Chapter 815t

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 for purposes of delinquency matters and proceedings, “child” means any person who (A) is at least ten years of age at the time of the alleged commission of a delinquent act and who is (i) under eighteen years of age and has not been legally emancipated, or (ii) eighteen years of age or older and committed a delinquent act prior to attaining eighteen years of age, or (B) 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;

(2) (A) A child may be adjudicated as “delinquent” who has, while under sixteen years of age, (i) violated any federal or state law, except a first or second offense under subdivision (1) of subsection (b) of section 21a-279a, or except section 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223 or 53a-223a, or violated a municipal or local ordinance, (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, or (iv) violated conditions of probation supervision or probation supervision with residential placement in a delinquency proceeding as ordered by the court;

(B) A child may be adjudicated as “delinquent” who has (i) while sixteen or seventeen years of age, violated any federal or state law, other than (I) an infraction, (II) a violation, (III) a motor vehicle offense or violation under title 14, (IV) a violation of a municipal or local ordinance, (V) a violation of section 51-164r, 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223 or 53a-223a, or (VI) a first or second offense under subdivision (1) of subsection (b) of section 21a-279a, (ii) while sixteen years of age or older, wilfully failed to appear in response to a summons under section 46b-133 or at any other court hearing in a delinquency proceeding of which the child had notice, (iii) while sixteen years of age or older, violated any order of the Superior Court in a delinquency proceeding, or (iv) while sixteen years of age or older, violated conditions of probation supervision or probation supervision with residential placement in a delinquency proceeding as ordered by the court;

(3) “Family with service needs” means a family that includes a child who is at least seven years of age and is under eighteen years of age who, according to a petition lawfully filed on or before June 30, 2020, (A) has without just cause run away from the parental home or other properly authorized and lawful place of abode, (B) is beyond the control of the child's parent, parents, guardian or other custodian, (C) has engaged in indecent or immoral conduct, or (D) is thirteen years of age or older and has engaged in sexual intercourse with another person and such other person is thirteen years of age or older and not more than two years older or younger than such child;

(4) A child may be found “neglected” who, for reasons other than being impoverished, (A) has been abandoned, (B) is being denied proper care and attention, physically, educationally, emotionally or morally, or (C) is being permitted to live under conditions, circumstances or associations injurious to the well-being of the child;

(5) A child may be found “abused” who (A) has been inflicted with physical injury or injuries other than by accidental means, (B) has injuries that are at variance with the history given of them, or (C) is in a condition that is the result of maltreatment, including, but not limited to, malnutrition, sexual molestation or exploitation, deprivation of necessities, emotional maltreatment or cruel punishment;

(6) A child may be found “uncared for” (A) who is homeless, (B) whose home cannot provide the specialized care that the physical, emotional or mental condition of the child requires, or (C) who has been identified as a victim of trafficking, as defined in section 46a-170. For the purposes of this section, the treatment of any child by an accredited Christian Science practitioner, in lieu of treatment by a licensed practitioner of the healing arts, shall not of itself constitute neglect or maltreatment;

(7) “Delinquent act” means (A) the violation by a child under the age of sixteen of any federal or state law, except a first or second offense under subdivision (1) of subsection (b) of section 21a-279a, the violation of section 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223 or 53a-223a, or the violation of a municipal or local ordinance, (B) the violation by a child sixteen or seventeen years of age of any federal or state law, other than (i) an infraction, (ii) a violation, (iii) a motor vehicle offense or violation under title 14, (iv) the violation of a municipal or local ordinance, (v) the violation of section 51-164r, 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223 or 53a-223a, or (vi) a first or second offense under subdivision (1) of subsection (b) of section 21a-279a, (C) the wilful failure of a child, including a child who has attained the age of eighteen, to appear in response to a summons under section 46b-133 or at any other court hearing in a delinquency proceeding of which the child has notice, (D) the violation of any order of the Superior Court in a delinquency proceeding by a child, including a child who has attained the age of eighteen, or (E) the violation of conditions of probation supervision or probation supervision with residential placement in a delinquency proceeding by a child, including a child who has attained the age of eighteen, as ordered by the court;

(8) “Serious juvenile offense” means (A) the violation of, including attempt or conspiracy to violate, section 21a-277, 21a-278, 29-33, 29-34, 29-35, subdivision (2) or (3) of subsection (a) of section 53-21, 53-80a, 53-202b, 53-202c, 53-390 to 53-392, inclusive, 53a-54a to 53a-57, inclusive, 53a-59 to 53a-60c, inclusive, 53a-64aa, 53a-64bb, 53a-70 to 53a-71, inclusive, 53a-72b, 53a-86, 53a-92 to 53a-94a, inclusive, 53a-95, 53a-100aa, 53a-101, 53a-102a, 53a-103a or 53a-111 to 53a-113, inclusive, subdivision (1) of subsection (a) of section 53a-122, subdivision (2) of subsection (a) of section 53a-123, section 53a-134, 53a-135, 53a-136a or 53a-167c, subsection (a) of section 53a-174, or section 53a-196a, 53a-211, 53a-212, 53a-216 or 53a-217b, or (B) absconding, escaping or running away, without just cause, from any secure residential facility in which the child has been placed by the court as a delinquent child;

(9) “Serious juvenile offender” means any child adjudicated as delinquent for the commission of a serious juvenile offense;

(10) “Serious juvenile repeat offender” means any child charged with the commission of any felony if such child has previously been adjudicated as delinquent or otherwise adjudicated at any age for two violations of any provision of title 21a, 29, 53 or 53a that is designated as a felony;

(11) “Alcohol-dependent” means a psychoactive substance dependence on alcohol as that condition is defined in the most recent edition of the American Psychiatric Association's “Diagnostic and Statistical Manual of Mental Disorders”;

(12) “Drug-dependent” means a psychoactive substance dependence on drugs as that condition is defined in the most recent edition of the American Psychiatric Association's “Diagnostic and Statistical Manual of Mental Disorders”. No child shall be classified as drug-dependent who is dependent (A) upon a morphine-type substance as an incident to current medical treatment of a demonstrable physical disorder other than drug dependence, or (B) upon amphetamine-type, ataractic, barbiturate-type, hallucinogenic or other stimulant and depressant substances as an incident to current medical treatment of a demonstrable physical or psychological disorder, or both, other than drug dependence;

(13) “Pre-dispositional study” means a comprehensive written report prepared by a juvenile probation officer pursuant to section 46b-134 regarding the child's social, medical, mental health, educational, risks and needs, and family history, as well as the events surrounding the offense to present a supported recommendation to the court;

(14) “Probation supervision” means a legal status whereby a juvenile who has been adjudicated delinquent is placed by the court under the supervision of juvenile probation for a specified period of time and upon such terms as the court determines;

(15) “Probation supervision with residential placement” means a legal status whereby a juvenile who has been adjudicated delinquent is placed by the court under the supervision of juvenile probation for a specified period of time, upon such terms as the court determines, that include a period of placement in a secure or staff-secure residential treatment facility, as ordered by the court, and a period of supervision in the community;

(16) “Risk and needs assessment” means a standardized tool that (A) assists juvenile probation officers in collecting and synthesizing information about a child to estimate the child's risk of recidivating and identify other factors that, if treated and changed, can reduce the child's likelihood of reoffending, and (B) provides a guide for intervention planning;

(17) “Secure-residential facility” means a hardware-secured residential facility that includes direct staff supervision, surveillance enhancements and physical barriers that allow for close supervision and controlled movement in a treatment setting;

(18) “Staff-secure residential facility” means a residential facility that provides residential treatment for children in a structured setting where the children are monitored by staff; and

(19) “Juvenile residential center” means a hardware-secured residential facility operated by the Court Support Services Division of the Judicial Branch that includes direct staff supervision, surveillance enhancements and physical barriers that allow for close supervision and controlled movement in a treatment setting for preadjudicated juveniles and juveniles adjudicated as delinquent.

(1949 Rev., S. 2802; 1959, P.A. 28, S. 52; 1967, P.A. 630, S. 1; 1969, P.A. 794, S. 1; 1971, P.A. 72, S. 14; P.A. 75-602, S. 1, 13; P.A. 76-436, S. 668, 681; P.A. 77-577, S. 4; P.A. 79-567, S. 1, 7; 79-581, S. 1; P.A. 80-401, S. 4; P.A. 85-226, S. 1; P.A. 87-373, S. 13; P.A. 90-161, S. 1, 6; 90-240, S. 2, 6; 90-325, S. 19, 32; P.A. 91-303, S. 11, 22; June Sp. Sess. P.A. 92-1, S. 2; June Sp. Sess. P.A. 92-3; P.A. 93-91, S. 1, 2; 93-340, S. 16; P.A. 95-225, S. 9; P.A. 97-319, S. 18, 22; P.A. 98-256, S. 1; P.A. 00-177, S. 1, 5; P.A. 02-109, S. 1; 02-132, S. 18; P.A. 05-250, S. 1; June Sp. Sess. P.A. 07-4, S. 73; Sept. Sp. Sess. P.A. 09-7, S. 69, 82; June Sp. Sess. P.A. 10-1, S. 28; P.A. 11-71, S. 7–10; 11-157, S. 9–12; 11-240, S. 2, 3; June 12 Sp. Sess. P.A. 12-1, S. 266, 267; P.A. 14-186, S. 5; P.A. 16-147, S. 7; June Sp. Sess. P.A. 17-2, S. 146; P.A. 18-31, S. 25, 26; P.A. 19-187, S. 8; P.A. 21-104, S. 24; 21-174, S. 1; June Sp. Sess. P.A. 21-1, S. 5; P.A. 22-115, S. 17; P.A. 23-46, S. 11.)

