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Substitute House Bill No. 5176

Public Act No. 02-109

AN ACT CONCERNING YOUTH IN CRISIS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 46b-120 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

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 sixteen years of age and, for purposes of delinquency matters, "child" means any person (A) under sixteen years of age or, (B) sixteen years of age or older who, prior to attaining sixteen years of age, has violated any federal or state law or municipal or local ordinance, other than an ordinance regulating behavior of a child in a family with service needs, and, subsequent to attaining sixteen years of age, violates any order of the Superior Court or any condition of probation ordered by the Superior Court with respect to such delinquency proceeding; (2) "youth" means any person sixteen [to eighteen] or seventeen years of age; (3) "youth in crisis" means any [person sixteen to seventeen years of age] youth who, within the last two years, (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 parents, guardian or other custodian; or (C) has four unexcused absences from school in any one month or ten unexcused absences in any school year; (4) "abused" means that a child or youth (A) has been inflicted with physical injury or injuries other than by accidental means, or (B) has injuries [which] that are at variance with the history given of them, or (C) is in a condition [which] that is the result of maltreatment such as, but not limited to, malnutrition, sexual molestation or exploitation, deprivation of necessities, emotional maltreatment or cruel punishment; (5) a child may be found "mentally deficient" who, by reason of a deficiency of intelligence [, which] that has existed from birth or from early age, requires, or will require, for his protection or for the protection of others, special care, supervision and control; (6) a child may be convicted as "delinquent" who has violated (A) any federal or state law or municipal or local ordinance, other than an ordinance regulating behavior of a child in a family with service needs, (B) any order of the Superior Court, or (C) conditions of probation as ordered by the court; (7) a child or youth may be found "dependent" whose home is a suitable one for the child or youth, save for the financial inability of parents, parent, guardian or other person maintaining such home, to provide the specialized care the condition of the child or youth requires; (8) a "family with service needs" means a family [which] that includes a child who (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 parent, parents, guardian or other custodian; (C) has engaged in indecent or immoral conduct; (D) is a truant or habitual truant or who, while in school, has been continuously and overtly defiant of school rules and regulations; or (E) 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; (9) a child or youth may be found "neglected" who (A) has been abandoned or (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 or youth or (D) has been abused; (10) a child or youth may be found "uncared for" who is homeless or whose home cannot provide the specialized care [which] that the physical, emotional or mental condition of the child requires. 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; (11) "delinquent act" means the violation of any federal or state law or municipal or local ordinance, other than an ordinance regulating the behavior of a child in a family with service needs, or the violation of any order of the Superior Court; (12) "serious juvenile offense" means (A) the violation by a child, including attempt or conspiracy to violate sections 21a-277, 21a-278, as amended, 29-33, 29-34, 29-35, as amended, 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-70 to 53a-71, inclusive, 53a-72b, 53a-86, 53a-92 to 53a-94a, inclusive, 53a-95, 53a-101, 53a-102a, 53a-103a, 53a-111 to 53a-113, inclusive, subdivision (1) of subsection (a) of section 53a-122, subdivision (3) of subsection (a) of section 53a-123, 53a-134, 53a-135, 53a-136a, 53a-166, 53a-167c, as amended, subsection (a) of section 53a-174, 53a-196a, 53a-211, 53a-212, 53a-216 or 53a-217b, as amended, or (B) running away, without just cause, from any secure placement other than home while referred as a delinquent child to the Office of Alternative Sanctions or committed as a delinquent child to the Commissioner of Children and Families for a serious juvenile offense; (13) "serious juvenile offender" means any child convicted as delinquent for commission of a serious juvenile offense; (14) "serious juvenile repeat offender" means any child charged with the commission of any felony if such child has previously been convicted delinquent at any age for two violations of any provision of title 21a, 29, 53 or 53a [which] that is designated as a felony; (15) "alcohol-dependent child" means any child who has 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"; (16) "drug-dependent child" means any child who has 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.

Sec. 2. Section 46b-150d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

An order that a minor is emancipated shall have the following effects: (a) The minor may consent to medical, dental or psychiatric care, without parental consent, knowledge or liability; (b) the minor may enter into a binding contract; (c) the minor may sue and be sued in his own name; (d) the minor shall be entitled to his own earnings and shall be free of control by his parents or guardian; (e) the minor may establish his own residence; (f) the minor may buy and sell real and personal property; (g) the minor may not thereafter be the subject of a petition under section [46b-120] 46b-129, as amended, as an abused, dependent, neglected or uncared for child or youth; (h) the minor may enroll in any school or college, without parental consent; (i) the minor shall be deemed to be over eighteen years of age for purposes of securing an operator's license under section 14-36 and a marriage license under subsection (b) of section 46b-30 without parental consent; (j) the minor shall be deemed to be over eighteen years of age for purposes of registering a motor vehicle under section 14-12, as amended; (k) the parents of the minor shall no longer be the guardians of the minor under section 45a-606; (l) the parents of a minor shall be relieved of any obligations respecting his school attendance under section 10-184; (m) the parents shall be relieved of all obligation to support the minor; (n) the minor shall be emancipated for the purposes of parental liability for his acts under section 52-572; (o) the minor may execute releases in his own name under section 14-118; and (p) the minor may enlist in the armed forces of the United States without parental consent.

