative, the agency or person objecting at such hearing shall be required to prove by a fair preponderance of the evidence that granting temporary custody of the child or youth to such relative would not be in the best interests of such child or youth.
(3) If the court grants such relative temporary custody during the period of such temporary custody, such relative shall be subject to orders of the court, including, but not limited to, providing for the care and supervision of such child or youth and cooperating with the Commissioner of Children and Families in the implementation of treatment and permanency plans and services for such child or youth. The court may, on motion of any party or the court's own motion, after notice and a hearing, terminate such relative's intervenor status if such relative's participation in the case is no longer warranted or necessary.
(4) Any person related to a child or youth may file a motion to intervene for purposes of seeking guardianship of a child or youth more than ninety days after the date of the preliminary hearing. The granting of such motion to intervene shall be solely in the court's discretion, except that such motion shall be granted absent good cause shown whenever the child's or youth's most recent placement has been disrupted or is about to be disrupted. The court may, in the court's discretion, order the Commissioner of Children and Families to conduct an assessment of such relative granted intervenor status pursuant to this subdivision.
(5) Any relative granted intervenor status pursuant to this subsection shall not be entitled to court-appointed counsel or representation by Division of Public Defender Services assigned counsel, except as provided in section 46b-136.
(e) If any parent or guardian fails, after service of such order, to appear at the preliminary hearing, the court may enter or sustain an order of temporary custody.
(f) Upon request, or upon its own motion, the court shall schedule a hearing on the order for temporary custody or the order to appear to be held not later than ten days after the date of the preliminary hearing. Such hearing shall be held on consecutive days except for compelling circumstances or at the request of the parent or guardian.
(g) At a contested hearing on the order for temporary custody or order to appear, credible hearsay evidence regarding statements of the child or youth made to a mandated reporter or to a parent may be offered by the parties and admitted by the court upon a finding that the statement is reliable and trustworthy and that admission of such statement is reasonably necessary. A signed statement executed by a mandated reporter under oath may be admitted by the court without the need for the mandated reporter to appear and testify unless called by a respondent or the child, provided the statement: (1) Was provided at the preliminary hearing and promptly upon request to any counsel appearing after the preliminary hearing; (2) reasonably describes the qualifications of the reporter and the nature of his contact with the child; and (3) contains only the direct observations of the reporter, and statements made to the reporter that would be admissible if the reporter were to testify to them in court and any opinions reasonably based thereupon. If a respondent or the child gives notice at the preliminary hearing that he intends to cross-examine the reporter, the person filing the petition shall make the reporter available for such examination at the contested hearing.
(h) If any parent or guardian fails, after due notice of the hearing scheduled pursuant to subsection (g) of this section and without good cause, to appear at the scheduled date for a contested hearing on the order of temporary custody or order to appear, the court may enter or sustain an order of temporary custody.
(i) When a petition is filed in said court for the commitment of a child or youth, the Commissioner of Children and Families shall make a thorough investigation of the case and shall cause to be made a thorough physical and mental examination of the child or youth if requested by the court. The court after hearing may also order a thorough physical or mental examination, or both, of a parent or guardian whose competency or ability to care for a child or youth before the court is at issue. The expenses incurred in making such physical and mental examinations shall be paid as costs of commitment are paid.
(j) (1) For the purposes of this subsection and subsection (k) of this section, (A) “permanent legal guardianship” means a permanent guardianship, as defined in section 45a-604, and (B) “caregiver” means (i) a fictive kin caregiver, as defined in section 17a-114, who is caring for a child, (ii) a relative caregiver, as defined in section 17a-126, who is caring for a child, or (iii) a person who is licensed or approved to provide foster care pursuant to section 17a-114, who is caring for a child.
(2) Upon finding and adjudging that any child or youth is uncared for, neglected or abused the court may (A) commit such child or youth to the Commissioner of Children and Families, and such commitment shall remain in effect until further order of the court, except that such commitment may be revoked or parental rights terminated at any time by the court; (B) vest such child's or youth's legal guardianship in any private or public agency that is permitted by law to care for neglected, uncared for or abused children or youths or with any other person or persons found to be suitable and worthy of such responsibility by the court, including, but not limited to, any relative of such child or youth by blood or marriage; (C) vest such child's or youth's permanent legal guardianship in any person or persons found to be suitable and worthy of such responsibility by the court, including, but not limited to, any relative of such child or youth by blood or marriage in accordance with the requirements set forth in subdivision (5) of this subsection; or (D) place the child or youth in the custody of the parent or guardian with protective supervision by the Commissioner of Children and Families subject to conditions established by the court.
(3) If the court determines that the commitment should be revoked and the child's or youth's legal guardianship or permanent legal guardianship should vest in someone other than the respondent parent, parents or former guardian, or if parental rights are terminated at any time, there shall be a rebuttable presumption that an award of legal guardianship or permanent legal guardianship upon revocation to, or adoption upon termination of parental rights by, any caregiver or person or who is, pursuant to an order of the court, the temporary custodian of the child or youth at the time of the revocation or termination, shall be in the best interests of the child or youth and that such caregiver is a suitable and worthy person to assume legal guardianship or permanent legal guardianship upon revocation or to adopt such child or youth upon termination of parental rights. The presumption may be rebutted by a preponderance of the evidence that an award of legal guardianship or permanent legal guardianship to, or an adoption by, such caregiver would not be in the child's or youth's best interests and such caregiver is not a suitable and worthy person. The court shall order specific steps that the parent must take to facilitate the return of the child or youth to the custody of such parent.
(4) The commissioner shall be the guardian of such child or youth for the duration of the commitment, provided the child or youth has not reached the age of eighteen years, or until another guardian has been legally appointed, and in like manner, upon such vesting of the care of such child or youth, such other public or private agency or individual shall be the guardian of such child or youth until such child or youth has reached the age of eighteen years or, in the case of a child or youth in full-time attendance in a secondary school, a technical education and career school, a college or a state-accredited job training program, until such child or youth has reached the age of twenty-one years or until another guardian has been legally appointed. The commissioner may place any child or youth so committed to the commissioner in a suitable foster home or in the home of a fictive kin caregiver, relative caregiver, or in a licensed child-caring institution or in the care and custody of any accredited, licensed or approved child-caring agency, within or without the state, provided a child shall not be placed outside the state except for good cause and unless the parents or guardian of such child are notified in advance of such placement and given an opportunity to be heard, or in a receiving home maintained and operated by the commissioner. When placing such child or youth, the commissioner shall provide written notification of the placement, including the name, address and other relevant contact information relating to the placement, to any attorney or guardian ad litem appointed to represent the child or youth pursuant to subsection (c) of this section. The commissioner shall provide written notification to such attorney or guardian ad litem of any change in placement of such child or youth, including a hospitalization or respite placement, and if the child or youth absconds from care. The commissioner shall provide such written notification not later than ten business days prior to the date of change of placement in a nonemergency situation, or not later than two business days following the date of a change of placement in an emergency situation. In placing such child or youth, the commissioner shall, if possible, select a home, agency, institution or person of like religious faith to that of a parent of such child or youth, if such faith is known or may be ascertained by reasonable inquiry, provided such home conforms to the standards of the commissioner and the commissioner shall, when placing siblings, if possible, place such children together. At least ten days prior to transferring a child or youth to a second or subsequent placement, the commissioner shall give written notice to such child or youth and such child or youth's attorney of said commissioner's intention to make such transfer, unless an emergency or risk to such child or youth's well-being necessitates the immediate transfer of such child and renders such notice impossible. Upon the issuance of an order committing the child or youth to the commissioner, or not later than sixty days after the issuance of such order, the court shall determine whether the department made reasonable efforts to keep the child or youth with his or her parents or guardian prior to the issuance of such order and, if such efforts were not made, whether such reasonable efforts were not possible, taking into consideration the child's or youth's best interests, including the child's or youth's health and safety.
(5) A youth who is committed to the commissioner pursuant to this subsection and has reached eighteen years of age may remain in the care of the commissioner, by consent of the youth and provided the youth has not reached the age of twenty-one years of age, if the youth is (A) enrolled in a full-time approved secondary education program or an approved program leading to an equivalent credential; (B) enrolled full time in an institution which provides postsecondary or vocational education; or (C) participating full time in a program or activity approved by said commissioner that is designed to promote or remove barriers to employment. The commissioner, in his or her discretion, may waive the provision of full-time enrollment or participation based on compelling circumstances. Not more than one hundred twenty days after the youth's eighteenth birthday, the department shall file a motion in the superior court for juvenile matters that had jurisdiction over the youth's case prior to the youth's eighteenth birthday for a determination as to whether continuation in care is in the youth's best interest and, if so, whether there is an appropriate permanency plan. The court, in its discretion, may hold a hearing on said motion.
(6) Prior to issuing an order for permanent legal guardianship, the court shall provide notice to each parent that the parent may not file a motion to terminate the permanent legal guardianship, or the court shall indicate on the record why such notice could not be provided, and the court shall find by clear and convincing evidence that the permanent legal guardianship is in the best interests of the child or youth and that the following have been proven by clear and convincing evidence:
(A) One of the statutory grounds for termination of parental rights exists, as set forth in subsection (j) of section 17a-112, or the parents have voluntarily consented to the establishment of the permanent legal guardianship;
(B) Adoption of the child or youth is not possible or appropriate;
(C) (i) If the child or youth is at least twelve years of age, such child or youth consents to the proposed permanent legal guardianship, or (ii) if the child is under twelve years of age, the proposed permanent legal guardian is: (I) A relative, (II) a caregiver, or (III) already serving as the permanent legal guardian of at least one of the child's siblings, if any;
(D) The child or youth has resided with the proposed permanent legal guardian for at least a year; and
(E) The proposed permanent legal guardian is (i) a suitable and worthy person, and (ii) committed to remaining the permanent legal guardian and assuming the right and responsibilities for the child or youth until the child or youth attains the age of majority.
(7) An order of permanent legal guardianship may be reopened and modified and the permanent legal guardian removed upon the filing of a motion with the court, provided it is proven by a fair preponderance of the evidence that the permanent legal guardian is no longer suitable and worthy. A parent may not file a motion to terminate a permanent legal guardianship. If, after a hearing, the court terminates a permanent legal guardianship, the court, in appointing a successor legal guardian or permanent legal guardian for the child or youth shall do so in accordance with this subsection.
(k) (1) (A) Nine months after placement of the child or youth in the care and custody of the commissioner pursuant to a voluntary placement agreement, or removal of a child or youth pursuant to section 17a-101g or an order issued by a court of competent jurisdiction, whichever is earlier, the commissioner shall file a motion for review of a permanency plan if the child or youth has not reached his or her eighteenth birthday. Nine months after a permanency plan has been approved by the court pursuant to this subsection or subdivision (5) of subsection (j) of this section, the commissioner shall file a motion for review of the permanency plan. Any party seeking to oppose the commissioner's permanency plan, including a relative of a child or youth by blood or marriage who has intervened pursuant to subsection (d) of this section and is licensed as a foster parent for such child or youth or is vested with such child's or youth's temporary custody by order of the court, shall file a motion in opposition not later than thirty days after the filing of the commissioner's motion for review of the permanency plan, which motion shall include the reason therefor. A permanency hearing on any motion for review of the permanency plan shall be held not later than ninety days after the filing of such motion. The court shall hold evidentiary hearings in connection with any contested motion for review of the permanency plan and credible hearsay evidence regarding any party's compliance with specific steps ordered by the court shall be admissible at such evidentiary hearings. The commissioner shall have the burden of proving that the proposed permanency plan is in the best interests of the child or youth. After the initial permanency hearing, subsequent permanency hearings shall be held not less frequently than every twelve months while the child or youth remains in the custody of the Commissioner of Children and Families or, if the youth is over eighteen years of age, while the youth remains in voluntary placement with the department. The court shall provide notice to the child or youth, the parent or guardian of such child or youth, and any intervenor of the time and place of the court hearing on any such motion not less than fourteen days prior to such hearing.
(B) (i) If a child is at least twelve years of age, the child's permanency plan, and any revision to such plan, shall be developed in consultation with the child. In developing or revising such plan, the child may consult up to two individuals participating in the department's case plan regarding such child, neither of whom shall be the foster parent or caseworker of such child. One individual so selected by such child may be designated as the child's advisor for purposes of developing or revising the permanency plan. Regardless of the child's age, the commissioner shall provide not less than five days' advance written notice of any permanency team meeting concerning the child's permanency plan to an attorney or guardian ad litem appointed to represent the child pursuant to subsection (c) of this section.
(ii) If a child is at least twelve years of age, the commissioner shall notify the parent or guardian, foster parent and child of any administrative case review regarding such child's commitment not less than five days prior to such review and shall make a reasonable effort to schedule such review at a time and location that allows the parent or guardian, foster parent and child to attend.
(iii) If a child is at least twelve years of age, such child shall, whenever possible, identify not more than three adults with whom such child has a significant relationship and who may serve as a permanency resource. The identity of such adults shall be recorded in the case plan of such child.
(2) At a permanency hearing held in accordance with the provisions of subdivision (1) of this subsection, the court shall approve a permanency plan that is in the best interests of the child or youth and takes into consideration the child's or youth's need for permanency. The child's or youth's health and safety shall be of paramount concern in formulating such plan. Such permanency plan may include the goal of (A) revocation of commitment and reunification of the child or youth with the parent or guardian, with or without protective supervision; (B) transfer of guardianship or permanent legal guardianship; (C) filing of termination of parental rights and adoption; or (D) for a child sixteen years of age or older, another planned permanent living arrangement ordered by the court, provided the Commissioner of Children and Families has documented a compelling reason why it would not be in the best interests of the child or youth for the permanency plan to include the goals in subparagraphs (A) to (C), inclusive, of this subdivision. Such other planned permanent living arrangement shall, whenever possible, include an adult who has a significant relationship with the child, and who is willing to be a permanency resource, and may include, but not be limited to, placement of a youth in an independent living program or long term foster care with an identified foster parent.
(3) If the permanency plan for a child sixteen years of age or older includes the goal of another planned permanent living arrangement pursuant to subparagraph (D) of subdivision (2) of this subsection or subdivision (3) of subsection (c) of section 17a-111b, the department shall document for the court: (A) The manner and frequency of efforts made by the department to return the child home or to secure placement for the child with a fit and willing relative, legal guardian or adoptive parent; and (B) the steps the department has taken to ensure (i) the child's foster family home or child care institution is following a reasonable and prudent parent standard, as defined in section 17a-114d; and (ii) the child has regular opportunities to engage in age appropriate and developmentally appropriate activities, as defined in section 17a-114d.
(4) At a permanency hearing held in accordance with the provisions of subdivision (1) of this subsection, the court shall (A) (i) ask the child or youth about his or her desired permanency outcome, or (ii) if the child or youth is unavailable to appear at such hearing, require the attorney for the child or youth to consult with the child or youth regarding the child's or youth's desired permanency outcome and report the same to the court, (B) review the status of the child or youth, (C) review the progress being made to implement the permanency plan, (D) determine a timetable for attaining the permanency plan, (E) determine the services to be provided to the parent if the court approves a permanency plan of reunification and the timetable for such services, and (F) determine whether the commissioner has made reasonable efforts to achieve the permanency plan. The court may revoke commitment if a cause for commitment no longer exists and it is in the best interests of the child or youth.
(5) If the permanency plan for a child sixteen years of age or older includes the goal of another planned permanent living arrangement pursuant to subparagraph (D) of subdivision (2) of this subsection, the court shall (A) (i) ask the child about his or her desired permanency outcome, or (ii) if the child is unavailable to appear at a permanency hearing held in accordance with the provisions of subdivision (1) of this subsection, require the attorney for the child to consult with the child regarding the child's desired permanency outcome and report the same to the court; (B) make a judicial determination that, as of the date of hearing, another planned permanent living arrangement is the best permanency plan for the child; and (C) document the compelling reasons why it is not in the best interest of the child to return home or to be placed with a fit and willing relative, legal guardian or adoptive parent.
(6) If the court approves the permanency plan of adoption: (A) The Commissioner of Children and Families shall file a petition for termination of parental rights not later than sixty days after such approval if such petition has not previously been filed; (B) the commissioner may conduct a thorough adoption assessment and child-specific recruitment; and (C) the court may order that the child be photo-listed within thirty days if the court determines that such photo-listing is in the best interests of the child or youth. As used in this subdivision, “thorough adoption assessment” means conducting and documenting face-to-face interviews with the child or youth, foster care providers and other significant parties and “child specific recruitment” means recruiting an adoptive placement targeted to meet the individual needs of the specific child or youth, including, but not limited to, use of the media, use of photo-listing services and any other in-state or out-of-state resources that may be used to meet the specific needs of the child or youth, unless there are extenuating circumstances that indicate that such efforts are not in the best interests of the child or youth.
(l) The Commissioner of Children and Families shall pay directly to the person or persons furnishing goods or services determined by said commissioner to be necessary for the care and maintenance of such child or youth the reasonable expense thereof, payment to be made at intervals determined by said commissioner; and the Comptroller shall draw his or her order on the Treasurer, from time to time, for such part of the appropriation for care of committed children or youths as may be needed in order to enable the commissioner to make such payments. The commissioner shall include in the department's annual budget a sum estimated to be sufficient to carry out the provisions of this section. Notwithstanding that any such child or youth has income or estate, the commissioner may pay the cost of care and maintenance of such child or youth. The commissioner may bill to and collect from the person in charge of the estate of any child or youth aided under this chapter, or the payee of such child's or youth's income, the total amount expended for care of such child or youth or such portion thereof as any such estate or payee is able to reimburse, provided the commissioner shall not collect from such estate or payee any reimbursement for the cost of care or other expenditures made on behalf of such child or youth from (1) the proceeds of any cause of action received by such child or youth; (2) any lottery proceeds due to such child or youth; (3) any inheritance due to such child or youth; (4) any payment due to such child or youth from a trust other than a trust created pursuant to 42 USC 1396p, as amended from time to time; or (5) the decedent estate of such child or youth.
(m) The commissioner, a parent or the child's attorney may file a motion to revoke a commitment, and, upon finding that cause for commitment no longer exists, and that such revocation is in the best interests of such child or youth, the court may revoke the commitment of such child or youth. No such motion shall be filed more often than once every six months.
(n) If the court has ordered legal guardianship of a child or youth to be vested in a suitable and worthy person pursuant to subsection (j) of this section, the child's or youth's parent or former legal guardian may file a motion to reinstate guardianship of the child or youth in such parent or former legal guardian. Upon the filing of such a motion, the court may order the Commissioner of Children and Families to investigate the home conditions and needs of the child or youth and the home conditions of the person seeking reinstatement of guardianship, and to make a recommendation to the court. A party to a motion for reinstatement of guardianship shall not be entitled to court-appointed counsel or representation by Division of Public Defender Services assigned counsel, except as provided in section 46b-136. Upon finding that the cause for the removal of guardianship no longer exists, and that reinstatement is in the best interests of the child or youth, the court may reinstate the guardianship of the parent or the former legal guardian. No such motion may be filed more often than once every six months.
(o) Upon service on the parent, guardian or other person having control of the child or youth of any order issued by the court pursuant to the provisions of subsections (b) and (j) of this section, the child or youth concerned shall be surrendered to the person serving the order who shall forthwith deliver the child or youth to the person, agency, department or institution awarded custody in the order. Upon refusal of the parent, guardian or other person having control of the child or youth to surrender the child or youth as provided in the order, the court may cause a warrant to be issued charging the parent, guardian or other person having control of the child or youth with contempt of court. If the person arrested is found in contempt of court, the court may order such person confined until the person complies with the order, but for not more than six months, or may fine such person not more than five hundred dollars, or both.
(p) A foster parent, prospective adoptive parent or relative caregiver shall receive notice and have the right to be heard for the purposes of this section in Superior Court in any proceeding concerning a foster child living with such foster parent, prospective adoptive parent or relative caregiver. A foster parent, prospective adoptive parent or relative caregiver who has cared for a child or youth shall have the right to be heard and comment on the best interests of such child or youth in any proceeding under this section which is brought not more than one year after the last day the foster parent, prospective adoptive parent or relative caregiver provided such care.
(q) Upon motion of any sibling of any child committed to the Department of Children and Families pursuant to this section, such sibling shall have the right to be heard concerning visitation with, and placement of, any such child. In awarding any visitation or modifying any placement, the court shall be guided by the best interests of all siblings affected by such determination.
(r) The provisions of section 17a-152, regarding placement of a child from another state, and section 17a-175, regarding the Interstate Compact on the Placement of Children, shall apply to placements pursuant to this section. In any proceeding under this section involving the placement of a child or youth in another state where the provisions of section 17a-175 are applicable, the court shall, before ordering or approving such placement, state for the record the court's finding concerning compliance with the provisions of section 17a-175. The court's statement shall include, but not be limited to: (1) A finding that the state has received notice in writing from the receiving state, in accordance with subsection (d) of Article III of section 17a-175, indicating that the proposed placement does not appear contrary to the interests of the child, (2) the court has reviewed such notice, (3) whether or not an interstate compact study or other home study has been completed by the receiving state, and (4) if such a study has been completed, whether the conclusions reached by the receiving state as a result of such study support the placement.
(s) In any proceeding under this section, the Department of Children and Families shall provide notice to each attorney of record for each party involved in the proceeding when the department seeks to transfer a child or youth in its care, custody or control to an out-of-state placement.
(t) If a child or youth is placed into out-of-home care by the Commissioner of Children and Families pursuant to this section, the commissioner shall include in any report the commissioner submits to the court information regarding (1) the safety and suitability of such child or youth's placement, taking into account the requirements set forth in section 17a-114; (2) such child or youth's medical, dental, developmental, educational and treatment needs; and (3) a timeline for ensuring that such needs are met. Such information shall also be submitted to the court (A) not later than ninety days after such child or youth is placed into out-of-home care; (B) if such child or youth's out-of-home placement changes; and (C) if the commissioner files a permanency plan on behalf of such child or youth. The court shall consider such information in making decisions regarding such child or youth's well-being.
(1949 Rev., S. 2634, subs. (a)–(e); 1949, 1953, 1955, S. 1469d, subs. (a)–(e); 1957, P.A. 50; 1959, P.A. 293; 1967, P.A. 698; 1969, P.A. 794, S. 7; 1971, P.A. 150; 184; 231; 253; 1972, P.A. 127, S. 24; 294, S. 18; P.A. 73-205, S. 5; 73-546, S. 2; 73-625, S. 3, 4; P.A. 74-251, S. 10, 11; P.A. 75-420, S. 4, 6; 75-492, S. 1, 2; 75-602, S. 4, 13; P.A. 76-436, S. 16, 668, 681; P.A. 77-272; 77-273; 77-614, S. 71, 521, 587, 610; P.A. 78-223, S. 1, 2; 78-303, S. 85, 136; P.A. 79-423; 79-579; 79-631, S. 84, 111; P.A. 80-483, S. 121, 186; P.A. 82-181, S. 1, 2; P.A. 84-449, S. 5, 7; P.A. 93-91, S. 1, 2; 93-262, S. 1, 87; P.A. 95-238, S. 4; P.A. 96-246, S. 20, 21; P.A. 97-319, S. 19, 22; P.A. 98-185; 98-241, S. 5, 18; June Sp. Sess. P.A. 98-1, S. 102, 121; P.A. 00-137, S. 2, 3, 15; P.A. 01-142, S. 6–8; 01-149, S. 1; 01-195, S. 37, 38, 181; June Sp. Sess. P.A. 01-2, S. 33, 69; June Sp. Sess. P.A. 01-9, S. 129, 131; May 9 Sp. Sess. P.A. 02-7, S. 29, 30; P.A. 03-243, S. 2; P.A. 06-102, S. 9; 06-196, S. 173; P.A. 07-159, S. 5; 07-174, S. 3; 07-203, S. 1; P.A. 09-185, S. 3; 09-194, S. 4; P.A. 10-26, S. 6; 10-43, S. 38; P.A. 11-51, S. 16; 11-116, S. 3; 11-180, S. 3; 11-240, S. 8; June 12 Sp. Sess. P.A. 12-1, S. 269, 272, 273; P.A. 13-31, S. 29; 13-194, S. 5, 6; 13-228, S. 1; 13-234, S. 71, 72; P.A. 15-199, S. 3; P.A. 16-124, S. 3; P.A. 17-92, S. 2, 3; 17-237, S. 115; P.A. 18-58, S. 1; 18-67, S. 11; 18-186, S. 1, 2; P.A. 21-15, S. 117; 21-140, S. 5.)