History: 1959 act amended definition of child and substituted circuit court for town, city, police or borough courts; 1967 act changed definition of dependent child's home from “poverty” to “financial instability” for “specialized care” and redefined child; 1969 act redefined “delinquent” child, substituted “financial inability” for “financial instability” in definition of “dependent” child, substituted educational and emotional deprivation for mental neglect in definition of “neglected” child and deleted reference to living under evil associations of home conditions and redefined “uncared for” child to delete reference to child whose home is unsuitable or who cannot support himself legally or without subjecting himself to conditions prejudicial to normal development; 1971 act redefined “child” to omit those between 16 and 18 years old who have been transferred from circuit court to superior court jurisdiction; P.A. 75-602 defined “youth”, added reference to “neglected” youths and “uncared for” youths and redefined “uncared for” to include reference to home which cannot perform specialized care needed and to specify that treatment by Christian Science practitioner does not constitute neglect or maltreatment; P.A. 76-436 replaced reference to juvenile court with reference to superior court, effective July 1, 1978; P.A. 77-577 defined “abused” and added reference to abused child in definition of “neglected” child; P.A. 79-567 defined “family with service needs” and amended definition of “delinquent” child accordingly; P.A. 79-581 defined “serious juvenile offense” and “serious juvenile offender”; Sec. 17-53 temporarily renumbered as Sec. 51-301 and ultimately transferred to Sec. 46b-120 in 1979; P.A. 80-401 changed effective date of P.A. 79-567 from July 1, 1980 to July 1, 1981; P.A. 85-226 amended definition of “delinquent” by deleting exception for order entered in matter relating to a family with service needs; P.A. 87-373 redefined “serious juvenile offense” to include a violation of Sec. 21a-277 or 21a-278; P.A. 90-161 added definitions re “alcohol-dependent child” and “drug-dependent child”; P.A. 90-240 substituted “mentally deficient” for “defective”, deleted the phrase “defect of intelligence” and substituted “truant or habitual truant”, as defined, for “habitually truant”; P.A. 90-325 changed effective date of P.A. 90-240 from July 1, 1990, to July 1, 1991; P.A. 91-303 removed a cite to Sec. 10-198a for the definition of truant and habitual truant; June Sp. Sess. P.A. 92-1 amended definition of “serious juvenile offense” to include a violation of Sec. 53a-217b; June Sp. Sess. P.A. 92-3 amended definition of “serious juvenile offense” to include violations of Secs. 29-35, 53a-94a, 53a-102a, 53a-103a, 53a-212 and 53a-216; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-340 amended definition of “family with service needs” to add Subpara. (E) re a child who is 13 years of age or older and has engaged in sexual intercourse with another person within a certain age range; P.A. 95-225 inserted Subdiv. indicators, revising Subpara. indicators accordingly for statutory consistency, added definition of “delinquent act”, amended the definition of “serious juvenile offense” to include violations of Secs. 29-33, 29-34, 53-21, 53-202b and 53-202c and include running away from any secure placement other than home while “referred as a delinquent child to the Office of Alternative Sanctions”, amended the definition of “serious juvenile offender” to replace “adjudicated a delinquent child” with “convicted as delinquent” and added definition of “serious juvenile repeat offender”; P.A. 97-319 redefined “abused” to include exploitation of a child or youth, effective July 1, 1997; P.A. 98-256 amended the definition of “child” in Subdiv. (1) to add definition of child for purposes of delinquency matters, amended the definition of a child found “delinquent” in Subdiv. (5) to replace “found” with “convicted as” and to include a child who has violated conditions of probation ordered by the court and amended the definition of “serious juvenile offense” in Subdiv. (11) to include a violation of Sec. 53a-136a; P.A. 00-177 added new Subdiv. (3) defining “youth in crisis”, renumbered Subdivs. (3) to (15), inclusive, as (4) to (16), and made changes throughout section for purposes of gender neutrality, effective July 1, 2001; P.A. 02-109 redefined “youth” in Subdiv. (2) by replacing “sixteen to eighteen” with “sixteen or seventeen” years of age, redefined “youth in crisis” in Subdiv. (3) by inserting “youth” in place of a specific age range and made technical changes, effective June 7, 2002; P.A. 02-132 made technical changes throughout and replaced “Office of Alternative Sanctions” with “Court Support Services Division” in Subdiv. (12); P.A. 05-250 added exception re provisions of Sec. 46b-148 in Subdiv. (6)(B) and made technical changes, effective October 1, 2007; June Sp. Sess. P.A. 07-4 redefined “child” for purposes of delinquency matters and proceedings to include children under “eighteen” years of age, instead of “sixteen”, and rewrote provisions, deleted definition of “youth in crisis” in former Subdiv. (3) and renumbered existing Subdivs. accordingly, redefined a child who may be convicted as “delinquent”, “delinquent act”, “serious juvenile offense”, and “serious juvenile repeat offender”, substituted “alcohol-dependent” for “alcohol-dependent child” and “drug-dependent” for “drug-dependent child”, and made technical changes, effective January 1, 2010; Sept. Sp. Sess. P.A. 09-7 redefined “child”, “youth”, “youth in crisis”, “convicted as delinquent”, “family with service needs” and “delinquent act” and made technical changes, effective January 1, 2010, and further amended said definitions to include children 17 years of age and deleted definition of “youth in crisis”, effective July 1, 2012 (Revisor's note: In Subdiv. (2), the words “who has not been legally emancipated” were inadvertently dropped from the version effective July 1, 2012, and were restored editorially by the Revisors for accuracy); June Sp. Sess. P.A. 10-1 redefined “child” in Subdiv. (1), child who may be convicted as “delinquent” in Subdiv. (5), “family with service needs” in Subdiv. (7), “delinquent act” in Subdiv. (10), and “serious juvenile offense” in Subdiv. (11), effective June 22, 2010; P.A. 11-71 amended Subdiv. (5) re definition of child who may be convicted as “delinquent” to add exception in Subpara. (B)(i)(I) for infraction under Sec. 21a-267(d) and exception in Subpara. (B)(i)(II) for violation under Sec. 21a-279a(a), and amended Subdiv. (10) re definition of “delinquent act” to add exception in Subpara. (B)(i) for infraction under Sec. 21a-267(d) and exception in Subpara. (B)(ii) for violation under Sec. 21a-279a(a), effective July 1, 2011; P.A. 11-157 amended Subdivs. (5) and (10) to add reference to Secs. 53a-222, 53a-222a, 53a-223 and 53a-223a, amended Subdiv. (10)(C) to (E) to delete “or older” re age of 17, and amended Subdiv. (11) to add reference to Secs. 53a-64aa, 53a-64bb and 53a-100aa, effective October 1, 2011, and further amended section to redefine “child” in Subdiv. (1), child who may be convicted as “delinquent” in Subdiv. (5), “family with service needs” in Subdiv. (7), “delinquent act” in Subdiv. (10), and “serious juvenile offense” in Subdiv. (11), effective July 1, 2012; P.A. 11-240 deleted former Subdiv. (3) re definition of “abused” and renumbered existing Subdivs. (4) and (5) as Subdivs. (3) and (4), deleted former Subdiv. (6) re definition of “dependent” and renumbered existing Subdivs. (7) and (8) as Subdivs. (5) and (6), amended Subdiv. (6) by deleting former Subpara. (D) re abused child or youth and adding exception for impoverished child or youth, added new Subdiv. (7) restating definition of “abused”, and renumbered existing Subdivs. (9) to (15) as Subdivs. (8) to (14), effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 redefined “child” in Subdiv. (1) and “family with service needs” in Subdiv. (5); P.A. 14-186 amended Subdiv. (8) to redefine child or youth may be found “uncared for” by inserting Subpara. (A) and (B) designators and adding Subpara. (C) re child or youth identified as victim of trafficking; P.A. 16-147 redefined “family with service needs” in Subdiv. (5), effective August 15, 2017; June Sp. Sess. P.A. 17-2 redefined “family with service needs” in Subdiv. (5), effective July 1, 2019; P.A. 18-31 deleted Subdiv. (2) defining “youth”, deleted Subdiv. (3) re child found “mentally deficient”, redesignated existing Subdivs. (4) to (14) as Subdivs. (2) to (12), amended redesignated Subdiv. (2) by redefining “delinquent”, amended redesignated Subdiv. (7) by redefining “delinquent act”, amended redesignated Subdiv. (8) by redefining “serious juvenile offense”, added Subdiv. (13) defining “pre-dispositional study”, added Subdiv. (14) defining “probation supervision”, added Subdiv. (15) defining “probation supervision with residential placement”, added Subdiv. (16) defining “risk and needs assessment”, added Subdiv. (17) defining “secure-residential facility”, added Subdiv. (18) defining “staff-secure residential facility”, replaced “convicted” with “adjudicated”, deleted references to youth, and made a technical change, effective July 1, 2018, and amended redesignated Subdiv. (3) by redefining “family with service needs”, effective July 1, 2019; P.A. 19-187 redefined “family with service needs” in Subdiv. (3), effective July 1, 2019; P.A. 21-104 added Subdiv. (19) defining “juvenile residential center”, effective January 1, 2022; P.A. 21-174 redefined “child” in Subdiv. (1) to include any person at least 10 years of age, effective July 1, 2021; June Sp. Sess. P.A. 21-1 redefined “child” by adding exception for “a first or second offense under subdivision (1) of subsection (b) of section 21a-279a” in Subdiv. (2)(A)(i) and in Subdiv. (2)(B) by adding same exception as Subpara. (B)(i)(VI), deleting in Subpara. (B)(i)(I) exception for an infraction under Sec. 21a-267(d) and deleting in Subpara. (B)(i)(II) exception for a violation under 21a-279a(a) and redefined “delinquent act” by adding exception for “a first or second offense under subdivision (1) of subsection (b) of section 21a-279a” in Subdiv. (7)(A) and in Subdiv. (7)(B) by adding same exception as clause (vi), deleting in clause (i) exception for an infraction under Sec. 21a-267(d) and deleting in clause (ii) exception for a violation under 21a-279a(a), effective July 1, 2021; P.A. 22-115 redefined “serious juvenile offense” by replacing reference to Sec. 53a-123(a)(3) with reference to Sec. 53a-123(a)(2) in Subdiv. (8); P.A. 23-46 redefined “child” in Subdiv. (1) by deleting former Subdiv. (1)(B) which defined “child” for purposes of family with service needs matters and proceedings and by making technical changes, redefined child who may be adjudicated as delinquent while under 16 years of age in Subdiv. (2)(A) by deleting exception re violation of ordinance regulating behavior of child in a family with service needs in Subdiv. (2)(A)(i) and deleting reference to exception provided in Sec. 46b-148 in Subdiv. (2)(A)(iii), redefined child who may be adjudicated as delinquent while 16 or 17 years of age in Subdiv. (2)(B) by deleting reference to exception provided in Sec. 46b-148 in Subdiv. (2)(B)(iii) and redefined “delinquent act” by deleting exception re violation of ordinance regulating behavior of a child in a family with service needs in Subdiv. (7)(A) and by deleting reference to exception provided in Sec. 46b-148 in Subdiv. (7)(D), effective July 1, 2023.

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Sec. 46b-121. (Formerly Sec. 51-302). “Juvenile matters” defined. Authority of court. (a)(1) Juvenile matters in the civil session include all proceedings concerning uncared-for, neglected or abused children within this state, termination of parental rights of children committed to a state agency, adoption proceedings pursuant to section 46b-129b, contested matters involving termination of parental rights or removal of guardian transferred from the Probate Court and the emancipation of minors, but does not include matters of guardianship and adoption or matters affecting property rights of any child over which the Probate Court has jurisdiction, except that appeals from probate concerning adoption, termination of parental rights and removal of a parent as guardian shall be included.

(2) (A) Juvenile matters in the criminal session include all proceedings concerning delinquent children within this state and persons eighteen years of age and older who are under the supervision of a juvenile probation officer while on probation supervision or probation supervision with residential placement, for purposes of enforcing any court orders entered as part of such probation.