Sec. 3. Section 17a-1 of the general statutes, as amended by section 42 of public act 01-2 of the June special session and section 129 of public act 01-9 of the June special session, is repealed and the following is substituted in lieu thereof (Effective from passage):

As used in sections 17a-1 to 17a-26, inclusive, as amended, 17a-28 to 17a-49, inclusive, as amended, 17a-127, as amended, and 46b-120, as amended by this act, unless otherwise provided in said sections:

(1) "Commissioner" means the Commissioner of Children and Families;

(2) "Council" means the State Advisory Council on Children and Families;

(3) "Advisory committee" means the Children's Behavioral Health Advisory Committee to the council;

(4) "Department" means the Department of Children and Families;

(5) "Child" means any person under sixteen years of age;

(6) "Youth" means any person at least sixteen years of age and under nineteen years of age;

(7) "Delinquent child" shall have the meaning ascribed thereto in section 46b-120, as amended by this act;

(8) "Child or youth with behavioral health needs" means a child or youth who is suffering from one or more mental disorders as defined in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders";

(9) "Individual service plan" means a written plan to access specialized, coordinated and integrated care for a child or youth with complex behavioral health service needs [which shall be] that is designed to meet the needs of the child or youth and his or her family and may include, when appropriate (A) an assessment of the individual needs of the child or youth, (B) an identification of service needs, (C) an identification of services [which] that are currently being provided, (D) an identification of opportunities for full participation by parents or emancipated minors, (E) include a reintegration plan when an out-of-home placement is made or recommended, (F) an identification of criteria for evaluating the effectiveness and appropriateness of such plan, and (G) coordination of the individual service plan with any educational services provided to the child or youth. The plan shall be subject to review at least every six months or upon reasonable request by the parent based on a changed circumstance, and be approved, in writing, by the parents, guardian of a child or youth and emancipated minors;

(10) "Family" means a child or youth with behavioral health needs [together with] and (A) one or more biological or adoptive parents, except for a parent whose parental rights have been terminated, (B) one or more persons to whom legal custody or guardianship has been given, or (C) one or more adults who have a primary responsibility for providing continuous care to such child or youth;

(11) "Parent" means a biological or adoptive parent, except a parent whose parental rights have been terminated;

(12) "Guardian" means a person who has a judicially created relationship between a child or youth and such person [which] that is intended to be permanent and self-sustaining as evidenced by the transfer to such person of the following parental rights with respect to the child or youth: (A) The obligation of care and control; (B) the authority to make major decisions affecting the child's or youth's welfare, including, but not limited to, consent determinations regarding marriage, enlistment in the armed forces and major medical, psychiatric or surgical treatment; (C) the obligation of protection of the child or youth; (D) the obligation to provide access to education; and (E) custody of the child or youth;

(13) "Serious emotional disturbance" and "seriously emotionally disturbed" means, with regard to a child or youth, that the child or youth (A) has a range of diagnosable mental, behavioral or emotional disorders of sufficient duration to meet diagnostic criteria specified in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders", and (B) exhibits behaviors that substantially interfere with or limit the child's or youth's ability to function in the family, school or community and are not a temporary response to a stressful situation;

(14) "Child or youth with complex behavioral health service needs" means a child or youth with behavioral health needs who needs specialized, coordinated behavioral health services;

(15) "Transition services" means services in the areas of education, employment, housing and community living designed to assist a youth with a serious emotional disturbance who is transitioning into adulthood; and

(16) "Community collaborative" means a local consortium of public and private health care providers, parents and guardians of children with behavioral health needs and service and education agencies that have organized to develop coordinated comprehensive community resources for children or youth with complex behavioral health service needs and their families in accordance with principles and goals of Connecticut Community KidCare.

Sec. 4. Section 46b-149b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2002):

Any police officer or any official of a municipal or community agency, who in the course of his employment under subsection (d) of section 17a-15, as amended, or section 46b-120, as amended by this act, 46b-121, 46b-149, [or] 46b-149a, 46b-150f, as amended, or 46b-150g 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.

Sec. 5. Section 46b-150f of the general statutes, as amended by section 100 of public act 01-195, is repealed and the following is substituted in lieu thereof (Effective July 1, 2002):

(a) Any selectman, town manager, police officer or welfare department of any town, city or borough, probation officer, superintendent of schools, any child-caring institution or agency approved or licensed by the Commissioner of Children and Families, any youth service bureau, a parent or foster parent of a youth, or a representative of youth, who believes that the acts or omissions of a youth are such that such youth is a youth in crisis may file a written complaint setting forth those facts with the Superior Court which has venue over that matter.

(b) A petition alleging that a youth is a youth in crisis shall be verified and filed with the Superior Court which has venue over the matter. The petition shall set forth plainly: (1) The facts which bring the youth within the jurisdiction of the court; (2) the name, date of birth, sex and residence of the youth; (3) the name and residence of the parent or parents, guardian or other person having control of the youth; and (4) a prayer for appropriate action by the court in conformity with the provisions of this section.

(c) Upon determination that a youth is a youth in crisis in accordance with policies established by the Chief Court Administrator, the court may make and enforce orders, including, but not limited to, orders: (1) Prohibiting the youth in crisis from driving a motor vehicle for a time determined by the court; (2) requiring work or specified community service; (3) mandating that the youth in crisis attend an educational program in the local community approved by the court; and (4) requiring mental health services. A youth in crisis found to be in violation of any order under this section shall not be considered to be delinquent and shall not be punished by the court by incarceration in any state-operated detention facility or correctional facility.

(d) The Judicial Department may use any funds appropriated for purposes of this chapter for costs incurred by the department or the court pursuant to this section.

Approved June 7, 2002