History: 1959 act specified that commissioner is to pay cost of child's care and maintenance and collect cost of care and maintenance from child's estate or income in Subsec. (d); 1967 act added “dependent child” to classification of children within section and added custody by private or public agency to Subsec. (c); 1969 act rephrased provisions and rearranged Subsecs., authorized filing in Subsec. (a) by town manager, local welfare department and commission on youth services, deleting authority for parent or guardian, Long Lane School and Connecticut State Farm for Women to file and added provisions in Subsec. (c) re physical and/or mental examinations of parents or guardians; 1971 acts authorized application by person who acknowledges paternity of a child born out of wedlock in Subsec. (f), added Subsec. (g) re surrender of child upon court order, rephrased provision in Subsec. (e) re recovery of costs of child's care and maintenance and specified in Subsec. (b) who may serve orders for temporary custody; 1972 acts changed age at which child's guardianship terminates from 21 to 18, reflecting changed age of majority, in Subsec. (d) and referred to annual rather than biennial budgets in Subsec. (e); P.A. 73-205 authorized court to order child's parent or person responsible for child to show cause why temporary custody should not be vested in suitable agency or person pending hearing and specified that hearing must be held within 10 days from issuance of order in Subsec. (b); P.A. 73-546 rephrased provision in Subsec. (e) re recovery of costs of child's care and maintenance; P.A. 73-625 extended period of guardianship until child is twenty-one where he is in full-time attendance in secondary or technical school, college or state-accredited job training program in Subsec. (d); P.A. 74-251 authorized commitments to commissioner of children and youth services after April 1, 1975, in Subsecs. (a) and (d); P.A. 75-420 replaced welfare commissioner with commissioner of social services generally; P.A. 75-492 deleted reference to welfare commissioner and authorized filing by child, his representative, attorney or foster parent in Subsec. (a); P.A. 75-602 applied provisions to youths, included in Subsec. (a) reference to “dependent” children and substituted children and youth services commissioner for welfare commissioner in Subsec. (c); P.A. 76-436 deleted references to superior court for references to juvenile court where appearing, effective July 1, 1978; P.A. 77-272 added proviso in Subsec. (d) re conditions which must be met for out-of-state placements; P.A. 77-273 added Subsec. (h) re standing of foster parent; P.A. 77-614 and P.A. 78-303 replaced central collections division of finance and control department with department of administrative services in Subsec. (b) and, effective January 1, 1979, replaced references to social services commissioner with references to human resources commissioner; P.A. 78-223 specified commissioner in Subsec. (e) as commissioner “of the department to which the child or youth is committed”; P.A. 79-423 added exception in Subsec. (b) re payment of expenses of temporary care and custody by state agencies; P.A. 79-579 deleted reference to human resources commissioner in Subsec. (d), placed limitations on period of commitment in that Subsec., inserted new Subsec. (e) re procedure when expiration of commitment period is near to revoke or extend commitment or terminate parental rights, relettering former Subsecs. (e) to (h) accordingly, and amended Subsec. (i), formerly (h), to apply with regard to revocation of commitments; P.A. 79-631 and P.A. 80-483 made technical changes to reflect final deletion of extraneous references to commissioner of human resources; Sec. 17-62 temporarily renumbered as Sec. 51-310 and ultimately transferred to Sec. 46b-129 in 1979, and references to other sections within provisions revised as necessary by the Revisors to reflect their transfer; P.A. 82-181 amended Subsecs. (d) and (e) by reducing the maximum period of commitment from 2 years to 18 months; P.A. 84-449 amended Subsec. (a) by adding “except as otherwise provided in subsection (e) of section 17-43a”; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; P.A. 95-238 amended Subsecs. (d) and (e) to change the maximum period of commitment from 18 months to 12 months and amended Subsec. (e) to require that the court determine the appropriateness of continued efforts to reunify the child or youth with his family; P.A. 96-246 amended Subsec. (b) by adding provision requiring court to provide commissioner and parent with specific steps for parent to facilitate return of child to custody of parent or maintain custody of child and amended Subsec. (g) by permitting attorney who represented child in prior or pending hearing, attorney appointed by Superior Court and attorney retained by child over fourteen to make application for revocation of commitment; P.A. 97-319 amended Subsec. (d) to add provision re court orders of steps the parent must take to facilitate return of a child or youth to the custody of the parent and provision re placement of siblings and alternatives to commitment, effective July 1, 1997; P.A. 98-185 amended Subsec. (i) by providing standing to foster parents to comment on the best interest of the child or youth; P.A. 98-241 substantially revised section, amending provisions re allegations of petition, preliminary hearing on ex parte custody order or hearing on petition, notice re rights of parents re hearing, consideration of placement of child in town where child resides, necessary steps for parent to regain custody of child, intervention by grandparents, and contested hearing on order of temporary custody, adding new Subsecs. (c) to (h), inclusive, and redesignating former Subsecs. (c), (d), (f), (h) and (i) as Subsecs. (i), (j), (l), (n) and (o); replaced former Subsec. (e) with new Subsec. (k) re filing of permanency plan and motion to extend or revoke commitment by Commissioner of Children and Families, basis for determination by court, and determination by court, and replaced former Subsec. (g) with new Subsec. (m) re motion to revoke commitment; June Sp. Sess. P.A. 98-1 made technical changes in Subsec. (b), effective July 1, 1998; P.A. 00-137 changed reference in Subsec. (a) from Subsec. (d) to Subsec. (k) of Sec. 17a-112, made technical changes in Subsec. (d), and in Subsec. (e) deleted “and enter a default” after “order of temporary custody” and added Subsec. (k)(3)(F) providing that if permanency plan identifies adoption as option, thorough adoption assessment and child specific recruitment is required, and defining “thorough adoption assessment” and “child specific recruitment”, relettered former (F) as (G), and added provision to Subsec. (k)(3)(G) that at permanency plan hearing, court shall review status of child, progress made to implement permanency plan and determine timetable for attaining permanency plan, and deleted Subsec. (k)(4) re revocation of commitment by operation of law, following dismissal of termination petition, or denial of motion to transfer guardianship; P.A. 01-142 amended Subsec. (j) by deleting provisions re 12-month commitment period and extension, providing that commitment shall remain in effect until further order of the court pursuant to Subsec. (k), and making technical changes for purposes of gender neutrality, amended Subsec. (k) by changing review of permanency plan to 9 months after placement in custody of commissioner or removal of child or youth by order of court whichever is earlier, deleting former provisions re 10 and 12-month periods and extension, giving party 30 days to file motion in opposition to permanency plan or the maintaining or revocation of commitment and requiring hearing to be held within 90 days of filing motion, requiring evidentiary hearing re any contested motion, adding provisions re burden of proof and subsequent permanency hearings, requiring court to find by clear and convincing evidence that efforts to reunite child with parents is inappropriate, making child or youth's health and safety to be of paramount concern in formulating permanency plan, deleting provisions re thorough adoption assessment and child specific recruitment, requiring commissioner to document compelling reason why goals in Subdiv. (3)(A) to (D) are not in best interest of child, requiring permanency hearing to determine whether commissioner has made reasonable efforts to achieve permanency plan and making conforming and technical changes, amended Subsec. (o) by changing “standing” to “right to be heard” for foster parents in matters re placement or revocation of commitment of foster child; P.A. 01-149 added Subsec. (p) re right to be heard of sibling of child committed to Department of Children and Families concerning visitation with and placement of such child and re court guided by best interest of all siblings in awarding visitation or modifying placement; P.A. 01-195 made technical changes in Subsecs. (a) and (k), effective July 11, 2001; June Sp. Sess. P.A. 01-2 amended Subsec. (k) by adding provisions, designated as Subdiv. (5), thorough adoption assessment and child-specific recruitment; June Sp. Sess. P.A. 01-9 revised effective date of June Sp. Sess. P.A. 01-2 but without affecting this section; May 9 Sp. Sess. P.A. 02-7 amended Subsec. (b) to add provision requiring the court upon issuance of order, or not later than 60 days thereafter, to make a determination whether the Department of Children and Families made reasonable efforts to keep the child or youth with his or her parents or guardian prior to the issuance of such order and, if such efforts were not made, whether such reasonable efforts were not possible considering the best interests of the child or youth and to make technical changes and amended Subsec. (j) to add provision requiring the court upon issuance of an order committing the child or youth to the Commissioner of Children and Families, or not later than 60 days thereafter, to make a determination whether the Department of Children and Families made reasonable efforts to keep the child or youth with his or her parents or guardian prior to the issuance of such order and, if such efforts were not made, whether such reasonable efforts were not possible considering the best interests of the child or youth and to make technical changes, effective August 15, 2002; P.A. 03-243 added Subsec. (q) re application of Secs. 17a-152 and 17a-175 to placements pursuant to section; P.A. 06-102 made technical changes, amended Subsec. (j) to delete reference to provisions of Subsec. (k) re order of the court, amended Subsec. (k)(1) to delete references to motion to maintain or revoke commitment, require that motion for review include reason therefor, and substitute burden of proving that permanency plan is in best interests of child or youth for burden of establishing that commitment should be maintained, deleted former Subsec. (k)(2) re court hearing on reunification, redesignated existing Subsec. (k)(3) to (5) as (k)(2) to (4), amended Subsec. (k)(2) to substitute “reunification” for “placement”, amended Subsec. (k)(3) to require court to determine services to be provided to parent if court approves permanency plan of reunification and timetable for services, delete provision re court to maintain commitment if in best interests of child or youth, and substitute “may” for “shall” re revocation of commitment, amended Subsec. (k)(4) to require commissioner to petition for termination of parental rights not later than 60 days after permanency plan of adoption is approved if petition not previously filed, amended Subsec. (m) to substitute “interests” for “interest and welfare”, and amended Subsec. (o) to reference motion for review of permanency plan (Revisor's note: In Subsec. (j), the word “youth” in the phrase “neglected, uncared-for or dependent children or youth” was replaced editorially by the Revisors with “youths” for consistency with P.A. 06-196); P.A. 06-196 made technical changes in Subsec. (l), effective June 7, 2006; P.A. 07-159 amended Subsec. (d) by adding provision re parent's or guardian's right to counsel pursuant to Sec. 46b-135(b) in Subdiv. (1) and references to Sec. 46b-123e(b) in Subdivs. (2) and (3) and by deleting “as determined by the court” in Subdiv. (3), effective July 1, 2007; P.A. 07-174 amended Subsec. (o) to apply provisions to prospective adoptive parents and relative caregivers, change right to notice and to be heard “on a motion for review of a permanency plan and in matters concerning the placement or revocation of commitment of a foster child” to “in any proceeding concerning a foster child living with such foster parent, prospective adoptive parent or relative caregiver”, and eliminate requirement that former foster parent must have cared for a child or youth for “not less than six months” in order to have right to be heard and comment on best interests of the child or youth; P.A. 07-203 amended Subsec. (l) by adding proviso limiting commissioner's ability to collect reimbursement from the estate of a child or youth for his or her care and maintenance and making a conforming change, effective July 10, 2007; P.A. 09-185 amended Subsec. (b) by adding provisions re placement of a child with person related by blood or marriage and re investigation of the suitability of placement with a relative, and by expanding notice to respondent on orders for a preliminary hearing re placement with a relative, deleted former Subsec. (c) re grandparent motion to intervene, redesignated existing Subsec. (d) as Subsec. (c) and amended same by adding Subdivs. (10) and (11) re court's responsibilities during a preliminary hearing re identification of relatives who might serve as foster parents or temporary custodians, added new Subsec. (d) re procedures for a relative to intervene in temporary custody or permanent guardianship proceeding, standard for granting motion to intervene, assessment of a relative granted intervenor status, requirements for a relative granted temporary custody and termination of a relative's intervenor status, amended Subsec. (f) by replacing “show cause” with “appear”, amended Subsec. (j) by replacing “care and personal custody” with “legal guardianship”, adding provisions re standard for awarding legal guardianship to a relative and inserting reference to persons related by marriage, amended Subsec. (k) by adding provision re ability of certain relatives to oppose a permanency plan and deleting reference to certified relative caregiver, and made conforming and technical changes, effective June 29, 2009; P.A. 09-194 added Subsec. (r) re notification to attorneys of record of department's motion to transfer a child or youth to out-of-state placement, effective October 1, 2010; P.A. 10-26 made technical changes in Subsec. (d)(1)(B) and (4), effective May 10, 2010; P.A. 10-43 amended Subsec. (c)(7) to authorize court to inquire of mother, under oath, as to identity and address of any person who might be the father of the child or youth; P.A. 11-51 amended Subsec. (c)(2) and (3) to substitute reference to Sec. 51-296a for reference to Sec. 46b-123e, and amended Subsec. (d) to substitute “office of Chief Public Defender” for “Chief Child Protection Attorney” and add Subdiv. (5) to provide that a relative granted intervenor status is not entitled to counsel, except as provided in Sec. 46b-136, effective July 1, 2011; P.A. 11-116 amended Subsec. (c)(10) by adding requirement that commissioner report to the court re placement with a relative; P.A. 11-180 amended Subsec. (q) by adding provision re placement of child or youth in another state; P.A. 11-240 amended Subsecs. (a) and (j) by replacing “dependent” with “abused”, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 amended Subsec. (c), in Subdiv. (8), to require clerk to send certified copy of paternity acknowledgment and affirmation to Department of Public Health for filing in paternity registry and maintain certified copy of same in court file and, in Subdiv. (9), to replace provisions re advising person named as father that he may have no further standing in proceedings re child and re execution of written denial of paternity with provisions re rebuttable presumption that named person is father based on genetic tests indicating 99% or greater probability of paternity and court finding evidence of sexual intercourse during time of conception, re court to issue judgment adjudicating paternity after providing father an opportunity for hearing, re clerk of court to send certified copy of judgment adjudicating paternity to Department of Public Health for filing in paternity registry, and re court to enter order that named person is not the biological father and remove him from case if genetic tests indicate he is not the biological father, amended Subsec. (d)(4) to delete “permanent” re guardianship, amended Subsec. (j) to insert Subdiv. designators (1) to (6), to define “permanent legal guardianship” in Subdiv. (1), to insert Subpara. designators (A) and (B) and add Subpara. (C) re vesting permanent legal guardianship and Subpara. (D) re placement in custody of parent or guardian with protective supervision in Subdiv. (2), to apply provisions to permanent legal guardianships in Subdiv. (3), to delete provision re placement in protective supervision in Subdiv. (4), to add Subdiv. (5) re notice to parent that parent may not file motion to terminate permanent legal guardianship and re factors to be proven by clear and convincing evidence prior to ordering permanent legal guardianship, and to add Subdiv. (6) re standards for reopening, modifying or terminating order of permanent legal guardianship, amended Subsec. (k) to add provision re credible hearsay evidence re party's compliance with specific court-ordered steps in Subdiv. (1) and to add reference to permanent legal guardianship in Subdiv. (2)(B), added new Subsec. (n) re petition to reinstate guardianship after a legal guardianship is ordered, redesignated existing Subsecs. (n) to (r) as Subsecs. (o) to (s), and made technical changes; P.A. 13-31 amended Subsec. (j)(4) to change “technical school” to “technical high school”, effective May 28, 2013; P.A. 13-194 amended Subsec. (c)(8) to require clerk to send original paternity acknowledgement, rather than a certified copy, to Department of Public Health, and maintain a copy, rather than a certified copy, and amended Subsec. (n) to substitute “motion” for “petition”; P.A. 13-228 amended Subsec. (b) by adding provisions re the rights and duties of a person or agency vested with the temporary care and custody of a child and making technical changes; P.A. 13-234 amended Subsec. (j) to delete provision re full-time attendance in secondary or technical school, college or job training program in Subdiv. (4), add new Subdiv. (5) re when youth who has reached age 18 may remain in the care of commissioner and redesignate existing Subdivs. (5) and (6) as Subdivs. (6) and (7), and amended Subsec. (k)(1) to add “if the child or youth has not reached his or her eighteenth birthday” re filing motion for review of permanency plan, add reference to Subsec. (j)(5) and add provision re youth over age 18 remaining in voluntary placement with department; P.A. 15-199 amended Subsec. (k) by designating existing provisions as Subpara. (A) and adding Subpara. (B) re permanency plan and permanency resource for a child at least 12 years of age in Subdiv. (1), by deleting former Subpara. (C) re long-term foster care with relative licensed as a foster parent, redesignating existing Subpara. (D) as Subpara. (C), redesignating existing Subpara. (E) as Subpara. (D) and adding “for a child sixteen years of age or older,” therein, and adding provision re inclusion of adult who has a significant relationship with the child re planned permanent living arrangement in Subdiv. (2), by adding new Subdivs. (3) and (5) re permanency plan for a child 16 years of age or older, by redesignating existing Subdivs. (3) and (4) as Subdivs. (4) and (6) and, in redesignated Subdiv. (4), adding provisions re child's or youth's desired permanency outcome, and by making technical changes, effective July 1, 2015; P.A. 16-124 amended Subsec. (j) by designating existing definition of “permanent legal guardianship” as Subpara. (A) and adding Subpara. (B) defining “caregiver” in Subdiv. (1), adding reference to caregiver in Subdiv. (6)(C)(ii) and making technical and conforming changes; P.A. 17-92 amended Subsec. (b)(vi) by replacing provision re commissioner where practicable to investigate relatives prior to preliminary hearing and provide report to court as to relative's suitability with provision re commissioner to investigate any relative proposed to serve as foster parent or temporary custodian prior to preliminary hearing and provide preliminary report to court as to relative's suitability and potential barriers to licensing as foster parent or granting temporary custody of child or youth to relative, and added Subsec. (t) re child or youth placed into out-of-home care and information commissioner is to include in any report submitted to court, effective July 1, 2017; P.A. 17-237 amended Subsec. (j)(4) by replacing “technical high school” with “technical education and career school”, effective July 1, 2017; P.A. 18-58 amended Subsec. (j)(4) by adding provision re commissioner to provide at least 10 days' notice of transfer to second or subsequent placement to child and child's attorney unless emergency or risk to child's well-being prevents such notice, effective July 1, 2018; P.A. 18-67 amended Subsec. (j)(1)(B) by redefining “caregiver”, effective July 1, 2018; P.A. 18-186 amended Subsec. (j)(4) by adding provisions re commissioner to provide placement information re child or youth to such child's or youth's attorney or guardian ad litem, amended Subsec. (k)(1)(B)(i) by adding provision re commissioner to provide not less than 5 days' advance written notice of any permanency team meeting re child's permanency plan to attorney or guardian ad litem appointed to represent the child, and made technical changes; P.A. 21-15 amended Subsec. (c)(7) by replacing “father” with “alleged genetic parent”, replacing “mother” with “birth parent” and making a technical change, amended Subsec. (c)(8) by replacing “father” with “alleged genetic parent”, replacing “mother” with “birth parent”, replacing “a paternity acknowledgment and affirmation” with “an acknowledgment of parentage”, replacing “paternity” with “parentage” and making technical changes, amended Subsec. (c)(9) by replacing “father” with “alleged genetic parent”, replacing provision re paternity determination in accordance with Sec. 46b-168 with parentage determination in accordance with the Connecticut Parentage Act, replacing “paternity” with “parentage” and making technical changes and amended Subsecs. (c)(10) and (c)(11) by replacing “blood or marriage” with “blood, marriage or law”, effective January 1, 2022; P.A. 21-140 amended Subsec. (k)(1) by deleting former Subpara. (B)(iv) re submission of report on number of case plans in which children identified adults to serve as a permanency resource, effective July 7, 2021.
See Sec. 17a-109 re commitment of children to child-caring institutions.
Annotations to former sections 17-62 and 51-310:
Foster parents are not parents for purposes of Subsec. (f). 171 C. 630.
Cited. 4 CS 254. Youth and emotional instability of parents held not sufficient to warrant finding that child was uncared for or neglected. 21 CS 154. Cited. 26 CS 316; 33 CS 193.
Annotations to present section:
Cited. 177 C. 648; 179 C. 155; 187 C. 431; 188 C. 259; 190 C. 310; 192 C. 254. Confers exclusive jurisdiction on Superior Court to enter orders in cases in which there is finding that child or youth is uncared for, neglected or dependent upon filing of a neglect petition. 195 C. 344. Cited. 211 C. 151; 216 C. 563. Cannot be read together with Sec. 45a-717(f)(3) so as to permit the custody determination made under this section to lead directly to the termination determination made under Sec. 45a-717(f)(3); judgment in 25 CA 586 reversed. 223 C. 492. Cited. 224 C. 263; 230 C. 459; 238 C. 146. Temporary custody orders entered by Superior Court for juvenile matters pursuant to Subsecs. (a) and (b) are final judgments for purposes of appeal. 256 C. 383. Superior Court has exclusive jurisdiction when a neglect petition is filed pursuant to section; existence of a will appointing testamentary guardian does not deprive it of that jurisdiction. 260 C. 182. Superior Court for juvenile matters did not lose subject matter jurisdiction because the youth, who was seeking relief in the proceeding, attained the age of 18, except that Superior Court for juvenile matters lacked subject matter jurisdiction over the youth's claim under Subsec. (j) because the youth was over age of 18 and had not alleged factual predicate that he was in full-time attendance in a secondary school, training school, college or job training program. 297 C. 673. Noncustodial parent cannot be prohibited from entering a plea in a neglect proceeding if parent is seeking to contest the issue of whether the child was neglected; although section refers to “the parent” in the singular, it does not limit the giving of advice or the acceptance of a plea to custodial parents. 301 C. 245. Court lacks authority under section to adjudicate a person who has reached age 18 as neglected or uncared-for and to commit such person to the care of department, regardless of the fact that the petition was filed before such person reached age 18. 303 C. 569. Court lacks authority under section to adjudicate a person neglected or uncared-for and provide dispositional relief after the person reaches age 18. Id., 584.
Cited. 1 CA 463; 6 CA 360; 8 CA 656; 9 CA 608; 13 CA 626; 19 CA 371; 22 CA 656; 26 CA 58; 29 CA 112; Id., 600; 31 CA 400; judgment reversed, see 230 C. 459; 33 CA 632; 35 CA 276; 45 CA 606. Right to family integrity is not absolute; state's intervention in family matters is justified when it is found that a child has been neglected or uncared for. 76 CA 693. Use of “shall” within statutory framework is directory and court did not lack jurisdiction. 87 CA 210. Neglect proceedings are comprised of two parts, adjudication and disposition. 132 CA 314. Read together with Sec. 46b-120, sections vest court with authority to enter interim orders that are in the best interests of children. 155 CA 624.
Cited. 39 CS 514; 41 CS 23; Id., 145; Id., 505; 42 CS 562; 43 CS 108; 44 CS 235; Id., 551. Section does not govern termination of parental rights petitions. 47 CS 273.
Subsec. (a):
Authority to draft and sign petitions to terminate parental rights not limited to attorneys. 247 C. 1. Where commitment of children not contested, respondent parents not aggrieved and exhaustion of administrative remedies not required. 262 C. 155.
Cited. 2 CA 705; 9 CA 98. Statute does not require that a respondent parent have custody for court to adjudicate a neglect petition. 51 CA 667.
Subsec. (b):
Held constitutional; burden of proof and standard of proof discussed. 189 C. 276.
Adjudication of neglect may be based on potential risk of harm. 58 CA 119. Specific steps prescribed by court may not be interpreted as orders unto themselves from which the court may issue a contempt order. 64 CA 55. Court order of temporary custody on basis that children were in imminent danger supported by evidence including that mother was suicidal, threatened to hurt herself and others, claimed to possess a gun, was under the influence of alcohol, told children to lie about her identity and refused to answer door when help arrived. 120 CA 537. A finding of immediate physical danger is a prerequisite to entry of order under Subsec. granting temporary custody of a child in one other than the child's parents. 126 CA 493. An order of temporary custody issued pursuant to Subsec. necessarily suspends or interrupts a period of protective supervision such that a previously ordered period of protective supervision cannot expire and terminate the underlying neglect petition while the order of temporary custody is in place; trial court had ongoing jurisdiction to rule on the order of temporary custody even though no new neglect petition or motion to modify had been filed. 191 CA 397.
Subsec. (c):
Does not violate due process. 10 CA 428.
Subsec. (e):
“Shall” construed to be directory rather than mandatory. 9 CA 506. Cited. 23 CA 410. Department of Children and Families may petition for an extension of commitment pursuant to section even when petition to terminate parental rights is pending. 40 CA 366. Order of trial court extending commitment of minor child to commissioner is final judgment for purposes of appeal. 49 CA 361.
Subsec. (g):
Before a court may rely on the statutory hearsay exception to admit the challenged statements, the petitioner has the burden of establishing a “reasonably necessary” basis why the children should not be required to testify at a contested hearing, and “reasonably necessary” does not require unavailability as a prerequisite to the admission of a hearsay statement, instead, the court should consider a number of factors in light of the circumstances of the case before it. 213 CA 541.
Subsec. (j):
Trial court must both find and adjudicate on one of three distinct grounds prior to awarding custody of child to Department of Children and Families. 276 C. 146.
Cited. 46 CA 69. Court's failure to order specific steps to facilitate reunification after a finding of neglect, although in error, did not preclude the termination of respondent's parental rights on the basis of abandonment pursuant to Sec. 17a-112(j). 111 CA 500. 18-year-old petitioner failed to establish factual predicate to allow court to commit petitioner to Department of Children and Families pursuant to Subsec. 125 CA 572; Id., 584. Subsec. is the basis on which the legislature intended a court to adjudicate a motion to transfer guardianship of a child or youth from Commissioner of Children and Families to an individual other than the parent or former guardian. 151 CA 820. Subsec. contains no presumption in favor of a parent; Sec. 46b-56b does not apply to proceeding under this section. 153 CA 599. A determination of whether a proposed guardian is a suitable and worthy caregiver is not required prior to proceeding to the best interests determination because a party seeking to transfer guardianship must satisfy both determination requirements. Id., 786. A court's disposition of neglect proceeding awarding custody and guardianship of child to one parent deprives the court of continuing jurisdiction over other parent's possible future reunification with child and requires the cessation of such reunification efforts. 165 CA 604.
Subsec. (m):
Because Subsec. directs the court to make two findings, first, that there no longer is a cause for commitment, and second, that revoking the commitment is in the child's best interest, Subsec. carries the implication that, at least when a motion for revocation of commitment is contested, an evidentiary hearing shall be held and the moving party must establish facts necessary to warrant revocation of the commitment. 297 C. 737.
Because respondent parents have not exhausted their statutory remedy of moving to revoke commitment pursuant to section, court lacks jurisdiction over their claim. 66 CA 305. Notwithstanding trial court's failure to make express finding with respect to whether a cause for commitment remained for two minor children committed to custody of Commissioner of Children and Families, trial court's denial of respondent mother's motion to revoke the commitment was proper given its clear and unequivocal finding that it would be in the best interests of the children to remain with their foster parents. 93 CA 25. Trial court improperly revoked, sua sponte, child's commitment to Department of Children and Families and acted outside scope of its authority pursuant to section by opening judgment and revoking commitment without proper evidence, without giving notice to the parties and foster mother, and without giving foster mother opportunity to be heard as required by Subsec. (o). 98 CA 319. Moving party has burden to prove that cause for commitment no longer exists. 116 CA 83. Procedures set forth in Subsec. and Practice Book Sec. 35a-14A strike the appropriate balance between petitioner's and respondent's interests, and comply with the constitution's procedural due process requirements. Subsec. does not infringe on respondent's right to substantive due process because respondent was seeking to acquire custody of daughter from petitioner following daughter's commitment, rather than seeking to prevent interference with an existing and ongoing parent/child relationship. 183 CA 327. Procedures set forth in Subsec. and Practice Book Sec. 35a-14A strike the appropriate balance between petitioner's and respondent's interests, and comply with the constitution's procedural due process requirements. Subsec. does not infringe on respondent's right to substantive due process because respondent was seeking to acquire custody of daughter from petitioner following daughter's commitment, rather than seeking to prevent interference with an existing and ongoing parent/child relationship. 183 CA 327.
Subsec. (n):
A parent who has demonstrated that the reasons that led to the removal of that parent's guardianship rights have been resolved satisfactorily is constitutionally entitled to a presumption that reinstatement is in the best interests of the child, and this presumption applies when the current guardian is a nonparent, but does not apply in a dispute between two parents, and a nonparent must rebut this presumption by clear and convincing evidence. 213 CA 858.
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Sec. 46b-129a. Examination by physician, psychiatrist or psychologist. Counsel and guardian ad litem. Testimony. Evidence. In proceedings in the Superior Court under section 46b-129:
(1) The court may order the child, the parents, the guardian, or other persons accused by a competent witness of abusing the child, to be examined by one or more competent physicians, psychiatrists or psychologists appointed by the court;
(2) (A) A child shall be represented by counsel knowledgeable about representing such children who shall be assigned to represent the child by the office of Chief Public Defender, or appointed by the court if there is an immediate need for the appointment of counsel during a court proceeding. If the child's parent or guardian has been accused by a competent witness of abusing the child, or of causing the child to be neglected or uncared for, upon the assignment or appointment of counsel, such counsel shall be granted immediate access to (i) records relating to the child, including, but not limited to, Department of Social Services records and medical, mental health and substance abuse treatment, law enforcement and educational records, without the necessity of securing further releases, and (ii) the child, for the purpose of consulting with the child privately. The court shall give the parties prior notice of such assignment or appointment. Counsel for the child shall act solely as attorney for the child.
(B) If a child requiring assignment of counsel in a proceeding under section 46b-129 is represented by an attorney for a minor child in an ongoing probate or family matter proceeding, the court may appoint the attorney to represent the child in the proceeding under section 46b-129, provided (i) such counsel is knowledgeable about representing such children, and (ii) the court notifies the office of Chief Public Defender of the appointment. Any child who is subject to an ongoing probate or family matters proceeding who has been appointed a guardian ad litem in such proceeding shall be assigned a separate guardian ad litem in a proceeding under section 46b-129 if it is deemed necessary pursuant to subparagraph (D) of this subdivision.
(C) The primary role of any counsel for the child shall be to advocate for the child in accordance with the Rules of Professional Conduct, except that if the child is incapable of expressing the child's wishes to the child's counsel because of age or other incapacity, the counsel for the child shall advocate for the best interests of the child.
(D) If the court, based on evidence before it, or counsel for the child, determines that the child cannot adequately act in his or her own best interests and the child's wishes, as determined by counsel, if followed, could lead to substantial physical, financial or other harm to the child unless protective action is taken, counsel may request and the court may order that a separate guardian ad litem be assigned for the child, in which case the court shall either appoint a guardian ad litem to serve on a voluntary basis or notify the office of Chief Public Defender who shall assign a separate guardian ad litem for the child. The guardian ad litem shall perform an independent investigation of the case and may present at any hearing information pertinent to the court's determination of the best interests of the child. The guardian ad litem shall be subject to cross-examination upon the request of opposing counsel. The guardian ad litem is not required to be an attorney-at-law but shall be knowledgeable about the needs and protection of children and relevant court procedures. If a separate guardian ad litem is assigned, the person previously serving as counsel for the child shall continue to serve as counsel for the child and a different person shall be assigned as guardian ad litem, unless the court for good cause also determines that a different person should serve as counsel for the child, in which case the court shall notify the office of Chief Public Defender who shall assign a different person as counsel for the child. No person who has served as both counsel and guardian ad litem for a child shall thereafter serve solely as the child's guardian ad litem.
(E) The counsel and guardian ad litem's fees, if any, shall be paid by the office of Chief Public Defender unless the parents or guardian, or the estate of the child, are able to pay, in which case the court shall assess the rate the parent or guardian is able to pay and the office of Chief Public Defender may seek reimbursement for the costs of representation from the parents, guardian or estate of the child;
(3) The privilege against the disclosure of communications between husband and wife shall be inapplicable and either may testify as to any relevant matter; and
(4) Evidence that the child has been abused or has sustained a nonaccidental injury shall constitute prima facie evidence that shall be sufficient to support an adjudication that such child is uncared for or neglected.
(P.A. 96-246, S. 13; P.A. 01-148, S. 1; P.A. 11-51, S. 17; June 12 Sp. Sess. P.A. 12-1, S. 270; P.A. 17-119, S. 1.)
History: P.A. 01-148 amended Subdiv. (2) re guardian ad litem, including provisions re primary role, when court appoints another guardian ad litem and guardian ad litem not required to be attorney; P.A. 11-51 amended Subdiv. (2) to insert Subpara. designators, to add provisions re assignment of counsel by office of Chief Public Defender in Subpara. (A), to add Subpara. (B) re appointment of attorney for child in an ongoing probate or family matter proceeding, to delete provisions re counsel who also serves as guardian ad litem and re conflict between child's wishes and position of counsel in Subpara. (C), to add provisions re assignment, investigation by and cross-examination of guardian ad litem and knowledge of relevant court procedures in Subpara. (D), to add provisions re payment of counsel and guardian ad litem's fees by office of Chief Public Defender, unless parents or guardian or estate of child are able to pay, in Subpara. (E), and to make technical changes, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 amended Subdiv. (2)(C) to add exception re counsel to advocate for best interests of child if child is incapable of expressing child's wishes to counsel, effective July 1, 2012; P.A. 17-119 amended Subdiv. (2)(A) by adding provision re counsel access to records and child.
In protection of a child who is the subject of a petition under section, the court, in the first instance, must appoint a person to serve as guardian ad litem and counsel for the child, who is to be charged with protecting the child's best interest as well as child's legal rights in the process. 76 CA 693. Section does not impose upon court a constitutional obligation to recognize existence of conflict of interest between a child's wishes or position and that which child's counsel believes is in child's best interest and to act accordingly; counsel, rather than court, has responsibility for requesting appointment of guardian ad litem. 90 CA 565. Limitation under section on a person serving as both counsel and guardian ad litem for a child is limited to juvenile matters and does not apply to marital dissolution matters. 149 CA 642.
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Sec. 46b-129b. Filing of petition for adoption and written agreement of adoption by Commissioner of Children and Families. Review of adoption social study and other reports. Hearing. Adoptive parents entitled to receive copies of records and other information re history of child. Applicability of probate court provisions. (a) If the Superior Court grants a petition to terminate parental rights and appoints the Commissioner of Children and Families as statutory parent, the commissioner may, after the expiration of any appeal or appeal period, file a petition for adoption, together with a written agreement of adoption, in the Superior Court that granted the termination of parental rights.
(b) All social studies, psychological reports and court documents previously filed in the termination of parental rights proceeding shall be available to the court, subject to the rules of evidence, for review and consideration in acting upon the petition for adoption of such child. The court shall, to the extent possible, protect the confidentiality of biological relatives, unless such information has been previously disclosed.
(c) The Department of Children and Families shall prepare and submit with the petition for adoption an adoption social study regarding the proposed adoption, which shall include, but not be limited to, information required in reports filed with courts of probate pursuant to subdivisions (2) and (3) of subsection (b) of section 45a-727. All studies and reports filed with or subsequent to the filing of the petition for adoption shall be available to the adoptive parents. The studies and reports shall be admissible in evidence subject to the right of any interested party to require that the person making it appear as a witness, if available, and such person shall be subject to examination. The court shall, to the extent possible, protect the confidentiality of the biological relatives, unless such information has been previously disclosed.
(d) Upon receipt of the petition and the adoption social study, the court shall set a time and date for a hearing and shall give reasonable notice to the Department of Children and Families and all other parties of the adoption agreement, the child, if over twelve years of age, the attorney for the child, and any such other parties, as the court may require.
(e) Prior to acting on the petition, the court may continue the matter for further investigation and report, issue orders of notice or take other action. At the hearing, the court may deny the petition, or, if the court is satisfied that the adoption is in the best interests of the child, the court shall enter a decree approving the adoption.
(f) The adoptive parents shall be entitled to receive copies of the records and other information relating to the history of the child maintained by the commissioner. The adoptive parents shall be entitled to receive copies of the records, provided, if required by law, the copies have been edited to protect the identity of the biological parents and any other person whose identity is confidential.
(g) The provisions of subdivision (3) of subsection (c) of section 45a-727, sections 45a-731, 45a-732, 45a-736, 45a-737, 45a-743 to 45a-746, inclusive, 45a-748 to 45a-753, inclusive, 45a-755 and 45a-756 shall apply to adoption proceedings in the Superior Court and the Superior Court shall have all the powers granted to probate courts under said subdivision and sections.
(P.A. 12-82, S. 16.)
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Sec. 46b-129c. “Court appointed special advocate” defined. Appointment, duties, background checks and limited civil or criminal liability for actions undertaken. (a) For the purposes of this section, “court appointed special advocate” means a volunteer who is recruited, screened, trained and supervised by a local court appointed special advocate program that is affiliated with the National Court Appointed Special Advocates Association.
(b) (1) The Judicial Department shall establish, within available resources, a court appointed special advocate program. Under the program, a court appointed special advocate may serve as a resource to the superior court for juvenile matters in determining and furthering the best interests of a person under eighteen years of age who is the subject of a petition filed under section 46b-129 or 46b-149. The program shall be administered by the Chief Court Administrator within the superior court for juvenile matters.
(2) A court, on its own motion or upon a motion of a party, may appoint a court appointed special advocate in any proceeding in which a petition is filed under section 46b-129 or 46b-149. The court appointed special advocate may conduct an independent investigation of the facts associated with the filing of the petition and shall undertake and facilitate activities in furtherance of the child's best interests, including, but not limited to, making recommendations to the court. Upon appointment by the court and after obtaining any required releases to access records, a court appointed special advocate shall have access to (A) any party to such proceeding, and (B) all information or records relevant to the child's best interests including, but not limited to, school records, child care records, medical records, mental health records, court records and records maintained by the Department of Children and Families. Nothing in this section shall permit a court appointed special advocate to supplant or interfere with any counsel or guardian ad litem appointed to represent the best interests of a child in such proceeding. Notwithstanding the provisions of this subsection, a court appointed special advocate may, in appropriate cases as determined by the court, undertake activities in furtherance of the child's best interests, until the child who is the subject of a petition filed under section 46b-129 or 46b-149 reaches twenty-one years of age.
(3) No fees shall be charged for the services provided by a court appointed special advocate.
(c) Prior to accepting any person who seeks to serve as a court appointed special advocate, the National Court Appointed Special Advocates Association or a court appointed special advocate program located in this state and affiliated with said association shall require that such person submit to (1) a state and national criminal history records check conducted in accordance with section 29-17a, and (2) a check of the state child abuse and neglect registry established under section 17a-101k. Any person who refuses to consent or cooperate in processing of such checks shall not be accepted into the court appointed special advocate program.
(d) A court appointed special advocate who acts in good faith and within the scope of the court's appointment shall not be civilly or criminally liable for actions undertaken in connection with such appointment. Any staff member of a court appointed special advocate program affiliated with the National Court Appointed Special Advocates Association who acts in good faith and within the scope of his or her employment shall not be civilly or criminally liable for actions undertaken in connection with such employment. The protection provided in this subsection shall not apply to acts or omissions that constitute intentional, wilful or wanton misconduct.