(B) A juvenile who has been placed on probation supervision is subject to the continuing jurisdiction of the court and may be subject to other reasonable court-ordered restrictions or conditions and required to participate in a variety of appropriate programmatic services.

(C) A juvenile who has been placed on probation supervision with residential placement is subject to the continuing jurisdiction of the court and may be subject to other reasonable court-ordered restrictions or conditions and required to participate in a variety of appropriate programmatic services.

(b) (1) In juvenile matters, the Superior Court shall have authority to make and enforce such orders directed to parents, including any person who acknowledges before the court parentage of a child born to parents not married to each other, guardians, custodians or other adult persons owing some legal duty to a child therein, as the court deems necessary or appropriate to secure the welfare, protection, proper care and suitable support of a child subject to the court's jurisdiction or otherwise committed to or in the custody of the Commissioner of Children and Families. The Superior Court may order a local or regional board of education to provide to the court educational records of a child for the purpose of determining the need for services or placement of the child. In proceedings concerning a child charged with a delinquent act, records produced subject to such an order shall be maintained under seal by the court and shall be released only after a hearing or with the consent of the child. Educational records obtained pursuant to this section shall be used only for dispositional purposes. In addition, with respect to proceedings concerning delinquent children, the Superior Court shall have authority to make and enforce such orders as the court deems necessary or appropriate to provide individualized supervision, care, accountability and treatment to such child in a manner consistent with public safety, deter the child from the commission of further delinquent acts, ensure that the child is responsive to the court process, ensure that the safety of any other person will not be endangered and provide restitution to any victim. The Superior Court shall also have authority to grant and enforce temporary and permanent injunctive relief in all proceedings concerning juvenile matters.

(2) If any order for the payment of money is issued by the Superior Court, including any order assessing costs issued under section 46b-134 or 46b-136, the collection of such money shall be made by the court, except orders for support of children committed to any state agency or department, which orders shall be made payable to and collected by the Department of Administrative Services. If the Superior Court after due diligence is unable to collect such moneys within six months, the court shall refer such case to the Department of Administrative Services for collection as a delinquent account. In juvenile matters, the Superior Court shall have authority to make and enforce orders directed to persons liable hereunder on petition of the Department of Administrative Services made to the court in the same manner as is provided in section 17b-745, in accordance with the provisions of section 17b-81 or 17b-223, subsection (b) of section 17b-179 or section 17a-90, 46b-129 or 46b-130, and all of the provisions of section 17b-745 shall be applicable to such proceedings.

(3) In the enforcement of the court's orders, in connection with any juvenile matter, the court may issue process for the arrest of any person, compel attendance of witnesses and punish for contempt by a fine not exceeding one hundred dollars or imprisonment not exceeding six months.

(1949 Rev., S. 2805; 1953, 1955, S. 1576d; 1969, P.A. 483; P.A. 75-171, S. 1, 2; 75-602, S. 3, 13; P.A. 76-436, S. 14, 681; P.A. 77-576, S. 41, 65; 77-614, S. 71, 610; P.A. 79-567, S. 2, 7; P.A. 80-70, S. 3; 80-401, S. 4; P.A. 82-472, S. 128, 183; P.A. 87-421, S. 9, 13; P.A. 89-219, S. 2, 10; 89-273, S. 1; P.A. 93-91, S. 1, 2; P.A. 95-225, S. 10; 95-254, S. 2; P.A. 98-256, S. 10; P.A. 00-170, S. 33, 42; 00-177, S. 2, 5; P.A. 06-196, S. 172; June Sp. Sess. P.A. 07-4, S. 74; Sept. Sp. Sess. P.A. 09-7, S. 70, 83; P.A. 11-157, S. 13; 11-240, S. 5, 6; P.A. 12-82, S. 17; P.A. 16-147, S. 6; P.A. 18-31, S. 27; P.A. 21-15, S. 116; P.A. 23-46, S. 12.)

History: 1969 act added exception re collection of money under support order by central collections division of finance and control department for children committed to care of welfare commissioner and added provision re petitions to juvenile court made by central collections division; P.A. 75-171 referred to children committed to “any state agency or department” rather than specifically to welfare commissioner; P.A. 75-602 added references to youths, made specific reference to children and youths in custody of children and youth services commissioner and specified that court has power to grant and enforce injunctive relief; P.A. 76-436 amended section to transfer juvenile court's powers to superior court, effective July 1, 1978; P.A. 77-576 included termination of parental rights of children committed to state agency and contested termination of parental rights transferred from probate court as juvenile matters; P.A. 77-614 replaced central collections division of finance and control department with department of administrative services; P.A. 79-567 specified that matters concerning families with service needs are to be considered as juvenile matters; Sec. 17-59 temporarily renumbered as Sec. 51-302 and ultimately transferred to Sec. 46b-121 in 1979; P.A. 80-70 updated sections referred to in provisions re petition to court; P.A. 80-401 changed effective date of P.A. 79-567 from July 1, 1980, to July 1, 1981; P.A. 82-472 replaced obsolete reference to “division” with “department of administrative services”; P.A. 87-421 removed a reference to Sec. 17-295a which was repealed by the same act; P.A. 89-219 added provision requiring the assessment of a fee of $200 whenever the services of the probation staff for juvenile matters is required; P.A. 89-273 included any order assessing costs issued under Sec. 46b-134 or 46b-136 among orders for the payment of money which the court is responsible for collecting on, required the court to refer any case where after due diligence it is unable to collect the moneys due within six months to the department of administrative services for collection as a delinquent account, and added provision re the authority of the court to enforce its orders through issuing process for the arrest of a person, compelling the attendance of witnesses and punishing for contempt, formerly Sec. 46b-148(a); P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 95-225 inserted Subsec. indicators, amended Subsec. (a) to provide that the matters specified constitute juvenile matters “in the civil session”, delete proceedings concerning “delinquent children” from such matters, include proceedings concerning “the emancipation of minors” in such matters and add provision that juvenile matters in the criminal session include all proceedings concerning delinquent children in the state and amended Subsec. (b) to add provision authorizing the court in proceedings concerning delinquent children to make and enforce orders to punish the child, deter the child from the commission of further delinquent acts, assure that the safety of any other person will not be endangered and provide restitution to any victim; P.A. 95-254 added provision including probate appeals re matters involving termination of parental rights, removal of parent as guardian and adoption; P.A. 98-256 amended Subsec. (a) to provide that juvenile matters in the criminal session include proceedings concerning “persons sixteen years of age and older who are under the supervision of a juvenile probation officer while on probation or a suspended commitment to the Department of Children and Families, for purposes of enforcing any court orders entered as part of such probation or suspended commitment”; P.A. 00-170 amended Subsec. (b) to delete a requirement that the court impose a fee for probation staff services, effective July 1, 2000; P.A. 00-177 extended provisions of section to youth in crisis and made technical changes in Subsec. (b) for purposes of gender neutrality, effective July 1, 2001; P.A. 06-196 made technical changes in Subsec. (a), effective June 7, 2006; June Sp. Sess. P.A. 07-4 inserted Subdiv. designators (1) and (2) in Subsecs. (a) and (b), deleted references to “youth in crisis”, substituted “eighteen years of age” for “sixteen years of age”, and made technical changes, effective January 1, 2010; Sept. Sp. Sess. P.A. 09-7 amended Subsec. (a)(2) to substitute “seventeen years of age” for “eighteen years of age” and amended Subsec. (b)(1) to add provisions re court orders for local or regional boards of education to provide educational records, and re maintenance, release and use of such records, effective January 1, 2010, and further amended Subsec. (a)(2) to substitute “eighteen years of age” for “seventeen years of age”, effective July 1, 2012; P.A. 11-157 amended Subsec. (b) to provide in Subdiv. (2) that no commitment to Department of Children and Families be ordered or continued for child who has attained age of 20, and that any commitment in effect on October 1, 2011, terminate not later than age 20, and to redesignate existing provisions re enforcement of court's orders as Subdiv. (3); P.A. 11-240 amended Subsec. (a)(1) by replacing “dependent” with “abused”, effective July 1, 2011; P.A. 12-82 amended Subsec. (a)(1) to add provision re adoption proceedings pursuant to Sec. 46b-129b (Revisor's note: An internal reference in P.A. 12-82, S. 17, to “section 501 of this act” was determined by the Revisors to properly refer to section 16 of said act and was therefore codified in Subsec. (a)(1) as “section 46b-129b”); P.A. 16-147 amended Subsec. (b)(1) by deleting references to youth, replacing provision re punishing child with provision re providing individualized supervision, care accountability and treatment, adding provision re ensuring child is responsive to court process and making a technical change; P.A. 18-31 amended Subsec. (a) by deleting references to youths in Subdiv. (1), designating existing provisions re proceedings included in juvenile matters in criminal sessions as Subdiv. (2)(A) and amending same by replacing “probation or a suspended commitment to the Department of Children and Families” with “probation supervision or probation supervision with residential placement” and deleting “or suspended commitment”, adding Subdiv. (2)(B) re juvenile placed on probation supervision, and adding Subdiv. (2)(C) re juvenile placed on probation supervision with residential placement, amended Subsec. (b) by deleting provisions re judge granting order that has same force and effect as any other order of Superior Court and termination of commitment to department, effective July 1, 2018; P.A. 21-15 amended Subsec. (b)(1) by replacing “paternity” with “parentage” and “out of wedlock” with “to parents not married to each other”, effective January 1, 2022; P.A. 23-46 amended Subsecs. (a)(1) and (b)(1) by deleting references to families with service needs, effective July 1, 2023.

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Sec. 46b-121b. Handling of juvenile matters. (a) The Division of Criminal Justice shall have charge of all proceedings concerning juvenile matters in the criminal session of the Superior Court.

(b) The Attorney General shall have charge of all proceedings concerning juvenile matters in the civil session of the Superior Court.

(P.A. 95-225, S. 45, 52; P.A. 23-46, S. 13.)

History: P.A. 95-225 effective July 1, 1996; P.A. 23-46 amended Subsec. (a) by deleting provision re proceedings concerning families with service needs in civil session of the Superior Court, effective July 1, 2023.

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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;

(22) The Secretary of the Office of Policy and Management, or the secretary's designee;

(23) Two children, youths or young adults under twenty-six years of age with lived experience in the juvenile justice system, one of whom shall be appointed by the house chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary and one of whom shall be appointed by the house ranking member of such joint committee;

(24) One community member who may be a family member of a child who has been involved with the juvenile justice system or a credible messenger with lived experience in the juvenile justice system and who works with youth in the juvenile justice system, nominated by the community expertise subcommittee and appointed by the chairpersons of this committee;

(25) One member of the Mashantucket Pequot Tribe, appointed by the tribe; and

(26) One member of the Mohegan Tribe of Indians of Connecticut, appointed by the tribe.

(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 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) The committee shall convene an education subcommittee to fulfill tasks, as directed by the committee, consult in the development of a plan pursuant to section 3 of public act 23-188*, and 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.

