PART I
GENERAL PROVISIONS
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 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 or seventeen years of age; (3) "youth in crisis" means any 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 that are at variance with the history given of
them, or (C) is in a condition 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 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) "family
with service needs" means a family 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 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, 29-33, 29-34, 29-35, 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, subsection (a) of section 53a-174, 53a-196a, 53a-211, 53a-212, 53a-216 or 53a-217b, or (B) running away, without just cause, from any
secure placement other than home while referred as a delinquent child to the Court
Support Services Division 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 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"; and
(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.
(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.)
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 sixteen and
eighteen 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, see note to Sec. 17-53; 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 Subdiv. (E) re a child who is thirteen 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).
Annotations to former section 17-53:
Cited. 154 C. 644, 648; 158 C. 439.
"Uncared for" is not limited to "uncared for by each living biological parent", but can include being cared for by close
relative with the consent of biological parent. 33 CS 100.
Annotations to present section:
Cited. 187 C. 431, 434. Cited. 189 C. 276, 282. Cited. 195 C. 303, 304. Cited. Id., 344, 349. Cited. 199 C. 693, 695,
714, 716. Cited. 204 C. 630, 631, 634-636, 638. Cited. 206 C. 323, 324. Cited. Id., 346, 347, 357. Cited. 207 C. 270, 273.
Cited. Id., 725, 726, 733. Cited. 211 C. 151, 153, 154, 157, 162. Cited. Id., 289, 290. Cited. 214 C. 454, 457. Cited. 215
C. 277, 278. Cited. Id., 739, 746, 748, 749. Cited. 221 C. 903. Cited. 223 C. 492, 498, 515. Cited. 229 C. 691, 694, 699,
701. Cited. 237 C. 364, 368. Cited. 240 C. 743.
Cited. 1 CA 378, 379. Cited. 2 CA 705, 706. Cited. 3 CA 158, 159. Cited. Id., 194, 195. Cited. 9 CA 98, 109. Cited.
10 CA 428, 433-436, 438. Cited. 11 CA 507, 508. Cited. 18 CA 806. Cited. 23 CA 410, 418. Where statutory requirements
are met, a mother's prenatal conduct can be basis of a finding of neglect or termination of parental rights. 25 CA 586, 588-
590, 592, 593; judgment reversed, see 223 C. 492 et seq. Cited. 29 CA 600, 612, 613. Cited. 32 CA 759, 760. Cited. 36
CA 146, 147, 149. Cited. 40 CA 216. Cited. 45 CA 606. Cited. 46 CA 545. Cited. 47 CA 64. Discussed: It is not a
constitutional right, but rather a statutory right, to be considered a juvenile. 51 CA 117. Adjudication of neglect may be
based on potential risk of harm. 58 CA 119.
Cited. 35 CS 241, 242. Cited. 39 CS 490, 491. Cited. 41 CS 23, 28. Cited. Id., 505, 509. Cited. 42 CS 562. Cited. 43
CS 108, 124. Cited. Id., 211, 212. Cited. Id., 367, 368, 370.
Former Subdiv. (c):
Subpara. (1) cited. 199 C. 693, 714. Cited. 210 C. 435, 436.
Former Subdiv. (ii):
Cited. 39 CS 514, 516.
Former Subdiv. (iii):
Cited. 39 CS 514, 516.
Subdiv. (1):
Cited. 240 C. 727.
Sec. 46b-121. (Formerly Sec. 51-302). "Juvenile matters" defined. Authority
of court. (a) Juvenile matters in the civil session include all proceedings concerning
uncared-for, neglected or dependent children and youth within this state, termination
of parental rights of children committed to a state agency, matters concerning families
with service needs, contested matters involving termination of parental rights or removal
of guardian transferred from the Probate Court, the emancipation of minors and youth
in crisis, but does not include matters of guardianship and adoption or matters affecting
property rights of any child, youth or youth in crisis over which the Probate Court has
jurisdiction, provided appeals from probate concerning adoption, termination of parental
rights and removal of a parent as guardian shall be included. Juvenile matters in the
criminal session include all proceedings concerning delinquent children in the state and
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.