(P.A. 16-210, S. 1.)
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Sec. 46b-130. (Formerly Sec. 51-311). Reimbursement for expense of care and maintenance. Assignment of right of support to Commissioner of Children and Families. Parents' assistance in pursuing support. The parents of a minor child for whom care or support of any kind has been provided under the provisions of this chapter shall be liable to reimburse the state for such care or support. Upon receipt of foster care maintenance payments under Title IV-E of the Social Security Act by a minor child, the right of support, past, present and future, from a parent of such child shall, by this section, be assigned to the Commissioner of Children and Families, and the parents shall assist the commissioner in pursuing such support. On and after October 1, 2008, such assignment shall apply only to such support rights as accrue during the period of assistance, not to exceed the total amount of assistance provided to the child under Title IV-E. Referral by the commissioner shall promptly be made to the Office of Child Support Services of the Department of Social Services for pursuit of support for such minor child in accordance with the provisions of section 17b-179. Any child who reimburses the state under the provisions of subsection (l) of section 46b-129 for any care or support such child received shall have a right of action to recover such payments from such child's parents.
(P.A. 73-546, S. 1; P.A. 85-548, S. 6; P.A. 90-230, S. 64, 101; P.A. 93-91, S. 1, 2; 93-262, S. 1, 87; June 18 Sp. Sess. P.A. 97-2, S. 106, 165; P.A. 98-241, S. 13, 18; P.A. 06-196, S. 277; P.A. 11-214, S. 9; 11-219, S. 5; P.A. 16-13, S. 8; P.A. 22-118, S. 456.)
History: Sec. 17-62a temporarily renumbered as Sec. 51-311 and ultimately transferred to Sec. 46b-130 in 1979, and references to other sections within provisions revised as necessary by the Revisors to reflect their transfer; P.A. 85-548 added provision re assignment of support rights of minor child receiving foster care maintenance payments under Title IV-E of the Social Security Act; P.A. 90-230 corrected an internal reference; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; June 18 Sp. Sess. P.A. 97-2 made a technical change, deleting various references to sections in title 17b, effective July 1, 1997; P.A. 98-241 changed reference from Subsec. (f) to Subsec. (k) of Sec. 46b-129, effective July 1, 1998; P.A. 06-196 made technical changes, effective June 7, 2006; P.A. 11-214 added provisions re parents to assist commissioner in pursuing support and re on and after October 1, 2008, assignment to apply only to support rights that accrue during period of assistance, not to exceed total assistance provided under Title IV-E, and made technical changes; P.A. 11-219 substituted “Bureau of Child Support Enforcement” for “Child Support Enforcement Unit” and made a technical change; P.A. 16-13 replaced “Bureau of Child Support Enforcement” with “Office of Child Support Services”, effective May 6, 2016; P.A. 22-118 deleted provision limiting parental liability to the same extent as parents of public assistance beneficiaries, effective July 1, 2022.
Cited. 236 C. 582.
Cited. 45 CA 508.
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Sec. 46b-131. (Formerly Sec. 51-312). Custody of alleged delinquent child pending disposition. Bail. Section 46b-131 is repealed.
(1949 Rev., S. 2808; 1969, P.A. 297; 794, S. 8; P.A. 79-581, S. 4; P.A. 80-483, S. 122, 186; P.A. 81-472, S. 83, 159; P.A. 84-369, S. 3.)
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Sec. 46b-132. (Formerly Sec. 51-313). Temporary detention places. Where accommodations for the temporary detention of children in state-operated detention homes are unavailable, the Chief Court Administrator or his designee shall arrange with some agency or person for the use of suitable accommodations to serve as a temporary detention place as may be required. The court may allow such agency or person reasonable compensation for the expenses and services incident to such detention. The Chief Court Administrator or his designee may employ any other suitable method or arrangement for detention. Each child while detained as herein provided shall be under the orders, direction and supervision of the court.
(1949 Rev., S. 2809; 1955, S. 1577d; P.A. 76-436, S. 10a, 21, 681.)
History: P.A. 76-436 transferred powers formerly held by juvenile court district judges to chief court administrator or his designee, effective July 1, 1978; Sec. 17-64 temporarily renumbered as Sec. 51-313 and ultimately transferred to Sec. 46b-132 in 1979.
Annotation to former section 17-64:
Cited. 26 CS 316.
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Sec. 46b-132a. Medical care of children in juvenile residential centers. When deemed in the best interests of a child placed in a juvenile residential center, the administrator of such residential center may authorize, under policies promulgated by the Chief Court Administrator, such medical assessment and treatment and dentistry as is necessary to ensure the continued good health or life of the child. The administrator of the residential center shall make reasonable efforts to inform the child's parents or guardian prior to taking such action, and in all cases shall send notice to the parents or guardian by letter to their last-known address informing them of the actions taken and of the outcome, provided failure to notify shall not affect the validity of the authorization.
(P.A. 98-256, S. 9; P.A. 21-104, S. 29.)
History: P.A. 21-104 replaced “juvenile detention center” with “juvenile residential center”, effective January 1, 2022.
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Sec. 46b-133. (Formerly Sec. 51-314). Arrest of child. Notice of arrest. Release or detention of arrested child. Alcohol or drug testing or treatment as condition of release. Admission of child to juvenile residential center. Entry of take into custody order or other process into central computer system. Duration of order to detain. (a) Nothing in this part shall be construed as preventing the arrest of a child, with or without a warrant, as may be provided by law, or as preventing the issuance of warrants by judges in the manner provided by section 54-2a, except that no child shall be taken into custody on such process except on apprehension in the act, or on speedy information, or in other cases when the use of such process appears imperative. Whenever a child is arrested and charged with a delinquent act, such child (1) shall be brought before a judge of the Superior Court not later than the fifth business day after such arrest, unless required sooner pursuant to subsection (e) of this section, and (2) may be required to submit to the taking of his photograph, physical description and fingerprints. Notwithstanding the provisions of section 46b-124, the name, photograph and custody status of any child arrested for the commission of a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, or class A felony may be disclosed to the public.
(b) Whenever a child is brought before a judge of the Superior Court, which court shall be the court that has jurisdiction over juvenile matters where the child resides if the residence of such child can be determined, such judge shall immediately have the case proceeded upon as a juvenile matter. Such judge may admit the child to bail or release the child in the custody of the child's parent or parents, the child's guardian or some other suitable person to appear before the Superior Court when ordered. If there is probable cause to believe that the child has committed the acts alleged, the court may consider if the child should be assessed for services. Such assessment shall be held not later than two weeks after the child is arraigned and such child shall have the right to counsel at such assessment. If detention becomes necessary, such detention shall be in the manner prescribed by this chapter, provided the child shall be placed in the least restrictive environment possible in a manner consistent with public safety.
(c) (1) Upon the arrest of any child by an officer, such officer may (A) release the child to the custody of the child's parent or parents, guardian or some other suitable person or agency, (B) at the discretion of the officer, release the child to the child's own custody, or (C) using the form prescribed pursuant to section 46b-133p, seek a court order to detain the child in a juvenile residential center. No child may be placed in a juvenile residential center unless a judge of the Superior Court determines, based on the available facts, that (i) there is probable cause to believe that the child has committed the acts alleged, (ii) detention of the child is more reasonable than an appropriate less restrictive alternative, and (iii) there is (I) probable cause to believe that the level of risk that the child poses to public safety if released to the community prior to the court hearing or disposition cannot be managed in a less restrictive setting, (II) a need to hold the child in order to ensure the child's appearance before the court or compliance with court process, as demonstrated by the child's previous failure to respond to the court process, or (III) a need to hold the child for another jurisdiction. No child shall be held in any juvenile residential center unless an order to detain is issued by a judge of the Superior Court. If any such judge declines to detain a child, such judge shall articulate the reasons in writing, upon the form submitted in accordance with subparagraph (C) of this subdivision, for not holding the child in a juvenile residential center.
(2) A judge of the Superior Court may order any child who is released into the custody of his or her parent or guardian or some other suitable person or agency after being charged with a second or subsequent delinquency offense involving a motor vehicle, as defined in section 46b-133j, or property theft, to be electronically monitored by using a global positioning system device until such child's case is disposed of or earlier upon order of the court. Any failure by the child to adhere to the judge's order concerning electronic monitoring may result in immediate detention of such child.
(d) When a child is arrested for the commission of a delinquent act and the child is not placed in a juvenile residential center or referred to a diversionary program, an officer shall serve a written complaint and summons on the child and the child's parent, guardian or some other suitable person or agency. If such child is released to the child's own custody, the officer shall make reasonable efforts to notify, and to provide a copy of a written complaint and summons to, the parent or guardian or some other suitable person or agency prior to the court date on the summons. If a child is arrested for a firearms offense or a motor vehicle offense, the court date shall be scheduled for the next business day following the date of the child's arrest for such offense. If any person so summoned wilfully fails to appear in court at the time and place so specified, the court may issue a warrant for the child's arrest or a capias to assure the appearance in court of such parent, guardian or other person. If a child wilfully fails to appear in response to such a summons, the court may order such child taken into custody and such child may be charged with the delinquent act of wilful failure to appear under section 46b-120. The court may punish for contempt, as provided in section 46b-121, any parent, guardian or other person so summoned who wilfully fails to appear in court at the time and place so specified.
(e) When a child is arrested for the commission of a delinquent act and is placed in a juvenile residential center pursuant to subsection (c) of this section, such child may be detained pending a hearing which shall be held on the business day next following the child's arrest. No child may be detained after such hearing unless the court determines, based on the available facts, that (1) there is probable cause to believe that the child has committed the acts alleged, (2) there is no less restrictive alternative available, and (3) through the use of the detention risk screening instrument developed pursuant to section 46b-133g, that there is (A) probable cause to believe that the level of risk the child poses to public safety if released to the community prior to the court hearing or disposition cannot be managed in a less restrictive setting, (B) a need to hold the child in order to ensure the child's appearance before the court or compliance with court process, as demonstrated by the child's previous failure to respond to the court process, or (C) a need to hold the child for another jurisdiction. Such probable cause may be shown by sworn affidavit in lieu of testimony. No child shall be released from a juvenile residential center who is alleged to have committed a serious juvenile offense except by order of a judge of the Superior Court. The court may, in its discretion, consider as an alternative to detention a suspended detention order with graduated sanctions to be imposed based on the detention risk screening for such child, using the instrument developed pursuant to section 46b-133g. Any child confined in a community correctional center or lockup shall be held in an area separate and apart from any adult detainee, except in the case of a nursing infant, and no child shall at any time be held in solitary confinement. No such child may be held for a period that exceeds six hours, except such child may be held for a period that does not exceed eight hours in a case where an officer has submitted an application for an order of detention and the judge has not yet ruled on such application, or if such officer has been unable to contact such child's parent or guardian. When a female child is held in custody, she shall, as far as possible, be in the charge of a woman attendant.
(f) The police officer who brings a child into detention shall have first notified, or made a reasonable effort to notify, the parents or guardian of the child in question of the intended action and shall file at the juvenile residential center a signed statement setting forth the alleged delinquent conduct of the child and the order to detain such child. Upon admission, the child shall be administered the detention risk screening instrument developed pursuant to section 46b-133g, and unless the child was arrested for a serious juvenile offense or unless an order not to release is noted on the take into custody order, arrest warrant or order to detain, the child may be released to the custody of the child's parent or parents, guardian or some other suitable person or agency in accordance with policies adopted by the Court Support Services Division of the Judicial Department pursuant to section 46b-133h.
(g) In conjunction with any order of release from detention, the court may, when it has reason to believe a child is alcohol-dependent or drug-dependent as defined in section 46b-120, and where necessary, reasonable and appropriate, order the child to participate in a program of periodic alcohol or drug testing and treatment as a condition of such release. The results of any such alcohol or drug test shall be admissible only for the purposes of enforcing the conditions of release from detention.
(h) The detention supervisor of a juvenile residential center in charge of intake shall admit only a child who: (1) Is the subject of an order to detain or an outstanding court order to take such child into custody, (2) is ordered by a court to be held in detention, or (3) is being transferred to such center to await a court appearance.
(i) Whenever a child is subject to a court order to take such child into custody, or other process issued pursuant to this section or section 46b-140a, the Judicial Branch may cause the order or process to be entered into a central computer system in accordance with policies and procedures established by the Chief Court Administrator. The existence of the order or process in the computer system shall constitute prima facie evidence of the issuance of the order or process. Any child named in the order or process may be arrested or taken into custody based on the existence of the order or process in the computer system and, if the order or process directs that such child be detained, the child shall be held in a juvenile residential center.
(j) In the case of any child held in detention, the order to detain such child shall be for a period that does not exceed seven days or until the dispositional hearing is held, whichever is shorter, unless, following a detention review hearing, such order is renewed for a period that does not exceed seven days or until the dispositional hearing is held, whichever is shorter.
(k) For purposes of subsections (c) and (e) of this section, a child may be determined to pose a risk to public safety if such child has previously been adjudicated as delinquent for or convicted of or pled guilty or nolo contendere to two or more felony offenses, has had two or more prior dispositions of probation and is charged with commission of a larceny under section 53a-119c.
(1949 Rev., S. 2810; 1959, P.A. 28, S. 54; P.A. 74-183, S. 211, 291; P.A. 76-426; 76-436, S. 22, 668, 681; P.A. 77-452, S. 24, 72; P.A. 80-236; P.A. 82-220; P.A. 83-504; P.A. 84-369, S. 1; P.A. 89-273, S. 3; P.A. 90-161, S. 2, 6; P.A. 95-225, S. 15; P.A. 98-256, S. 4; June Sp. Sess. P.A. 07-4, S. 85; Sept. Sp. Sess. P.A. 09-7, S. 72; P.A. 10-32, S. 165; P.A. 11-154, S. 1; 11-180, S. 1; P.A. 12-5, S. 11; P.A. 14-173, S. 4; P.A. 16-147, S. 1; P.A. 17-48, S. 14; P.A. 18-31, S. 33; P.A. 19-110, S. 2; P.A. 21-104, S. 30; P.A. 22-26, S. 11; 22-115, S. 1, 18.)
History: 1959 act substituted circuit court for city, police, borough or town court; P.A. 74-183 replaced circuit court with court of common pleas, effective December 31, 1974; P.A. 76-426 authorized juvenile court, probation officer or other officer to turn child over to youth service program; P.A. 76-436 replaced references to court of common pleas and juvenile court with references to superior court and juvenile matters, effective July 1, 1978; P.A. 77-452 made technical grammatical change; Sec. 17-65 temporarily renumbered as Sec. 51-314 and ultimately transferred to Sec. 46b-133 in 1979, and references to other sections within provisions revised as necessary by the Revisors to reflect their transfer; P.A. 80-236 authorized turning child over to juvenile detention center and similarly authorized detention supervisor to turn child over to youth service program; P.A. 82-220 added provision re taking photograph, physical description and fingerprints of child 14 or older arrested and charged with a felony; P.A. 83-504 divided section into Subsecs. and added provision re arrest of child by an officer for the commission of a serious juvenile offense as Subsec. (e); P.A. 84-369 revised the procedures for the release or detention of an arrested child including deleting the provision allowing the police officer to set bond for a child arrested for a serious juvenile offense, providing that a child arrested for any offense may either be released to the custody of his parent, guardian or some other suitable person or agency or turned over to a detention center, requiring the detention release hearing to be held on the next business day for all arrested children who are detained, prohibiting detention unless certain findings are made including probable cause that the child has committed the acts alleged, prohibiting release from detention of a child who has committed a serious juvenile offense except by order of a judge, and requiring a police officer to notify the parents or guardian of a child whom he intends to bring into detention; P.A. 89-273 added Subsec. (f) re the criteria for the admission of a child to a juvenile detention center when the population of the center equals or exceeds its maximum capacity; P.A. 90-161 inserted new Subsec. (f) permitting the court to order child to participate in drug testing and treatment as condition of release from detention, relettering former Subsec. as (g); P.A. 95-225 amended Subsec. (a) to revise provision re taking of the photograph, physical description and fingerprints of an arrested child by making it applicable to any child who is charged with a crime, rather than only to a child 14 years of age or older who is charged with a violation of any provision of title 53a which is designated a felony, and by providing that such child “may be required to” submit to such taking, rather than “shall” submit to such taking, and add provision permitting the disclosure to the public of the photograph of any child arrested for the commission of a capital felony or a class A felony, amended Subsec. (c) to add provisions requiring an officer to serve a written complaint and summons on a child and the parent, guardian or other person having control of a child who is arrested or referred for the commission of a delinquent act and is not placed in detention, requiring such parent, guardian or other person to execute a written promise to appear in court, authorizing the court to issue a warrant for the child's arrest or a capias to assure the court appearance of the parent, guardian or other person if any person so summoned wilfully fails to appear in court and authorizing the court to punish for contempt any parent, guardian or other person who wilfully fails to appear in court and amended Subsec. (f) to authorize “alcohol” testing and treatment and allow the admissibility of the results of an “alcohol” test; P.A. 98-256 amended Subsec. (a) to revise provision authorizing the disclosure of the photograph of a child arrested for a capital felony or class A felony to also include the name and custody status of the child, amended Subsec. (c) to make requirement that an officer serve a written complaint and summons on a child arrested for a delinquent act and his parent, guardian or other person having control of the child inapplicable when the child is referred to a diversionary program and amended Subsec. (g) to add “an order to detain” in Subdiv. (2); June Sp. Sess. P.A. 07-4 amended Subsec. (b) to require that child be placed in the least restrictive environment possible consistent with public safety, delete “or desirable” re detention and make technical changes, effective January 1, 2010; Sept. Sp. Sess. P.A. 09-7 amended Subsec. (c) to insert Subdiv. designators (1) to (3) and insert provision in Subdiv. (2) to allow officer to release child to child's own custody, substitute “other suitable person or agency” for “other person having control of the child” re service and copy of written complaint and summons, delete provision re parent, guardian or other person executing written promise to appear, add provision re notice and copy of written complaint and summons re child released to child's own custody, and add provision re delinquent act of wilful failure to appear, amended Subsec. (d) to require that there be no less restrictive alternative available for detention of child, substitute “poses a risk to” for “will not safeguard the best interests of” re child or community in Subdiv. (3), insert Subdiv. (6) re child violating conditions of suspended detention order, and rewrite requirement re detention of child in area separate and apart from adult detainees, amended Subsec. (e) to prohibit release of child if “order not to release” is noted and add “or agency” re other suitable person, amended Subsec. (g) to substitute “shall admit only” for “shall only admit”, and made technical changes, effective January 1, 2010; P.A. 10-32 made a technical change in Subsec. (c), effective May 10, 2010; P.A. 11-154 amended Subsec. (c) to substitute “seek a court order to detain” for requirement that child be immediately turned over to juvenile detention center, and add requirement that no child be placed in detention unless it appears from available facts that specified factors exist, designated existing portions of Subsec. (c) re child not placed in detention or referred to diversionary program as Subsec. (d), redesignated existing Subsecs. (d) to (g) as Subsecs. (e) to (h), amended Subsec. (h) to delete language re overpopulated juvenile detention center and re child charged with serious juvenile offense, and made technical and conforming changes; P.A. 11-180 added provision, codified by the Revisors as Subsec. (d)(2), re report of arrest for violation of Sec. 53a-82; P.A. 12-5 amended Subsec. (a) to add reference to provisions of Sec. 53a-54b in effect prior to April 25, 2012, re commission of a capital felony, effective April 25, 2012; P.A. 14-173 added Subsec. (i) re entry of court order to take child into custody or other process into central computer system and detention of child in juvenile detention center if order or process directs that child be detained; P.A. 16-147 amended Subsec. (a) by replacing “crime” with “delinquent act”, amended Subsec. (b) by adding provision re Superior Court where child is brought before judge is court that has jurisdiction over juvenile matters where child resides if residence of child can be determined, amended Subsec. (c) by replacing “shall” with “may”, replacing “it appears from the available facts” with “a judge of the Superior Court determines, based on the available facts”, adding new Subpara. (A) to (C) designators and replacing former Subparas. (A) to (F) with clauses (i) to (iii) re placement of child in detention, amended Subsec. (e) by replacing provision re turning child over to youth service program with provision re child arrested and placed in detention, replacing “shall” with “may”, adding Subpara. (A) and (B) designators re court determination, adding Subpara. (C) re use of detention risk assessment instrument, replacing former Subdivs. (1) to (6) with clauses (i) to (iii) re detaining child after hearing and adding provision re court permitted to consider suspended detention order with graduated sanctions, amended Subsec. (f) by adding provision re detention risk assessment instrument, deleting “by a detention supervisor” re release of child and adding provision re policies adopted by Court Support Services Division of Judicial Department, added Subsec. (j) re order to detain child, and made technical and conforming changes, effective January 1, 2017; P.A. 17-48 amended Subsec. (e) by redesignating Subparas. (A) to (C) as Subdivs. (1) to (3), and making conforming changes; P.A. 18-31 amended Subsec. (c) by replacing “no less restrictive alternative available” with “no appropriate less restrictive alternative available” in Subpara. (B), replacing “probable cause to believe that the child will pose a risk to public safety if released to the community prior to the court hearing or disposition” with “probable cause to believe that the level of risk that the child poses to public safety if released to the community prior to the court hearing or disposition cannot be managed in a less restrictive setting” in Subpara. (C)(i), and adding “or compliance with court process” in Subpara. (C)(ii), amended Subsec. (d) by deleting Subdiv. (2) re officer to report suspected abuse or neglect for violation of Sec. 53a-82, and deleting Subdiv. (1) designator, amended Subsec. (e) by replacing “probable cause to believe that the child will pose a risk to public safety if released to the community prior to the court hearing or disposition” with “probable cause to believe that the level of risk the child poses to public safety if released to the community prior to the court hearing or disposition cannot be managed in a less restrictive setting” in Subdiv. (3)(A), and adding “or compliance with court process” in Subdiv. (3)(B), replacing “detention risk assessment” with “detention risk screening”, and adding “or held for a period that exceeds six hours”, and amended Subsec. (f) by replacing “detention risk assessment” with “detention risk screening”, effective July 1, 2018; P.A. 19-110 added Subsec. (k) re determination of risk to public safety based on previous felony offenses and charge of certain larceny offenses, effective July 1, 2019; P.A. 21-104 amended Subsecs. (c) to (f), (h) and (i) to replace references to “detention” with “residential”, “juvenile residential” or “a juvenile residential center”, effective January 1, 2022; P.A. 22-26 amended Subsec. (d) to add provision re scheduling of court date on next business day following arrest of child for firearms or motor vehicle offense, effective July 1, 2022; P.A. 22-115 amended Subsec. (a) to add Subdiv. (1) requiring an arrested child be brought before a judge not later than 5 days after the arrest and designate existing language re a photograph, physical description and fingerprints as Subdiv. (2), amended Subsec. (b) to add provision re assessment for services, amended Subsec. (c) to designate existing provisions as Subdiv. (1), redesignate existing Subdivs. (1) to (3) as Subdivs. (1)(A) to (1)(C), reference the form pursuant to Sec. 46b-133p in Subdiv. (1)(C), redesignate Subdiv. (1)(A) as Subdiv. (1)(C)(i), replace Subdiv. (1)(B) re no appropriate less restrictive alternative available with Subdiv. (1)(C)(ii) re detention is more reasonable than appropriate less restrictive alternative, redesignate Subdiv. (3)(C) as Subdiv. (1)(C)(iii), redesignate Subdivs. (3)(C)(i) to (3)(C)(iii) as Subdivs. (1)(C)(iii)(I) to (1)(C)(iii)(III), add provision re declination by a judge to detain a child in Subdiv. (1)(C)(iii)(III) and add Subdiv. (2) re electronic monitoring, amended Subsec. (e) to make a technical change and provide an exception allowing a child to be held up to 8 hours awaiting a review of an application for an order of detention and amended Subsec. (k) by replacing reference to Sec. 53a-122(a)(3) or Sec. 53a-123(a)(1) or Sec. 53a-124(a)(1) with Sec. 53a-119c.
See Sec. 51-286l establishing and implementing a training program on a uniform process for seeking juvenile detention orders.
Annotations to former sections 17-65 and 51-314:
Cited. 115 C. 591; 154 C. 644, 648. Under circumstances of the apprehension, and in view of fact that offices of juvenile court were closed, it was not practicable to turn plaintiff over to appropriate officials immediately after arrest, and 10-hour detention was not unreasonable. 171 C. 683, 689.
Annotations to present section:
Cited. 206 C. 323; Id., 346; 211 C. 289; 214 C. 454; 215 C. 739.
Cited. 46 CA 545.
Cited. 43 CS 211.
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Sec. 46b-133a. Right to trial or dismissal upon nolle prosequi of delinquency charge. Erasure of records. (a) A nolle prosequi may not be entered as to any count of delinquency if the child objects to the nolle prosequi and demands either a trial or dismissal, except with respect to prosecutions in which a nolle prosequi is entered upon a representation to the court by the prosecutorial official that a material witness has died, disappeared or become disabled or that material evidence has disappeared or has been destroyed and that a further investigation is therefore necessary.
(b) Whenever a nolle prosequi has been entered as to any count of delinquency, or whenever any count of delinquency has been dismissed without prejudice, if at least thirteen months have elapsed since such nolle or dismissal without prejudice, all police and court records pertaining to such count shall be erased. Whenever any such count has been continued at the request of the prosecutorial official and a period of thirteen months has elapsed since the granting of such continuance during which period there has been no prosecution or other disposition of the matter, the count shall be construed to have been nolled as of the date of termination of such thirteen-month period and such erasure may thereafter be effected as provided in this subsection for nolled cases.
(P.A. 84-369, S. 2; P.A. 95-225, S. 16; P.A. 98-256, S. 5; Sept. Sp. Sess. P.A. 09-7, S. 123; June 12 Sp. Sess. P.A. 12-2, S. 80.)
History: P.A. 95-225 replaced “court advocate” with “juvenile prosecutor”; P.A. 98-256 replaced “charge” with “count” where appearing; Sept. Sp. Sess. P.A. 09-7 replaced “juvenile prosecutor” with “prosecutorial official”, effective October 5, 2009; June 12 Sp. Sess. P.A. 12-2 amended Subsec. (a) to substitute “child” for “juvenile”.
Cited. 21 CA 654.
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Sec. 46b-133b. Suspension of delinquency proceedings for treatment for alcohol or drug dependency. (a) The court, on motion of a child charged with a delinquency offense, but not yet convicted, may order that such child be examined to determine whether the child is alcohol-dependent or drug-dependent as defined in section 46b-120. Such motion shall be filed with the court within ten days after a plea is entered, except if waived by the court or pursuant to an agreement by the parties. The results of any examination ordered pursuant to this subsection shall be utilized only for the purposes of determining whether the delinquency proceeding should be suspended under this section.
(b) The court, upon motion of the child charged with a delinquency offense but not yet convicted, may order the suspension of the delinquency proceedings for a period of up to one year, order periodic alcohol and drug testing of such child during the period of suspension and order treatment for alcohol or drug dependency if the court, after consideration of information before it concerning the alcohol or drug dependency of the child, finds that (1) the child is alcohol-dependent or drug-dependent as defined in section 46b-120, (2) the child presently needs and is likely to benefit from treatment for the dependency, and (3) the suspension of the delinquency proceedings will advance the interests of justice. During the period of suspension, a child shall be placed under the supervision of a juvenile probation officer for treatment for alcohol or drug dependency and such officer shall monitor the compliance of the child with the orders of the court.
(c) If the court denies the motion for suspension of the delinquency proceedings, the prosecutorial official may proceed with the delinquency proceedings. Any order of the court granting or denying a motion for suspension of the delinquency proceedings shall not be deemed a final order for purposes of appeal.
(d) At any time before the end of the period of the suspension of the delinquency proceedings, but not later than one month before the end of the period of suspension, a juvenile probation officer shall notify the court of the impending conclusion of the suspension and submit a report on whether the child has completed the treatment program and has complied with all other conditions of the suspension order imposed by the court.
(e) If the court, on motion of the child or on its own motion, finds that the child has completed the treatment program and has complied with all other conditions of suspension, it may dismiss the charge for which the delinquency proceedings had been suspended. If the court denies the motion and terminates the suspension of the delinquency proceedings, the prosecutorial official may proceed with such proceedings.
(f) The provisions of this section shall not apply to any child charged with a serious juvenile offense as defined in section 46b-120 or any child who was previously ordered treated under this section.
(P.A. 90-161, S. 4, 6; P.A. 95-225, S. 17; Sept. Sp. Sess. P.A. 09-7, S. 124.)
History: P.A. 95-225 amended Subsec. (a) to replace “adjudged a delinquent child” with “convicted”, amended Subsec. (b) to replace “adjudged a delinquent child” with “convicted” and authorize the court to order periodic alcohol and drug testing of the child during the period of suspension and amended Subsecs. (c) and (e) to replace “court advocate” with “juvenile prosecutor”; Sept. Sp. Sess. P.A. 09-7 amended Subsecs. (c) and (e) to replace “juvenile prosecutor” with “prosecutorial official”, effective October 5, 2009.
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Sec. 46b-133c. Serious juvenile repeat offender prosecution. Sentencing. (a) Whenever a child is referred for the commission of a felony committed after such child attained the age of fourteen years and such child is a serious juvenile repeat offender, as defined in section 46b-120, the prosecutorial official may request the court to designate the proceeding as a serious juvenile repeat offender prosecution.
(b) If a prosecutorial official requests that a proceeding be designated a serious juvenile repeat offender prosecution, the court shall hold a hearing not later than thirty days after the filing of such request unless good cause is shown by the prosecutorial official or by the child as to why the hearing should not be held within such period. If good cause is shown, the hearing shall be held not later than ninety days after the filing of such request. The court shall decide whether to designate the proceeding as a serious juvenile repeat offender prosecution not later than thirty days after the completion of such hearing. The court shall grant the request to designate the proceeding as a serious juvenile repeat offender prosecution if the prosecutorial official shows by clear and convincing evidence that such designation will serve the public safety. The decision to designate the proceeding as a serious juvenile repeat offender prosecution shall not be a final judgment for purposes of appeal.
(c) A proceeding designated as a serious juvenile repeat offender prosecution pursuant to subsection (b) of this section shall be held before the court without a jury provided the child has waived his or her right to a trial by jury. If a child is convicted of or pleads guilty to a felony in such proceeding, the court shall: (1) Sentence the child in accordance with section 46b-140, and (2) sentence the child in accordance with section 53a-28 with the execution of such sentence stayed on the condition that the child not violate the conditions of the sentence imposed pursuant to subdivision (1) of this subsection or commit a subsequent crime.
(d) If a child is convicted of or pleads guilty to a misdemeanor in a proceeding designated as a serious juvenile repeat offender prosecution pursuant to subsection (b) of this section, the court shall sentence the child in accordance with section 46b-140.
(e) Whenever it appears that a child who has been sentenced pursuant to subsection (c) of this section has violated the conditions of the sentence imposed pursuant to subdivision (1) of said subsection (c) or has committed a subsequent crime, the court may, without notice, order that the child be immediately taken into custody in accordance with the provisions of section 46b-125. The court shall notify the child and such child's parent or guardian and the attorney of record, if any, in writing of the reasons alleged to exist for the lifting of the stay of execution of the sentence imposed pursuant to subdivision (2) of said subsection (c). If the child challenges such reasons, the court shall hold a hearing at which the child shall be entitled to be heard and be represented by counsel. After such hearing, if the court finds that the child has violated the conditions of the sentence imposed pursuant to subdivision (1) of said subsection (c) or committed a subsequent crime, it shall order the child to serve a sentence not to exceed that imposed pursuant to subdivision (2) of said subsection (c) unless it determines there are mitigating circumstances that justify continuing the stay of execution and specifically states such mitigating circumstances in writing for the record. The child shall receive credit against any sentence imposed pursuant to subdivision (2) of said subsection (c) for time served in a juvenile facility pursuant to the sentence imposed pursuant to subdivision (1) of said subsection (c).