(s) The committee shall appoint persons to an incarceration subcommittee for purposes that include developing plans pursuant to section 3 of public act 23-188*, and to fulfill other tasks, as directed by the committee.

(t) The committee shall appoint persons to a community expertise subcommittee for purposes that include developing a plan pursuant to section 3 of public act 23-188*, and to fulfill other tasks, as directed by the committee.

(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; P.A. 23-188, S. 2; 23-204, S. 246.)

*Note: Section 3 of public act 23-188 is special in nature and therefore has not been codified but remains in full force and effect according to its terms.

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; P.A. 23-188 amended Subsec. (b) by adding Subdivs. (23) to (26) re new members, amended Subsec. (q) by deleting language re obsolete date, designating the subcommittee as an education subcommittee and adding language fulfilling tasks designated by committee and consulting in the development of a plan pursuant to public act 23-188, S. 3, and adding Subsec. (s) re incarceration subcommittee and Subsec. (t) re community expertise subcommittee, effective June 27, 2023; P.A. 23-204 amended Subsec. (h) by deleting reference to Sec. 2-111, effective July 1, 2023.

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Sec. 46b-122. (Formerly Sec. 51-303). Juvenile matters separated from other court business when practicable. Exclusion of persons from hearing. Exceptions. (a) All matters which are juvenile matters, as defined in section 46b-121, shall be kept separate and apart from all other business of the Superior Court as far as is practicable, except matters transferred under the provisions of section 46b-127, which matters shall be transferred to the regular criminal docket of the Superior Court.

(b) Except as provided in subsection (c) of this section, any judge hearing a juvenile matter may, during such hearing, exclude from the room in which such hearing is held any person whose presence is, in the court's opinion, not necessary, except that in delinquency proceedings, any victim and a victim's next of kin shall not be excluded unless, after hearing from the parties and the victim or a victim's next of kin and for good cause shown, which shall be clearly and specifically stated on the record, the judge orders otherwise. For the purposes of this section, “victim” means a person who is the victim of a delinquent act, a parent or guardian of such person, the legal representative of such person or a victim advocate for such person under section 54-220, and “next of kin” means a spouse, adult child, a parent, an adult sibling, an aunt, an uncle or a grandparent.

(c) Any judge hearing a juvenile matter, in which a child is alleged to be uncared for, neglected, abused or dependent or in which a child is the subject of a petition for termination of parental rights, may permit any person whom the court finds has a legitimate interest in the hearing or the work of the court to attend such hearing. Such person may include a party, foster parent, relative related to the child by blood or marriage, service provider or any person or representative of any agency, entity or association, including a representative of the news media. The court may, for the child's safety and protection and for good cause shown, prohibit any person or representative of any agency, entity or association, including a representative of the news media, who is present in court from further disclosing any information that would identify the child, the custodian or caretaker of the child or the members of the child's family involved in the hearing.

(d) Nothing in this section shall be construed to affect the confidentiality of records of cases of juvenile matters as set forth in section 46b-124 or the right of foster parents to be heard pursuant to subsection (p) of section 46b-129.

(P.A. 76-436, S. 8, 681; P.A. 77-576, S. 42, 65; P.A. 78-379, S. 10, 27; P.A. 95-225, S. 11; P.A. 03-202, S. 7; P.A. 05-169, S. 1; P.A. 09-194, S. 5; P.A. 10-43, S. 30; P.A. 11-51, S. 30; 11-240, S. 7; June 12 Sp. Sess. P.A. 12-1, S. 281; P.A. 23-46, S. 5.)

History: P.A. 77-576 deleted requirement that juvenile matters be dealt with in facilities separate from other superior court business and authorized hearing of family matters in same facilities as juvenile matters but at separate times to protect confidentiality; P.A. 78-379 deleted provision which authorized hearing of family matters in same facilities as juvenile matters and added provisions which authorized judge to exclude from hearing room persons whose presence is unnecessary and prohibited use of room regularly used for criminal business for hearing of juvenile matter; Sec. 51-303 transferred to Sec. 46b-122 in 1979 and other sections referred to in provisions revised where necessary to reflect their transfer; P.A. 95-225 deleted reference to matters transferred under Sec. “46b-126”, reflecting elimination of transfer provisions from Sec. 46b-126 by same public act, added provision prohibiting exclusion in delinquency proceedings of any victim of the delinquent act, the parents or guardian of the victim and any victim advocate unless the judge specifically orders otherwise, deleted prohibition on hearing a juvenile matter in a room regularly used for the transaction of criminal business and deleted obsolete provisions re transfer of matters from the juvenile court; P.A. 03-202 replaced “shall” with “may” re excluding persons from hearing room and made technical changes; P.A. 05-169 amended exception re exclusion of persons from hearing room by replacing provision re victim of delinquent act, parents or guardian of victim and victim advocate with provision re victim, adding provision re hearing from the parties and the victim and re good cause shown and stated on the record, defining “victim” to mean a person who is the victim of a delinquent act, a parent, guardian or legal representative of such person or an advocate appointed for such person, and making technical changes; P.A. 09-194 designated existing provisions as Subsec. (a), added exception therein for Subsec. (b), added Subsec. (b) establishing pilot program increasing public access to proceedings in which child is allegedly uncared for, neglected, abused or dependent or subject of petition for termination of parental rights and added Subsec. (c) re confidentiality of records of juvenile matters; P.A. 10-43 amended Subsec. (a) to replace “an advocate appointed for such person pursuant to section 54-221” with “a victim advocate for such person under section 54-220”; P.A. 11-51 designated portion of Subsec. (a) re exclusion from hearing room as Subsec. (b), deleted former Subsec. (b) re pilot program, added new Subsec. (c) re attendance of persons court finds has legitimate interest and prohibitions on further disclosure of information, redesignated existing Subsec. (c) as Subsec. (d) and amended same to add reference to right of foster parents to be heard under Sec. 46b-129(o), and made technical changes, effective July 1, 2011; P.A. 11-240 amended Subsec. (b) by deleting reference to “dependent” and making a technical change, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 amended Subsec. (d) to substitute reference to Sec. 46b-129(p) for reference to Sec. 46b-129(o); P.A. 23-46 amended Subsec. (b) by defining “next of kin” and adding references to victim's next of kin, effective July 1, 2023.

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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, (J) judges and employees of the Probate Court who, in the performance of their duties, require access to such records, and (K) members and employees of the Judicial Review Council who, in the performance of their duties related to said council, require access to such records; and (2) all or part of the records concerning a youth in crisis with respect to whom a court order was issued prior to January 1, 2010, may be made available to the Department of Motor Vehicles, provided such records are relevant to such order. Any records of cases of juvenile matters, or any part thereof, provided to any persons, governmental or private agencies, or institutions pursuant to this section shall not be disclosed, directly or indirectly, to any third party not specified in subsection (d) of this section, except as provided by court order, in the report required under section 54-76d or 54-91a or as otherwise provided by law.

(c) All records of cases of juvenile matters involving delinquency proceedings, or any part thereof, shall be confidential and for the use of the court in juvenile matters and shall not be disclosed except as provided in this section and section 46b-124a.

(d) Records of cases of juvenile matters involving delinquency proceedings shall be available to (1) Judicial Branch employees who, in the performance of their duties, require access to such records, (2) judges and employees of the Probate Court who, in the performance of their duties, require access to such records, and (3) employees and authorized agents of municipal, state or federal agencies involved in (A) the delinquency proceedings, (B) the provision of services directly to the child, (C) the delivery of court diversionary programs, or (D) the evaluation of a proposed transfer of a firearm to a person under the age of twenty-one, as required by Title II, Section 12001 of the Bipartisan Safer Communities Act, Public Law 117-159, as amended from time to time. 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 under the oversight of the department's administrative unit pursuant to section 17a-3b, provided such disclosure shall be limited to information that identifies the child as residing in a justice facility or incarcerated, or, if the child is committed pursuant to section 46b-129, provided such disclosure shall be limited to (i) information that identifies the child as the subject of the delinquency petition, or (ii) the records of the delinquency proceedings, when the juvenile court orders the department to provide services to said child, the Court Support Services Division and agencies under contract with the Judicial Branch. Such records shall also be available to (I) the attorney representing the child, including the Division of Public Defender Services, in any proceeding in which such records are relevant, (II) the parents or guardian of the child, until such time as the subject of the record reaches the age of majority, (III) the subject of the record, upon submission of satisfactory proof of the subject's identity, pursuant to guidelines prescribed by the Office of the Chief Court Administrator, provided the subject has reached the age of majority, (IV) law enforcement officials and prosecutorial officials conducting legitimate criminal investigations, as provided in subsection (o) of this section or orders to detain pursuant to section 46b-133, (V) a state or federal agency providing services related to the collection of moneys due or funding to support the service needs of eligible juveniles, provided such disclosure shall be limited to that information necessary for the collection of and application for such moneys, (VI) members and employees of the Board of Pardons and Paroles and employees of the Department of Correction who, in the performance of their duties, require access to such records, provided the subject of the record has been convicted of a crime in the regular criminal docket of the Superior Court and such records are relevant to the performance of a risk and needs assessment of such person while such person is incarcerated, the determination of such person's suitability for release from incarceration or for a pardon, or the determination of the supervision and treatment needs of such person while on parole or other supervised release, and (VII) members and employees of the Judicial Review Council who, in the performance of their duties related to said council, require access to such records. Records disclosed pursuant to this subsection shall not be further disclosed, except that information contained in such records may be disclosed in connection with bail or sentencing reports in open court during criminal proceedings involving the subject of such information, or as otherwise provided by law.

(e) Records of cases of juvenile matters involving delinquency proceedings, or any part thereof, may be disclosed upon order of the court to any person who has a legitimate interest in the information and is identified in such order. Records disclosed pursuant to this subsection shall not be further disclosed, except as specifically authorized by a subsequent order of the court.

(f) Information concerning a child who is the subject of an order to take such child into custody or other process that has been entered into a central computer system pursuant to subsection (i) of section 46b-133 may be disclosed to employees and authorized agents of the Judicial Branch, law enforcement agencies and the Department of Children and Families, provided the information is limited to a child who has been committed pursuant to section 46b-129, in accordance with policies and procedures established by the Chief Court Administrator.

(g) Information concerning a child who has absconded, escaped or run away from, or failed to return from an authorized leave to, a juvenile residential center or a residential treatment facility in which the child has been placed by a court order in a delinquency case, or for whom an arrest warrant has been issued with respect to the commission of a felony may be disclosed by law enforcement officials.

(h) Nothing in this section shall be construed to prohibit any person employed by the Judicial Branch from disclosing any records, information or files in such employee's possession to any person employed by the Division of Criminal Justice as a prosecutorial official, inspector or investigator who, in the performance of his or her duties, requests such records, information or files, or to prohibit any such employee of said division from disclosing any records, information or files in such employee's possession to any such employee of the Judicial Branch who, in the performance of his or her duties, requests such records, information or files.

