
June 25, 2002 |
2002-R-0599 | |
RECENT CHANGES TO CONNECTICUT LAW CONCERNING 16- AND 17-YEAR OLDS | ||
By: Saul Spigel, Chief Analyst | ||
You asked about recent changes to Connecticut laws concerning 16- and 17-year olds and how they compare to laws in neighboring states.
Before 2000, Connecticut law created a "gray area" in which parents of 16- and 17-years were legally responsible for supporting and controlling their children and financially responsible for their actions but could not obtain public support to help control them. The lack of public support was the result of three factors, two that were unique to Connecticut and one that was common to most states.
1. The Juvenile Court program (Families with Service Needs) to help parents whose children were beyond their control or who ran away was limited by law to children under age 16 and
2. Connecticut police did not have a statutory duty to look for runaways over age 15 and return them to their parents.
3. Children could drop out of school when they turned 16 without their parents' permission or even knowledge.
At that time, Connecticut was the only state that limited its court-based supervision to children under age16. New Hampshire, Rhode Island, Massachusetts, and Vermont covered 16- and 17-year olds. Maine police were required to look for runaways up to age 18 and notify parents of their whereabouts, Vermont police were authorized to bring them to a shelter, and Rhode Island police could bring them home. All nearby states required parents to pay for a limited amount of personal or property damage their children willfully or maliciously cause. Connecticut's, Massachusetts', and Vermont's limit is $ 5,000, Rhode Island's, $ 1,500; and New Hampshire's $ 10,000.
Public Act 00-177 addressed the two Connecticut issues that created the "gray area. " It permits the Juvenile Court to assume jurisdiction over 16- and 17-year olds who are beyond their parents' control, run away from home, or fail to go to school. It terms such youths "youth in crisis. " The act allows various people to refer such youths to the court, at which point a Judicial Department probation officer attempts to resolve the conflict informally. If he cannot, the act allows a judge to (1) order the youth to go to school or participate in community service or mental health treatment and (2) impose sanctions (like limiting driving privileges) to enforce those orders. The act specifies that a youth in crisis who violates an order is not delinquent and cannot be incarcerated in a state detention or correctional facility.
The act also authorizes police officers to look for runaway 16- and 17-year olds. Police officers who find them may report their location to the parents, refer them to Juvenile Court, take them to an agency that serves children, or keep them in custody for up to 12 hours. The act took effect July 1, 2001.
The Judicial Department began implementing the Youth in Crisis program for 16-year olds in 2001, but it identified a problem in the way the new law was drafted that prevented it from assisting 17-year olds. The legislature fixed that problem in PA 02-109, and the Judicial Department should begin implementing the full program this July.
The General Assembly also addressed the 16-year old school leaving age in 2000. It raised the school leaving age to 18 unless a child graduates or his parents give their written consent to his dropping out. PA 00-157 took effect in September 2001.
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