(b) In juvenile matters, the Superior Court shall have authority to make and enforce
such orders directed to parents, including any person who acknowledges before said
court paternity of a child born out of wedlock, guardians, custodians or other adult
persons owing some legal duty to a child, youth or youth in crisis therein, as it deems
necessary or appropriate to secure the welfare, protection, proper care and suitable support of a child, youth or youth in crisis subject to its jurisdiction or otherwise committed
to or in the custody of the Commissioner of Children and Families. In addition, with
respect to proceedings concerning delinquent children, the Superior Court shall have
authority to make and enforce such orders as it deems necessary or appropriate 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.
Said court shall also have authority to grant and enforce injunctive relief, temporary or
permanent in all proceedings concerning juvenile matters. If any order for the payment
of money is issued by said court, including any order assessing costs issued under section
46b-134 or 46b-136, the collection of such money shall be made by said 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.
Where the court after due diligence is unable to collect such moneys within six months,
it shall refer such case to the Department of Administrative Services for collection as
a delinquent account. In juvenile matters, the court shall have authority to make and
enforce orders directed to persons liable hereunder on petition of said Department of
Administrative Services made to said court in the same manner as is provided in section
17b-745, in accordance with the provisions of section 17b-81, 17b-223, subsection (b)
of section 17b-179, section 17a-90, 46b-129 or 46b-130, and all of the provisions of
section 17b-745 shall be applicable to such proceedings. Any judge hearing a juvenile
matter may make any other order in connection therewith that a judge of the Superior
Court is authorized to grant and such order shall have the same force and effect as any
other order of the Superior Court. In the enforcement of its 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.)
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, see note to Sec. 17-59; 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 two hundred dollars 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 Subsec. (a) of Sec. 46b-148; 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.
Annotations to former sections 17-59 and 51-302:
If superior court could take jurisdiction of charge of rape against child under sixteen, proceedings must first be had in
juvenile court. 115 C. 589. Cited. 158 C. 439. Cited. 171 C. 630, 643 (Dissent).
Superior court may not make orders for support prior to termination of juvenile court commitment. 19 CS 371. Possible
for juvenile court, superior court and probate court to have concurrent jurisdiction concerning the proper custody of a child
and fact that superior court originally awarded custody in a divorce action does not mean that it retains exclusive jurisdiction
over custody of the child. 21 CS 73.
Annotations to present section:
Cited. 195 C. 303, 304. Cited. Id., 344, 364-366. Cited. 199 C. 693, 695. Cited. 206 C. 323, 329. Cited. 211 C. 289-
291. Cited. 216 C. 563, 568, 580. Cited. 223 C. 384, 405. Cited. 224 C. 263, 282.
Cited. 1 CA 584, 589, 590. Cited. 13 CA 626, 628. Cited. 22 CA 656, 661. Cited. 36 CA 345, 351.
Section carefully contains some exceptions in grant of jurisdiction over children and youths to superior court; these
exceptions do not include reservation of mental health commitment power to probate court. 35 CS 241 et seq. Probate
court is without jurisdiction to entertain and determine matters involving the mental health commitment of children or
youths since the superior court for juvenile matters has exclusive jurisdiction over such matters. Id. Cited. 43 CS 367, 368.
Subsec. (b):
Trial court has the power to find in contempt those persons who violate orders pertaining to juvenile matters. 64 CA 55.
Sec. 46b-121a. Referral of juvenile matters to state referees. The Superior Court
may refer any juvenile matter to a state referee who shall have been a judge of the
Superior Court. Any hearing by such referee shall be conducted as provided in section
52-434. Such referee shall have and exercise the powers of the Superior Court in respect
to trial, judgment and appeal in cases and matters referred pursuant to this section.
(P.A. 95-225, S. 29.)