(i) Nothing in this section shall be construed to prohibit a party from making a timely objection to the admissibility of evidence consisting of records of cases of juvenile matters, or any part thereof, in any Superior Court or Probate Court proceeding, or from making a timely motion to seal any such record pursuant to the rules of the Superior Court or the rules of procedure adopted under section 45a-78.

(j) A state's attorney shall disclose to the defendant or such defendant's counsel in a criminal prosecution, without the necessity of a court order, exculpatory information and material contained in any record disclosed to such state's attorney pursuant to this section and may disclose, without a court order, information and material contained in any such record which could be the subject of a disclosure order.

(k) (1) Notwithstanding the provisions of subsection (d) of this section, any information concerning a child that is obtained during any mental health screening or assessment of such child, shall be used solely for planning and treatment purposes and shall otherwise be confidential and retained in the files of the entity performing such screening or assessment. Such information may be further disclosed only for the purposes of any court-ordered evaluation or treatment of the child or provision of services to the child, or pursuant to sections 17a-101 to 17a-101e, inclusive, 17b-450, 17b-451 or 51-36a, or to the Court Support Services Division and its contracted quality assurance providers, for program evaluation purposes. Such information shall not be subject to subpoena or other court process for use in any other proceeding or for any other purpose.

(2) Notwithstanding the provisions of subsection (d) of this section, any information concerning a child that is obtained during any detention risk screening of such child shall be used solely for determining the child's risk to public safety as required by subsection (e) of section 46b-133. The information obtained and results of the detention risk screening shall be used for the purpose of making a recommendation to the court regarding the detention of the child and shall otherwise be confidential and retained in the files of the person performing such screening, but shall be disclosed to any attorney of record upon motion and order of the court. Any information and results disclosed upon such motion and order shall be available to any attorney of record for such case. Such information and results shall otherwise not be subject to subpoena or other court process for use in any other proceeding or for any other purpose.

(3) Notwithstanding the provisions of subsection (d) of this section, any information concerning a child that is obtained during any risk and behavioral health screening of such child shall be used solely for determining the child's eligibility for community diversion and nonjudicial handling. The information obtained and results of the risk and behavioral health screening shall be used for the purpose of identifying appropriate treatment and interventions 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.

(o) A law enforcement official conducting a legitimate criminal investigation may have direct electronic access to the following information concerning a child who is subject to such investigation: (1) Pending juvenile delinquency charges; and (2) any suspended detention orders or prior juvenile adjudications during the ninety days prior to the initiation of such investigation.

(1969, P.A. 794, S. 3; P.A. 75-602, S. 2, 13; P.A. 76-436, S. 13, 681; P.A. 77-246, S. 11; 77-486, S. 1, 2, 5; P.A. 78-280, S. 92, 127; 78-318, S. 27; P.A. 79-456; P.A. 80-165, S. 1; P.A. 81-472, S. 82, 159; P.A. 82-140, S. 1; P.A. 93-48; P.A. 94-221, S. 15; July Sp. Sess. P.A. 94-2, S. 10; P.A. 95-225, S. 12; 95-254, S. 3; 95-261, S. 1; P.A. 96-246, S. 35; P.A. 98-70, S. 1; P.A. 99-185, S. 35, 40; P.A. 02-132, S. 22; P.A. 03-202, S. 8; P.A. 04-234, S. 2; P.A. 05-152, S. 9; P.A. 06-187, S. 75; June Sp. Sess. P.A. 07-4, S. 81; Jan. Sp. Sess. P.A. 08-1, S. 23; P.A. 08-86, S. 4; P.A. 10-32, S. 140; 10-43, S. 31; June Sp. Sess. P.A. 10-1, S. 29; P.A. 11-51, S. 15; 11-157, S. 14, 15; P.A. 12-82, S. 18; 12-133, S. 34; P.A. 14-104, S. 10; 14-173, S. 2; P.A. 16-147, S. 4; P.A. 17-99, S. 2; June Sp. Sess. P.A. 17-2, S. 147, 593; P.A. 18-31, S. 30; P.A. 19-32, S. 14; P.A. 21-104, S. 25–27; 21-174, S. 14; P.A. 22-26, S. 9; 22-115, S. 5, 19; P.A. 23-25, S. 1; 23-46, S. 7, 22.)