(f) Whenever a proceeding has been designated a serious juvenile repeat offender prosecution pursuant to subsection (b) of this section and the child does not waive such child's right to a trial by jury, the court shall transfer the case from the docket for juvenile matters to the regular criminal docket of the Superior Court. Upon transfer, such child shall stand trial and be sentenced, if convicted, as if such child were eighteen years of age, subject to the provisions of section 54-91g, except that no such child shall be placed in a correctional facility but shall be maintained in a facility for children and youths until such child attains eighteen years of age or until such child is sentenced, whichever occurs first. Such child shall receive credit against any sentence imposed for time served in a juvenile facility prior to the effectuation of the transfer. A child who has been transferred may enter a guilty plea to a lesser offense if the court finds that such plea is made knowingly and voluntarily. Any child transferred to the regular criminal docket who pleads guilty to a lesser offense shall not resume such child's status as a juvenile regarding such offense. If the action is dismissed or nolled or if such child is found not guilty of the charge for which such child was transferred, the child shall resume such child's status as a juvenile until such child attains eighteen years of age.
(P.A. 95-225, S. 25; P.A. 06-196, S. 174; June Sp. Sess. P.A. 07-4, S. 76; Sept. Sp. Sess. P.A. 09-7, S. 73, 85, 125; P.A. 15-84, S. 4; P.A. 19-32, S. 15.)
History: P.A. 06-196 made technical changes in Subsec. (f), effective June 7, 2006; June Sp. Sess. P.A. 07-4 amended Subsec. (f) to substitute “eighteen years of age” for “sixteen years of age”, effective January 1, 2010; Sept. Sp. Sess. P.A. 09-7 amended Subsecs. (a) and (b) to replace “juvenile prosecutor” with “prosecutorial official”, effective October 5, 2009, amended Subsec. (f) to substitute “seventeen years of age” for “eighteen years of age”, effective January 1, 2010, and further amended Subsec. (f) to substitute “eighteen years of age” for “seventeen years of age”, effective July 1, 2012; P.A. 15-84 amended Subsec. (f) to add “subject to the provisions of section 54-91g”; P.A. 19-32 amended Subsecs. (c) and (d) by deleting references to Sec. 46b-141a and making a technical change.
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Sec. 46b-133d. Serious homicide, firearm or sexual offender prosecution. Sentencing. (a) For the purposes of this section, “special juvenile probation” means a period of probation imposed by the superior court for juvenile matters upon a child in a proceeding designated as a serious homicide, firearm or sexual offender prosecution during which the child is supervised by a juvenile probation officer prior to such child attaining eighteen years of age and by an adult probation officer after such child attains eighteen years of age.
(b) Whenever a child is referred for (1) the commission of any crime of (A) murder or manslaughter in the first degree, (B) a violation of section 53a-56a, 53a-60a, 53a-60c, 53a-92a, 53a-94a, 53a-102a, 53a-103a or 53a-212, or (C) a violation of section 53a-59, 53a-101 or 53a-136a if such violation involved the use of a firearm, or (2) the commission of any crime of a sexual nature, and such case is not transferred to the regular criminal docket pursuant to section 46b-127, the prosecutorial official may request the court to designate the proceeding as a serious homicide, firearm or sexual offender prosecution.
(c) If a prosecutorial official requests that a proceeding be designated as a serious homicide, firearm or sexual offender prosecution, the court shall hold a hearing not later than thirty days after the filing of such request unless good cause is shown by the prosecutorial official or by the child as to why the hearing should not be held within such period. If good cause is shown, the hearing shall be held not later than ninety days after the filing of such request. The court shall decide whether to designate the proceeding as a serious homicide, firearm or sexual offender prosecution not later than thirty days after the completion of such hearing. The court shall grant the request to designate the proceeding as a serious homicide, firearm or sexual offender prosecution if the court finds probable cause to believe the child has committed the felony act charged and the prosecutorial official shows by clear and convincing evidence that such designation will serve the public safety. The decision to designate the proceeding as a serious homicide, firearm or sexual offender prosecution shall not be a final judgment for purposes of appeal.
(d) A proceeding designated as a serious homicide, firearm or sexual offender prosecution pursuant to subsection (c) of this section shall be held before the court without a jury provided the child has waived the right to a trial by jury. If a child is convicted of or pleads guilty or nolo contendere to a charge in a proceeding that has been designated as a serious homicide, firearm or sexual offender prosecution, the court shall: (1) Sentence the child in accordance with section 46b-140, provided such sentence may be extended for a period not to exceed sixty months, (2) sentence the child to a period of special juvenile probation of at least five years, to commence upon the release of the child from the institution, agency or program in whose care the child had been placed, and (3) sentence the child in accordance with section 53a-28 with the execution of such sentence stayed on the condition that the child not violate the conditions of the sentence imposed pursuant to subdivisions (1) and (2) of this subsection or commit a subsequent crime.
(e) Whenever there is probable cause to believe that a child who has been sentenced pursuant to subsection (d) of this section has violated the conditions of the sentence imposed pursuant to subdivision (2) of said subsection or has committed a subsequent crime, the court may issue a warrant for the arrest of the child for a violation of the conditions of the sentence imposed pursuant to subsection (d) of this section and may order that the child be taken into custody in accordance with the provisions of sections 46b-125 and 53a-32. If such violation of probation or subsequent crime occurs prior to the person attaining eighteen years of age, the matter shall be handled by the superior court for juvenile matters. If such violation of probation or subsequent crime occurs after the person has attained eighteen years of age, the matter shall be handled by the regular criminal docket of the Superior Court. Whenever such matter is handled by the superior court for juvenile matters, the court shall notify the child and such child's parent or guardian and the attorney of record, if any, in writing of the reasons alleged to exist for the lifting of the stay of execution of the sentence imposed pursuant to subdivision (3) of subsection (d) of this section. If the child challenges such reasons, the court shall hold a hearing at which the child shall be entitled to be heard and be represented by counsel. After such hearing, if the court finds that (1) the child has violated the conditions of the sentence imposed pursuant to subdivision (2) of subsection (d) of this section, (2) committed a subsequent crime, or (3) by clear and convincing evidence that the best interest of the community cannot be served by continued supervision by the superior court for juvenile matters or in the community, it shall order the child to serve a sentence not to exceed that imposed pursuant to subdivision (3) of subsection (d) of this section unless it determines there are mitigating circumstances that justify continuing the stay of execution and specifically states such mitigating circumstances in writing for the record. The child shall receive credit against any sentence imposed pursuant to subdivision (3) of subsection (d) of this section for time served in a juvenile facility pursuant to the sentence imposed pursuant to subdivision (1) of said subsection.
(f) When a proceeding has been designated as a serious homicide, firearm or sexual offender prosecution pursuant to subsection (c) of this section and the child does not waive the right to a trial by jury, the court shall transfer the case from the docket for juvenile matters to the regular criminal docket of the Superior Court. Upon transfer, such child shall stand trial and be sentenced, if convicted, as if such child were eighteen years of age, subject to the provisions of section 54-91g, except that no such child shall be placed in a correctional facility but shall be maintained in a facility for children and youths until such child attains eighteen years of age or until such child is sentenced, whichever occurs first. Such child shall receive credit against any sentence imposed for time served in a juvenile facility prior to the effectuation of the transfer. A child who has been transferred may enter a guilty plea to a lesser offense if the court finds that such plea is made knowingly and voluntarily. Any child transferred to the regular criminal docket who pleads guilty to a lesser offense shall not resume such child's status as a juvenile regarding such offense. If the action is dismissed or nolled or if such child is found not guilty of the charge for which such child was transferred, the child shall resume such child's status as a juvenile until such child attains eighteen years of age.
(June Sp. Sess. P.A. 99-2, S. 47; P.A. 06-196, S. 175; June Sp. Sess. P.A. 07-4, S. 77; Sept. Sp. Sess. P.A. 09-7, S. 74, 86, 126; P.A. 15-84, S. 5; P.A. 19-32, S. 16; P.A. 22-115, S. 2.)
History: P.A. 06-196 made a technical change in Subsec. (f), effective June 7, 2006; June Sp. Sess. P.A. 07-4 amended Subsec. (f) to substitute “eighteen years of age” for “sixteen years of age”, effective January 1, 2010; Sept. Sp. Sess. P.A. 09-7 amended Subsecs. (b) and (c) to replace “juvenile prosecutor” with “prosecutorial official”, effective October 5, 2009, amended Subsec. (f) to substitute “seventeen years of age” for “eighteen years of age”, effective January 1, 2010, and further amended Subsec. (f) to substitute “eighteen years of age” for “seventeen years of age”, effective July 1, 2012; P.A. 15-84 amended Subsec. (f) to add “subject to the provisions of section 54-91g”; P.A. 19-32 amended Subsec. (d)(1) by deleting reference to Sec. 46b-141a; P.A. 22-115 changed “serious sexual offender prosecution” to “serious homicide, firearm or sexual offender prosecution” throughout, amended Subsec. (b) to add Subdiv. (1) re commission of a crime described in Subpara. (A), (B) or (C) and designate existing provision re commission of a crime of a sexual nature as Subdiv. (2), amended Subsec. (c) to add language re the court finding probable cause and replace “a preponderance of the evidence” with “clear and convincing evidence”, amended Subsec. (d)(1) to add proviso re extension of sentence and amended Subsec. (e) to require there be probable cause that a child has violated conditions of the sentence, require that the court issue a warrant for the arrest of the child rather than ordering the child, without notice, to be taken immediately into custody, designate existing provision re a finding that the child has violated conditions of a sentence imposed pursuant to Subsec. (d)(2) as Subdiv. (1) and re a finding that the child has committed a subsequent crime as Subdiv. (2) and add provision re the best interest of the community as Subdiv. (3).
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Sec. 46b-133e. Suspension of delinquency proceedings for participation in school violence prevention program. (a) The court, upon motion of a child charged with an offense involving the use or threatened use of physical violence in or on the real property comprising a public or private elementary or secondary school or at a school-sponsored activity as defined in subsection (h) of section 10-233a, may order the suspension of the delinquency proceedings for a period of one year and order the child to participate in a school violence prevention program during the period of suspension if the court, after consideration of information before it, finds that (1) the child presently needs and is likely to benefit from participation in a school violence prevention program, and (2) the suspension of the delinquency proceedings will advance the interests of justice.
(b) As a condition of eligibility for suspension of prosecution and placement in a school violence prevention program pursuant to this section, (1) the child shall agree to participate in a program of anger management and nonviolent conflict resolution consisting of group counseling sessions, and to satisfactorily complete such program, (2) the child shall agree to comply with any orders of the court, and (3) the parents or guardian of such child shall certify under penalty of false statement that, to the best of such parents' or guardian's knowledge and belief, neither such parent or guardian nor such child possesses any firearms, dangerous weapons, controlled substances or other property or materials the possession of which is prohibited by law or in violation of the law.
(c) The cost of participation in such program shall be paid by the parent or guardian of such child, except that no child shall be excluded from such program for inability to pay such cost provided (1) the parent or guardian of such child files with the court an affidavit of indigency or inability to pay, and (2) the court enters a finding thereof.
(d) During the period of suspension, a child shall be placed under the supervision of a juvenile probation officer for placement in a school violence prevention program and such officer shall monitor the compliance of the child with the orders of the court including, but not limited to, maintaining contact with the child and officials of the child's school.
(e) If the court denies the motion for suspension of the delinquency proceedings, the prosecutorial official may proceed with the delinquency proceedings. Any order of the court granting or denying a motion for suspension of the delinquency proceedings shall not be deemed a final order for purposes of appeal.
(f) At any time before the end of the period of the suspension of the delinquency proceedings, but not later than one month before the end of the period of suspension, a juvenile probation officer shall notify the court of the impending conclusion of the suspension and submit a report on whether the child has satisfactorily completed the school violence prevention program and has complied with all other conditions of the suspension order imposed by the court.
(g) If the court, on motion of the child or on its own motion, finds that the child has satisfactorily completed the school violence prevention program and has complied with all other conditions of suspension, and one year has elapsed since the child was placed in such program, it may dismiss the charge for which the delinquency proceedings had been suspended. If the court denies the motion and terminates the suspension of the delinquency proceedings, the prosecutorial official may proceed with such proceedings.
(P.A. 99-259, S. 1, 3; Sept. Sp. Sess. P.A. 09-7, S. 127, 128; P.A. 17-99, S. 4.)
History: P.A. 99-259 effective January 1, 2000; Sept. Sp. Sess. P.A. 09-7 amended Subsecs. (e) and (g) to replace “juvenile prosecutor” with “prosecutorial official”, effective October 5, 2009; P.A. 17-99 amended Subsec. (b)(1) by deleting “at least eight” re group counseling sessions.
See Sec. 54-56j re pretrial school violence prevention program.
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Sec. 46b-133f. Family violence mediation program on docket for juvenile matters. Report. (a) For the purposes of this section: (1) “Child” means child, as defined in section 46b-120; (2) “delinquent act” means delinquent act, as defined in section 46b-120; (3) “family violence” means family violence, as defined in section 46b-38a, between a child and a family or household member, as defined in section 46b-38a, except between the child and a person with a relationship to the child described in subparagraph (A), (E) or (F) of subdivision (2) of section 46b-38a; and (4) “mediation” means a process conducted in accordance with best practice principles for the mediation of family matters.
(b) The Judicial Department shall establish, within available appropriations, a family violence mediation program as a pilot program on the docket for juvenile matters in two judicial districts. Under the family violence mediation program, parties to an alleged delinquent act that involved family violence may agree to participate in mediation with an impartial third-party approved by the Superior Court to work toward a disposition of the alleged delinquent act that is satisfactory to each party. A juvenile probation officer, or the court, upon motion of any party, may refer the case of a child accused of a delinquent act involving family violence to the family violence mediation program. Such child's participation in the family violence mediation program shall be supervised by a juvenile probation officer.
(c) Upon receipt of a report from the juvenile probation officer that the child's progress in the family violence mediation program was satisfactory and that mediation has been successful, the court shall dismiss the charges against the child with respect to the delinquent act. Upon ordering that such charges be dismissed, the court shall order that all records of such charges be erased.
(d) Upon receipt of a report from a juvenile probation officer that mediation has not been successful or the child alleged to be a delinquent is no longer amenable to participation in the family violence mediation program or has failed to comply with the terms of any mediation agreement, the juvenile probation officer shall notify the prosecutorial official in charge of the case who may initiate delinquency or criminal proceedings against the child.
(e) Mediation services in cases referred to the family violence mediation program may be provided by private agencies under contract with the Court Support Services Division of the Judicial Department.
(f) If a child is under the supervision of the Department of Children and Families when the case of such child is referred to the family violence mediation program pursuant to this section, the court or probation officer shall notify the Department of Children and Families that such referral has been made.
(g) Not later than July 1, 2015, the executive director of the Court Support Services Division within the Judicial Department shall evaluate, within available appropriations, the pilot program established in each judicial district selected pursuant to subsection (b) of this section, and evaluate the feasibility of expanding the pilot program to other judicial districts. Not later than July 15, 2015, the executive director shall submit a report on such evaluation to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary and the Juvenile Justice Policy and Oversight Committee.
(P.A. 14-217, S. 85; P.A. 15-14, S. 14.)
History: P.A. 14-217 effective July 1, 2014; P.A. 15-14 made technical changes in Subsec. (b).
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Sec. 46b-133g. Detention risk screening instrument. (a) Not later than January 1, 2017, the Court Support Services Division of the Judicial Department shall develop and implement a detention risk screening instrument to be used to determine, based on the risk level, whether there is: (1) Probable cause to believe that a child will pose a risk to public safety if released to the community prior to the court hearing or disposition, or (2) a need to hold the child in order to ensure the child's appearance before the court or compliance with the court process, as demonstrated by the child's previous failure to respond to the court process. Such instrument shall be used when assessing whether a child should be detained pursuant to section 46b-133. Any detention risk screening shall be subject to the protections of subsection (k) of section 46b-124.
(b) When a child is presented before the court and it appears from the available facts there is probable cause to believe the child has violated a valid court order, the court, after administering the detention risk screening instrument, may order the child to participate in nonresidential programs for intensive wraparound services, community-based residential services for short-term respite or other services and interventions the court deems appropriate.
(P.A. 16-147, S. 2; P.A. 17-99, S. 41; June Sp. Sess. P.A. 17-2, S. 149; P.A. 18-31, S. 34.)
History: P.A. 16-147 effective June 10, 2016; P.A. 17-99 amended Subsec. (a) by replacing “subsection (l) of section 46b-124” with “subsection (k) of section 46b-124”; June Sp. Sess. P.A. 17-2 replaced “detention screening” with “detention risk screening” in Subsec. (a), effective October 31, 2017; P.A. 18-31 amended Subsec. (a) by adding “or compliance with the court process” in Subdiv. (2) and replacing “detention risk assessment” with “detention risk screening”, effective July 1, 2018.
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Sec. 46b-133h. Parameters for releasing child from detention. Not later than January 1, 2017, the Court Support Services Division of the Judicial Department shall adopt policies and procedures setting out the parameters under which Court Support Services Division staff may release a child from detention pursuant to subsection (f) of section 46b-133. The division may update such parameters at such times as the division deems necessary.
(P.A. 16-147, S. 3.)
History: P.A. 16-147 effective June 10, 2016.
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Sec. 46b-133i. Suspension of delinquency proceedings for fire starting behavior treatment. (a) For the purposes of this section, “an act of fire starting” means (1) conduct that causes an explosion or a fire to start, regardless of whether such explosion or fire results in an injury to a person or animal or damage to property, or (2) planning or preparing to cause an explosion or start a fire.
(b) The court, on a motion of a child charged with a delinquency offense involving an act of fire starting, but not yet convicted, may order that such child be evaluated to determine whether the child would benefit from participating in a fire starting behavior treatment program. Such motion shall be filed with the court not later than ten days after a plea is entered, except if waived by the court or pursuant to an agreement by the parties. The court shall use the results of any evaluation ordered pursuant to this subsection only for the purpose of determining whether delinquency proceedings should be suspended under this section. The costs of such evaluation shall be paid by such child's parent or guardian unless such costs are waived by the court upon a finding that such parent or guardian is indigent.
(c) The court, on a motion of a child charged with a delinquency offense involving an act of fire starting, but not yet convicted, may order the suspension of the delinquency proceeding for a period of up to one year and order that such child participate in a fire starting behavior treatment program if the court, after consideration of information before it concerning the child's act of fire starting and the evaluation ordered pursuant to subsection (b) of this section, finds that such child requires and is likely to benefit from such treatment and the suspension of the delinquency proceedings will advance the interests of justice. During the period of suspension, such child shall be placed under the supervision of a juvenile probation officer and such officer shall monitor the compliance of such child with the orders of the court. The costs of such treatment program shall be paid by such child's parent or guardian unless such costs are waived by the court upon a finding that such parent or guardian is indigent.
(d) If the court denies the motion for suspension of the delinquency proceedings, the prosecutorial official may proceed with the delinquency proceedings. Any order of the court granting or denying a motion for suspension of the delinquency proceedings shall not be deemed a final order for purposes of appeal.
(e) At any time before the end of the period of the suspension of the delinquency proceedings, except during the final month of the period of suspension, a juvenile probation officer shall notify the court of the impending conclusion of the suspension and submit a report on whether the child has completed the fire starting behavior treatment program and has complied with all other conditions of the suspension order imposed by the court.
(f) The court, on a motion of a child or on its own motion, may dismiss the charge for which the delinquency proceedings had been suspended if it finds that such child has successfully completed the fire starting behavior treatment program and has complied with all other conditions of the suspension order. If the court denies such motion and terminates the suspension of the delinquency proceedings, the prosecutorial official may proceed with such proceedings.
(g) The provisions of this section shall not apply to any child charged with a serious juvenile offense, as defined in section 46b-120, or any child for whom evaluation and treatment was previously ordered pursuant to this section.
(P.A. 19-135, S. 1.)
History: P.A. 19-135 effective July 1, 2019.
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Sec. 46b-133j. Suspension of delinquency proceeding for participation in services to address condition or behavior related to an offense involving a motor vehicle. (a) For purposes of this section: (1) “Delinquency offense involving a motor vehicle” means any offense under (A) subdivision (1) of subsection (a) of section 53a-119b, (B) section 53a-126a, (C) section 53a-126b, when the property consists of a motor vehicle, or (D) section 53a-119c; and (2) “child” means child, as defined in section 46b-120.
(b) The court, on motion of a child charged with a delinquency offense involving a motor vehicle for which such child is not yet adjudicated as delinquent, may order the suspension of the delinquency proceedings for a period of up to six months and order the child to participate in services to address any condition or behavior directly related to such offense during the period of suspension if the court, after consideration of the information before it, finds (1) the child is likely to benefit from supervision and participation in the recommended services, and (2) the suspension of the delinquency proceedings will advance the interests of justice. Such motion shall be filed with the court not later than ten days after a plea is entered, except if waived by the court or pursuant to an agreement by the parties.
(c) As a condition of eligibility for suspension of prosecution, the child shall agree to: (1) Cooperate with an assessment to determine whether such child would benefit from supervision and services; (2) participate in and satisfactorily complete the recommended services; and (3) comply with any orders of the court. During the period of suspension of the delinquency proceedings, a child shall be placed under the supervision of a juvenile probation officer and such officer shall monitor the compliance of such child with the orders of the court. Any assessment conducted pursuant to this section shall be used only for the purposes of determining the appropriate services and whether the delinquency proceedings should be suspended under this section. Any out-of-pocket costs of such treatment or other services shall be paid by the child's parent or guardian unless such costs are waived by the court upon a finding that such parent or guardian is indigent.
(d) If the court denies the motion for suspension of the delinquency proceedings, the prosecutorial official may proceed with the delinquency proceedings. Any order of the court granting or denying a motion for suspension of the delinquency proceedings shall not be deemed a final order for purposes of appeal.
(e) At any time before the end of the period of the suspension of the delinquency proceedings, but not later than one month before the end of the period of suspension, a juvenile probation officer shall notify the court of the impending conclusion of the suspension and submit a report on whether the child has completed the treatment or other services and has complied with all other conditions of the suspension order imposed by the court and, if not, whether the suspension period should be extended to allow additional time for the child to complete the recommended services.
(f) If the court, on motion of the child or on its own motion, finds that the child has completed the treatment or other services and has complied with all other conditions of suspension of the delinquency proceedings, the court may dismiss the charge for which the delinquency proceedings had been suspended. If the court finds that the child has not completed the treatment or other services, has not complied with all other conditions of suspension and additional time is needed to complete the treatment or other services, the court may extend the suspension period for up to an additional six months. If the court denies the motion and terminates the suspension of the delinquency proceedings, the prosecutorial official may proceed with such proceedings.
(g) The provisions of this section shall not apply to any child charged with a serious juvenile offense, as defined in section 46b-120, or any child who was previously granted suspension of prosecution pursuant to subsection (b) of this section.
(h) The Judicial Branch shall (1) collect and annually examine data relating to the suspension of delinquency proceedings pursuant to this section, (2) disaggregate such data by demographics of the children for whom such delinquency proceedings were suspended, offense characteristics, and treatment and service outcomes, and (3) report such data upon request.
(P.A. 19-110, S. 1; P.A. 22-115, S. 14.)
History: P.A. 22-115 amended Subsec. (a)(1) by redefining “delinquency offense involving a motor vehicle”.
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Sec. 46b-133k. Policy re suicidal and self-harming behaviors and use of solitary confinement, prone restraints and chemical agents in juvenile detention centers and correctional facilities detaining juveniles. Reporting. (a) Not later than July 1, 2020, the Commissioner of Correction and the executive director of the Court Support Services Division of the Judicial Department, in consultation with the Commissioner of Children and Families, shall develop a policy of best practices in juvenile detention centers and correctional facilities where persons ages seventeen years and under are detained. Such practices shall address:
(1) Suicidal and self-harming behaviors, including the development of a screening tool designed to determine which detained persons are at risk for suicidal and self-harming behaviors;
(2) Negative impacts of solitary confinement;
(3) Harmful effects of using chemical agents and prone restraints on detained persons, including limiting and documenting the use of such chemical agents and limiting the use of prone restraints on such persons; and
(4) Programming and services for such detained persons, including implementing behavior intervention plans for such persons whose behavior interferes with the safety or rehabilitation of other detained persons and providing trauma-responsive rehabilitative, pro-social and clinical services embedded into such person's schedule.
(b) The policy of best practices developed under subsection (a) of this section shall provide developmentally healthy and appropriate activities and recreational opportunities for such detained persons and their family members during visitation periods that are designed to strengthen family bonds and minimize trauma of separation. Such visitations shall include contact visits, unless such visit creates a risk of a harm to any person.
(c) Not later than July 1, 2021, the Commissioner of Correction and the executive director of the Court Support Services Division of the Judicial Department shall fully implement the policy of best practices developed under subsection (a) of this section in juvenile detention centers and correctional facilities where persons ages seventeen years and under are detained that are operated or overseen by said commissioner or executive director.
(d) The Commissioner of Correction and the executive director of the Court Support Services Division of the Judicial Department shall report to the Juvenile Justice Policy and Oversight Committee established under section 46b-121n annually, not later than January fifteenth for the previous calendar year on the following:
(1) Suicidal and self-harming behaviors exhibited by persons detained in juvenile detention centers and correctional facilities where persons ages seventeen years and under are detained under said commissioner's or executive director's control or oversight;
(2) Uses of force against and the imposition of physical isolation of persons detained in juvenile detention centers and correctional facilities where persons ages seventeen years and under are detained under said commissioner's or executive director's control or oversight; and
(3) Any educational or mental health concerns for persons detained in juvenile detention centers and correctional facilities where persons ages seventeen years and under are detained under said commissioner's or executive director's control or oversight.
(P.A. 19-187, S. 3.)
History: P.A. 19-187 effective July 9, 2019.
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Sec. 46b-133l. Report of use of chemical agents or prone restraints on detained juveniles. The Commissioner of Correction and the executive director of the Court Support Services Division of the Judicial Department shall report to the Juvenile Justice Policy and Oversight Committee established pursuant to section 46b-121n each instance of use of chemical agents or prone restraints on any person ages seventeen years of age or younger detained in any facility operated or overseen by said commissioner or executive director not later than thirty days after the date of such instance.
(P.A. 19-187, S. 4; P.A. 22-26, S. 12.)
History: P.A. 19-187 effective July 1, 2020; P.A. 22-26 replaced provision re monthly reports not later than August 1, 2020, and monthly thereafter, with provision re issuance of report not later than 30 days after the date of use of chemical agents or prone restraints and made technical changes, effective May 10, 2022.
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Sec. 46b-133m. Independent ombudsperson services provided in facilities that detain juveniles. (a) For purposes of this section, “independent ombudsperson services” includes (1) the receipt of complaints by the ombudsperson from persons detained in juvenile detention centers and correctional facilities where persons ages seventeen years and under are detained and the parent or guardian of any such person regarding decisions, actions and omissions, policies, procedures, rules and regulations of the center or facility, (2) touring each such center or facility, (3) investigating such complaints, rendering a decision on the merits of each complaint and communicating the decision to the complainant, (4) recommending to the head of the agency that operates or oversees such center or facility a resolution of any complaint found to have merit, and (5) recommending policy revisions to the head of such center or facility.
(b) The Commissioner of Correction and the executive director of the Court Support Services Division of the Judicial Department shall ensure that independent ombudsperson services are provided and available at any juvenile detention center or correctional facility where persons ages seventeen years and under are detained that any such agency operates or oversees.
(P.A. 19-187, S. 7.)
History: P.A. 19-187 effective July 1, 2020.
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Sec. 46b-133n. Communication services in juvenile detention facilities. (a) The executive director of the Court Support Services Division of the Judicial Branch shall not use the provision of voice communication service or any other communication service to a child who is detained in a juvenile detention facility to supplant in-person contact visits any such child may be eligible to receive.
(b) On and after October 1, 2022, the executive director shall provide voice communication service to any child who is detained in a juvenile detention facility. The executive director may supplement such voice communication service with any other communication service, including, but not limited to, video communication and electronic mail services. Any such communication service shall be provided free of charge to such child and any communication, whether initiated or received through any such service, shall be free of charge to the person or child initiating or receiving the communication.
(c) On and after October 1, 2022, the state shall not receive revenue for the provision of any communication service to any child detained in a juvenile detention center.
(d) For purposes of this section, “child” has the same meaning as provided in section 46b-120.
(P.A. 21-54, S. 2; June Sp. Sess. P.A. 21-2, S. 53.)
History: P.A. 21-54 effective June 16, 2021; June Sp. Sess. P.A. 21-2 changed effective date of P.A. 21-54 S. 2 from June 16, 2021, to July 1, 2022.
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Sec. 46b-133o. Access to juvenile residential centers. Nondisclosure of information identifying a juvenile. penalty. (a) Notwithstanding the provisions of section 46b-124, the Judicial Branch, subject to policies and procedures approved by the Chief Court Administrator, may permit the following individuals to enter, physically or virtually, a juvenile residential center and interact with staff and juveniles in that facility without a court order, provided such entry and interaction is required for the performance of that individual's duties:
(1) An employee or official of the Judicial Branch;
(2) An employee or authorized agent of the organization or agency responsible for providing educational services in the center;
(3) An employee of the Division of Public Defender Services;
(4) An attorney representing a juvenile;
(5) An employee or official of the Department of Children and Families;
(6) An employee or authorized agent of an organization or agency contracted with the Judicial Branch to provide direct services to juveniles;
(7) An individual who has been authorized by the Judicial Branch to provide training, enrichment, recreational or religious services to the juveniles; and
(8) An individual who has been authorized by the Judicial Branch to repair or maintain the center.
(b) A judge of the Superior Court may, upon finding that an individual not authorized under subsection (a) of this section has a legitimate interest in entering a juvenile residential center, order that such individual be allowed to enter that juvenile residential center.
(c) An individual permitted to enter into a juvenile residential center pursuant to this section shall not disclose, directly or indirectly, by any means, any information obtained by such individual that specifically identifies a juvenile, unless authorized by court order or otherwise provided by law.
(d) Any person who violates subsection (c) of this section shall be deemed guilty of a class B misdemeanor with a fine not to exceed one hundred dollars or imprisonment not greater than six months.
(P.A. 21-104, S. 54.)
History: P.A. 21-104 effective June 28, 2021.
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Sec. 46b-133p. Submission of copy of form to detain by law enforcement officer or prosecutorial official. Data compilation and report. (a) Any law enforcement officer or prosecutorial official who sought a court order to detain a child pursuant to subparagraph (C) of subdivision (1) of subsection (c) of section 46b-133 shall attach, along with the summons, a copy of the completed form to detain that is prescribed by Office of the Chief Court Administrator. On and after October 1, 2022, such form shall instruct any judge who declines to detain such child to articulate in writing, upon such form, the reasons for such declination.
(b) The Judicial Branch, the Division of Criminal Justice, the Division of State Police within the Department of Emergency Services and Public Protection and each municipal police department shall compile data concerning requests by a law enforcement officer to detain a child pursuant to subdivision (3) of subsection (c) of section 46b-133. The Judicial Branch, the Division of Criminal Justice, the Division of State Police within the Department of Emergency Services and Public Protection and each municipal police department shall sort such data by judicial district and categorize such data based on (1) how many such requests were made, and (2) how many such requests were denied. Not later than January 15, 2023, and annually thereafter, the Judicial Branch shall, in accordance with the provisions of section 11-4a, report such data from the previous calendar year to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary.