Sec. 46b-121b. Handling of juvenile matters. (a) The Division of Criminal Justice shall have charge of all proceedings concerning juvenile matters in the criminal
session of the Superior Court and all proceedings concerning families with service needs
in the civil session of the Superior Court.
(b) The Attorney General shall have charge of all proceedings concerning juvenile
matters in the civil session of the Superior Court.
(P.A. 95-225, S. 45, 52.)
History: P.A. 95-225 effective July 1, 1996.
See Sec. 51-1d re transfer of duties of "Juvenile Detention Services Division" to Court Support Services Division.
Secs. 46b-121c to 46b-121g. Reserved for future use.
Sec. 46b-121h. Goals of juvenile justice system. It is the intent of the General
Assembly that the juvenile justice system provide individualized supervision, care, accountability and treatment in a manner consistent with public safety to those juveniles
who violate the law. The juvenile justice system shall also promote prevention efforts
through the support of programs and services designed to meet the needs of juveniles
charged with the commission of a delinquent act. The goals of the juvenile justice system
shall be to:
(1) Hold juveniles accountable for their unlawful behavior;
(2) Provide secure and therapeutic confinement to those juveniles who present a
danger to the community;
(3) Adequately protect the community and juveniles;
(4) Provide programs and services that are community-based and are provided in
close proximity to the juvenile's community;
(5) Retain and support juveniles within their homes whenever possible and appropriate;
(6) Base probation treatment planning upon individual case management plans;
(7) Include the juvenile's family in the case management plan;
(8) Provide supervision and service coordination where appropriate and implement
and monitor the case management plan in order to discourage reoffending;
(9) Provide follow-up and nonresidential postrelease services to juveniles who are
returned to their families or communities;
(10) Promote the development and implementation of community-based programs
including, but not limited to, mental health services, designed to prevent unlawful behavior and to effectively minimize the depth and duration of the juvenile's involvement in
the juvenile justice system; and
(11) Create and maintain programs for juvenile offenders that are gender specific
in that they comprehensively address the unique needs of a targeted gender group.
(P.A. 95-225, S. 1, 52; P.A. 01-181, S. 2.)
History: P.A. 95-225 effective July 1, 1996; P.A. 01-181 amended Subdiv. (10) by adding "including, but not limited
to, mental health services" and added Subdiv. (11) re creation and maintenance of programs for juvenile offenders that
are gender specific.
Sec. 46b-121i. Duties and responsibilities of the Judicial Department in providing programs and services to the juvenile justice system. (a) The Judicial Department shall:
(1) Coordinate programs and services of the juvenile justice system with other state
and municipal agencies, boards and commissions;
(2) Develop and use intake and assessment procedures for the evaluation of juveniles;
(3) Provide case management for juveniles;
(4) Provide pretrial diversion and postconviction programs;
(5) Coordinate community-based services for juveniles and their families which
promote appropriate reintegration of the juvenile with his family, school and community; and
(6) Provide other programs and services necessary to the juvenile justice system.
(b) In developing its programs, the Judicial Department shall:
(1) Develop risk and assessment instruments for use in determining the need for
detention or other placement at the time a juvenile enters the system;
(2) Develop a case classification process to include the establishment of classification program levels and case management standards for each program level. A program
level is based on the needs of the juvenile, his potential to be dangerous and his risk of
offending further;
(3) Develop a purchase-of-care system, which will facilitate the development of a
state-wide community-based continuum of care, with the involvement of the private
sector and the local public sector. Care services may be purchased from private providers
to provide a wider diversity of services. This system shall include accessing Title IV-E funds of the federal Social Security Act, as amended, new Medicaid funds and other
funding sources to support eligible community-based services. Such services developed
and purchased shall include, but not be limited to, evaluation services which shall be
available on a geographically accessible basis across the state.
(P.A. 95-225, S. 2, 4, 52.)
History: P.A. 95-225 effective July 1, 1996.
Sec. 46b-121j. Programs and probation treatment services for juvenile offenders. (a) The Court Support Services Division shall design and make available to
the Judicial Department programs and probation treatment services for juvenile offenders. The programs and treatment services shall be based upon the individual or family
assessment and evaluation process and case management plan.