History: P.A. 75-602 added reference to youths; P.A. 76-436 replaced references to juvenile court with references to superior court and juvenile matters and added Subsec. (b) re confidentiality of complaint or information transferred from circuit to juvenile court before October 1, 1971, effective July 1, 1978; P.A. 77-246 required that records be available to adult adopted persons; P.A. 77-486 added provisions requiring that records be available to judges and adult probation officers for consideration in sentencing or granting youthful offender status for person under twenty-one; P.A. 78-280 added exception re Sec. 54-76d or 54-109 in provision prohibiting disclosure to third party; P.A. 78-318 authorized disclosure to another court in custody proceedings; P.A. 79-456 required superior court order for disclosure of records to “bona fide researchers commissioned by a state agency”; Sec. 17-57a temporarily renumbered as Sec. 51-305 and ultimately transferred to Sec. 46b-124 in 1979, and references to other sections within provisions revised as necessary by the Revisors to reflect their transfer; P.A. 80-165 authorized disclosure of information concerning disposition of criminal case to the victim of the crime if juvenile's identity is not revealed; P.A. 81-472 made technical corrections; P.A. 82-140 amended Subsec. (a) to permit disclosure of identity of child or youth to victim if the victim intends to bring a civil action for damages or if the child or youth is adjudicated delinquent; P.A. 93-48 added provision in Subsec. (a) re disclosure of records concerning adjudications re child abuse to state's attorney and added Subsec. (c) re disclosure of exculpatory information and material contained in disclosed record by state's attorney to defendant; P.A. 94-221 added Subsecs. (a)(4) re availability of information on the identity of a child arrested for a felony and the nature of the offense and (a)(5) re availability of information on the identity of a child adjudicated a delinquent as a result of a felony; July Sp. Sess. P.A. 94-2 added Subsec. (a)(4) re availability to a state's attorney of records concerning adjudications involving certain firearm-related offenses, renumbering the remaining Subdivs. accordingly, and amended Subsec. (c) to add reference to said Subdiv. (4); P.A. 95-225 substantially revised section by amending Subsec. (a) to add exception for proceedings concerning delinquent children, deleting former Subdivs. (2) to (6), inclusive, re specific exceptions to the prohibition on disclosure, deleting provision making delinquency records of any person who has not attained the age of 21 available to a judge and an adult probation officer in certain circumstances and provide that the prohibition on disclosure to a third party applies to a third party “not specified in subsection (c) of this section”, deleting former Subsec. (b) re confidentiality of records transferred from the Circuit Court to the Juvenile Court prior to October 1, 1971, adding new Subsec. (b) re confidentiality of records of cases of juvenile matters involving proceedings concerning delinquent children, adding new Subsec. (c) re disclosure of delinquency records to certain individuals and agencies, adding Subsec. (d) re disclosure of delinquency records to persons with a legitimate interest therein upon order of the court, adding Subsec. (e) re availability of delinquency records to the victim of the crime, adding Subsec. (f) re disclosure of information concerning a child who has escaped or for whom an arrest warrant has been issued, adding Subsec. (g) re exchange of information between certain employees of the Judicial Department and the Division of Criminal Justice, and redesignating former Subsec. (c) re disclosure of information by a state's attorney to the defendant or his counsel as Subsec. (h) and amended said Subsec. to make technical changes; P.A. 95-254 amended Subsec. (a) by applying provisions to records of appeals from probate brought to Juvenile Court pursuant to Sec. 45a-186(b) and to add provision making such records available to court of probate from which such appeal was taken; P.A. 95-261 would have amended Subsec. (a) specifying Office of Adult Probation and Office of the Bail Commission as agencies which may obtain delinquency records where previous availability was limited to adult probation officers, but failed to take effect, P.A. 95-225 having repealed language on which the changes relied; P.A. 96-246 added Subsec. (a)(3) re psychological evaluations being available to Commissioner of Children and Families for purposes of diagnosing, caring for or treating child; P.A. 98-70 amended Subsec. (a) by deleting “concerning delinquent children” and adding “delinquency” and by deleting former Subdiv. (3) and adding availability of records to attorney, including public defender, for child or youth, parents or guardian, employees of Division of Criminal Justice, employees of judicial branch, another court, the subject of the record, provided subject provides proof of identity and has reached the age of majority or is emancipated, and the Department of Children and Families; amended Subsec. (b) by deleting “concerning delinquent children” and adding “delinquency”; amended Subsec. (c) by providing availability of records re delinquency proceedings to judicial branch employees, employees and certain authorized agents of state or federal agencies, including Division of Public Defender Services, Office of Adult Probation, Office of Bail Commissioner, Board of Parole and agencies under contract with Office of Alternative Sanctions, to parent or guardian, to the subject of the record upon proof of identity and reaching age of majority and to a state or federal agency providing funding to support needs of eligible juveniles, and by adding provision re disclosure in connection with bail or sentencing reports; amended Subsecs. (d) and (e) by deleting “concerning a delinquent child” and adding “delinquency”; and amended Subsec. (g) by deleting “as a juvenile prosecutor, inspector or investigator”; P.A. 99-185 amended Subsec. (a)(2) by changing reference to Sec. 46b-111 to Sec. 46b-115j(d), effective July 1, 2000; P.A. 02-132 amended Subsec. (c) by replacing “Office of Adult Probation, the Office of the Bail Commissioner” with “Court Support Services Division”, replacing “Office of Alternative Sanctions” with “Judicial Department” and making a technical change; P.A. 03-202 added new Subsec. (a) defining “records of cases of juvenile matters”, redesignated existing Subsecs. (a) to (h) as Subsecs. (b) to (i), replaced references to “Judicial Department” with references to “judicial branch” and made technical and conforming changes; P.A. 04-234 replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004; P.A. 05-152 amended Subsec. (a) by inserting “juvenile” in reference to “probation officers”, amended Subsec. (b) by making technical changes and adding Subdiv. (3) re records concerning youth in crisis made available to Department of Motor Vehicles, and added Subsec. (j) re information obtained during mental health screening or assessment of a child; P.A. 06-187 amended Subsec. (b)(2) by adding Subpara. (I) permitting records of cases of juvenile matters to be made available to employees of Commission on Child Protection in performance of duties requiring access to such records; June Sp. Sess. P.A. 07-4 amended Subsec. (b)(3) to insert “was issued prior to January 1, 2010,” and delete reference to Sec. 46b-150f(c)(1), effective January 1, 2010; Jan. Sp. Sess. P.A. 08-1 amended Subsec. (d) to delete officials of Board of Pardons and Paroles from list of employees and authorized agents to whom records are available and add clause (vi) re availability of records to members and employees of Board of Pardons and Paroles and employees of Department of Correction, effective January 25, 2008; P.A. 08-86 amended Subsec. (j) to add provisions re information obtained during the provision of services pursuant to Sec. 46b-149(b) or performance of an educational evaluation pursuant to Sec. 46b-149(e); P.A. 10-32 made a technical change in Subsec. (b), effective May 10, 2010; P.A. 10-43 amended Subsec. (d) to delete advocate appointed pursuant to Sec. 54-221 for victim of a crime committed by the child from list of employees and authorized agents to whom records are available and make technical changes; June Sp. Sess. P.A. 10-1 added Subsec. (k) re disclosure of delinquency conviction for violation of enumerated sections to Department of Motor Vehicles for administrative use re child's license, effective July 1, 2010; P.A. 11-51 amended Subsec. (b)(2)(I) to substitute “Division of Public Defender Services” for “Commission on Child Protection” and add “related to Division of Public Defender Services assigned counsel” re duties, effective July 1, 2011; P.A. 11-157 amended Subsecs. (e) and (f) to add “except as specifically authorized by a subsequent order of the court”, and amended Subsec. (k) to add reference to Sec. 14-224(a); P.A. 12-82 added Subsec. (l) re confidentiality of records of cases of juvenile matters involving adoption proceedings; P.A. 12-133 amended Subsec. (d) to add Subdiv. (2)(D) re availability of records to persons involved in delivery of court diversionary programs and add “community-based youth service bureau officials” as persons to whom records are made available; P.A. 14-104 amended Subsec. (b) to delete former Subdiv. (1) re records of matter transferred from court of probate or appeal from probate, redesignate existing Subdivs. (2) and (3) as Subdivs. (1) and (2), add Subdiv. (1)(J) re judges and employees of Probate Court who require access to records in performance of their duties, and add provision re disclosure of records as otherwise provided by law, amended Subsec. (d) to add new Subdiv. (2) re judges and employees of Probate Court who require access to records in performance of their duties, redesignate existing Subdiv. (2) as Subdiv. (3), and add provision re records disclosed may be further disclosed as otherwise provided by law, added new Subsec. (i) re nothing in section to be construed to prohibit timely objection to admissibility of evidence or timely motion to seal record, redesignated existing Subsecs. (i) to (l) as Subsecs. (j) to (m), and made technical changes throughout; P.A. 14-173 amended Subsec. (b) to delete former Subdiv. (1) re records of matter transferred from court of probate or appeal from probate, redesignate existing Subdivs. (2) and (3) as Subdivs. (1) and (2), add Subdiv. (1)(J) re judges and employees of Probate Court who require access to records in performance of their duties, and add provision re disclosure of records as otherwise provided by law, amended Subsec. (d) to add new Subdiv. (2) re judges and employees of Probate Court who require access to records in performance of their duties, redesignate existing Subdiv. (2) as Subdiv. (3), and add provision re records disclosed may be further disclosed as otherwise provided by law, added new Subsec. (g) re information concerning child who is the subject of an order to take into custody or other process entered into central computer system, redesignated existing Subsecs. (g) and (h) as Subsecs. (h) and (i), added new Subsec. (j) re nothing in section to be construed to prohibit timely objection to admissibility of evidence or timely motion to seal record, redesignated existing Subsecs. (i) to (l) as Subsecs. (k) to (n), and made technical changes throughout; P.A. 16-147 amended Subsec. (l) to add provisions re detention screening, effective January 1, 2017; P.A. 17-99 amended Subsec. (c) by adding reference to Sec. 46b-124a, deleted former Subsec. (f) re availability of records of cases of juvenile matters to victim of crime committed by child, redesignated existing Subsecs. (g) to (n) as Subsecs. (f) to (m) and added new Subsec. (n) re availability of records of cases of juvenile matters involving delinquency proceedings to victim of delinquent act; P.A. 17-99 amended Subsec. (c) by adding reference to Sec. 46b-124a, deleted former Subsec. (f) re availability of records of cases of juvenile matters to victim of crime committed by child, redesignated existing Subsecs. (g) to (n) as Subsecs. (f) to (m) and added new Subsec. (n) re availability of records of cases of juvenile matters involving delinquency proceedings to victim of delinquent act; June Sp. Sess. P.A. 17-2 amended Subsec. (k) by deleting reference to detention screening, designating existing provisions re information obtained during screening or assessment as Subdiv. (1) and by adding Subdiv. (2) re information obtained during detention risk screening, effective October 31, 2017, and deleted provision re provision of services pursuant to Sec. 46b-149(b) or performance of evaluation pursuant to Sec. 46b-149(e) in Subsec. (k)(1), effective July 1, 2019; P.A. 18-31 amended Subsec. (b) by deleting references to youth, amended Subsec. (d) by deleting Subpara. (C) re design and delivery of treatment programs, and redesignating existing Subpara. (D) as Subpara. (C) in Subdiv. (3), adding provision re child committed pursuant to Sec. 46b-129, and redesignating clauses (i) to (vi) as subclauses (I) to (VI), amended Subsec. (f) by adding provision re information to be limited to child who has been committed pursuant to Sec. 46b-129, amended Subsec. (g) by replacing “child who has escaped from a detention center or from a facility to which the child has been committed by the court” with “child who has absconded, escaped or run away from, or failed to return from an authorized leave to, a detention center or a residential treatment facility in which the child has been placed by a court order in a delinquency case”, and amended Subsec. (l) by replacing “convicted” with “adjudicated” and adding references to Secs. 14-227a, 14-227g, 21a-267(d) and 21a-279a, effective July 1, 2018; P.A. 19-32 made a technical change in Subsec. (l); P.A. 21-104 amended Subsec. (b)(1) to add Subpara. (K) re Judicial Review Council, and amended Subsec. (d) to add Subdiv. (3)(C)(ii)(VII) re members and employees of Judicial Review Council, effective June 28, 2021, and amended Subsec. (g) to replace “detention center” with “juvenile residential center”, effective January 1, 2022; P.A. 21-174 added language re Court Support Services Division and quality assurance providers for program evaluation purposes in Subsec. (k)(1), effective July 12, 2021; P.A. 22-26 amended Subsec. (d)(3)(ii)(IV) by adding or seeking an order to detain pursuant to Sec. 46b-133, effective May 10, 2022; P.A. 22-115 amended Subsec. (d)(3) to add municipal agencies and reference to Subsec. (o) and orders to detain pursuant to Sec. 46b-133 in Subpara. (C)(ii)(IV) and added Subsec. (o) re direct electronic access to certain information, effective June 1, 2023; P.A. 23-25 amended Subsec. (d)(3) by adding Subpara. (D) re evaluation of proposed transfer of firearm to person under age 21, effective July 1, 2023; P.A. 23-46 amended Subsec. (d) by adding that records may be available to employees of Department of Children and Families if the child is under oversight of department's administrative unit pursuant to Sec. 17a-3b provided disclosure is limited to information that identifies the child as residing in a justice facility or incarcerated and added Subsec. (k)(3) re use of information concerning child obtained during a risk and behavioral health screening of the child, effective July 1, 2023.

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Sec. 46b-128a. Competency determinations in juvenile matters. (a) In any juvenile matter, as defined in section 46b-121, in which a child or youth is alleged to have committed a delinquent act, the child or youth shall not be tried, convicted, adjudicated or subject to any disposition pursuant to section 46b-140 while the child or youth is not competent. For the purposes of this section, a transfer to the regular criminal docket of the Superior Court pursuant to section 46b-127 shall not be considered a disposition. A child or youth is not competent if the child or youth is unable to understand the proceedings against him or her or to assist in his or her own defense.

(b) If, at any time during a proceeding on a juvenile matter, it appears that the child or youth is not competent, counsel for the child or youth, the prosecutorial official, or the court, on its own motion, may request an examination to determine the child's or youth's competency. Whenever a request for a competency examination is under consideration by the court, the child or youth shall be represented by counsel in accordance with the provisions of sections 46b-135 and 46b-136.

(c) A child or youth alleged to have committed an offense is presumed to be competent. The age of the child or youth is not a per se determinant of incompetency. The burden of going forward with the evidence and proving that the child or youth is not competent by a preponderance of the evidence shall be on the party raising the issue of competency, except that if the court raises the issue of competency, the burden of going forward with the evidence shall be on the state. The court may call its own witnesses and conduct its own inquiry.

(d) If the court finds that the request for a competency examination is justified and that there is probable cause to believe that the child or youth has committed the alleged offense, the court shall order a competency examination of the child or youth. Competency examinations shall be conducted, within available appropriations, by (1) a clinical team constituted under policies and procedures established by the Chief Court Administrator, or (2) if agreed to by all parties, a physician specializing in psychiatry who has experience in conducting forensic interviews and in child and adult psychiatry. Any clinical team constituted under this section shall consist of three persons: A clinical psychologist with experience in child and adolescent psychology, and two of the following three types of professionals: (A) A clinical social worker licensed pursuant to chapter 383b, (B) a child and adolescent psychiatric nurse clinical specialist holding a master's degree in nursing, or (C) a physician specializing in psychiatry. At least one member of the clinical team shall have experience in conducting forensic interviews and at least one member of the clinical team shall have experience in child and adolescent psychology. The court may authorize a physician, a clinical psychologist, a child and adolescent psychiatric nurse specialist or a clinical social worker licensed pursuant to chapter 383b, selected by the child or youth, to observe the examination, at the expense of the child or youth or, if the child or youth is represented by counsel appointed through the Public Defender Services Commission, the Office of the Chief Public Defender. In addition, counsel for the child or youth, his or her designated representative and, if the child or youth is represented by a public defender, a social worker from the Division of Public Defender Services, may observe the examination.

(e) The examination shall be completed not later than fifteen business days after the date it was ordered, unless the time for completion is extended by the court for good cause shown. The members of the clinical team or the examining physician shall prepare and sign, without notarization, a written report and file such report with the court not later than twenty-one business days after the date of the order. The report shall address the child's or youth's ability to understand the proceedings against such child or youth and such child's or youth's ability to assist in his or her own defense. If the opinion of the clinical team or the examining physician set forth in such report is that the child cannot understand the proceedings against such child or youth or is not able to assist in his or her own defense, the members of the team or the examining physician must determine and address in their report: (1) Whether there is a substantial probability that the child or youth will attain or regain competency within ninety days of an intervention being ordered by the court; and (2) the nature and type of intervention, in the least restrictive setting possible, recommended to attain or regain competency. On receipt of the written report, the clerk of the court shall cause copies of such written report to be delivered to counsel for the state and counsel for the child or youth at least forty-eight hours prior to the hearing held under subsection (f) of this section.