(P.A. 21-104, S. 61; P.A. 22-115, S. 7, 21.)
History: P.A. 22-115 amended Subsec. (a) to add provision re form's instruction to judge on and after October 1, 2022, effective May 27, 2022, and further amended Subsec. (a) to include prosecutorial officials, change the reference from Sec. 46b-133(c)(3) to Sec. 46b-133(c)(1)(C) and amended Subsec. (b) to include Division of Criminal Justice, Division of State Police within the Department of Emergency Services and Public Protection and each municipal police department, effective October 1, 2022.
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Sec. 46b-134. (Formerly Sec. 51-315). Investigation by probation officer prior to disposition of delinquency case. Physical, mental and diagnostic examination. Prior to the disposition of the case of any child adjudicated as delinquent, an investigation shall be made of the facts as specified in this section by the probation officer, and until such investigation has been completed and the results thereof placed before the judge, no disposition of the child's case shall be made. Such investigation shall consist of an examination of the parentage and surroundings of the child and the child's age, habits and history, and shall include also an inquiry into the home conditions, habits and character of the child's parents or guardians. Such investigation shall include an inquiry into the circumstances of the offense, the attitude of the complainant or victim, the criminal record, the present condition of the child and any damages suffered by the victim including medical expenses, loss of earnings and property loss. If the child is or legally should be in attendance at school, such investigation shall further contain a report of the child's school attendance, adjustment and behavior, the child's individualized education program if the child has been identified pursuant to sections 10-76a to 10-76gg, inclusive, as requiring special education and related services and any recommendations from school officials on conditions of probation if the child is placed on probation pursuant to section 46b-140, which shall be furnished by the school officials to the court upon its request. The court shall, when it is found necessary to the disposition, cause a complete physical or mental examination, or both, to be made of the child by persons professionally qualified to do so. Such examination may include testing to determine whether the child is alcohol-dependent or drug-dependent as defined in section 46b-120. If the court causes a complete physical or mental examination, or both, to be made of a child whose parents, guardian or custodian is found able to pay in whole or in part the cost thereof, it shall assess as costs against such parents, guardian or custodian, including any agency vested with the legal custody of the child, the expense so incurred and paid for by the court in having such examination performed, to the extent of their financial ability to do so. Prior to the disposition of the case of any child adjudicated as delinquent, the court may cause a complete diagnostic examination to be made, unless such information is otherwise available. Such information shall include physical and psychological diagnoses and may include medical, psychiatric, neurological, learning disability diagnoses and such other diagnoses as the court deems necessary.
(1949 Rev., S. 2811; 1969, P.A. 794, S. 9; P.A. 78-188, S. 7, 8; P.A. 79-581, S. 5; P.A. 82-298, S. 7; P.A. 89-273, S. 4; P.A. 90-161, S. 3, 6; P.A. 93-91, S. 1, 2; P.A. 94-221, S. 13; P.A. 95-225, S. 18; P.A. 03-86, S. 1; P.A. 18-31, S. 35.)
History: 1969 act restated provisions and specified probation officer as agent required to make investigations necessary prior to disposition of case; P.A. 78-188 authorized court to order a restitution investigation; P.A. 79-581 added provisions re required diagnostic examinations in cases where child found delinquent for serious juvenile offense; Sec. 17-66 temporarily renumbered as Sec. 51-315 and ultimately transferred to Sec. 46b-134 in 1979; P.A. 82-298 deleted provision which empowered court to order restitution investigations; P.A. 89-273 added provision requiring that the costs incurred and paid by the court for a physical or mental examination of a child be assessed against the parents, guardian or custodian of such child, including any agency vested with the legal custody of such child, to the extent of their financial ability to do so, and made the diagnostic examination discretionary rather than mandatory and applicable to any child found to be delinquent rather than any child found to be delinquent for a serious juvenile offense; P.A. 90-161 added provision permitting examination to include testing to determine whether the child is alcohol-dependent or drug-dependent; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 94-221 expanded the information to be included in the report for a child attending school or who legally should be attending school to include attendance, behavior and any recommendations from school officials on conditions of probation if the child is placed on probation; P.A. 95-225 replaced “found to be delinquent” with “convicted of a delinquent act” and added provision requiring the investigation to include an inquiry into the circumstances of the offense, the attitude of the complainant or victim, the criminal record, the present condition of the child and any damages suffered by the victim; P.A. 03-86 expanded information required in report with respect to a child who is or should be in school to include the child's individualized education program if the child has been identified as requiring special education and related services and made technical changes; P.A. 18-31 replaced “convicted of a delinquent act” with “adjudicated as delinquent”, deleted provision re information to be shared with Department of Children and Families, and made technical changes, effective July 1, 2018.
Annotations to former section 17-66:
Cited. 135 C. 515; 136 C. 494; 158 C. 439. Failure to complete required investigation and juvenile court's failure to consider facts that might have been brought to light upon completion of investigation had no bearing on that court's ultimate decision under former Sec. 17-60a to transfer defendant's case to regular criminal docket, because defendant's age mandated transfer of his case to regular criminal docket. 276 C. 633.
Cited. 19 CS 374; 26 CS 316.
Annotations to present section:
Cited. 211 C. 151; 216 C. 563.
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Sec. 46b-135. (Formerly Sec. 51-316). Right to counsel and cross-examination. (a) At the commencement of any proceeding concerning the alleged delinquency of a child, the child shall have the right to counsel and be so informed by the judge, and that if the child and the parent or parents or guardian of the child are unable to afford counsel, counsel will be provided for the child. Such counsel and the child shall have the rights of confrontation and cross-examination. If a parent fails to comply with a court order entered in the best interests of the alleged or adjudicated delinquent child and is facing potential imprisonment for contempt of court, such parent, if unable to afford counsel, shall be entitled to have counsel provided for such parent pursuant to this subsection.
(b) At the commencement of any proceeding on behalf of a neglected, uncared-for or abused child or youth, the parent or parents or guardian of the child or youth shall have the right to counsel, and shall be so informed by the judge, and that if they are unable to afford counsel, counsel will be provided for them. Such parent or guardian of the child or youth shall have the rights of confrontation and cross-examination.
(1967, P.A. 630, S. 8; 1969, P.A. 794, S. 11, 12; P.A. 75-602, S. 5, 13; P.A. 76-436, S. 23, 681; P.A. 95-225, S. 19; P.A. 07-159, S. 6; P.A. 11-240, S. 9.)
History: 1969 act deleted references to persons, other than parent or guardian, “having control of the child” and required that judge inform parent, guardian and child of their right to counsel and their right to have counsel provided if they cannot afford counsel themselves, both in Subsec. (a) and in new Subsec. (b); P.A. 75-602 added references to youths in Subsec. (b); P.A. 76-436 deleted references to juvenile court, effective July 1, 1978; Sec. 17-66b temporarily renumbered as Sec. 51-316 and ultimately transferred to Sec. 46b-135 in 1979; P.A. 95-225 amended Subsec. (a) to replace “proceeding on behalf of a delinquent child” with “proceeding concerning the alleged delinquency of a child” and make technical changes; P.A. 07-159 amended Subsec. (a) to provide that parent who fails to comply with a court order and is facing imprisonment for contempt is entitled to counsel pursuant to subsection and to make conforming changes and amended Subsec. (b) to delete “and such counsel” re rights of confrontation and cross-examination and to make technical changes, effective July 1, 2007; P.A. 11-240 amended Subsec. (b) by replacing “dependent” with “abused”, effective July 1, 2011.
Annotation to former section 17-66b:
Cited. 158 C. 439.
Annotations to present section:
Subsec. (a):
Cited. 195 C. 303; 207 C. 725; 211 C. 289.
Juvenile is entitled to counsel at both adjudicatory and dispositive phases. 39 CS 400.
Subsec. (b):
Subsec. does not indicate an intent to disturb the rules of evidence governing admission of hearsay statements. 296 C. 524.
Cited. 23 CA 207; Id., 410; 25 CA 536; 42 CA 664. In parental rights termination case, trial court did not violate respondent's right of confrontation under Subsec. by deciding not to question child in camera where trial court found that child's testimony was not necessary based on all the evidence in case and that requiring child to testify would victimize her. 49 CA 763. Parent's right to confrontation and cross-examination not violated by admission of the children's statements under the residual exception to the hearsay rule because, although available, the children would be harmed if called to testify. 111 CA 28; judgment affirmed, see 296 C. 524. In action for termination of parental rights, the court did not deny respondent her procedural due process rights when conducting a trial on the merits with only her counsel present as the court still required petitioner to prove by clear and convincing evidence not only the grounds for termination, but that it was in the child's best interest for respondent's parental rights to be terminated. Id., 210. Although provision supports father's argument that he was a legally necessary party with right of confrontation, it does not require that the court or petitioner repeatedly attempt to locate a properly served, nonappearing, defaulted respondent throughout a hearing nor require that a new trial be ordered when a nonappearing, defaulted respondent is incarcerated after the beginning of a hearing, makes no attempt to contact the court and is later located by the petitioner. 117 CA 521.
Cited. 41 CS 145.
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Sec. 46b-136. (Formerly Sec. 51-317). Appointment of attorney to represent child or youth and parent or guardian. Payment for the cost of attorney. (a) In any proceeding in a juvenile matter, the judge before whom such proceeding is pending shall, even in the absence of a request to do so, provide an attorney to represent the child or youth, the child's or youth's parent or parents or guardian, or other person having control of the child or youth, if such judge determines that the interests of justice so require, and in any proceeding in which the custody of a child is at issue, such judge shall provide an attorney to represent the child and may authorize such attorney or appoint another attorney to represent such child or youth, parent, guardian or other person on an appeal from a decision in such proceeding.
(b) (1) When, under the provisions of this section, the court appoints counsel in a proceeding in a juvenile matter in the civil session and orders the Division of Public Defender Services to provide such counsel, the cost of such counsel shall be shared as agreed to by the Division of Public Defender Services and the Judicial Department. When, under the provisions of this subdivision, the court so appoints counsel for any party who is found able to pay, in whole or in part, the cost thereof, the court shall assess as costs against such party, including any agency vested with the legal custody of the child or youth, the expense incurred and paid by the Division of Public Defender Services and the Judicial Department in providing such counsel, and order reimbursement to the Division of Public Defender Services and the Judicial Department to the extent of the party's financial ability to do so.
(2) When, under the provisions of this section, the court appoints counsel in a proceeding in a juvenile matter in the criminal session and orders the Division of Public Defender Services to provide such counsel, the cost of such counsel shall be incurred by the Division of Public Defender Services. When, under the provisions of this subdivision, the court so appoints counsel for any party who is found able to pay, in whole or in part, the cost thereof, the court shall assess as costs against such party, including any agency vested with the legal custody of the child or youth, the expense incurred and paid by the Division of Public Defender Services in providing such counsel, and order reimbursement to the Division of Public Defender Services to the extent of the party's financial ability to do so.
(c) The Division of Public Defender Services shall establish the rate at which counsel provided pursuant to this section shall be compensated.
(1967, P.A. 630, S. 9; 1969, P.A. 794, S. 10; P.A. 73-188; P.A. 75-277; 75-602, S. 6, 13; P.A. 76-235, S. 1, 2; 76-436, S. 24, 681; P.A. 07-159, S. 7; P.A. 11-51, S. 18; P.A. 19-64, S. 3.)
History: 1969 act specified that judge may provide attorney to represent child “even in the absence of a request to do so” and added provisions re assessment of costs; P.A. 73-188 allowed judge to authorize attorney to represent his assigned client on an appeal to the superior court; P.A. 75-277 added provision making appointment of attorney for child in custody proceeding mandatory; P.A. 75-602 applied provisions to youths; P.A. 76-235 referred to cases where custody of child “is at issue” rather than to cases where custody “may be affected”; P.A. 76-436 replaced reference to juvenile court with reference to juvenile matters and deleted reference to superior court as appeal court, reflecting transfer of juvenile court powers to superior court, effective July 1, 1978; Sec. 17-66c temporarily renumbered as Sec. 51-317 and ultimately transferred to Sec. 46b-136 in 1979; P.A. 07-159 replaced provision re expense paid for by court with provision re expense paid by Commission on Child Protection, added provision re counsel compensation rate established by commission and made technical changes, effective July 1, 2007; P.A. 11-51 substituted “Division of Public Defender Services” for “Commission on Child Protection”, effective July 1, 2011; P.A. 19-64 designated existing provisions re judge in proceeding in juvenile matter to provide attorney to represent child or youth as Subsec. (a), added Subsec. (b)(1) re costs of counsel provided by Division of Public Defender Services in juvenile matter in civil session, designated existing provisions re cost of counsel for party who is found able to pay as Subsec. (b)(2) and amended same to add provision re proceeding in juvenile matter in criminal session, replace “parents, guardian or custodian” with “party”, and add provision re order of reimbursement to Division of Public Defender Services, designated provisions re Division of Public Defender Services to establish rate as Subsec. (c), and made technical and conforming changes, effective July 1, 2019.
Annotations to former section 17-66c:
Cited. 158 C. 439; 168 C. 421.
Annotations to present section:
Where statute mandates assistance of counsel, it is implicit that this means competent counsel. 179 C. 155.
Cited. 10 CA 36; 31 CA 400; judgment reversed, see 230 C. 459. Under this section and Sec. 45a-132, court has broad discretion to appoint counsel and guardians ad litem for minor parties. 76 CA 693.
Cited. 39 CS 400.
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Sec. 46b-137. (Formerly Sec. 51-318). Admissibility of admission, confession or statement in juvenile proceedings. (a) Any admission, confession or statement, written or oral, made by a child under the age of sixteen to a police officer or Juvenile Court official shall be inadmissible in any proceeding concerning the alleged delinquency of the child making such admission, confession or statement unless made by such child in the presence of the child's parent or parents or guardian and after the parent or parents or guardian and child have been advised (1) of the child's right to retain counsel, or if unable to afford counsel, to have counsel appointed on the child's behalf, (2) of the child's right to refuse to make any statements, and (3) that any statements the child makes may be introduced into evidence against the child.
(b) Any admission, confession or statement, written or oral, made by a child sixteen or seventeen years of age to a police officer or Juvenile Court official, except an admission, confession or statement, written or oral, made by a child sixteen or seventeen years of age to a police officer in connection with a case transferred to the Juvenile Court from the youthful offender docket, regular criminal docket of the Superior Court or any docket for the presentment of defendants in motor vehicle matters, shall be inadmissible in any proceeding concerning the alleged delinquency of the child making such admission, confession or statement, unless (1) the police or Juvenile Court official has made reasonable efforts to contact a parent or guardian of the child, and (2) such child has been advised that (A) the child has the right to contact a parent or guardian and to have a parent or guardian present during any interview, (B) the child has the right to retain counsel or, if unable to afford counsel, to have counsel appointed on behalf of the child, (C) the child has the right to refuse to make any statement, and (D) any statement the child makes may be introduced into evidence against the child.
(c) The admissibility of any admission, confession or statement, written or oral, made by a child sixteen or seventeen years of age to a police officer or Juvenile Court official, except an admission, confession or statement, written or oral, made by a child sixteen or seventeen years of age to a police officer in connection with a case transferred to the Juvenile Court from the youthful offender docket, regular criminal docket of the Superior Court or any docket for the presentment of defendants in motor vehicle matters, shall be determined by considering the totality of the circumstances at the time of the making of such admission, confession or statement. When determining the admissibility of such admission, confession or statement, the court shall consider (1) the age, experience, education, background and intelligence of the child, (2) the capacity of the child to understand the advice concerning rights and warnings required under subdivision (2) of subsection (b) of this section, the nature of the privilege against self-incrimination under the United States and Connecticut Constitutions, and the consequences of waiving such rights and privilege, (3) the opportunity the child had to speak with a parent, guardian or some other suitable individual prior to or while making such admission, confession or statement, and (4) the circumstances surrounding the making of the admission, confession or statement, including, but not limited to, (A) when and where the admission, confession or statement was made, (B) the reasonableness of proceeding, or the need to proceed, without a parent or guardian present, and (C) the reasonableness of efforts by the police or Juvenile Court official to attempt to contact a parent or guardian.
(d) Any confession, admission or statement, written or oral, made by the parent or parents or guardian of the child or youth after the filing of a petition alleging such child or youth to be neglected, uncared for or abused shall be inadmissible in any proceeding held upon such petition against the person making such admission or statement unless such person shall have been advised of the person's right to retain counsel, and that if the person is unable to afford counsel, counsel will be appointed to represent the person, that the person has a right to refuse to make any statement and that any statements the person makes may be introduced in evidence against the person, except that any statement made by the mother of any child or youth, upon inquiry by the court and under oath if necessary, as to the identity of any person who might be the father of the child or youth shall not be inadmissible if the mother was not so advised.
(1967, P.A. 630, S. 10; 1969, P.A. 794, S. 13, 14; P.A. 75-183; 75-602, S. 7, 13; P.A. 76-436, S. 591, 681; P.A. 95-225, S. 20; P.A. 98-256, S. 11; Sept. Sp. Sess. P.A. 09-7, S. 75, 87; P.A. 10-43, S. 39, 40; June Sp. Sess. P.A. 10-1, S. 31; P.A. 11-157, S. 19; 11-240, S. 10, 11.)
History: 1969 act removed persons having control of child (other than parents or guardians) from purview of section and specifically enumerated rights of parents or guardians where previously “rights as provided by section 17-66a” occurred and added Subsec. (b) re admissibility of confessions, admissions, etc. in court proceeding; P.A. 75-183 applied Subsec. (a) to admissions, confessions, etc. made by child, replacing provisions applicable to children, their parents or guardians; P.A. 75-602 added references to youths in Subsec. (b); P.A. 76-436 deleted references to juvenile court, reflecting transfer of that court's powers to superior court and made technical changes to correct grammar in Subsec. (b); Sec. 17-66d temporarily renumbered as Sec. 51-318 and ultimately transferred to Sec. 46b-137 in 1979; P.A. 95-225 amended Subsec. (a) to limit applicability of provisions to any admission, confession or statement made “to a police officer or juvenile court official” and replace “inadmissible in any proceeding for delinquency against the child” with “inadmissible in any proceeding concerning the alleged delinquency of the child”; P.A. 98-256 made a technical change in Subsec. (a); Sept. Sp. Sess. P.A. 09-7 made provisions of Subsec. (a) applicable to child under the age of 16, inserted new Subsecs. (b) and (c) re admission, confession or statement of child 16 years of age, redesignated existing Subsec. (b) as Subsec. (d), and made technical changes, effective January 1, 2010, and further amended Subsecs. (b) and (c) to make provisions applicable to a child 17 years of age, effective July 1, 2012; P.A. 10-43 amended Subsec. (d) to add exception that statement of mother re identity of person who might be father of child or youth is not inadmissible if mother was not advised of her rights; June Sp. Sess. P.A. 10-1 amended Subsecs. (b) and (c) to exempt written or oral admission, confession or statement made by child age 16 to a police officer re case transferred from youthful offender docket, regular criminal docket or docket for motor vehicle matters, effective July 1, 2010; P.A. 11-157 amended Subsecs. (b) and (c) to exempt written or oral admission, confession or statement made by child age 16 or 17 to a police officer re case transferred from youthful offender docket, regular criminal docket or docket for motor vehicle matters, effective July 1, 2012; P.A. 11-240 amended Subsec. (d) by replacing “dependent” with “abused”, effective July 1, 2011.
Annotation to former section 17-66d:
Cited. 158 C. 439.
Annotations to present section:
Cited. 211 C. 289. Legislature sought to extend constitutional safeguards to children in delinquency proceedings, but not to parents in neglect and uncared-for proceedings. 268 C. 614.
Cited. 46 CA 545. Section has no bearing on admissibility of statements offered in adult proceedings. 165 CA 703; judgment affirmed, see 329 C. 311.
Subsec. (a):
Cited. 215 C. 739. Does not apply in a case in which state seeks to use confession in proceeding in criminal, rather than juvenile, court. 263 C. 1; 297 C. 322. Under 2005 revision, police officer not required under the circumstances to readvise child before questioning him a second time. 299 C. 107.
“Fruit of the poisonous tree” doctrine as applied to statements obtained in violation of statute discussed. 22 CA 53. Where accused and parent or guardian are informed through a single reading, separate Miranda readings would be unnecessary and redundant. 32 CA 431. In determining when an advisement of rights must be repeated, the court should consider not whether previous advisement of rights had expired, but whether purpose of statute, to help child and parent or guardian decide whether to make voluntary admission or to remain silent, was achieved. 109 CA 206; judgment reversed, see 299 C. 107.
Subsec. (b):
Applies to termination of parental rights proceedings when petition alleges that child has been neglected or uncared-for; it is appropriate to read statute broadly, given that termination proceedings are at least as deserving to receive additional evidentiary safeguards as are neglect, uncared-for or dependency proceedings. 268 C. 614.
Cited. 10 CA 428.
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Sec. 46b-138. (Formerly Sec. 51-319). Summoning of witnesses. Conversation privileged. For the purpose of hearing any juvenile matter, the court may summon witnesses and compel their attendance. The conversations of the judge with a child or youth whose case is before the court shall be privileged.
(1949 Rev., S. 2812; P.A. 75-602, S. 8, 13; P.A. 76-436, S. 25, 681; P.A. 78-379, S. 11, 27.)
History: P.A. 75-602 specified that conversations of judge and youth are privileged as well as conversations between judge and child; P.A. 76-436 referred to judges “hearing a juvenile matter” rather than to judges of juvenile court, reflecting transfer of juvenile court duties to superior court, effective July 1, 1978; P.A. 78-379 deleted provisions which had empowered judge to exclude from hearing persons whose presence is not necessary and which had prohibited use of room regularly used for criminal matters; Sec. 17-67 temporarily transferred to Sec. 51-319 and ultimately transferred to Sec. 46b-138 in 1979.
Annotations to former section 17-67:
Cited. 135 C. 516; 158 C. 439.
Cited. 26 CS 316.
Annotations to present section:
Cited. 2 CA 132.
Cited. 41 CS 505.
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Sec. 46b-138a. Testimony of accused juvenile, parent or guardian in juvenile proceeding. In any juvenile proceeding in the Superior Court, the accused child shall be a competent witness, and at his or her option may testify or refuse to testify in such proceedings. The parent or guardian of such child shall be a competent witness but may elect or refuse to testify for or against the accused child except that a parent or guardian who has received personal violence from the child may, upon the child's trial for offenses arising from such personal violence, be compelled to testify in the same manner as any other witness. No unfavorable inferences shall be drawn by the court from the accused child's silence.
(P.A. 79-263.)
Section explicitly provides that an accused child, as well as his parent or guardian, may refuse to testify in a delinquency proceeding, and that no adverse inference may be drawn against the accused child. 268 C. 614.
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Sec. 46b-138b. Statement of victim or victim's representative at delinquency proceeding. In any proceeding concerning the alleged delinquency of a child, any victim of the alleged delinquent conduct, the parents or guardian of such victim, a victim advocate for such victim under section 54-220, or such victim's counsel shall have the right to appear before the court for the purpose of making a statement to the court concerning the disposition of the case.
(P.A. 89-273, S. 11; P.A. 95-225, S. 21; P.A. 10-43, S. 32.)
History: P.A. 95-225 authorized the victim's advocate and the victim's counsel to appear before the court and deleted the provision that the appearance by the victim or the victim's representative shall be “outside the presence of the alleged delinquent child”; P.A. 10-43 replaced “an advocate for such victim, appointed under section 54-221” with “a victim advocate for such victim under section 54-220”.
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Sec. 46b-139. (Formerly Sec. 51-320). Expert medical witnesses; interpreter. (a) When any licensed physician or certified or licensed psychologist is summoned to give expert testimony in any juvenile matter, the court shall determine a reasonable fee to be paid to such physician or psychologist in lieu of all other witness fees payable to such physician or psychologist.
(b) Any judge of the Superior Court hearing a juvenile matter may call in a competent interpreter to interpret the evidence in any such hearing and each interpreter so necessarily employed shall be paid from funds appropriated to the Judicial Department.
(1969, P.A. 794, S. 15; P.A. 76-436, S. 26, 681; P.A. 77-576, S. 25, 65.)
History: P.A. 76-436 deleted former Subsecs. (b) and (c) re recompense for town, city or borough policemen summoned to testify in proceedings and re fees for other witnesses, redesignating former Subsec. (d) accordingly, and revised remaining provisions to reflect transfer of juvenile court powers to superior court, effective July 1, 1978; P.A. 77-576 replaced provision re fifteen-dollar fee for interpreters or other fee determined by judge to be reasonable in exceptional cases with statement that interpreter is to be paid from judicial department appropriations, omitting any reference to amount of fee; Sec. 17-67a temporarily renumbered as Sec. 51-320 and ultimately transferred to Sec. 46b-139 in 1979.
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Sec. 46b-140. (Formerly Sec. 51-321). Disposition upon adjudication of child as delinquent. (a) In determining the appropriate disposition of a child adjudicated as delinquent, the court shall consider: (1) The child's age and intellectual, cognitive and emotional development; (2) the seriousness of the offense, including any aggravating or mitigating factors; (3) the impact of the offense on any victim; (4) the child's record of delinquency; (5) the child's willingness to participate in available programs; (6) the child's prior involvement with the Department of Children and Families as a committed delinquent; (7) the child's prior involvement with juvenile probation; (8) the child's history of participation in and engagement with programming and service interventions; (9) the identified services, programs and interventions that will best address the child's needs and risk of reoffending, as indicated by the risk and needs assessment administered by the Court Support Services Division and any other relevant evidence; and (10) the level of supervision indicated by the risk and needs assessment administered by the Court Support Services Division and any other relevant evidence.
(b) Upon adjudication of a child as delinquent, the court may (1) discharge the child from the court's jurisdiction with or without a warning, (2) place the child on probation supervision for a period not to exceed eighteen months, which may be extended in accordance with section 46b-140a by not more than twelve months, for a total supervision period not to exceed thirty months, or (3) place the child on probation supervision with residential placement, for a period not to exceed eighteen months, which may be extended in accordance with section 46b-140a by not more than twelve months, for a total supervision period not to exceed thirty months.
(c) As a condition of probation supervision or probation supervision with residential placement, the court may order that the child: (1) Participate in a youth service bureau program; (2) reside with a parent, relative or guardian or in a suitable residence approved by the court; (3) attend school and class on a regular basis and comply with school policies on student conduct and discipline; (4) refrain from violating any federal or state law or municipal or local ordinance; (5) undergo any medical or psychiatric evaluation or treatment deemed necessary by the court; (6) submit to random drug or alcohol testing, or both; (7) participate in a program of alcohol or drug treatment, or both; (8) participate in a program of community service; (9) obtain technical or vocational training, or both; (10) make a good faith effort to obtain and maintain employment; (11) be placed in an appropriate residential facility in accordance with subsection (g) of this section and remain in such facility until discharged; (12) not leave the state without notification of and permission from his or her probation officer; (13) notify his or her probation officer of any change of address or phone number within forty-eight hours of such change; (14) make all reasonable efforts to keep all appointments scheduled by the probation officer, evaluators and therapists, and notify his or her probation officer if he or she is unable to keep any such appointment; (15) obey any graduated responses ordered by his or her probation officer; (16) initiate no contact with any victim of the offense; and (17) satisfy any other conditions deemed appropriate by the court. The court may also order as a condition of probation supervision or probation supervision with residential placement that the child or the parents or guardian of the child, or both, make restitution to the victim of the offense in accordance with subsection (d) of this section. The court shall cause a copy of any such order to be delivered to the child, the child's parents or guardian and the child's probation officer. If the child is adjudicated as delinquent for a violation of section 53-247, the court may order, as a condition of probation supervision or probation supervision with residential placement, that the child undergo psychiatric or psychological counseling or participate in an animal cruelty prevention and education program provided such a program exists and is available to the child.
(d) If the child has engaged in conduct which results in property damage or personal injury, the court may order the child or the parent or parents or guardian of the child, if such parent or parents or guardian had knowledge of and condoned the conduct of the child, or both the child and the parent or parents or guardian, to make restitution to the victim of such offense, provided the liability of such parent or parents or guardian shall be limited to an amount not exceeding the amount such parent or parents or guardian would be liable for in an action under section 52-572. Restitution may consist of monetary reimbursement for the damage or injury, based on the child's or the parent's, parents' or guardian's ability to pay, as the case may be, in the form of a lump sum or installment payments, paid to the court clerk or such other official designated by the court for distribution to the victim.
(e) The court may order the child to participate in a program of community service under the supervision of the court or any organization designated by the court. Such child shall not be deemed to be an employee and the services of such child shall not be deemed employment.
(f) At any time during a period of probation supervision or probation supervision with residential placement, the court may authorize the child's probation officer to convene a case review team meeting with the child and the child's attorney on any case that is being considered for residential placement or that is complex and could benefit from a multi-systemic approach. The juvenile probation supervisor and juvenile probation officer shall facilitate the meeting, which may also include the following participants: (1) The child's family; (2) the state's attorney; (3) school officials; (4) treatment providers; and (5) representatives from other state agencies, as deemed appropriate. Any recommendations to modify conditions of probation supervision, including residential placement, shall be presented to the court for consideration and approval.
(g) An adjudicated child shall not be placed on probation supervision with residential placement in a secure or staff-secure facility unless a current predispositional study has been completed and reviewed by the court and: (1) Such placement is indicated by the child's clinical and behavioral needs; or (2) the level of risk the child poses to public safety cannot be managed in a less restrictive setting. The court shall consider all relevant reports, evaluations and studies proffered or admitted as evidence. The child's length of stay in a residential facility shall be dependent on the child's treatment progress and attainment of treatment goals.
(1949 Rev., S. 2813; 1955, S. 1578d; 1957, P.A. 41; 1969, P.A. 498, S. 1; 664, S. 9; P.A. 75-226, S. 2; 75-567, S. 77, 80; 75-602, S. 9, 13; P.A. 76-436, S. 27, 681; P.A. 78-188, S. 6, 8; P.A. 79-581, S. 6; P.A. 84-10; 84-389, S. 1; P.A. 89-273, S. 5; 89-390, S. 20, 37; P.A. 90-161, S. 5, 6; 90-240, S. 5, 6; 90-325, S. 19, 32; P.A. 93-91, S. 1, 2; P.A. 94-136, S. 2; 94-221, S. 14; P.A. 95-225, S. 22; P.A. 98-70, S. 3; 98-256, S. 6; P.A. 99-26, S. 12, 39; P.A. 01-211, S. 14; P.A. 02-132, S. 23; P.A. 03-208, S. 3; P.A. 04-152, S. 1; June Sp. Sess. P.A. 07-4, S. 79; Sept. Sp. Sess. P.A. 09-7, S. 76; P.A. 11-157, S. 16; June 12 Sp. Sess. P.A. 12-1, S. 271; Dec. Sp. Sess. P.A. 12-1, S. 48; P.A. 15-58, S. 1; P.A. 18-31, S. 36; P.A. 19-32, S. 17.)