(b) Probation treatment services shall address:
(1) Behavioral impairments and other emotional disturbances and other mental
health or psychiatric disorders;
(2) Histories of physical or sexual abuse;
(3) Drug and alcohol addiction;
(4) Health and medical needs;
(5) Education, special education and related services.
(c) Available programs shall include:
(1) Individual, group and family counseling services and all other programs and
services as appropriate with any case management plan related to subsection (b) of this
section.
(2) The design and delivery of probation treatment programs following the requirements stated within Title XIX and Title IV-E of the federal Social Security Act, as
amended, the Special Education Act and other funding guidelines, as appropriate. It is
the intent of the General Assembly that these funding sources shall be utilized to support
service needs of eligible juveniles.
(P.A. 95-225, S. 3, 52; P.A. 02-132, S. 19.)
History: P.A. 95-225 effective July 1, 1996; P.A. 02-132 amended Subsec. (a) by replacing "Office of Alternative
Sanctions" with "Court Support Services Division".
Sec. 46b-121k. Programs, services and facilities for juvenile offenders. (a) The
Court Support Services Division shall be charged with the duty of developing constructive programs for the prevention and reduction of delinquency and crime among juvenile
offenders. To that end, the executive director of the Court Support Services Division
shall cooperate with other agencies to encourage the establishment of new programs
and to provide a continuum of services for juvenile offenders who do not require secure
placement. The programs shall be tailored to the type of juvenile including the juvenile's
offense history, age, gender, mental health and chemical dependency problem, and other
characteristics. The Court Support Services Division shall develop programs that provide: (1) Intensive general educational programs, with an individual educational plan
for each juvenile; (2) specific educational components in the management of anger and
nonviolent conflict resolution; (3) treatment for chemical dependency; (4) mental health
screening, assessment and treatment; and (5) sexual offender treatment.
(b) The Judicial Department may contract to establish regional secure residential
facilities and regional highly supervised residential and nonresidential facilities for juveniles referred by the court. Such facilities shall operate within contracted-for capacity
limits. Such facilities shall be exempt from the licensing requirements of section 17a-145.
(c) The Court Support Services Division shall collaborate with private residential
facilities providing residential programs and with community-based nonresidential
postrelease programs.
(d) Any program developed by the Court Support Services Division that is designed
to prevent or reduce delinquency and crime among juvenile offenders shall be gender
specific, as necessary, and shall comprehensively address the unique needs of a targeted
gender group.
(P.A. 95-225, S. 6, 52; P.A. 98-256, S. 2; P.A. 01-181, S. 3; P.A. 02-132, S. 20.)
History: P.A. 95-225 effective July 1, 1996; P.A. 98-256 amended Subsec. (b) to replace "juveniles sentenced to
probation by the court" with "juveniles referred by the court"; P.A. 01-181 added Subsec. (d) re any program developed
by Office of Alternate Sanctions designed to prevent or reduce delinquency and crime among juvenile offenders to be
gender specific; P.A. 02-132 replaced "Office of Alternative Sanctions" with "Court Support Services Division" in Subsecs.
(a), (c) and (d), replaced "director" with "executive director of the Court Support Services Division" in Subsec. (a) and
replaced "Office of Alternative Sanctions" with "Judicial Department" in Subsec. (b).
Sec. 46b-121l. Early intervention projects for juvenile offenders. (a) The Court
Support Services Division shall fund projects for a program of early intervention initiatives designed for juvenile offenders. The projects may include, but not be limited to,
the following initiatives:
(1) A peer tutoring project designed for juvenile offenders required to perform community services;
(2) Specialized residential services for juvenile offenders on probation who have
been expelled from school;
(3) Social services and counseling for female juvenile offenders;
(4) Training in cognitive skill building;
(5) A self-supporting entrepreneurship program; and
(6) A mentoring program designed to match juveniles with positive adult role
models.