(f) The court shall hold a hearing as to the competency of the child or youth not later than ten business days after the court receives the written report of the clinical team or the examining physician pursuant to subsection (e) of this section. A child or youth may waive such evidentiary hearing only if the clinical team or examining physician has determined without qualification that the child or youth is competent. Any evidence regarding the child's or youth's competency, including, but not limited to, the written report, may be introduced in evidence at the hearing by either the child or youth or the state. If the written report is introduced as evidence, at least one member of the clinical team or the examining physician shall be present to testify as to the determinations in the report, unless the clinical team's or the examining physician's presence is waived by the child or youth and the state. Any member of the clinical team shall be considered competent to testify as to the clinical team's determinations.

(g) (1) If the court, after the competency hearing, finds by a preponderance of the evidence that the child or youth is competent, the court shall continue with the prosecution of the juvenile matter.

(2) If the court, after the competency hearing, finds that the child or youth is not competent, the court shall determine: (A) Whether there is a substantial probability that the child or youth will attain or regain competency within ninety days of an intervention being ordered by the court; and (B) whether the recommended intervention to attain or regain competency is appropriate. In making its determination on an appropriate intervention, the court may consider: (i) The nature and circumstances of the alleged offense; (ii) the length of time the clinical team or examining physician estimates it will take for the child or youth to attain or regain competency; (iii) whether the child or youth poses a substantial risk to reoffend; and (iv) whether the child or youth is able to receive community-based services or treatment that would prevent the child or youth from reoffending.

(h) If the court finds that there is not a substantial probability that the child or youth will attain or regain competency within ninety days or that the recommended intervention to attain or regain competency is not appropriate, the court may issue an order in accordance with subsection (k) of this section.

(i) (1) If the court finds that there is a substantial probability that the child or youth will attain or regain competency within ninety days if provided an appropriate intervention, the court shall schedule a hearing on the implementation of such intervention within five business days.

(2) An intervention implemented for the purpose of restoring competency shall comply with the following conditions: (A) The period of intervention shall not exceed ninety days, unless extended for an additional ninety days in accordance with the criteria set forth in subsection (j) of this section; and (B) the intervention services shall be provided by the Department of Children and Families or, if the child's or youth's parent or guardian agrees to pay for such services, by any appropriate person, agency, mental health facility or treatment program that agrees to provide appropriate intervention services in the least restrictive setting available to the child or youth and comply with the requirements of this section.

(3) Prior to the hearing, the court shall notify the Commissioner of Children and Families, the commissioner's designee or the appropriate person, agency, mental health facility or treatment program that has agreed to provide appropriate intervention services to the child or youth that an intervention to attain or regain competency will be ordered. The commissioner, the commissioner's designee or the appropriate person, agency, mental health facility or treatment program shall be provided with a copy of the report of the clinical team or examining physician and shall report to the court on a proposed implementation of the intervention prior to the hearing.

(4) At the hearing, the court shall review the written report and order an appropriate intervention for a period not to exceed ninety days in the least restrictive setting available to restore competency. In making its determination, the court shall use the criteria set forth in subdivision (2) of subsection (g) of this section. Upon ordering an intervention, the court shall set a date for a hearing, to be held at least ten business days after the completion of the intervention period, for the purpose of reassessing the child's or youth's competency.

(j) (1) At least ten business days prior to the date of any scheduled hearing on the issue of the reassessment of the child's or youth's competency, the Commissioner of Children and Families, the commissioner's designee or other person, agency, mental health facility or treatment program providing intervention services to restore a child or youth to competency shall report on the progress of such intervention services to the clinical team or examining physician.

(2) Upon receipt of the report on the progress of such intervention, the child or youth shall be reassessed by the original clinical team or examining physician, except that if the original team or examining physician is unavailable, the court may appoint a new clinical team that, where possible, shall include at least one member of the original team, or a new examining physician. The new clinical team or examining physician shall have the same qualifications as the original team or examining physician, as provided in subsection (d) of this section, and shall have access to clinical information available from the provider of the intervention services. Not less than two business days prior to the date of any scheduled hearing on the reassessment of the child's or youth's competency, the clinical team or examining physician shall submit a report to the court that includes: (A) The clinical findings of the provider of the intervention services and the facts upon which the findings are made; (B) the clinical team's or the examining physician's opinion on whether the child or youth has attained or regained competency or is making progress toward attaining or regaining competency within the period covered by the intervention order; and (C) any other information concerning the child or youth requested by the court, including, but not limited to, the method of intervention or the type, dosage and effect of any medication the child or youth is receiving.

(3) Within two business days of the filing of a reassessment report, the court shall hold a hearing to determine if the child or youth has attained or regained competency within the period covered by the intervention order. If the court finds that the child or youth has attained or regained competency, the court shall continue with the prosecution of the juvenile matter. If the court finds that the child or youth has not attained or regained competency within the period covered by the intervention order, the court shall determine whether further efforts to attain or regain competency are appropriate. The court shall make its determination of whether further efforts to attain or regain competency are appropriate in accordance with the criteria set forth in subdivision (2) of subsection (g) of this section. If the court finds that further intervention to attain or regain competency is appropriate, the court shall order a new period for restoration of competency not to exceed ninety days. If the court finds that further intervention to attain or regain competency is not appropriate or the child or youth has not attained or regained competency after an additional intervention of ninety days, the court shall issue an order in accordance with subsection (k) of this section.

(k) (1) If the court determines after the period covered by the intervention order that the child or youth has not attained or regained competency and that there is not a substantial probability that the child or youth will attain or regain competency, or that further intervention to attain or regain competency is not appropriate based on the criteria set forth in subdivision (2) of subsection (g) of this section, the court shall: (A) Dismiss the petition if it is a delinquency petition; (B) vest temporary custody of the child or youth in the Commissioner of Children and Families and notify the Office of the Chief Public Defender, which shall assign an attorney to serve as guardian ad litem for the child or youth and investigate whether a petition should be filed under section 46b-129; or (C) order that the Department of Children and Families or some other person, agency, mental health facility or treatment program, or such child's or youth's probation officer, conduct or obtain an appropriate assessment and, where appropriate, propose a plan for services that can appropriately address the child's or youth's needs in the least restrictive setting available and appropriate. Any plan for services may include a plan for interagency collaboration for the provision of appropriate services after the child or youth attains the age of eighteen.

(2) Not later than ten business days after the issuance of an order pursuant to subparagraph (B) or (C) of subdivision (1) of this subsection, the court shall hold a hearing to review the order of temporary custody or any recommendations of the Department of Children and Families, such probation officer or such attorney or guardian ad litem for the child or youth.

(3) If the child or youth is adjudicated neglected, uncared-for or abused subsequent to such a petition being filed, or if a plan for services pursuant to subparagraph (C) of subdivision (1) of this subsection has been approved by the court and implemented, the court may dismiss the delinquency petition, or, in the discretion of the court, order that the prosecution of the case be suspended for a period not to exceed eighteen months. During the period of suspension, the court may order the Department of Children and Families to provide periodic reports to the court to ensure that appropriate services are being provided to the child or youth. If during the period of suspension, the child or youth or the parent or guardian of the child or youth does not comply with the requirements set forth in the plan for services, the court may hold a hearing to determine whether the court should follow the procedure under subparagraph (B) of subdivision (1) of this subsection for instituting a petition alleging that a child is neglected, uncared for or abused. Whenever the court finds that the need for the suspension of prosecution is no longer necessary, but not later than the expiration of such period of suspension, the delinquency petition shall be dismissed.

(June 12 Sp. Sess. P.A. 12-1, S. 268; P.A. 23-46, S. 14, 15.)

History: P.A. 23-46 amended Subsec. (a) by deleting references to act or omission for which a petition may be filed under Sec. 46b-149 and amended Subsecs. (k)(1) and (k)(3) by deleting references to family with service needs petition, effective July 1, 2023.

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Sec. 46b-129a. Examination by physician, psychiatrist or psychologist. Counsel and guardian ad litem. Testimony. Evidence. In proceedings in the Superior Court under section 46b-129:

(1) The court may order the child, the parents, the guardian, or other persons accused by a competent witness of abusing the child, to be examined by one or more competent physicians, psychiatrists or psychologists appointed by the court;

(2) (A) A child shall be represented by counsel knowledgeable about representing such children who shall be assigned to represent the child by the office of Chief Public Defender, or appointed by the court if there is an immediate need for the appointment of counsel during a court proceeding. Such assignment or appointment shall continue for the duration of any such proceeding under section 46b-129, notwithstanding such child's attainment of eighteen years of age. If the child's parent or guardian has been accused by a competent witness of abusing the child, or of causing the child to be neglected or uncared for, upon the assignment or appointment of counsel, such counsel shall be granted immediate access to (i) records relating to the child, including, but not limited to, Department of Social Services records and medical, mental health and substance abuse treatment, law enforcement and educational records, without the necessity of securing further releases, and (ii) the child, for the purpose of consulting with the child privately. The court shall give the parties prior notice of such assignment or appointment. Counsel for the child shall act solely as attorney for the child.

(B) If a child requiring assignment of counsel in a proceeding under section 46b-129 is represented by an attorney for a minor child in an ongoing probate or family matter proceeding, the court may appoint the attorney to represent the child in the proceeding under section 46b-129, provided (i) such counsel is knowledgeable about representing such children, and (ii) the court notifies the office of Chief Public Defender of the appointment. Any child who is subject to an ongoing probate or family matters proceeding who has been appointed a guardian ad litem in such proceeding shall be assigned a separate guardian ad litem in a proceeding under section 46b-129 if it is deemed necessary pursuant to subparagraph (D) of this subdivision.

(C) The primary role of any counsel for the child shall be to advocate for the child in accordance with the Rules of Professional Conduct, except that if the child is incapable of expressing the child's wishes to the child's counsel because of age or other incapacity, the counsel for the child shall advocate for the best interests of the child.

(D) If the court, based on evidence before it, or counsel for the child, determines that the child cannot adequately act in his or her own best interests and the child's wishes, as determined by counsel, if followed, could lead to substantial physical, financial or other harm to the child unless protective action is taken, counsel may request and the court may order that a separate guardian ad litem be assigned for the child, in which case the court shall either appoint a guardian ad litem to serve on a voluntary basis or notify the office of Chief Public Defender who shall assign a separate guardian ad litem for the child. The guardian ad litem shall perform an independent investigation of the case and may present at any hearing information pertinent to the court's determination of the best interests of the child. The guardian ad litem shall be subject to cross-examination upon the request of opposing counsel. The guardian ad litem is not required to be an attorney-at-law but shall be knowledgeable about the needs and protection of children and relevant court procedures. If a separate guardian ad litem is assigned, the person previously serving as counsel for the child shall continue to serve as counsel for the child and a different person shall be assigned as guardian ad litem, unless the court for good cause also determines that a different person should serve as counsel for the child, in which case the court shall notify the office of Chief Public Defender who shall assign a different person as counsel for the child. No person who has served as both counsel and guardian ad litem for a child shall thereafter serve solely as the child's guardian ad litem.