History: 1969 acts restated provisions and divided section into Subsecs., inserting new provision authorizing commitment of child to department of children and youth services as Subsec. (b); P.A. 75-226 added provisions in Subsec. (a) re orders for child to do work in public buildings or on public property; P.A. 75-567 deleted references to youths judged to be delinquent in Subsec. (c); P.A. 75-602 restored references to youths deleted by P.A. 75-667 in Subsec. (c) and authorized commitment of child or youth to commissioner of children and youth services rather than to “a hospital or other institution empowered by law to treat mentally ill children” in that Subsec.; P.A. 76-436 deleted reference to juvenile court in Subsec. (d), reflecting transfer of juvenile court's powers and duties to superior court, effective July 1, 1978; P.A. 78-188 authorized court to order child to make restitution in Subsec. (a); P.A. 79-581 added Subsec. (e) re procedure where delinquent act is a serious juvenile offense; Sec. 17-68 temporarily renumbered as Sec. 51-321 and ultimately transferred to Sec. 46b-140 in 1979, and references to other sections within provisions revised as necessary by the Revisors to reflect their transfer; P.A. 84-10 amended Subsec. (c) by authorizing a court to place a child who is a member of a family with service needs on vocational probation if certain findings are made; P.A. 84-389 amended Subsec. (b) by adding provision that prior to making commitment, court shall consult with department to determine placement in best interests of child and amended Subsec. (d) by deleting references to commitment to any institution, person or agency other than the department of children and youth services; P.A. 89-273 amended Subsec. (e) to delete reference to a “mandatory” transfer hearing to conform to changes made by act to Sec. 46b-126; P.A. 89-390 amended Subsec. (a) by authorizing the court to order the child to participate in a wilderness school program operated by the department of children and youth services; P.A. 90-161 added provision in Subsec. (a) permitting the court, as a condition of probation, to order the child to participate in a program of periodic drug testing and treatment; P.A. 90-240 deleted the term “defective delinquents”; P.A. 90-325 changed effective date of P.A. 90-240 from July 1, 1990, to July 1, 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 94-136 amended Subsec. (a) by authorizing the court to order the child to participate in an alternative incarceration program; P.A. 94-221 amended Subsec. (a) to provide for participation in a youth service bureau program and expanded the list of possible conditions of probation to include attendance at school and class on a regular basis and compliance with school policies on student conduct and discipline; P.A. 95-225 added a new Subsec. (a) re factors the court shall consider in determining the appropriate disposition of a child convicted as delinquent, designated provisions of former Subsec. (a) re disposition alternatives as Subsec. (b) and amended said Subsec. to replace the provision authorizing the court to “adjudge” a child delinquent and take one of the enumerated actions “if it finds that the child is delinquent and needs the care, discipline or protection of the state” with provision authorizing the court to take one of the enumerated actions “Upon conviction of the child as delinquent”, insert Subdiv. indicators and add Subdiv. (6) re restitution and Subdiv. (7) re community service, designated provisions of former Subsec. (a) authorizing the court to order as a condition of probation school attendance or drug testing or treatment as Subsec. (c) and amended said Subsec. to include “alcohol” testing and treatment, deleted provisions of former Subsec. (a) authorizing the court to order the child to do work of which he is capable in public buildings and on public property or make restitution of the fruits of his offense or make restitution in an amount he can afford to pay or provide in a suitable manner for the loss or damage caused thereby provided the child and his parent or guardian accept such disposition, added new Subsec. (d) authorizing the court to order the child or the parent or parents or guardian of the child, or both, to make full or partial restitution to the victim of the offense, added new Subsec. (e) authorizing the court to order the child to participate in a program of community service, redesignated former Subsec. (b) as Subsec. (f), redesignated former Subsec. (c) as Subsec. (g) and amended said Subsec. to replace “adjudges” and “adjudged” with “convicts” and “convicted”, respectively, redesignated former Subsec. (d) as Subsec. (h), redesignated former Subsec. (e) as Subsec. (i) and amended said Subsec. to delete in Subdiv. (1) the maximum period of 6 months during which the child shall be placed out of his town of residence, delete former Subdiv. (2) that had required the court to impose a period of one year during which a child who had committed a serious juvenile offense and been subject to a transfer hearing shall be placed out of his town of residence, and redesignate former Subdiv. (3) as Subdiv. (2); P.A. 98-70 added new Subsec. (j) re access by Commissioner of Children and Families to educational records, treatment records, records of prior placement in residential facility and records of Judicial Department of child convicted as delinquent and committed to department; P.A. 98-256 amended Subsec. (b) to replace in Subdiv. (5) “order the child to remain in his own home or in the custody of a relative or any other fit person subject to the supervision of the probation officer” with “place the child on probation” and amended Subsec. (c) to specify the conditions of probation that a court may order by adding new Subdiv. (1) re place of residence, new Subdiv. (3) re refraining from violations of law, new Subdiv. (4) re medical or psychiatric evaluation or treatment, new Subdiv. (7) re restitution, new Subdiv. (8) re participation in alternative incarceration program, new Subdiv. (9) re participation in community service program and new Subdiv. (10) re satisfaction of other appropriate conditions and by redesignating former Subdiv. (1) re school attendance and compliance with school policies as Subdiv. (2) and by dividing former Subdiv. (2) re alcohol and drug testing and treatment into Subdiv. (5) re testing and Subdiv. (6) re treatment, and to add requirement that the court cause a copy of the order to be delivered to the child, the child's parents or guardian and the child's probation officer, amended Subsec. (g) to authorize the court to place on vocational probation a child who “would not benefit from continued school attendance” rather than a child who is “either mentally deficient or too educationally retarded to benefit from school attendance” and require the court to find that such employment would be “favorable to the child's welfare” rather than “more favorable to his welfare than commitment to an institution” and amended Subsec. (i) to make technical changes; P.A. 99-26 amended Subsec. (i) to authorize the court to set “a minimum period of 12 months during which the child shall be placed in a residential facility operated by or under contract with said department, as determined by the Commissioner of Children and Families” rather than “a period of time during which the Department of Children and Families shall place such child out of his town of residence at the commencement of such child's commitment” and to authorize a petition for “modification of any such order” rather than for “temporary modification of any such order not to extend or reduce the term of such placement”, added new Subsec. (j) re commitment and placement options for the sentencing court, placement options for the Commissioner of Children and Families and the use of a risk and needs assessment classification system by the commissioner, added Subsec. (k) re sight and sound separation of female offenders and prohibition on sharing of program activities, redesignated former Subsec. (j) as Subsec. (l) and made technical changes in Subsecs. (g) and (h) for purposes of gender neutrality, effective upon the filing with the Governor and the General Assembly of written certification by the Commissioner of Children and Families that the new Connecticut Juvenile Training School is operational (Revisor's note: Said written certification was filed with the Senate and House Clerks on September 20, 2001, and with the Governor on September 21, 2001); P.A. 01-211 amended Subsec. (d) to replace “full or partial restitution” with “restitution”; P.A. 02-132 amended Subsec. (c)(8) by replacing “Office of Alternative Sanctions” with “Court Support Services Division”; P.A. 03-208 amended Subsec. (c) to add provision authorizing the court to order counseling or participation in an animal cruelty prevention and education program as a condition of probation for a child convicted as delinquent for a violation of Sec. 53-247; P.A. 04-152 amended Subsec. (j) by adding references to “male” juvenile offenders and children and making a technical change and replaced former Subsec. (k) re female children committed to the Connecticut Juvenile Training School with new Subsec. (k) prohibiting female children from being placed in said school, effective May 21, 2004; June Sp. Sess. P.A. 07-4 amended Subsec. (b) to insert new Subdiv. (1) and Subparas. (A) to (H) designators, and insert new Subdiv. (2) re imposition of penalty established in Sec. 30-89(b), for any violation of said Subsec., effective January 1, 2010; Sept. Sp. Sess. P.A. 09-7 amended Subsec. (g) to delete “by the court” re convicted or adjudged, replace provisions re vocational probation for child 14 years of age or older with provisions re work-study program or employment with or without school attendance as a condition of probation or supervision, and make a technical change, effective January 1, 2010; P.A. 11-157 amended Subsecs. (g), (i) and (j) to add provisions re no commitment may be ordered or continued for child who has attained age of 20; June 12 Sp. Sess. P.A. 12-1 amended Subsec. (b) to delete former Subpara. (A) re placement of child in care of institution or agency and redesignate existing Subparas. (B) to (H) as Subparas. (A) to (G) in Subdiv. (1), and to make technical changes, effective July 1, 2012; Dec. Sp. Sess. P.A. 12-1 amended Subsec. (f) to delete requirement that court consult with department, prior to making commitment, to determine placement which will be in best interest of child, and amended Subsec. (j) to add “after consultation with said department, the court may order that the child” in Subdiv. (1) and to make a technical change, effective December 21, 2012, and applicable to commitments and orders entered on or after that date; P.A. 15-58 amended Subsec. (j) to replace “the Connecticut Juvenile Training School” with “an appropriate secure treatment setting” and make a technical change re risk and needs classification system use; P.A. 18-31 substantially amended Subsec. (a) including by adding new Subdiv. (1) re child's age, intellectual, cognitive and emotional development, redesignating existing Subdiv. (1) as Subdiv. (2) and amended same by replacing “the existence of aggravating factors such as the use of a firearm in the commission of the offense and” with “any aggravating or mitigating factors”, redesignating existing provision re impact of offense on victim as new Subdiv. (3), redesignating existing Subdivs. (2) and (3) as new Subdivs. (4) and (5), and deleting former Subdivs. (4) and (5), and adding Subdivs. (6) to (10), substantially amended Subsec. (b) including by replacing provisions re permissible court actions with new provisions re same, substantially amended Subsec. (c) including by replacing provisions re permissible court orders as condition of probation with provisions re permissible court orders as condition of probation supervision or probation supervision with residential placement, deleted former Subsecs. (f) to (l), added new Subsec. (f) re case review team meeting during period of probation supervision or probation supervision with residential placement, added new Subsec. (g) re child's placement on probation supervision with residential placement in secure or staff-secure facility, replaced references to conviction as delinquent with references to adjudication as delinquent, and made technical and conforming changes, effective July 1, 2018; P.A. 19-32 made technical changes in Subsec. (b).
Annotations to former section 17-68:
Cited. 162 C. 243.
Suspension of sentence and suspension of execution of a commitment distinguished; juvenile court has no power as to the latter. 19 CS 433. Cited. 26 CS 316.
Annotations to present section:
Cited. 199 C. 693; 204 C. 630; 206 C. 323; 207 C. 270; 211 C. 151.
Trial court did not have authority under section to both commit a juvenile to Department of Children and Families and order the juvenile placed in an out-of-state residential facility. 134 CA 29.
Former Subsec. (f):
Legislative amendment, together with legislative history, firmly establish that Subsec. does not authorize Superior Court to order out-of-state placement of child committed to custody of Department of Children and Families. 307 C. 640.
Under 2005 revision, adult individual who violated probation related to delinquency conviction rendered at age of 15 was properly committed to custody of Commissioner of Children and Families under Subsec. 52 CS 132.
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Sec. 46b-140a. Modification of conditions of probation supervision or probation supervision with residential placement. Violation of conditions. (a) At any time during the period of probation supervision or probation supervision with residential placement, after hearing and for good cause shown, the court may modify or enlarge the conditions, whether originally imposed by the court under this section or otherwise, and may extend the period of probation supervision or probation supervision with residential placement by not more than twelve months, for a total maximum supervision period not to exceed thirty months, as deemed appropriate by the court. The court shall cause a copy of any such order to be delivered to the child and to such child's parent or guardian and probation officer.
(b) During any period of probation supervision or probation supervision with residential placement the court may convene a probation status review hearing. A probation officer may file an ex parte request for a probation status review hearing with the clerk of the court, regardless of whether a new offense or violation has been filed. If the court finds that the ex parte request is in the child's or the public's best interest, the court may grant the ex-parte request and convene a probation status review hearing within seven days. The probation officer shall inform the child and parent or legal guardian of the scheduled court date and time. The child shall be represented by counsel at the hearing. If the child or the child's parents or guardian do not appear at the hearing, absent actual or in-hand service of the notice, the failure to appear at the hearing shall not be deemed wilful. The court may continue the hearing to a future date and order that the child and the child's parents or guardian be served with notice to appear in court in the manner prescribed by section 46b-128. By agreement of the parties or at the conclusion of an evidentiary hearing, the court may modify or enlarge the conditions of probation, and if appropriate, the court may order that the child be placed in a secure or staff-secure residential facility, provided no child shall be ordered to be placed in a secure or staff-secure residential facility unless such placement is indicated by the child's clinical and behavioral needs or the level of risk the child poses to public safety cannot be managed in a less restrictive setting.
(c) At any time during the period of probation supervision or probation supervision with residential placement, the court may issue an order to take into custody or a warrant for the arrest of a child for violation of any of the conditions of probation supervision or probation supervision with residential placement, or may issue a notice to appear to answer to a charge of such violation, which notice shall be personally served upon the child. Any such order or warrant shall authorize all officers named therein to return the child to the custody of the court or to any suitable juvenile residential center designated by the court in accordance with subsection (e) of section 46b-133.
(d) At any time during the period of probation supervision or probation supervision with residential placement, notwithstanding the provisions of subsection (c) of section 46b-133, the court, upon a finding of probable cause, may issue an order to detain any child who has absconded, escaped or run away from a residential facility in which such child has been placed by court order. Any such order to detain shall authorize all officers named in such order to return the child to any suitable juvenile residential center designated by the court. Such child shall be detained pending a hearing to be held on the next business day, which shall be held in accordance with the provisions of subsection (e) of section 46b-133.
(e) If a violation of probation supervision or probation supervision with residential placement is established, the court may continue or revoke the order of probation supervision or probation supervision with residential placement or modify or enlarge the conditions of probation supervision or probation supervision with residential placement in accordance with section 46b-140.
(P.A. 98-256, S. 8; P.A. 00-141, S. 5; P.A. 03-278, S. 98; June 12 Sp. Sess. P.A. 12-2, S. 96; P.A. 18-31, S. 37; P.A. 21-104, S. 31.)
History: P.A. 00-141 added Subsec. (e) providing that upon determination by court that child or youth has violated probation by failing to comply with electronic monitoring, court support services division shall notify local law enforcement agency of such violation; P.A. 03-278 made a technical change in Subsec. (e), effective July 9, 2003; June 12 Sp. Sess. P.A. 12-2 made a technical change in Subsec. (a); P.A. 18-31 amended Subsec. (a) by adding provision re extension to period of probation by not more than 12 months for total maximum supervision period not to exceed 30 months, substantially amended Subsec. (b) by replacing provisions re period of participation in alternative incarceration program with provisions re probation status review hearing during period of probation supervision or probation supervision with residential placement, amended Subsec. (c) by adding provision re court's authority to issue order to take into custody, and adding reference to Sec. 46b-133(e), added new Subsec. (d) re court's authority to issue order to detain child who absconded, escaped or run away from residential facility, redesignated existing Subsec. (d) as new Subsec. (e) and amended same by deleting provision re revocation of order of probation or suspended commitment, deleted former Subsec. (e) re Court Support Services Division to notify local law enforcement agency of violation of probation for failing to comply with requirements of electronic monitoring, deleted references to youth, replaced references to probation or suspended commitment with references to supervision or probation supervision with residential placement, and made technical and conforming changes, effective July 1, 2018; P.A. 21-104 amended Subsecs. (c) and (d) to replace “juvenile detention facility” with “juvenile residential center”, effective January 1, 2022.
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Secs. 46b-141 (Formerly Sec. 51-322) to 46b-141b. Length of commitments; motion for extension of commitment; permanency hearing; permanency plan; reopening and termination. Placement of delinquent child in alternative incarceration program. Probation treatment plan. Sections 46b-141 to 46b-141b are repealed, effective July 1, 2018.
(1949 Rev., S. 2814; 1955, S. 1579d; 1969, P.A. 664, S. 10; 1971, P.A. 151; P.A. 76-436, S. 31, 681; P.A. 79-581, S. 7; P.A. 81-472, S. 84, 159; P.A. 84-389, S. 2; P.A. 92-167, S. 1, 3; P.A. 93-91, S. 1, 2; P.A. 94-136, S. 3; P.A. 95-225, S. 5, 23, 24, 52; June Sp. Sess. P.A. 01-2, S. 34, 69: June Sp. Sess. P.A. 01-9, S. 129, 131; P.A. 02-132, S. 24, 25; P.A. 03-19, S. 108; P.A. 11-157, S. 17; P.A. 15-199, S. 4; P.A. 18-31, S. 43.)
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Sec. 46b-141c. Reimbursement of costs of probation supervision. The Judicial Department may require the parent or parents or guardian of any child who receives probation supervision to fully or partially reimburse the department for the costs of such child's supervision and may assess such person a monthly supervision fee for such purpose. If the department finds that the parents or guardian are indigent and unable to pay a probation supervision fee, it shall waive such fee.
(P.A. 95-225, S. 46.)
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Sec. 46b-141d. Credit for presentence detention. Any child who is arrested and held in a juvenile residential center, an alternative residential center or a police station or courthouse lockup prior to the disposition of a juvenile matter shall, if subsequently adjudicated as delinquent by the Superior Court and sentenced to a period of probation supervision or probation supervision with residential placement, earn a reduction of such child's period of probation supervision or probation supervision with residential placement, including any extensions thereof, equal to the number of days that such child spent in such residential center or lockup.
(P.A. 04-234, S. 24; P.A. 18-31, S. 38; P.A. 21-104, S. 32.)
History: P.A. 04-234 effective June 8, 2004; P.A. 18-31 replaced “convicted” with “adjudicated” and added “supervision or probation supervision with residential placement”, effective July 1, 2018; P.A. 21-104 replaced “detention center” with “juvenile residential center” or “residential center”, effective January 1, 2022.
The plain language of section does not provide credit for predisposition detention when a juvenile offender is ordered committed to a period of confinement. 136 CA 373.
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Sec. 46b-142. (Formerly Sec. 51-323). Venue of petitions. Appeal to Appellate Court. Expedited hearing in termination of parental rights appeals. (a) The Chief Court Administrator, in consultation with the judges of the Superior Court, shall establish districts for the purpose of establishing venue in juvenile matters. All petitions concerning delinquent children shall be heard within the district where the delinquency is alleged to have occurred or where the child resides, in the discretion of the court. All other petitions shall be heard within the district where the child or youth resided at the time of the filing of the petition, but for the purposes of this section any child or youth born in any hospital or institution where the mother is confined at the time of birth shall be deemed to have residence in the district wherein such child's or youth's mother was living at the time of her admission to such hospital or institution.
(b) The Department of Children and Families, or any party at interest aggrieved by any final judgment or order of the court, may appeal to the Appellate Court in accordance with the provisions of section 52-263. The clerk in charge of such juvenile matters shall forthwith, after notice of any appeal, prepare and file with the clerk of the Appellate Court the certified copy of the record of the case from which such appeal has been taken. The name of the child or youth involved in any such appeal shall not appear on the record of the appeal, and the records and papers of any juvenile case filed in the Appellate Court shall be open for inspection only to persons having a proper interest therein and upon order of the court.
(c) Pending such appeal, the Superior Court may cause the child or youth to be detained in some suitable place as the court may direct, or may release the child or youth in the care of a parent, probation officer or other suitable person, and may require the appellant to enter into a bond or recognizance to the state, with surety or security conditioned that the child or youth shall appear before the Appellate Court and abide by the order and judgment.
(d) Notwithstanding subsections (a), (b) and (c) of this section, the Department of Children and Families, or any party to the action aggrieved by a final judgment in a termination of parental rights proceeding, shall be entitled to an expedited hearing before the Appellate Court. A final decision of the Appellate Court shall be issued as soon as practicable after the date on which the certified copy of the record of the case is filed with the clerk of the Appellate Court.
(1949 Rev., S. 2815; 1957, P.A. 651, S. 15; 1959, P.A. 531, S. 14; 1967, P.A. 252; 630, S. 11; 1969, P.A. 794, S. 16; P.A. 74-251, S. 15; P.A. 75-420, S. 4, 6; 75-567, S. 78, 80; 75-602, S. 10, 13; P.A. 76-436, S. 10a, 32, 681; P.A. 77-614, S. 521, 610; P.A. 78-379, S. 12, 27; June Sp. Sess. P.A. 83-29, S. 36, 82; P.A. 86-108; P.A. 93-91, S. 1, 2; P.A. 01-148, S. 2.)
History: 1959 act provided for appeals to family relations session created by the act and deleted requirement of one week's notice of hearing to parties; 1967 acts changed county to district as venue; 1969 act divided section into Subsecs., added provisions in Subsec. (b) re superior court review of juvenile court proceedings and its action either to dismiss petition or return case to juvenile court for disposition in accordance with its findings, re confidentiality of records and re privileged status of appeals, clarified notice requirements in Subsec. (d) and deleted detailed provisions re court-ordered investigations, re admissible evidence and re superior court's powers; P.A. 74-251 authorized giving of notice to welfare commissioner's designee in Subsec. (d); P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 75-567 made technical correction in Subsec. (a); P.A. 75-602 included youths in purview of section and included commissioner of children and youth services in notice requirement as of April 1, 1975; P.A. 76-436 transferred functions of juvenile court to superior court, thereby transferring appeals from superior court to supreme court, and added provisions re establishment of venue districts in Subsec. (a), effective July 1, 1978; P.A. 77-614 replaced commissioner of social services with commissioner of human resources, effective January 1, 1979; P.A. 78-379 deleted ten-day limit for appeals and provision granting appeals privileged status in Subsec. (b) and deleted Subsec. (d) re notice requirements; Sec. 17-70 temporarily renumbered as Sec. 51-323 and ultimately transferred to Sec. 46b-142 in 1979; June Sp. Sess. P.A. 83-29 deleted reference to supreme court and substituted appellate court in lieu thereof; P.A. 86-108 amended Subsec. (b) to authorize the department of children and youth services to appeal to the appellate court; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 01-148 made a technical change for purposes of gender neutrality in Subsec. (a) and added Subsec. (d) re expedited hearing before Appellate Court for party aggrieved by final judgment in termination of parental rights proceeding.
Annotations to former sections 17-70 and 51-323:
Cited. 158 C. 439; 162 C. 241; 165 C. 435; 168 C. 421.
Cited. 26 CS 316; 33 CS 100.
Annotations to present section:
Cited. 226 C. 497.
Cited. 43 CS 367.
Subsec. (b):
Cited. 177 C. 648. Commissioner is not entitled to appeal as a “party at interest”. 181 C. 292. Cited. 183 C. 11; 187 C. 431; 188 C. 259; Id., 557; 189 C. 58; Id., 66; Id., 276; 190 C. 310; Id., 428; Id., 715; 192 C. 254; 195 C. 303; Id., 344; 196 C. 18; 204 C. 630; 207 C. 270; Id., 725; 210 C. 157; Id., 435; 211 C. 151; Id., 289; 214 C. 454; 215 C. 31; Id., 277; 216 C. 563; 217 C. 459; 221 C. 109; 223 C. 492; Id., 557; 224 C. 263; 229 C. 345; Id., 691; 234 C. 194; 237 C. 364.
Cited. 1 CA 298; Id., 378; Id., 463; 2 CA 11; Id., 705; 3 CA 30; Id., 158; Id., 194; Id., 507; 4 CA 56; 6 CA 194; Id., 360; 8 CA 607; Id., 656; 9 CA 98; Id., 490; Id., 506; Id., 608; 10 CA 36; Id., 428; 11 CA 497; Id., 507; Id., 573; 12 CA 585; 13 CA 23; Id., 91; Id., 605; Id., 626; Id., 821; 14 CA 205; Id., 445; Id., 548; 15 CA 367; Id., 455; Id., 641; Id., 693; 17 CA 427; 18 CA 805; 19 CA 20; Id., 371; 20 CA 101; Id., 228; Id., 694; Id., 725; Id., 817; 21 CA 226; Id., 645; 22 CA 53; Id., 458; Id., 656; 23 CA 207; Id., 410; Id., 812; Id., 815; 24 CA 135; Id., 244; Id., 338; Id., 813; Id., 829; 25 CA 536; Id., 586; judgment reversed, see 223 C. 492; Id., 741; 26 CA 58; Id., 414; 27 CA 49; 28 CA 247; Id., 608; 29 CA 112; Id., 499; Id., 573; Id., 600; Id., 689; Id., 771; 30 CA 381; Id., 839; 31 CA 941; 32 CA 431; 33 CA 12; Id., 90; Id., 632; Id., 904; 34 CA 176; Id., 535; Id., 807; 35 CA 276; Id., 490; 36 CA 146; Id., 364; Id., 961; 38 CA 909; Id., 214; 39 CA 353; 40 CA 73; Id., 216; Id., 366; 42 CA 664; 44 CA 80; 45 CA 508; Id., 606; 46 CA 69; Id., 545; 47 CA 64.
Cited. 39 CS 35; Id., 490; Id., 514.
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Sec. 46b-143. (Formerly Sec. 51-324). Notice of appeal. The clerk in charge of juvenile matters shall note the time of filing an appeal from a juvenile matter and forthwith forward to the clerk of the Appellate Court a certified copy of the appeal and order made thereon. He shall also send a copy by registered or certified mail to the Commissioner of Social Services or to the Commissioner of Children and Families, to the petitioner upon whose application the proceedings in the Superior Court were instituted, unless he is the appellant, to any person or agency having custody of any child or youth who is a subject of the proceeding, and to all other interested persons as designated in the appeal; and if the addresses of any such persons do not appear in the appeal, he shall call the matter to the attention of a judge of the Superior Court who shall make such an order of notice as he deems advisable.
(1959, P.A. 531, S. 15; P.A. 74-251, S. 16; P.A. 75-420, S. 4, 6; 75-602, S. 11, 13; P.A. 76-436, S. 28, 681; P.A. 77-614, S. 521, 610; P.A. 78-280, S. 1, 127; June Sp. Sess. P.A. 83-29, S. 37, 82; P.A. 93-91, S. 1, 2; 93-262, S. 1, 87.)
History: P.A. 74-251 authorized welfare commissioner's designee to receive copy of appeal; P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 75-602 required that appeal copy be sent to person or agency having custody of a “youth” who is the subject of proceedings and authorized sending appeal copy to commissioner of children and youth services after April 1, 1975; P.A. 76-436 revised section to reflect transfer of juvenile court powers to superior court, thus requiring appeals to supreme, rather than superior court, effective July 1, 1978; P.A. 77-614 replaced commissioner of social services with commissioner of human resources, effective January 1, 1979; P.A. 78-280 deleted reference to counties; Sec. 17-70a temporarily renumbered as Sec. 51-324 and ultimately transferred to Sec. 46b-143 in 1979; June Sp. Sess. P.A. 83-29 deleted reference to supreme court and substituted appellate court in lieu thereof; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993.
Annotations to former section 17-70a:
Cited. 158 C. 439; 165 C. 435.
Annotation to present section:
Does not confer standing to take an appeal; clear purpose is to give notice of appeal already taken by a “party at interest”. 181 C. 292.
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Sec. 46b-144. (Formerly Sec. 51-325). Religious faith. Service of commitment process. In committing a child or youth to a custodial agency, other than such child's or youth's natural guardians, the court shall, as far as practicable, select as such agency some person of like faith to that of the parent or parents of the child or youth or some agency or institution governed by persons of such faith, unless such agency or institution is a state or municipal agency or institution. In the order of committal, the court shall designate some indifferent person to serve the commitment process, and such indifferent person may be accompanied by any suitable relative or friend of such child or youth. If the person designated to serve such commitment process is an officer, such officer shall not serve such commitment process while dressed in the uniform of any police officer, and no such officer shall, while serving any such commitment process, wear plainly displayed any police officer's badge.
(1949 Rev., S. 2816; P.A. 75-602, S. 12, 13; P.A. 00-99, S. 91, 154; P.A. 01-195, S. 39, 181.)
History: P.A. 75-602 added references to youths; Sec. 17-71 temporarily renumbered as Sec. 51-325 and ultimately transferred to Sec. 46b-144 in 1979; P.A. 00-99 deleted references to sheriffs, effective December 1, 2000; P.A. 01-195 made a technical change for purposes of gender neutrality, effective July 11, 2001.
Annotation to former section 17-71:
Cited. 132 C. 202.
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Sec. 46b-145. (Formerly Sec. 51-326). Prohibition on prosecution of child before regular criminal docket. Exceptions. No child shall be prosecuted for an offense before the regular criminal docket of the Superior Court except as provided in section 46b-127 and subsection (f) of section 46b-133c.
(1949 Rev., S. 2817; P.A. 76-436, S. 29, 681; P.A. 95-225, S. 26.)
History: P.A. 76-436 replaced juvenile court with superior court and added exception, effective July 1, 1978; Sec. 17-72 temporarily renumbered as Sec. 51-326 and ultimately transferred to Sec. 46b-145 in 1979, and references to other sections within provisions revised as necessary by the Revisors to reflect their transfer; P.A. 95-225 limited provisions to prosecutions before the “regular criminal docket” of the Superior Court, deleted provision that prohibited the adjudication of a child as delinquent being deemed a conviction of a crime, deleted reference to Sec. 46b-126, reflecting repeal of said section by same public act, and added exception for a prosecution as provided in Subsec. (f) of Sec. 46b-133c.
Annotations to former section 17-72:
Cited. 115 C. 592; 154 C. 644, 648; 156 C. 632.
Juvenile court commitment is not a criminal prosecution but is a civil inquiry. 19 CS 374.
Annotations to present section:
Cited. 195 C. 303; 206 C. 323; Id., 346; 210 C. 435; 211 C. 151; 229 C. 691.
Cited. 46 CA 545.
Cited. 43 CS 367.
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Sec. 46b-146. (Formerly Sec. 51-327). Erasure of police and court records. Whenever any child has been convicted as delinquent, has been adjudicated a member of a family with service needs or has signed a statement of responsibility admitting to having committed a delinquent act, and has subsequently been discharged from the supervision of the Superior Court or from the custody of the Department of Children and Families or from the care of any other institution or agency to whom the child has been committed by the court, such child, or the child's parent or guardian, may file a petition with the Superior Court. The Court Support Services Division shall provide written notice concerning the erasure of certain records to any such child and the child's parent or guardian when (1) such child is so discharged, and (2) upon such child's eighteenth birthday if such child was younger than eighteen years of age when so discharged. Such notice shall provide that such child, parent or guardian may petition the Superior Court for such erasure pursuant to this section. If, upon the filing of such petition, such court finds (A) (i) that at least two years or, in the case of a child convicted as delinquent for the commission of a serious juvenile offense, four years have elapsed from the date of such discharge, (ii) that no subsequent juvenile proceeding or adult criminal proceeding is pending against such child, (iii) that such child has not been convicted of a delinquent act that would constitute a felony or misdemeanor if committed by an adult during such two-year or four-year period, (iv) that such child has not been convicted as an adult of a felony or misdemeanor during such two-year or four-year period, and (v) that such child has reached eighteen years of age, or (B) that such child has a criminal record as a result of being a victim of conduct by another person that constitutes a violation of section 53a-192a or a criminal violation of 18 USC Chapter 77, the court shall order all police and court records pertaining to such child to be erased. Upon the entry of such an erasure order, all references including arrest, complaint, referrals, petitions, reports and orders, shall be removed from all agency, official and institutional files, and a finding of delinquency or that the child was a member of a family with service needs shall be deemed never to have occurred. The persons in charge of such records shall not disclose to any person information pertaining to the record so erased, except that the fact of such erasure may be substantiated where, in the opinion of the court, it is in the best interests of such child to do so. No child who has been the subject of such an erasure order shall be deemed to have been arrested ab initio, within the meaning of the general statutes, with respect to proceedings so erased. Copies of the erasure order shall be sent to all persons, agencies, officials or institutions known to have information pertaining to the delinquency or family with service needs proceedings affecting such child. Whenever a child is dismissed as not delinquent or as not being a member of a family with service needs, all police and court records pertaining to such charge shall be ordered erased immediately, without the filing of a petition. Nothing in this section shall prohibit the court from granting a petition to erase a child's records on a showing of good cause, after a hearing, before the time when such records could be erased.
