Sec. 46b-120. (Formerly Sec. 51-301). Definitions.
Sec. 46b-121n. Juvenile Justice Policy and Oversight Committee. Reports.
Sec. 46b-124. (Formerly Sec. 51-305). Confidentiality of records of juvenile matters. Exceptions.
Sec. 46b-133c. Serious juvenile repeat offender prosecution. Sentencing.
Sec. 46b-133d. Serious sexual offender prosecution. Sentencing.
Sec. 46b-133i. Suspension of delinquency proceedings for fire starting behavior treatment.
Sec. 46b-140. (Formerly Sec. 51-321). Disposition upon adjudication of child as delinquent.
Sec. 46b-150d. Effect of emancipation.
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 seven 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 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, except an infraction under subsection (d) of section 21a-267, (II) a violation, except a violation under subsection (a) of section 21a-279a, (III) a motor vehicle offense or violation under title 14, (IV) a violation of a municipal or local ordinance, or (V) a violation of section 51-164r, 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223 or 53a-223a, (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 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, except an infraction under subsection (d) of section 21a-267, (ii) a violation, except a violation under subsection (a) of section 21a-279a, (iii) a motor vehicle offense or violation under title 14, (iv) the violation of a municipal or local ordinance, or (v) the violation of section 51-164r, 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223 or 53a-223a, (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 (3) 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; and
(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.
(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.)
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.
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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-124. (Formerly Sec. 51-305). 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, and (J) judges and employees of the Probate Court who, in the performance of their duties, 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, (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, and (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. 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 detention 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. 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.)
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).
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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) (1) (A) Any proceeding of any case transferred to the regular criminal docket pursuant to this section 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. Any records of such proceedings shall be confidential in the same manner as records of cases of juvenile matters are confidential in accordance with the provisions of section 46b-124, except as provided in subparagraph (B) of this subdivision, unless and until the court or jury renders a verdict or a guilty plea is entered in such case on the regular criminal docket.
(B) Records of any child whose case is transferred to the regular criminal docket under this section, or any part of such records, shall be available to the victim of the crime committed by the child to the same extent as the records of the case of a defendant in a criminal proceeding in the regular criminal docket of the Superior Court is available to a victim of the crime committed by such defendant. The court shall designate an official from whom the victim may request such records. Records disclosed pursuant to this subparagraph shall not be further disclosed.
(2) 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 or the Department of Children and Families.
(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.)
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.
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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 detention 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 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 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) Upon the arrest of any child by an officer, such officer may (1) release the child to the custody of the child's parent or parents, guardian or some other suitable person or agency, (2) at the discretion of the officer, release the child to the child's own custody, or (3) seek a court order to detain the child in a juvenile detention center. No child may be placed in detention unless a judge of the Superior Court determines, based on the available facts, that (A) there is probable cause to believe that the child has committed the acts alleged, (B) there is no appropriate less restrictive alternative available, and (C) 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 detention center unless an order to detain is issued by a judge of the Superior Court.
(d) When a child is arrested for the commission of a delinquent act and the child is not placed in detention 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 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 detention 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 detention 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 or held for a period that exceeds six hours. 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 detention 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 detention 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 detention 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 subdivision (3) of subsection (a) of section 53a-122 or subdivision (1) of subsection (a) of section 53a-123 or subdivision (1) of subsection (a) of section 53a-124.
(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.)
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.
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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 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 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 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 sexual offender prosecution.
(c) If a prosecutorial official requests that a proceeding be designated a serious 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 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 sexual offender prosecution if the prosecutorial official shows by a preponderance of the evidence that such designation will serve the public safety. The decision to designate the proceeding as a serious sexual offender prosecution shall not be a final judgment for purposes of appeal.
(d) A proceeding designated as a serious 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 sexual offender prosecution, the court shall: (1) Sentence the child in accordance with section 46b-140, (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 it appears 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, without notice, order that the child be immediately 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 the child has violated the conditions of the sentence imposed pursuant to subdivision (2) of subsection (d) of this section or committed a subsequent crime, 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 a serious 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.)
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.
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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, (D) subdivision (3) of subsection (a) of section 53a-122, (E) subdivision (1) of subsection (a) of section 53a-123, or (F) subdivision (1) of subsection (a) of section 53a-124; 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.)
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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. (Note: This section is effective July 1, 2020.) Report of use of chemical agents or prone restraints on detained juveniles. Not later than August 1, 2020, and monthly thereafter, 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, if any, 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.
(P.A. 19-187, S. 4.)
History: P.A. 19-187 effective July 1, 2020.
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Sec. 46b-133m. (Note: This section is effective July 1, 2020.) 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-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.
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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).
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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.
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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-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).
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