(b) The primary purpose of these projects shall be to provide a network of community services for juvenile offenders. The Court Support Services Division shall develop
evaluation protocols designed to assess the impact of components of these projects on
deterring juvenile crime in the communities where the projects operate.
(P.A. 95-225, S. 7, 52; P.A. 02-132, S. 21.)
History: P.A. 95-225 effective July 1, 1996; P.A. 02-132 replaced "Office of Alternative Sanctions" with "Court Support
Services Division" in Subsecs. (a) and (b) and deleted provision re report to General Assembly not later than January 1,
1998, in Subsec. (b).
Sec. 46b-121m. Evaluation of the costs and benefits of programs serving juvenile offenders. (a) The Chief Court Administrator shall enter into an agreement with
the Connecticut Policy and Economic Council to evaluate the costs and benefits of
programs serving juvenile offenders, whether offered by private providers or state or
municipal agencies, to determine the cost-effectiveness of such programs in reducing
recidivism.
(b) For the purposes of subsection (a) of this section, there is established an advisory
board to be composed of the Commissioner of Children and Families, the Commissioner
of Correction and the Chief Court Administrator, or their designees, and the chairpersons
and ranking members of the joint standing committees of the General Assembly on
judiciary and human services.
(c) The evaluation shall identify the types of programs that are effective and not
effective in reducing criminal offending in a cost-beneficial way. The evaluation shall
use uniform data collection and a common methodological approach to compare programs serving juvenile offenders. The evaluation shall include, but not be limited to, a
determination of the extent to which each program:
(1) Targets diverted and adjudicated juvenile offenders;
(2) Includes assessment methods to determine services, programs, and intervention
strategies most likely to change behaviors and norms of juvenile offenders;
(3) Provides maximum structured supervision in the community using natural surveillance and community guardians such as employers, relatives, teachers, clergy and
community mentors to the greatest extent possible;
(4) Promotes good work ethic values and educational skills and competencies necessary for the juvenile offender to function effectively and positively in the community;
(5) Maximizes the efficient delivery of treatment services aimed at reducing risk
factors associated with the commission of juvenile offenses;
(6) Maximizes the reintegration of the juvenile offender into the community upon
release from confinement;
(7) Maximizes the juvenile offender's opportunities to make full restitution to the
victims and amends to the community;
(8) Supports and encourages increased court discretion in imposing community-based intervention strategies;
(9) Is compatible with research that shows which prevention and early intervention
strategies work with juvenile offenders;
(10) Is outcome-based in that it describes what outcomes will be achieved or what
outcomes have already been achieved;
(11) Includes an evaluation component; and
(12) Recognizes the diversity of local needs.
(d) Not later than January 1, 2001, the council shall submit a preliminary report on
its activities to the joint standing committees of the General Assembly on judiciary and
human services.
(P.A. 00-172.)
Sec. 46b-122. (Formerly Sec. 51-303). Juvenile matters separated from other
court business if practicable. Exclusion of persons from hearing. All matters which
are juvenile matters, as provided 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. 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 of the delinquent act, the parents or guardian of such
victim and any victim advocate appointed pursuant to section 54-221 shall not be excluded unless the judge specifically orders otherwise.
(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.)
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.
Cited. 195 C. 303, 310. Cited. Id., 344, 363. Cited. 206 C. 323, 329, 332. Cited. Id., 346, 360, 361. Cited. 211 C. 151,
157. Cited. 214 C. 454, 460. Cited. 229 C. 691, 697. Cited. 237 C. 364, 374.
Cited. 43 CS 38, 40. Cited. Id., 367.