(1969, P.A. 794, S. 4; 1971, P.A. 204; P.A. 76-436, S. 30, 681; P.A. 77-452, S. 25, 72; P.A. 89-273, S. 6; P.A. 93-91, S. 1, 2; P.A. 95-225, S. 27; P.A. 98-256, S. 7; June Sp. Sess. P.A. 07-4, S. 80; Sept. Sp. Sess. P.A. 09-7, S. 77, 88; P.A. 15-195, S. 3; P.A. 21-174, S. 9.)
History: 1971 act made special provision requiring that records be erased immediately when child is dismissed as not delinquent, where previously same provisions applied for dismissal or adjudication as delinquent and added exception re substantiation of erasure; P.A. 76-436 replaced juvenile court with superior court and specified that erasure occurs if child has not been found guilty of a crime and he has reached age 16 within two years after his discharge, effective July 1, 1978; P.A. 77-452 made no changes; Sec. 17-72a temporarily renumbered as Sec. 51-327 and ultimately transferred to Sec. 46b-146 in 1979; P.A. 89-273 made provisions of section applicable to a child who is a member of a family with service needs; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 95-225 increased from two years to four years the period of time that must elapse from the date of discharge; P.A. 98-256 specified that provision requiring four years to elapse from the date of discharge prior to erasure applied “in the case of a child convicted as delinquent for the commission of a serious juvenile offense” and established a period of two years for all other cases; June Sp. Sess. P.A. 07-4 added “or has signed a statement of responsibility admitting to having committed a delinquent act or being a member of a family with service needs”, inserted “to be” re found delinquent and made technical changes, effective January 1, 2010; Sept. Sp. Sess. P.A. 09-7 substituted “convicted as delinquent” and “has been adjudicated a member of a family with service needs” for “found to be” delinquent or a member of a family with service needs, deleted provision re signed statement of responsibility re being a member of a family with service needs, inserted Subdiv. designators (1) to (3) and (5), amended Subdiv. (2) to substitute “juvenile proceeding or adult criminal proceeding is pending” for “juvenile proceeding has been instituted”, amended Subdiv. (3) to replace “found guilty of a crime” with provisions re conviction of delinquent act that would constitute a felony or misdemeanor if committed by adult during 2 or 4-year period, inserted Subdiv. (4) re child who has not been convicted as an adult of a felony or misdemeanor during 2 or 4-year period, amended Subdiv. (5) to substitute “reached seventeen years of age, the court” for “reached sixteen years of age within such period, it”, and added provision re nothing in section shall prohibit court from granting petition to erase child's records on showing of good cause before time when records could be erased, effective January 1, 2010, and further amended Subdiv. (5) to substitute “eighteen years of age” for “seventeen years of age”, effective July 1, 2012; P.A. 15-195 redesignated existing Subdivs. (1) to (5) as Subdiv. (1)(A) to (E) and added new Subdiv. (2) re erasure of police and court records if child has a criminal record as a result of conduct by another that constitutes a violation of Sec. 53a-192a or a criminal violation of 18 USC Chapter 77; P.A. 21-174 added language re provision of written notice re petitioning for erasure as part of new Subdivs. (1) and (2), redesignated existing Subdivs. (1)(A) to (1)(C) as Subdivs. (2)(A)(i) to (2)(A)(v) and redesignated existing Subdiv. (2) as Subdiv. (2)(B).
Cited. 206 C. 346; 214 C. 454; 229 C. 691; 237 C. 364.
Cited. 1 CA 584; 21 CA 654.
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Sec. 46b-147. (Formerly Sec. 51-328). Proceedings inadmissible as evidence in criminal proceedings. The disposition of any child under the provisions of this chapter, evidence given in such cases, except evidence of crime which, if committed by a person of sufficient age, would be punishable by imprisonment in the Connecticut Correctional Institution, Somers, and all orders therein, shall be inadmissible as evidence in any criminal proceedings against such child.
(1949 Rev., S. 2818.)
History: Sec. 17-73 temporarily renumbered as Sec. 51-328 and ultimately transferred to Sec. 46b-147 in 1979.
Annotation to former section 17-73:
Cited. 115 C. 592.
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Sec. 46b-147a. Reports on cases of children charged with serious juvenile offenses. Section 46b-147a is repealed, effective October 1, 2017.
(P.A. 89-273, S. 10; P.A. 17-99, S. 51; P.A. 18-31, S. 43.)
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Sec. 46b-148. (Formerly Sec. 51-329). Child from family with service needs not to be held in juvenile residential center or convicted as delinquent for violation of court order re future conduct. Court determination re placement or commitment of child from family with service needs. (a) Notwithstanding any provision of this chapter: (1) No child who has been adjudicated as a child from a family with service needs in accordance with section 46b-149 may be processed or held in a juvenile residential center as a delinquent child, or be convicted as delinquent, solely for the violation of a valid order which regulates future conduct of the child that was issued by the court following such an adjudication; and (2) no such child who is found to be in violation of any such order may be punished for such violation by placement in any juvenile residential center.
(b) In entering any order that directs or authorizes placement or commitment of a child who has been adjudicated as a child from a family with service needs in accordance with section 46b-149, the court shall make a determination that there is no less restrictive alternative appropriate to the needs of such child and the community.
(1949 Rev., S. 2819; P.A. 76-436, S. 33, 681; P.A. 82-335; P.A. 85-226, S. 2; P.A. 89-273, S. 7; P.A. 98-183, S. 4; P.A. 02-132, S. 26; P.A. 05-250, S. 2; P.A. 08-86, S. 1; P.A. 21-104, S. 33.)
History: P.A. 76-436 specified applicability to enforcement of orders “in connection with any juvenile matter”, effective July 1, 1978; Sec. 17-74 temporarily renumbered as Sec. 51-329 and ultimately transferred to Sec. 46b-148 in 1979; P.A. 82-335 added Subsecs. (b) to (d) to provide procedure for enforcement of court order violated by child of family with service needs, including petition, summons, custody, bail, release, hearing and detention; P.A. 85-226 amended Subsec. (b) by adding provision re processing child as delinquent who violates valid court order which regulates future conduct of the child and deleted former Subsecs. (c) and (d) re procedures for taking custody of child and time limits for holding child in detention; P.A. 89-273 deleted Subsec. (a) re the authority of the court to enforce its orders in connection with any juvenile matter and reenacted such provision as part of Sec. 46b-121, and made a technical change in remaining provisions; P.A. 98-183 deleted “disposition of placement in a state-operated detention facility, Long Lane School or any other secure facility” and substituted “placement in a facility under the auspices of the Office of Alternative Sanctions or commitment to the Department of Children and Families”; P.A. 02-132 replaced “Office of Alternative Sanctions” with “Court Support Services Division”; P.A. 05-250 replaced former provisions with Subsec. (a) prohibiting child of family with service needs from being held in detention or convicted as delinquent solely for violation of court order and Subsec. (b) re determination to be made by court in entering placement or commitment order for such child, effective October 1, 2007; P.A. 08-86 substituted child “adjudicated as a child from a family with service needs” for child “whose family has been adjudicated as a family with service needs” and, in Subsec. (a)(2), substituted “placement in” for “commitment to” re juvenile detention center; P.A. 21-104 amended Subsec. (a) to replace “juvenile detention center” with “juvenile residential center”, effective January 1, 2022.
Annotation to former section 17-74:
Juvenile court may make appropriate orders for support of children and punish for contempt. 19 CS 371.
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Sec. 46b-149. Child from family with service needs. Complaint. Review by probation officer. Referral for services. Procedure. Hearing. Order. Modification of conditions. Permanency plan and hearing. (a) The provisions of this section in effect on June 30, 2020, revision of 1958, revised to January 1, 2019, shall be applicable to any petition filed in accordance with such provisions on or before June 30, 2020.
(b) A petition alleging that a child is from a family with service needs shall be verified and filed with the Superior Court which has venue over the matter. The petition shall set forth plainly: (1) The facts which bring the child within the jurisdiction of the court; (2) the name, date of birth, sex and residence of the child; (3) the name and residence of the child's parent or parents, guardian or other person having control of the child; and (4) a prayer for appropriate action by the court in conformity with the provisions of this section.
(c) When a petition is filed under subsection (b) of this section, the court may issue a summons to the child and the child's parents, guardian or other person having control of the child to appear in court at a specified time and place. The summons shall be signed by a judge or by the clerk or assistant clerk of the court, and a copy of the petition shall be attached to it. Whenever it appears to the judge that orders addressed to an adult, as set forth in section 46b-121, are necessary for the welfare of such child, a similar summons shall be issued and served upon such adult if he or she is not already in court. Service of summons shall be made in accordance with section 46b-128. The court may punish for contempt, as provided in section 46b-121, any parent, guardian or other person so summoned who fails to appear in court at the time and place so specified.
(d) If it appears from the allegations of a petition or other sworn affirmations that there is: (1) A strong probability that the child may do something that is injurious to himself prior to court disposition; (2) a strong probability that the child will run away prior to the hearing; or (3) a need to hold the child for another jurisdiction, a judge may vest temporary custody of such child in some suitable person or agency. No nondelinquent juvenile runaway from another state may be held in a state-operated detention home in accordance with the provisions of section 46b-151h, the Interstate Compact for Juveniles. A hearing on temporary custody shall be held not later than ten days after the date on which a judge signs an order of temporary custody. Following such hearing, the judge may order that the child's temporary custody continue to be vested in some suitable person or agency. Any expenses of temporary custody shall be paid in the same manner as provided in subsection (b) of section 46b-129.
(e) If a petition is filed under subsection (b) of this section and it appears that the interests of the child or the family may be best served, prior to adjudication, by a referral to community-based or other services, the judge may permit the matter to be continued for a reasonable period of time not to exceed six months, which time period may be extended by an additional three months for cause. If it appears at the conclusion of the continuance that the matter has been satisfactorily resolved, the judge may dismiss the petition.
(f) If the court finds, based on clear and convincing evidence, that a child is from a family with service needs, the court may, in addition to issuing any orders under section 46b-121: (1) Refer the child to the Department of Children and Families for any voluntary services provided by the department; (2) order the child to remain in the child's own home or in the custody of a relative or any other suitable person subject to the supervision of a probation officer; (3) if the child is from a family with service needs as a result of the child engaging in sexual intercourse with another person and such other person is thirteen years of age or older and not more than two years older or younger than such child, (A) refer the child to a youth service bureau or other appropriate service agency for participation in a program such as a teen pregnancy program or a sexually transmitted disease program, and (B) require such child to perform community service such as service in a hospital, an AIDS prevention program or an obstetrical and gynecological program; or (4) upon a finding that there is no less restrictive alternative, commit the child to the care and custody of the Commissioner of Children and Families for an indefinite period not to exceed eighteen months. The child shall be entitled to representation by counsel and an evidentiary hearing. If the court issues any order which regulates future conduct of the child, parent or guardian, the child, parent or guardian shall receive adequate and fair warning of the consequences of violation of the order at the time it is issued, and such warning shall be provided to the child, parent or guardian, to his or her attorney and to his or her legal guardian in writing and shall be reflected in the court record and proceedings.
(g) At any time during the period of supervision, after hearing and for good cause shown, the court may modify or enlarge the conditions, whether originally imposed by the court under this section or otherwise, as deemed appropriate by the court. The court shall cause a copy of any such orders to be delivered to the child and to such child's parent or guardian and probation officer.
(h) (1) The Commissioner of Children and Families may file a motion for an extension of a commitment under this section on the grounds that an extension would be in the best interest of the child. The court shall give notice to the child and the child's parent or guardian at least fourteen days prior to the hearing upon such motion. The court may, after hearing and upon finding that such extension is in the best interest of the child and that there is no suitable less restrictive alternative, continue the commitment for an additional indefinite period of not more than eighteen months. (2) The Commissioner of Children and Families may at any time file a motion to discharge a child committed under this section, and any child committed to the commissioner under this section, or the parent or guardian of such child, may at any time but not more often than once every six months file a motion to revoke such commitment. The court shall notify the child, the child's parent or guardian and the commissioner of any motion filed under this subsection, and of the time when a hearing on such motion will be held. Any order of the court made under this subsection shall be deemed a final order for purposes of appeal, except that no bond shall be required and no costs shall be taxed on such appeal. (3) Not later than twelve months after a child is committed to the Commissioner of Children and Families in accordance with subdivision (4) of subsection (f) of this section or section 46b-149f, the court shall hold a permanency hearing in accordance with subsection (i) of this section. After the initial permanency hearing, subsequent permanency hearings shall be held at least once every twelve months while the child remains committed to the Commissioner of Children and Families.
(i) At least sixty days prior to each permanency hearing required under subsection (h) of this section, the Commissioner of Children and Families shall file a permanency plan with the court. At each permanency hearing, the court shall review and approve a permanency plan that is in the best interests of the child and takes into consideration the child's need for permanency. Such permanency plan may include the goal of: (1) Revocation of commitment and subsequent placement of the child with the parent or guardian, (2) transfer of guardianship, (3) permanent placement with a relative, (4) adoption, or (5) any other planned permanent living arrangement ordered by the court, provided the Commissioner of Children and Families has documented a compelling reason why it would not be in the best interest of the child for the permanency plan to include the goals set forth in subdivisions (1) to (4), inclusive, of this subsection. Such other planned permanent living arrangement may include, but not be limited to, placement of the child in an independent living program. At any such permanency hearing, the court shall also determine whether the Commissioner of Children and Families has made reasonable efforts to achieve the goals in the permanency plan.
(P.A. 79-567, S. 3, 7; P.A. 80-401, S. 1, 4; P.A. 85-226, S. 3; P.A. 88-214, S. 1, 4; P.A. 89-273, S. 8; P.A. 90-240, S. 3, 6; 90-325, S. 19, 32; P.A. 91-303, S. 12, 22; P.A. 92-167, S. 2, 3; P.A. 93-91, S. 1, 2; 93-340, S. 17; 93-435, S. 26, 95; May 25 Sp. Sess. P.A. 94-1, S. 94, 130; P.A. 95-339, S. 6, 8; P.A. 96-178, S. 11, 18; P.A. 98-183, S. 5; P.A. 03-255, S. 4; June Sp. Sess. P.A. 07-4, S. 30; P.A. 08-86, S. 2; P.A. 10-32, S. 141; June Sp. Sess. P.A. 17-2, S. 145; P.A. 19-187, S. 9.)
History: P.A. 80-401 changed applicable date in Subsec. (e) from August 1, 1980, to July 1, 1981, and added exception re detention of nondelinquent juvenile runaways from other states and deleted court's power to order child to do work in public buildings and on public properties in Subsec. (g), effective July 1, 1981; P.A. 85-226 amended Subsec. (g) by adding provision re adequate and fair warning to child of consequences of violation of order; P.A. 88-214 amended Subsec. (e) by providing that no delinquent juvenile runaway from another state may be held in a state-operated detention home, where previously such detention was permissible; P.A. 89-273 inserted a new Subsec. (e) re the performance of an educational evaluation of a habitually truant child and redesignated the remaining Subsecs. accordingly; P.A. 90-240 in Subsec. (b) provided that certain complaints not be insufficient because of the month in which they are filed, in Subsec. (d) provided that certain petitions not be dismissed because of the month in which they are filed, in Subsec. (c) required the court to order private schools to do and pay for educational evaluations for certain children and in Subsec. (h) provided for the referral of certain children to school authorities in Subdiv. (1) and in Subdiv. (2) provided for certain children to be subject to the supervision of a probation officer and school authorities; P.A. 90-325 changed effective date of P.A. 90-240 from July 1, 1990, to July 1, 1991; P.A. 91-303 in Subsec. (h)(1) added referral to community agencies providing child and family services; P.A. 92-167 amended Subsec. (h) by substituting “eighteen months” for “two years”; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-340 added Subsec. (h)(4) re judicial dispositions authorized when the child has engaged in sexual intercourse with another person within a certain age range; P.A. 93-435 amended Subsec. (i)(1) by reducing the time for an additional commitment period from 24 to 18 months and made technical changes, effective June 28, 1993; May 25 Sp. Sess. P.A. 94-1 amended Subsec. (h) by making technical change, effective July 1, 1994; P.A. 95-339 amended Subsec. (a) to substitute agencies sanctioned by Commissioner of Education for agencies sanctioned by Commissioner of Children and Families, effective July 1, 1995; P.A. 96-178 amended Subsec. (a) to add “approved or licensed by the Commissioner of Children and Families” after “child-caring institution or agency” and deleted “approved or licensed by the Commissioner of Education” after “youth service bureau”, effective July 1, 1996; P.A. 98-183 amended Subsec. (d) by adding provision re punishment for contempt of any parent, guardian or other person who fails to appear in court, amended Subsec. (f) to delete obsolete provisions re state-operated detention homes and amended Subsec. (h) to add references to conduct of parent or guardian; P.A. 03-255 amended Subsec. (f) to replace reference to “sections 46b-151 to 46b-151g, inclusive, Interstate Compact on Juveniles” with reference to “section 46b-151h, the Interstate Compact for Juveniles”, effective July 1, 2004, or upon enactment of the Interstate Compact for Juveniles by thirty-five jurisdictions, whichever is later; Illinois became the thirty-fifth enacting jurisdiction on August 26, 2008; June Sp. Sess. P.A. 07-4 amended Subsec. (b) by replacing former provisions re referral with consent to service provider with provisions re assessment and referral to service provider or family support center for voluntary services and deleting former provisions re right of complainant to file a petition, amended Subsec. (g) by adding reference to petition filed under Subsec. (c) and replacing provision re continuance for period not to exceed 3 months with provision re continuance for reasonable period of time not to exceed 6 months and permitting extension thereof by an additional 3 months for cause, amended Subsec. (h) by adding provisions re commitment of child upon finding that there is no less restrictive alternative and re child's right to representation by counsel and an evidentiary hearing, amended Subsec. (i)(1) by adding provision re extension of commitment upon finding that there is no suitable less restrictive alternative and made technical changes throughout section; P.A. 08-86 amended references to child from a family with service needs, inserted new Subsec. (i) re court power to modify or enlarge conditions any time during supervision, redesignated existing Subsec. (i) as Subsec. (j) and amended same to substitute “motion” for “petition” and add Subdiv. (3) re permanency hearings, added Subsec. (k) re permanency hearing and filing and review of permanency plan, and made technical changes; P.A. 10-32 made a technical change in Subsec. (h), effective May 10, 2010; June Sp. Sess. P.A. 17-2 amended Subsec. (a) to replace provisions re filing written complaint re child from family with service needs with provisions re section in effect June 30, 2019 applicable to petition filed on or before June 30, 2019, deleted former Subsec. (b) re complaint filed under Subsec. (a), redesignated existing Subsec. (c) as new Subsec. (b), redesignated existing Subsec. (d) as new Subsec. (c) and amended same to delete provision re petition alleging child is from family with service needs because child is truant or habitual truant, deleted former Subsec. (e) re petition alleging child is from family with service needs because child has been habitually truant, redesignated existing Subsecs. (f) to (k) as new Subsecs. (g) to (i), and made conforming changes, effective July 1, 2019; P.A. 19-187 amended Subsec. (a) by replacing “June 30, 2019” with “June 30, 2020”, effective July 1, 2019.
See Sec. 46b-129c re court appointed special advocate.
Cited. 36 CA 146.
Cited. 39 CS 35.
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Sec. 46b-149a. Duties of police officer re child of family with service needs. (a) Any police officer who receives a report from the parent or guardian of a child that such child is a member of a family with service needs, as defined in section 46b-120, shall promptly attempt to locate the child. If the officer locates such child, or any child he believes has run away from his parent or guardian's home without permission, or any nondelinquent juvenile runaway from another state, he shall report the location of the child to the parent or guardian, and may respond in one of the following ways: (1) He may transport the child to the home of the child's parent or guardian or any other person; (2) he may refer the child to the superior court for juvenile matters in the district where the child is located; (3) he may hold the child in protective custody for a maximum period of twelve hours until the officer can determine a more suitable disposition of the matter, provided (A) the child is not held in any locked room or cell and (B) the officer may release the child at any time without taking further action; or (4) he may transport or refer a child to any public or private agency serving children, with or without the agreement of the child. If a child is transported or referred to an agency pursuant to this section, such agency may provide services to the child unless or until the child's parent or guardian at any time refuses to agree to those services. Such agency shall be immune from any liability, civil or criminal, which might otherwise be incurred or imposed; provided such services are provided in good faith and in a nonnegligent manner.
(b) Any police officer acting in accordance with the provisions of this section shall be deemed to be acting in the course of his official duties.
(P.A. 79-567, S. 6, 7; P.A. 80-401, S. 2, 4; P.A. 88-214, S. 2, 4; P.A. 89-273, S. 9; P.A. 98-183, S. 6.)
History: P.A. 80-401 deleted Subdiv. (1) authorizing officer to decline to take further action and terminate investigation, renumbering remaining Subdivs. accordingly, changed applicable date in Subdiv. (2), formerly (3), from August 1, 1980, to July 1, 1981 and added exception re nondelinquent juvenile runaways from other states, substituted “hold” for “allow to remain” in Subdiv. (3) and revised Subdiv. (4) to specify that transport or referral to agency need not be agreed to by child where previously child's agreement was necessary, in Subsec. (a), effective July 1, 1981; P.A. 88-214 amended Subsec. (a) to apply provisions to nondelinquent juveniles from other states, deleting prior provision allowing the detention of such nondelinquent juveniles in accordance with interstate compact on juveniles, and added provision prohibiting holding a child in a locked room or cell; P.A. 89-273 amended Subsec. (a) to increase from 6 to 12 hours the maximum period that a police officer may hold a child in protective custody; P.A. 98-183 made technical changes in Subsec. (a).
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Sec. 46b-149b. Immunity of police officer or municipal official from personal liability. Any police officer or any official of a municipal or community agency, who in the course of such police officer's or official's employment under subsection (d) of section 17a-15 or section 46b-120, 46b-121, 46b-149 or 46b-149a provides assistance to a child or a family in need thereof, shall not be liable to such child or such family for civil damages for any personal injuries which result from the voluntary termination of service by the child or the family.
(P.A. 80-401, S. 3; P.A. 02-109, S. 4; P.A. 03-257, S. 4; June Sp. Sess. P.A. 07-4, S. 82.)
History: P.A. 02-109 extended provisions to employment under Secs. 46b-150f and 46b-150g; P.A. 03-257 designated existing provisions as Subsec. (a), making a technical change therein, and added Subsec. (b) re protocol for intervention and assistance in matters involving youths in crisis; June Sp. Sess. P.A. 07-4 deleted former Subsec. (b) re protocol for youth in crisis, deleted Subsec. (a) designator and deleted references to Secs. 46b-150f and 46b-150g, effective January 1, 2010.
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Sec. 46b-149c. Truancy and other family with service needs cases. Duties of Judicial Branch. With respect to truancy and other family with service needs cases, the Judicial Branch shall:
(1) Coordinate programs and services with other state agencies;
(2) Establish protocols in cooperation with the Office of Policy and Management, the Department of Children and Families and the Department of Education for referral to community-based intervention programs prior to referral of a case to the superior court for juvenile matters;
(3) Develop and use procedures to evaluate the risk and service needs of children whose cases have been referred to the superior court for juvenile matters; and
(4) Collaborate with community-based programs.
(P.A. 98-183, S. 1.)
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Sec. 46b-149d. Demonstration project to establish school and community-based truancy prevention initiative. Sites. Grant eligibility. Establishment of truancy or family with service needs docket. Duties of Court Support Services Division. Section 46b-149d is repealed, effective July 1, 2005.
(P.A. 98-183, S. 2; P.A. 02-132, S. 27; P.A. 03-278, S. 99; June Sp. Sess. P.A. 05-3, S. 117.)
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Sec. 46b-149e. Family support centers. (a) For the purposes of this section, “family support center” means a community-based service center for children and families against whom a complaint has been filed with the Superior Court under section 46b-149 that provides multiple services, or access to such services, for the purpose of preventing such children and families from having further involvement with the court as families with service needs.
(b) The Court Support Services Division shall contract with one or more private providers, or with one or more youth service bureaus, or both, to develop a network of family support centers. Each family support center shall provide, or ensure access to, appropriate services that shall include, but not be limited to, screening and assessment, crisis intervention, family mediation, educational evaluations and advocacy, mental health treatment and services, including gender specific trauma treatment and services, resiliency skills building, access to positive social activities, short-term respite care and access to services available to children in the juvenile justice system. The Court Support Services Division shall conduct an independent evaluation of each family support center to measure the quality of the services delivered and the outcomes for the children and families served by such center.
(June Sp. Sess. P.A. 07-4, S. 31.)
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Sec. 46b-149f. Child from family with service needs who violates valid court order or is in imminent risk of physical harm. Petition. Hearing. Order. (a) When a child who has been adjudicated as a child from a family with service needs pursuant to a petition filed on or before June 30, 2020, in accordance with section 46b-149, violates any valid order which regulates future conduct of the child made by the court following such an adjudication, a probation officer, on receipt of a complaint setting forth facts alleging such a violation, or on the probation officer's own motion on the basis of his or her knowledge of such a violation, may file a petition with the court alleging that the child has violated a valid court order and setting forth the facts claimed to constitute such a violation. Service shall be made in the same manner as set forth for a summons in subsection (c) of section 46b-149. The child shall be entitled to representation by counsel and an evidentiary hearing on the allegations contained in the petition. If the court finds, by clear and convincing evidence, that the child has violated a valid court order, the court may (1) order the child to remain in such child's home or in the custody of a relative or any other suitable person, subject to the supervision of a probation officer or an existing commitment to the Commissioner of Children and Families, (2) upon a finding that there is no less restrictive alternative appropriate to the needs of the child and the community, enter an order that directs or authorizes a peace officer or other appropriate person to place the child in a staff-secure facility under the auspices of the Court Support Services Division for a period not to exceed forty-five days, with court review every fifteen days to consider whether continued placement is appropriate, at the end of which period the child shall be returned to the community and may be subject to the supervision of a probation officer, or (3) order that the child be committed to the care and custody of the Commissioner of Children and Families for a period not to exceed eighteen months and that the child cooperate in such care and custody.
(b) When a child who has been adjudicated as a child from a family with service needs pursuant to a petition filed on or before June 30, 2020, in accordance with section 46b-149 is under an order of supervision or an order of commitment to the Commissioner of Children and Families and believed to be in imminent risk of physical harm from the child's surroundings or other circumstances, a probation officer, on receipt of a complaint setting forth facts alleging such risk, or on the probation officer's own motion on the basis of his or her knowledge of such risk, may file a petition with the court alleging that the child is in imminent risk of physical harm and setting forth the facts claimed to constitute such risk. Service shall be made in the same manner as set forth for a summons in subsection (c) of section 46b-149. If it appears from the specific allegations of the petition and other verified affirmations of fact accompanying the petition, or subsequent thereto, that there is probable cause to believe that (1) the child is in imminent risk of physical harm from the child's surroundings, (2) as a result of such condition, the child's safety is endangered and immediate removal from such surroundings is necessary to ensure the child's safety, and (3) there is no less restrictive alternative available, the court shall enter an order that directs or authorizes a peace officer or other appropriate person to place the child in a staff-secure facility under the auspices of the Court Support Services Division for a period not to exceed forty-five days, subject to subsection (c) of this section, with court review every fifteen days to consider whether continued placement is appropriate, at the end of which period the child shall either be (A) returned to the community for appropriate services, subject to the supervision of a probation officer or an existing commitment to the Commissioner of Children and Families, or (B) committed to the Department of Children and Families for a period not to exceed eighteen months if a hearing has been held and the court has found, based on clear and convincing evidence, that (i) the child is in imminent risk of physical harm from the child's surroundings, (ii) as a result of such condition, the child's safety is endangered and removal from such surroundings is necessary to ensure the child's safety, and (iii) there is no less restrictive alternative available. Any such child shall be entitled to the same procedural protections as are afforded to a delinquent child.
(c) No child shall be held prior to a hearing on a petition under this section for more than twenty-four hours, excluding Saturdays, Sundays and holidays. For the purposes of this section, “staff-secure facility” means a residential facility (1) that does not include construction features designed to physically restrict the movements and activities of juvenile residents who are placed therein, (2) that may establish reasonable rules restricting entrance to and egress from the facility, and (3) in which the movements and activities of individual juvenile residents may, for treatment purposes, be restricted or subject to control through the use of intensive staff supervision.
(June Sp. Sess. P.A. 07-4, S. 32; P.A. 08-86, S. 3; June Sp. Sess. P.A. 17-2, S. 148; P.A. 19-187, S. 10.)
History: P.A. 08-86 amended references to child from a family with service needs and added provisions re manner of service and court finding by clear and convincing evidence, amended Subsec. (a)(1) to add provision re order to remain in an existing commitment to commissioner, amended Subsec. (b) to apply to child who has been under order of supervision or commitment to commissioner, substitute “in imminent risk” for “at risk of immediate” re physical harm, add provision re peace officer or other appropriate person, add “subject to” Subsec. (c), add provision re child being subject to supervision or existing commitment to commissioner, and add provisions re findings after hearing based on clear and convincing evidence, and made technical changes; June Sp. Sess. P.A. 17-2 amended Subsecs. (a) and (b) to add provisions re petition filed on or before June 30, 2019, and replace reference to Sec. 46b-149(d) with reference to Sec. 46b-149(c), effective July 1, 2019; P.A. 19-187 amended Subsecs. (a) and (b) by replacing “June 30, 2019” with “June 30, 2020”, effective July 1, 2019.
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Sec. 46b-150. Emancipation of minor. Procedure. Notice. Attorney General as party. Any minor who has reached such minor's sixteenth birthday and is residing in this state, or any parent or guardian of such minor, may petition the superior court for juvenile matters or the Probate Court for the district in which either the minor or the parents or guardian of such minor resides for a determination that the minor named in the petition be emancipated. The petition shall be verified and shall state plainly: (1) The facts which bring the minor within the jurisdiction of the court, (2) the name, date of birth, sex and residence of the minor, (3) the name and residence of the minor's parent, parents or guardian, and (4) the name of the petitioner and the petitioner's relationship to the minor. Upon the filing of the petition in the Superior Court, the court shall cause a summons to be issued to the minor and the minor's parent, parents or guardian, in the manner provided in section 46b-128. Service on an emancipation petition filed in the superior court for juvenile matters pursuant to this section shall not be required on the petitioning party. Upon the filing of the petition in the Probate Court, the court shall assign a time, not later than thirty days thereafter, and a place for hearing such petition. The court shall cause a citation and notice to be served on the minor and the minor's parent, if the parent is not the petitioner, by personal service or service at the minor's place of abode and the parent's place of abode, at least seven days prior to the hearing date, by a state marshal, constable or indifferent person. The court shall direct notice by first class mail to the parent, if the parent is the petitioner or if the parent resides out of or is absent from the state. The court shall order such notice as it directs to: (A) The Commissioner of Children and Families, (B) the Attorney General, and (C) other persons having an interest in the minor. The Attorney General may file an appearance and shall be and remain a party to the action if the child is receiving or has received aid or care from the state, or if the child is receiving child support enforcement services, as defined in subdivision (2) of subsection (b) of section 46b-231.
(P.A. 79-397, S. 1; P.A. 98-219, S. 8; P.A. 00-99, S. 92, 154; P.A. 01-148, S. 3; 01-195, S. 40, 181; P.A. 06-149, S. 9; P.A. 07-184, S. 7; P.A. 18-45, S. 15.)