(E) The counsel and guardian ad litem's fees, if any, shall be paid by the office of Chief Public Defender unless the parents or guardian, or the estate of the child, are able to pay, in which case the court shall assess the rate the parent or guardian is able to pay and the office of Chief Public Defender may seek reimbursement for the costs of representation from the parents, guardian or estate of the child;

(3) The privilege against the disclosure of communications between husband and wife shall be inapplicable and either may testify as to any relevant matter; and

(4) Evidence that the child has been abused or has sustained a nonaccidental injury shall constitute prima facie evidence that shall be sufficient to support an adjudication that such child is uncared for or neglected.

(P.A. 96-246, S. 13; P.A. 01-148, S. 1; P.A. 11-51, S. 17; June 12 Sp. Sess. P.A. 12-1, S. 270; P.A. 17-119, S. 1; P.A. 23-101, S. 18.)

History: P.A. 01-148 amended Subdiv. (2) re guardian ad litem, including provisions re primary role, when court appoints another guardian ad litem and guardian ad litem not required to be attorney; P.A. 11-51 amended Subdiv. (2) to insert Subpara. designators, to add provisions re assignment of counsel by office of Chief Public Defender in Subpara. (A), to add Subpara. (B) re appointment of attorney for child in an ongoing probate or family matter proceeding, to delete provisions re counsel who also serves as guardian ad litem and re conflict between child's wishes and position of counsel in Subpara. (C), to add provisions re assignment, investigation by and cross-examination of guardian ad litem and knowledge of relevant court procedures in Subpara. (D), to add provisions re payment of counsel and guardian ad litem's fees by office of Chief Public Defender, unless parents or guardian or estate of child are able to pay, in Subpara. (E), and to make technical changes, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 amended Subdiv. (2)(C) to add exception re counsel to advocate for best interests of child if child is incapable of expressing child's wishes to counsel, effective July 1, 2012; P.A. 17-119 amended Subdiv. (2)(A) by adding provision re counsel access to records and child; P.A. 23-101 amended Subdiv. (2)(A) by adding provision re assignment or appointment of counsel to continue for duration of proceeding notwithstanding child's attainment of 18 years of age.

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Sec. 46b-129c. “Court appointed special advocate” defined. Appointment, duties, background checks and limited civil or criminal liability for actions undertaken. (a) For the purposes of this section, “court appointed special advocate” means a volunteer who is recruited, screened, trained and supervised by a local court appointed special advocate program that is affiliated with the National Court Appointed Special Advocates Association.

(b) (1) The Judicial Department shall establish, within available resources, a court appointed special advocate program. Under the program, a court appointed special advocate may serve as a resource to the superior court for juvenile matters in determining and furthering the best interests of a person under eighteen years of age who is the subject of a petition filed under section 46b-129. The program shall be administered by the Chief Court Administrator within the superior court for juvenile matters.

(2) A court, on its own motion or upon a motion of a party, may appoint a court appointed special advocate in any proceeding in which a petition is filed under section 46b-129. The court appointed special advocate may conduct an independent investigation of the facts associated with the filing of the petition and shall undertake and facilitate activities in furtherance of the child's best interests, including, but not limited to, making recommendations to the court. Upon appointment by the court and after obtaining any required releases to access records, a court appointed special advocate shall have access to (A) any party to such proceeding, and (B) all information or records relevant to the child's best interests including, but not limited to, school records, child care records, medical records, mental health records, court records and records maintained by the Department of Children and Families. Nothing in this section shall permit a court appointed special advocate to supplant or interfere with any counsel or guardian ad litem appointed to represent the best interests of a child in such proceeding. Notwithstanding the provisions of this subsection, a court appointed special advocate may, in appropriate cases as determined by the court, undertake activities in furtherance of the child's best interests, until the child who is the subject of a petition filed under section 46b-129 reaches twenty-one years of age.

(3) No fees shall be charged for the services provided by a court appointed special advocate.

(c) Prior to accepting any person who seeks to serve as a court appointed special advocate, the National Court Appointed Special Advocates Association or a court appointed special advocate program located in this state and affiliated with said association shall require that such person submit to (1) a state and national criminal history records check conducted in accordance with section 29-17a, and (2) a check of the state child abuse and neglect registry established under section 17a-101k. Any person who refuses to consent or cooperate in processing of such checks shall not be accepted into the court appointed special advocate program.

(d) A court appointed special advocate who acts in good faith and within the scope of the court's appointment shall not be civilly or criminally liable for actions undertaken in connection with such appointment. Any staff member of a court appointed special advocate program affiliated with the National Court Appointed Special Advocates Association who acts in good faith and within the scope of his or her employment shall not be civilly or criminally liable for actions undertaken in connection with such employment. The protection provided in this subsection shall not apply to acts or omissions that constitute intentional, wilful or wanton misconduct.

(P.A. 16-210, S. 1; P.A. 23-46, S. 16.)

History: P.A. 23-46 amended Subsec. (b) by deleting references to Sec. 46b-149, effective July 1, 2023.

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(1949 Rev., S. 2819; P.A. 76-436, S. 33, 681; P.A. 79-567, S. 3, 7; P.A. 80-401, S. 1, 4; P.A. 82-335; P.A. 85-226, S. 2, 3; P.A. 88-214, S. 1, 4; P.A. 89-273, S. 7, 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. 4, 5; P.A. 02-132, S. 26; P.A. 03-255, S. 4; P.A. 05-250, S. 2; June Sp. Sess. P.A. 07-4, S. 30; P.A. 08-86, S. 1, 2; P.A. 10-32, S. 141; June Sp. Sess. P.A. 17-2, S. 145; P.A. 19-187, S. 9; P.A. 21-104, S. 33; P.A. 23-46, S. 45.)

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Sec. 46b-149a. Duties of police officer when child runs away from parent or guardian's home. (a) Any police officer who receives a report from the parent or guardian of a child that such child has run away from his or her parent or guardian's home, shall promptly attempt to locate the child. If the officer locates such child, or any child the officer believes has run away from his or her parent or guardian's home without just cause, or any nondelinquent juvenile runaway from another state, the officer shall report the location of the child to the parent or guardian, and may respond in one of the following ways: (1) The officer may transport the child to the home of the child's parent or guardian or any other person; (2) the officer may hold the child in protective custody for a maximum period of twelve hours until the officer can determine a more suitable disposition of the matter, provided (A) the child is not held in any locked room or cell, and (B) the officer may release the child at any time without taking further action; or (3) the officer may transport or refer a child to a youth service bureau or any public or private agency serving children, with or without the agreement of the child. If a child is transported or referred to an agency pursuant to this section, such agency may provide services to the child unless or until the child's parent or guardian at any time refuses to agree to those services. Such agency shall be immune from any liability, civil or criminal, which might otherwise be incurred or imposed; provided such services are provided in good faith and in a nonnegligent manner.

(b) Any police officer acting in accordance with the provisions of this section shall be deemed to be acting in the course of his official duties.

(P.A. 79-567, S. 6, 7; P.A. 80-401, S. 2, 4; P.A. 88-214, S. 2, 4; P.A. 89-273, S. 9; P.A. 98-183, S. 6; P.A. 23-46, S. 17.)

History: P.A. 80-401 deleted Subdiv. (1) authorizing officer to decline to take further action and terminate investigation, renumbering remaining Subdivs. accordingly, changed applicable date in Subdiv. (2), formerly (3), from August 1, 1980, to July 1, 1981 and added exception re nondelinquent juvenile runaways from other states, substituted “hold” for “allow to remain” in Subdiv. (3) and revised Subdiv. (4) to specify that transport or referral to agency need not be agreed to by child where previously child's agreement was necessary, in Subsec. (a), effective July 1, 1981; P.A. 88-214 amended Subsec. (a) to apply provisions to nondelinquent juveniles from other states, deleting prior provision allowing the detention of such nondelinquent juveniles in accordance with interstate compact on juveniles, and added provision prohibiting holding a child in a locked room or cell; P.A. 89-273 amended Subsec. (a) to increase from 6 to 12 hours the maximum period that a police officer may hold a child in protective custody; P.A. 98-183 made technical changes in Subsec. (a); P.A. 23-46 amended Subsec. (a) by replacing “is a member of a family with service needs, as defined in section 46b-120” with “has run away from his or her parent or guardian's home”, by deleting former Subsec. (a)(2) re referral of child to the superior court for juvenile matters, by redesignating Subsec. (a)(3) and (a)(4) as Subsec. (a)(2) and (a)(3) and by adding that child may be referred to a youth service bureau in redesignated Subsec. (a)(3), effective July 1, 2023.

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Sec. 46b-149b. Immunity of police officer or municipal official from personal liability. Any police officer or any official of a municipal or community agency, who in the course of such police officer's or official's employment under subsection (d) of section 17a-15 or section 46b-120, 46b-121 or 46b-149a provides assistance to a child or a family in need thereof, shall not be liable to such child or such family for civil damages for any personal injuries which result from the voluntary termination of service by the child or the family.

(P.A. 80-401, S. 3; P.A. 02-109, S. 4; P.A. 03-257, S. 4; June Sp. Sess. P.A. 07-4, S. 82; P.A. 23-46, S. 18.)

History: P.A. 02-109 extended provisions to employment under Secs. 46b-150f and 46b-150g; P.A. 03-257 designated existing provisions as Subsec. (a), making a technical change therein, and added Subsec. (b) re protocol for intervention and assistance in matters involving youths in crisis; June Sp. Sess. P.A. 07-4 deleted former Subsec. (b) re protocol for youth in crisis, deleted Subsec. (a) designator and deleted references to Secs. 46b-150f and 46b-150g, effective January 1, 2010; P.A. 23-46 deleted reference to Sec. 46b-149, effective July 1, 2023.

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Sec. 46b-149c. Truancy and other family with service needs cases. Duties of Judicial Branch. Section 46b-149c is repealed, effective July 1, 2023.

(P.A. 98-183, S. 1; P.A. 23-46, S. 45.)

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Secs. 46b-149e and 46b-149f. Family support centers. Child from family with service needs who violates valid court order or is in imminent risk of physical harm; petition; hearing; order. Sections 46b-149e and 46b-149f are repealed, effective July 1, 2023.

(June Sp. Sess. P.A. 07-4, S. 31, 32; P.A. 08-86, S. 3; June Sp. Sess. P.A. 17-2, S. 148; P.A. 19-187, S. 10; P.A. 23-46, S. 45.)

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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, or (B) a petition under section 46b-128 or 46b-133 as a delinquent child for any act committed before the date of the order; (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; (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; P.A. 23-44, S. 3; 23-46, S. 19.)

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); P.A. 23-44 amended Subdiv. (9) by deleting provisions re securing a marriage license under Sec. 46b-20a, effective July 1, 2023; P.A. 23-46 deleted former Subdiv. (7)(C) re minor not being subject of a petition under Sec. 46b-149 alleging that minor is a child from a family with service needs, effective July 1, 2023.

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