History: P.A. 98-219 added provisions allowing Probate Court to have concurrent jurisdiction with Superior Court re emancipation petitions; P.A. 00-99 replaced reference to sheriff and deputy sheriff with state marshal, effective December 1, 2000; P.A. 01-148 added provision re service on emancipation petition not required on petitioning party and made technical changes for purposes of gender neutrality; P.A. 01-195 made technical changes for purposes of gender neutrality, effective July 11, 2001; P.A. 06-149 inserted Subpara. designators (A) and (C), added Subpara. (B) re Attorney General, and provided that Attorney General may file appearance and shall be and remain a party if child is receiving or has received aid or care from the state or is receiving child support enforcement services, effective January 1, 2007; P.A. 07-184 substituted “first class mail” for “certified mail” and added “by personal service or service at the minor's place of abode and the parent's place of abode”; P.A. 18-45 added “or if the parent resides out of or is absent from the state” re notice by first class mail to parent and made a technical change.
Cited. 38 CS 503; 39 CS 35; 40 CS 349; 43 CS 175.
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Sec. 46b-150a. Investigation of petition for emancipation. Report. Appointment of counsel. Probate Court may order examination. (a) With respect to a petition filed in Superior Court pursuant to section 46b-150, the Superior Court may, if it deems it appropriate, (1) require a probation officer, the Commissioner of Children and Families or any other person to investigate the allegations in the petition and file a report of that investigation with the court, (2) appoint counsel for the minor who may serve as guardian ad litem for the minor, (3) appoint counsel for the minor's parents or guardian, or (4) make any other orders regarding the matter which the court deems appropriate.
(b) With respect to a petition filed in Probate Court pursuant to section 46b-150, the Probate Court shall request an investigation by the Commissioner of Children and Families, unless this requirement is waived by the court for cause shown. The court shall appoint counsel to represent the minor. The costs of such counsel shall be paid by the minor, except that if such minor is unable to pay for such counsel and files an affidavit with the court demonstrating inability of the minor to pay, the reasonable compensation shall be established by, and paid from funds appropriated to, the Judicial Department. 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.
(c) Upon finding at the hearing or any time during the pendency of the proceeding in the Probate Court, that reasonable cause exists to warrant an examination, the court on its own motion or on motion of any party, may order the minor to be examined at a suitable place by a physician, psychiatrist or licensed psychologist appointed by the court. The court may also order examination of a parent whose competency or ability to care for a minor before the court is at issue. The expenses of any examination if ordered by the court on its own motion shall be paid for by the petitioner or if ordered on motion by a party, shall be paid for by the party moving for such an examination, unless such party or petitioner is unable to pay such expenses in which case they shall be paid for by funds appropriated to the Judicial Department. However, in the case of a probate matter, if funds have not been included in the budget of the Judicial Department for such purposes, such expenses shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund. The court may consider the results of the examinations in ruling on the merits of the petition.
(P.A. 79-397, S. 2; P.A. 93-91, S. 1, 2; P.A. 98-219, S. 9; June Sp. Sess. P.A. 98-1, S. 108; P.A. 00-75, S. 10.)
History: P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 98-219 designated existing provisions as Subsec. (a), adding language re petition filed in Superior Court, and added new Subsec. (b) re Probate Court request of investigation by Commissioner of Children and Families, appointment of counsel for minor and payment for counsel if minor is unable to pay; June Sp. Sess. P.A. 98-1 made a technical change in Subsec. (a); P.A. 00-75 added Subsec. (c) providing that Probate Court during the pendency of an emancipation proceeding, on its own motion or on motion of any party, may order examination of minor and parent, with costs of examination paid by petitioner or party moving for examination, or if unable to pay, from funds appropriated to the Judicial Department, and, if a probate matter, if funds not appropriated to the Judicial Department, such expenses to be established by the Probate Court Administrator and paid from the Probate Court Administration Fund, and provided further that the court may consider the results of the examinations in ruling on the merits of the petition.
Cited. 38 CS 503; 39 CS 35; 40 CS 349; 44 CS 437.
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Sec. 46b-150b. Order of emancipation. If the Superior Court or the Probate Court, after hearing, finds that: (1) The minor has entered into a valid marriage, whether or not that marriage has been terminated by dissolution; or (2) the minor is on active duty with any of the armed forces of the United States of America; or (3) the minor willingly lives separate and apart from his parents or guardian, with or without the consent of the parents or guardian, and that the minor is managing his own financial affairs, regardless of the source of any lawful income; or (4) for good cause shown, it is in the best interest of the minor, any child of the minor or the parents or guardian of the minor, the court may enter an order declaring that the minor is emancipated.
(P.A. 79-397, S. 3; P.A. 80-283, S. 1; P.A. 95-225, S. 28; P.A. 98-219, S. 10.)
History: P.A. 80-283 replaced Subdiv. (4) which had allowed emancipation order on basis of facts demonstrating irretrievable breakdown of parent-child relationship with new provision; P.A. 95-225 amended Subdiv. (4) to replace “in the best interest of either or both parties” with “in the best interest of the minor, any child of the minor or the parents or guardian of the minor”; P.A. 98-219 replaced “court” with “Superior Court or the Probate Court”.
Cited. 38 CS 503; 39 CS 35; 40 CS 349; 44 CS 437.
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Sec. 46b-150c. Appeal. Any person named in a petition filed pursuant to section 46b-150a who is aggrieved by the order of the Probate Court may appeal to the Superior Court as provided in section 45a-186. Any person named in a petition filed pursuant to section 46b-150a who is aggrieved by order of the Superior Court may appeal to the Appellate Court in the manner provided in subsection (b) of section 46b-142.
(P.A. 79-397, S. 4; June Sp. Sess. P.A. 83-29, S. 38, 82; P.A. 98-219, S. 11.)
History: June Sp. Sess. P.A. 83-29 deleted reference to supreme court and substituted appellate court in lieu thereof; P.A. 98-219 added provision re appeal of order of Probate Court to the Superior Court and made conforming changes.
Cited. 38 CS 503; 39 CS 35; 40 CS 349.
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Sec. 46b-150d. Effect of emancipation. An order that a minor is emancipated shall have the following effects: (1) The minor may consent to medical, dental or psychiatric care, without parental consent, knowledge or liability; (2) the minor may enter into a binding contract; (3) the minor may sue and be sued in such minor's own name; (4) the minor shall be entitled to such minor's own earnings and shall be free of control by such minor's parents or guardian; (5) the minor may establish such minor's own residence; (6) the minor may buy and sell real and personal property; (7) the minor may not thereafter be the subject of (A) a petition under section 46b-129 as an abused, neglected or uncared for child or youth, (B) a petition under section 46b-128 or 46b-133 as a delinquent child for any act committed before the date of the order, or (C) a petition under section 46b-149 alleging that the minor is a child from a family with service needs; (8) the minor may enroll in any school or college, without parental consent; (9) the minor shall be deemed to be over eighteen years of age for purposes of securing an operator's license under section 14-36 and a marriage license under section 46b-20a; (10) the minor shall be deemed to be over eighteen years of age for purposes of registering a motor vehicle under section 14-12; (11) the parents of the minor shall no longer be the guardians of the minor under section 45a-606; (12) the parents of a minor shall be relieved of any obligations respecting such minor's school attendance under section 10-184; (13) the parents shall be relieved of all obligation to support the minor; (14) the minor shall be emancipated for the purposes of parental liability for such minor's acts under section 52-572; (15) the minor may execute releases in such minor's own name; (16) the minor may enlist in the armed forces of the United States without parental consent; and (17) the minor may access or obtain a certified copy of a birth certificate under section 7-51.
(P.A. 79-397, S. 5; 79-631, S. 98, 111; P.A. 80-283, S. 2; 80-483, S. 120, 186; P.A. 84-429, S. 76; P.A. 90-61; P.A. 02-109, S. 2; P.A. 05-10, S. 20; 05-288, S. 225; P.A. 09-13, S. 16; Sept. Sp. Sess. P.A. 09-7, S. 90, 91; P.A. 11-240, S. 12, 13; P.A. 13-142, S. 3; P.A. 17-54, S. 2; P.A. 19-132, S. 2.)
History: P.A. 79-631 made no changes; P.A. 80-283 specified that minor is deemed to be over eighteen for purposes of securing marriage license in Subdiv. (i) and added Subdiv. (o) allowing minor to enlist in armed forces without parental consent; P.A. 80-483 substituted reference to Sec. 45-43 for reference to Sec. 45-53 in Subdiv. (j); P.A. 84-429 made technical change for statutory consistency; P.A. 90-61 specified that minor is deemed to be over eighteen for purposes of registering motor vehicle in Subdiv. (j) and relettered remaining Subdivs. accordingly; P.A. 02-109 amended Subdiv. (g) to change reference from Sec. 46b-120 to Sec. 46b-129, effective June 7, 2002; P.A. 05-10 amended Subdiv. (i) to add reference to a civil union license under Sec. 46b-38jj; P.A. 05-288 redesignated Subdivs. (a) to (p) as Subdivs. (1) to (16) and made technical changes; P.A. 09-13 amended Subdiv. (9) to delete provision re securing civil union license under Sec. 46b-38jj without parental consent, effective October 1, 2010; Sept. Sp. Sess. P.A. 09-7 amended Subdiv. (7) to insert Subpara. designator (A) and insert Subpara. (B) re petition under Sec. 46b-128 or 46b-133 as delinquent child, Subpara. (C) re petition under Sec. 46b-149 re family with service needs, and Subpara. (D) re petition under Sec. 46b-150f re youth in crisis, effective January 1, 2010, and further amended Subdiv. (7) to delete Subpara. (D) re youth in crisis petition, effective July 1, 2012; P.A. 11-240 amended Subdiv. (7)(A) by deleting “dependent”, effective July 1, 2011; P.A. 13-142 added Subdiv. (17) re minor's access to certified copy of birth certificate; P.A. 17-54 substituted “section 46b-20a” for “subsection (b) of section 46b-30” in Subdiv. (9); P.A. 19-132 deleted reference to Sec. 14-118 in Subdiv. (15).
Cited. 38 CS 503; 39 CS 35; 40 CS 349; 44 CS 437.
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Sec. 46b-150e. Emancipation under common law. Nothing in sections 46b-150 to 46b-150e, inclusive, shall affect the status of minors who are or may become emancipated under the common law of this state.
(P.A. 79-397, S. 6.)
The court saw no reason to distinguish between statutory and common law emancipation. 38 CS 503. Cited. 39 CS 35; 40 CS 349.
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Secs. 46b-150f to 46b-150h. Youth in crisis; petition; court orders; violations. Duties of police officer re youth in crisis. Youth in crisis pilot program in Middletown probate district. Sections 46b-150f to 46b-150h, inclusive, are repealed, effective July 1, 2012.
(P.A. 00-177, S. 3–5; P.A. 01-195, S. 100, 181; P.A. 02-109, S. 5; P.A. 03-257, S. 2, 3, 5; June Sp. Sess. P.A. 07-4, S. 123; P.A. 08-41, S. 1; Sept. Sp. Sess. P.A. 09-7, S. 79–81.)
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Sec. 46b-150i. Appearances filed in Probate Court to continue in superior court for juvenile matters. Any appearance filed for any party in the Probate Court shall continue in the superior court for juvenile matters unless (1) a motion to withdraw is filed in the Probate Court within five days of the filing of the motion to transfer, and the motion to withdraw is granted by the Probate Court, (2) a motion to withdraw is filed by such party's counsel and granted by the superior court for juvenile matters, or (3) another counsel files an “in lieu of” appearance on behalf of the party. If the party represented is indigent or is the child subject to the proceedings, new counsel shall be assigned from the list of Public Defender Services assigned counsel and shall be paid by the Public Defender Services Commission. The superior court for juvenile matters may request that the Division of Public Defender Services contract with probate counsel for representation if continued representation would be in the best interest of the client. Counsel for indigent parties or minor children appointed by the Probate Court who remain on the case in superior court for juvenile matters shall be paid by the Public Defender Services Commission according to its policies at the rate of pay established by the commission.
(P.A. 15-199, S. 20.)
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Secs. 46b-151 to 46b-151g. (Formerly Secs. 17-75 to 17-81). Declaration of policy. Compact. Amendment to compact concerning interstate rendition of juveniles alleged to be delinquent. Compact administrator. Supplementary agreements. Payments by state. Enforcement of compact. Additional procedure for return of juveniles. Sections 46b-151 to 46b-151g, inclusive, are repealed, effective August 26, 2008.*
(1957, P.A. 363, S. 1–7; P.A. 83-281, S. 1, 2; P.A. 88-214, S. 3, 4; P.A. 90-230, S. 24, 101; P.A. 91-406, S. 19, 29; June Sp. Sess. P.A. 98-1, S. 72, 121; P.A. 03-255, S. 5.)
*Note: P.A. 03-255 repealed these sections effective “July 1, 2004, or upon enactment of the Interstate Compact for Juveniles by thirty-five jurisdictions, whichever is later”; Illinois became the thirty-fifth enacting jurisdiction on August 26, 2008.
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Sec. 46b-151h. Interstate Compact for Juveniles. The Interstate Compact for Juveniles is hereby enacted into law and entered into by this state with all jurisdictions legally joining therein, in the form substantially as follows:
ARTICLE I
PURPOSE
The compacting states to this Interstate Compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents and status offenders who are on probation or parole and who have absconded, escaped or run away from supervision and control and in so doing have endangered their own safety and the safety of others. The compacting states also recognize that each state is responsible for the safe return of juveniles who have run away from home and in doing so have left their state of residence. The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 USC Section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.
It is the purpose of this compact, through means of joint and cooperative action among the compacting states to: (A) Ensure that the adjudicated juveniles and status offenders subject to this compact are provided adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state; (B) ensure that the public safety interests of the citizens, including the victims of juvenile offenders, in both the sending and receiving states are adequately protected; (C) return juveniles who have run away, absconded or escaped from supervision or control or have been accused of an offense to the state requesting their return; (D) make contracts for the cooperative institutionalization in public facilities in member states for delinquent youth needing special services; (E) provide for the effective tracking and supervision of juveniles; (F) equitably allocate the costs, benefits and obligations of the compacting states; (G) establish procedures to manage the movement between states of juvenile offenders released to the community under the jurisdiction of courts, juvenile departments, or any other criminal or juvenile justice agency which has jurisdiction over juvenile offenders; (H) ensure immediate notice to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; (I) establish procedures to resolve pending charges (detainers) against juvenile offenders prior to transfer or release to the community under the terms of this compact; (J) establish a system of uniform data collection on information pertaining to juveniles subject to this compact that allows access by authorized juvenile justice and criminal justice officials, and regular reporting of compact activities to heads of state executive, judicial and legislative branches and juvenile and criminal justice administrators; (K) monitor compliance with rules governing interstate movement of juveniles and initiate interventions to address and correct noncompliance; (L) coordinate training and education regarding the regulation of interstate movement of juveniles for officials involved in such activity; and (M) coordinate the implementation and operation of the compact with the Interstate Compact for the Placement of Children, the Interstate Compact for Adult Offender Supervision and other compacts affecting juveniles particularly in those cases where concurrent or overlapping supervision issues arise. It is the policy of the compacting states that the activities conducted by the Interstate Commission created herein are the formation of public policies and therefore are public business. Furthermore, the compacting states shall cooperate and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles subject to the provisions of this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the purposes and policies of the compact.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires a different construction:
A. “Bylaws” means those bylaws established by the Interstate Commission for its governance, or for directing or controlling its actions or conduct.
B. “Compact administrator” means the individual in each compacting state appointed pursuant to the terms of this compact, responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this compact.
C. “Compacting state” means any state which has enacted the enabling legislation for this compact.
D. “Commissioner” means the voting representative of each compacting state appointed pursuant to Article III of this compact.
E. “Court” means any court having jurisdiction over delinquent, neglected or dependent children.
F. “Deputy compact administrator” means the individual, if any, in each compacting state appointed to act on behalf of a compact administrator pursuant to the terms of this compact responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this compact.
G. “Interstate Commission” means the Interstate Commission for Juveniles created by Article III of this compact.
H. “Juvenile” means any person defined as a juvenile in any compacting state or by the rules of the Interstate Commission, including:
(1) Accused Delinquent: A person charged with an offense that, if committed by an adult, would be a criminal offense;
(2) Adjudicated Delinquent: A person found to have committed an offense that, if committed by an adult, would be a criminal offense;
(3) Accused Status Offender: A person charged with an offense that would not be a criminal offense if committed by an adult;
(4) Adjudicated Status Offender: A person found to have committed an offense that would not be a criminal offense if committed by an adult; and
(5) Non-Offender: A person in need of supervision who has not been accused or adjudicated a status offender or delinquent.
I. “Non-compacting state” means any state which has not enacted the enabling legislation for this compact.
J. “Probation or parole” means any kind of supervision or conditional release of juveniles authorized under the laws of the compacting states.
K. “Rule” means a written statement by the Interstate Commission promulgated pursuant to Article VI of this compact that is of general applicability and implements, interprets or prescribes a policy or provision of the compact, or an organizational, procedural or practice requirement of the Interstate Commission, and has the force and effect of statutory law in a compacting state, and includes the amendment, repeal or suspension of an existing rule.
L. “State” means a state of the United States, the District of Columbia or its designee, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa and the Northern Marianas Islands.
ARTICLE III
INTERSTATE COMMISSION FOR JUVENILES
A. The compacting states hereby create the “Interstate Commission for Juveniles”. The Interstate Commission shall be a body corporate and joint agency of the compacting states. The Interstate Commission shall have all the responsibilities, powers and duties set forth in this compact, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.
B. The Interstate Commission shall consist of commissioners appointed by the appropriate appointing authority in each state pursuant to the rules and requirements of each compacting state and in consultation with the State Council for Interstate Juvenile Supervision created under Article IX of this compact. The commissioner shall be the compact administrator, deputy compact administrator or designee from that state who shall serve on the Interstate Commission in such capacity under or pursuant to the applicable law of the compacting state.
C. In addition to the commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners, but who are members of interested organizations. Such non-commissioner members must include a member of the national organizations of governors, legislators, state chief justices and attorneys general; representatives of the Interstate Compact for Adult Offender Supervision and the Interstate Compact for the Placement of Children; juvenile justice and juvenile corrections officials; and crime victims. All non-commissioner members of the Interstate Commission shall be ex-officio, nonvoting, members. The Interstate Commission may provide in its bylaws for such additional ex-officio, nonvoting, members, including members of other national organizations, in such numbers as shall be determined by the Interstate Commission.
D. Each compacting state represented at any meeting of the Interstate Commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.
E. The Interstate Commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.
F. The Interstate Commission shall establish an executive committee, which shall include Interstate Commission officers, members and others as determined by the bylaws. The executive committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking or amendment to the compact. The executive committee shall oversee the day-to-day activities of the administration of the compact managed by an executive director and Interstate Commission staff; administer enforcement and compliance with the provisions of the compact and the bylaws and rules of the Interstate Commission, and perform such other duties as directed by the Interstate Commission or set forth in the bylaws.
G. Each member of the Interstate Commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the Interstate Commission. A member shall vote in person and shall not delegate a vote to another compacting state, except that, a commissioner, in consultation with the state council, shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the compacting state at a specified meeting. The bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication.
H. The Interstate Commission's bylaws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.
I. Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission and any of its committees may close a meeting to the public if it determines by two-thirds vote that an open meeting would be likely to:
1. Relate solely to the Interstate Commission's internal personnel practices and procedures;
2. Disclose matters specifically exempted from disclosure by statute;
3. Disclose trade secrets or commercial or financial information which is privileged or confidential;
4. Involve accusing any person of a crime, or formally censuring any person;
5. Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
6. Disclose investigative records compiled for law enforcement purposes;
7. Disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a regulated person or entity for the purpose of regulation or supervision of such person or entity;
8. Disclose information, the premature disclosure of which would significantly endanger the stability of a regulated person or entity; or
9. Specifically relate to the Interstate Commission's issuance of a subpoena, or its participation in a civil action or other legal proceeding.
J. For every meeting closed pursuant to paragraph I of this article, the Interstate Commission's legal counsel shall publicly certify that, in the legal counsel's opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll call vote, reflected in the vote of each member on the question. All documents considered in connection with any action shall be identified in such minutes.
K. The Interstate Commission shall collect standardized data concerning the interstate movement of juveniles as directed through its rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements. Such methods of data collection, exchange and reporting shall insofar as is reasonably possible conform to up-to-date technology and coordinate its information functions with the appropriate repository of records.
ARTICLE IV
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The Interstate Commission shall have the following powers and duties:
1. To provide for dispute resolution among compacting states.
2. To promulgate rules to effect the purposes and obligations as enumerated in this compact, which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact.
3. To oversee, supervise and coordinate the interstate movement of juveniles subject to the terms of this compact and any bylaws adopted and rules promulgated by the Interstate Commission.
4. To enforce compliance with the compact provisions, the rules promulgated by the Interstate Commission and the bylaws, using all necessary and proper means including, but not limited to, the use of judicial process.
5. To establish and maintain offices which shall be located within one or more of the compacting states.
6. To purchase and maintain insurance and bonds.
7. To borrow, accept, hire or contract for services of personnel.
8. To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by Article III of this compact which shall have the power to act on behalf of the Interstate Commission in carrying out the powers and duties of the Interstate Commission under this compact.
9. To elect or appoint such officers, attorneys, employees, agents or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the Interstate Commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation and qualifications of personnel.
10. To accept any and all donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of such money, equipment, supplies, materials and services.
11. To lease, purchase, accept contributions or donations of, or otherwise own, hold, improve or use any property, whether real, personal or mixed.
12. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, whether real, personal or mixed.
13. To establish a budget and make expenditures and levy dues as provided in Article VIII of this compact.
14. To sue and be sued.
15. To adopt a seal and bylaws governing the management and operation of the Interstate Commission.
16. To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.
17. To report annually to the legislatures, governors, judiciary and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission.
18. To coordinate education, training and public awareness regarding the interstate movement of juveniles for officials involved in such activity.
19. To establish uniform standards for the reporting, collecting and exchanging of data.
20. To maintain its corporate books and records in accordance with the bylaws.
ARTICLE V
ORGANIZATION AND OPERATION
OF THE INTERSTATE COMMISSION
Section A. Bylaws
1. The Interstate Commission shall, by a majority of the members present and voting, within twelve months after the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:
a. Establishing the fiscal year of the Interstate Commission;
b. Establishing an executive committee and such other committees as may be necessary;
c. Providing for the establishment of committees governing any general or specific delegation of any authority or function of the Interstate Commission;
d. Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting;
e. Establishing the titles and responsibilities of the officers of the Interstate Commission;
f. Providing a mechanism for concluding the operations of the Interstate Commission and the return of any surplus funds that may exist upon the termination of the compact after the payment or reserving of all of its debts and obligations;
g. Providing start-up rules for initial administration of the compact; and
h. Establishing standards and procedures for compliance and technical assistance in carrying out the compact.
Section B. Officers and Staff
1. The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairperson and a vice-chairperson, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson or, in the chairperson's absence or disability, the vice-chairperson shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any ordinary and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission.
2. The Interstate Commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, but shall not be a member and shall hire and supervise such other staff as may be authorized by the Interstate Commission.
Section C. Qualified Immunity, Defense and Indemnification
1. The Interstate Commission's executive director and employees shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to any actual or alleged act, error or omission that occurred, or that such person had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities; provided, that any such person shall not be protected from suit or liability for any damage, loss, injury or liability caused by the intentional or wilful and wanton misconduct of any such person.
2. The liability of any commissioner, or the employee or agent of a commissioner, acting within the scope of such person's employment or duties for acts, errors or omissions occurring within such person's state may not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees and agents. Nothing in this subsection shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or wilful and wanton misconduct of any such person.
3. The Interstate Commission shall defend the executive director or the representatives or employees of the Interstate Commission and, subject to the approval of the Attorney General of the state represented by any commissioner of a compacting state, shall defend such commissioner or the commissioner's representatives or employees in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from intentional or wilful and wanton misconduct on the part of such person.
4. The Interstate Commission shall indemnify and hold the commissioner of a compacting state, or the commissioner's representatives or employees, or the Interstate Commission's representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from intentional or wilful and wanton misconduct on the part of such persons.
ARTICLE VI
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
A. The Interstate Commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact.
B. Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant to this article. Such rulemaking shall substantially conform to the principles of the “Model State Administrative Procedures Act”, 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000), or such other administrative procedures act, as the Interstate Commission deems appropriate consistent with due process requirements under the United States Constitution as now or hereafter interpreted by the United States Supreme Court. All rules and amendments shall become binding as of the date specified, as published with the final version of the rule as approved by the Interstate Commission.
C. When promulgating a rule, the Interstate Commission shall, at a minimum:
1. Publish the proposed rule's entire text stating the reason or reasons for that proposed rule;
2. Allow and invite any and all persons to submit written data, facts, opinions and arguments, which information shall be added to the record, and be made publicly available;
3. Provide an opportunity for an informal hearing if petitioned by ten or more persons; and
4. Promulgate a final rule and its effective date, if appropriate, based on comment from state or local officials and other interested parties.
D. Not later than sixty days after a rule is promulgated, any interested person may file a petition in the United States District Court for the District of Columbia or in the federal district court where the Interstate Commission's principal office is located for judicial review of such rule. If the court finds that the Interstate Commission's action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside. For purposes of this subsection, evidence is substantial if it would be considered substantial evidence under the Model State Administrative Procedures Act.
E. If a majority of the legislatures of the compacting states rejects a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the compact, cause that such rule shall have no further force and effect in any compacting state.
F. The existing rules governing the operation of the Interstate Compact on Juveniles superseded by this compact shall be null and void twelve months after the first meeting of the Interstate Commission.
G. Upon determination by the Interstate Commission that a state-of-emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided in this article are retroactively applied to the emergency rule as soon as reasonably possible, but no later than ninety days after the effective date of the emergency rule.
ARTICLE VII
OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION
BY THE INTERSTATE COMMISSION
Section A. Oversight
1. The Interstate Commission shall oversee the administration and operations of the interstate movement of juveniles subject to this compact in the compacting states and shall monitor such activities being administered in non-compacting states which may significantly affect compacting states.
2. The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated under this compact shall be received by all the judges, public officers, commissions and departments of the state government as evidence of the authorized statute and administrative rules. All courts shall take judicial notice of the compact and the rules. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the Interstate Commission, the Interstate Commission is entitled to receive all service of process in any such proceeding, and has standing to intervene in the proceeding for all purposes.
Section B. Dispute Resolution
1. The compacting states shall report to the Interstate Commission on all issues and activities necessary for the administration of the compact as well as issues and activities pertaining to compliance with the provisions of the compact and the bylaws and rules of the Interstate Commission.
2. The Interstate Commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and between compacting and non-compacting states. The Interstate Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.
3. The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact using any or all means set forth in Article XI of this compact.
ARTICLE VIII
FINANCE
A. The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.
B. The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of each compacting state and the volume of interstate movement of juveniles in each compacting state and the Interstate Commission shall promulgate a rule binding upon all compacting states which governs said assessment.
C. The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet such obligations; nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.
D. The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.
ARTICLE IX
THE STATE COUNCIL
Each compacting state shall create a State Council for Interstate Juvenile Supervision. While each state may determine the membership of its own state council, the membership of a state council shall include at least one representative from the legislative, judicial and executive branches of government; victims groups; and the compact administrator, deputy compact administrator or designee. Each compacting state retains the right to determine the qualifications of the compact administrator or deputy compact administrator. Each state council shall advise and may exercise oversight and advocacy concerning that state's participation in Interstate Commission activities and other duties as may be determined by that state including, but not limited to, development of policy concerning operations and procedures of the compact within that state.
ARTICLE X
COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
A. Any state is eligible to become a compacting state.
B. The compact shall become effective and binding upon legislative enactment of the compact into law by not less than thirty-five states. The initial effective date shall be the later of July 1, 2004, or upon enactment into law by the thirty-fifth state. Thereafter the compact shall become effective and binding as to any other compacting state upon enactment of the compact into law by that state. The governors of non-compacting states or their designees shall be invited to participate in the activities of the Interstate Commission on a non-voting basis prior to adoption of the compact by all states.
C. The Interstate Commission may propose amendments to the compact for enactment by the compacting states. No amendment shall become effective and binding upon the Interstate Commission and the compacting states until it is enacted into law by unanimous consent of the compacting states.
ARTICLE XI
WITHDRAWAL, DEFAULT, TERMINATION
AND JUDICIAL ENFORCEMENT
Section A. Withdrawal
1. Once effective, the compact shall continue in force and remain binding upon each compacting state. A compacting state may withdraw from the compact by specifically repealing the statute which enacted the compact into law.
2. The effective date of withdrawal is the effective date of the repeal.
3. The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other compacting states of the withdrawing state's intent to withdraw within sixty days of its receipt thereof.
4. The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.
5. Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission.
Section B. Technical Assistance, Fines, Suspension, Termination and Default
1. If the Interstate Commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact, or the bylaws or rules of the Interstate Commission, the Interstate Commission may impose any or all of the following penalties:
a. Remedial training and technical assistance as directed by the Interstate Commission;
b. Alternative Dispute Resolution;
c. Fines, fees and costs in such amounts as are deemed to be reasonable as fixed by the Interstate Commission; and
d. Suspension or termination of membership in the compact, which shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted and the Interstate Commission has determined that the offending state is in default. Immediate notice of suspension shall be given by the Interstate Commission to the Governor, the Chief Justice or the chief judicial officer, the majority and minority leaders of the legislature and the state council of the defaulting state. The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, the bylaws, or rules and any other grounds designated in the bylaws and rules of the Interstate Commission. The Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission and of the default pending a cure of the default. The Interstate Commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the Interstate Commission, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of termination.
2. Within sixty days of the effective date of termination of a defaulting state, the Interstate Commission shall notify the Governor, the Chief Justice or chief judicial officer, the majority and minority leaders of the legislature and the state council of the defaulting state of such termination.
3. The defaulting state is responsible for all assessments, obligations and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.
4. The Interstate Commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state.
5. Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the Interstate Commission pursuant to the rules.
Section C. Judicial Enforcement
The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, for the federal district where the Interstate Commission has its offices, to enforce compliance with the provisions of the compact and the rules and bylaws of the Interstate Commission, against any compacting state in default. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees.
Section D. Dissolution of Compact
1. The compact dissolves effective upon the date of the withdrawal or default of the compacting state that reduces membership in the compact to one compacting state.
2. Upon the dissolution of this compact, the compact becomes void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and any surplus funds shall be distributed in accordance with the bylaws.
ARTICLE XII
SEVERABILITY AND CONSTRUCTION
A. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
B. The provisions of this compact shall be liberally construed to effectuate its purposes.
ARTICLE XIII
BINDING EFFECT OF COMPACT AND OTHER LAWS
Section A. Other Laws
1. This compact does not prevent the enforcement of any other law of a compacting state that is not inconsistent with this compact.
2. All compacting states' laws other than state constitutions and other interstate compacts conflicting with this compact are superseded to the extent of the conflict.
Section B. Binding Effect of the Compact
1. All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the compacting states.
2. All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms.
3. Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation.
4. If any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers or jurisdiction shall remain in the compacting state and shall be exercised by the agency of the compacting state to which such obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective.
(P.A. 03-255, S. 1.)
History: P.A. 03-255 effective July 1, 2004, or upon enactment by thirty-five jurisdictions, whichever is later; Illinois became the thirty-fifth enacting jurisdiction on August 26, 2008 (Revisor's note: A reference in paragraph F. of Article VI to “this act” was changed editorially by the Revisors to “this compact” for consistency with other references in the compact).
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Sec. 46b-151i. Chief Court Administrator as administrator of the Interstate Compact for Juveniles. The Chief Court Administrator, or his or her designee, shall act as administrator of the Interstate Compact for Juveniles under section 46b-151h.
(P.A. 18-31, S. 9.)
History: P.A. 18-31 effective July 1, 2018.
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Secs. 46b-152 to 46b-159. Reserved for future use.
Note: Chapters 815u to 815x are also reserved for future use.
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