Sec. 46b-123. (Formerly Sec. 51-304). Appointment of staff for juvenile matters. The judges of the Superior Court, or in the discretion of the Chief Court Administrator, a committee of said judges designated by the Chief Court Administrator, shall appoint such probation officers, probation aides, clerks, detention personnel, clerical
assistants and other personnel, including supervisory staff, as they deem necessary for
the treatment and handling of juvenile matters within the venue districts established
under section 46b-142. The Chief Court Administrator may assign, reassign and modify
the assignments of such personnel and assign such duties within the Superior Court as
he deems necessary for the efficient operation of the courts. Any person serving in any
such capacity in the Juvenile Court on July 1, 1978, shall continue to serve in the Superior
Court at the compensation he was receiving in the Juvenile Court under the compensation
plan established pursuant to section 51-12, for the remainder of any term to which he
was appointed. In no event shall the compensation of any such person be affected solely
as a result of the transfer of jurisdiction in section 51-164s. Any of such appointees may
be discharged by the appointing authority for cause and after hearing. The salaries of
each of such officials shall be fixed by the judges, subject to the provisions of section
51-12.
(1949 Rev., S. 2821; 1957, P.A. 651, S. 17; 1967, P.A. 630, S. 4; 1969, P.A. 794, S. 2; P.A. 75-327; P.A. 76-436, S.
10a, 12, 681; P.A. 84-198, S. 4, 7.)
History: 1967 act authorized appointment of "other personnel" and provided for judges to act jointly; 1969 act deleted
provisions which stated that records shall be open to inspection only by "persons having a proper interest therein and upon
order of the court" and specified that records of juvenile courts established in 1921, 1927 and 1935 shall be included as
records subject to provisions applicable to other juvenile records; P.A. 75-327 restated provisions re appointed personnel,
adding executive assistant to chief clerk and director of juvenile probation services as state-wide officers and probation
aides, clerk, detention personnel and supervisory staff on district level; P.A. 76-436 amended section to reflect transfer of
duties from juvenile court to superior court and added provisions authorizing chief court administrator to modify assignments as necessary and specifying that persons transferred to superior court are to receive compensation at same level as
received in juvenile court for the remainder of their appointed terms, effective July 1, 1978; Sec. 17-57 temporarily renumbered as Sec. 51-304 and ultimately transferred to Sec. 46b-123 in 1979, (see note to Sec. 17-57) and references to other
sections within provisions revised as necessary by the Revisors to reflect their transfer; P.A. 84-198 deleted provisions for
appointment of a chief clerk in charge of juvenile matters, an executive assistant to such chief clerk, a director of juvenile
probation services and such other necessary office personnel, and deleted a provision that the judges or a committee appoint
probation officers and other personnel "subject to the provisions of section 46b-125".
Annotations to former section 17-57:
Cited. 135 C. 413; id., 516.
The juvenile court is a court of record and as such can speak only through its record. To determine the issues litigated,
the record and the memorandum of decision may be searched. 19 CS 428. Cited. 24 CS 358. Court will not allow a fishing
expedition into records of the juvenile court. 26 CS 316, 319.
Annotations to present section:
Cited. 181 C. 292, 294.
Cited. 43 CS 367, 371.
Sec. 46b-123a. Transfer of personnel to Division of Criminal Justice. All persons employed as court advocates, inspectors or investigators, and associated staff, by
the Judicial Department on July 1, 1996, shall be transferred to the Division of Criminal
Justice on said date.
(P.A. 95-225, S. 49, 52.)
History: P.A. 95-225 effective July 1, 1996.
Sec. 46b-123b. Transfer of juvenile justice centers to Judicial Department.
Juvenile justice centers within the Office of Policy and Management for administrative
purposes shall, on and after July 1, 1996, or upon the cessation of receipt of federal
funds, whichever is later, be within the Judicial Department.
(P.A. 95-225, S. 44, 52.)
History: P.A. 95-225 effective July 1, 1996.
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 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 subsection (b) of 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) the
records concerning any matter transferred from a court of probate pursuant to section
45a-623 or subsection (g) of section 45a-715 or any appeal from probate to the superior
court for juvenile matters pursuant to subsection (b) of section 45a-186 shall be available
to the court of probate from which such matter was transferred or from which such
appeal was taken, (2) such records shall be available to (A) the attorney representing
the child or youth, including the Division of Public Defender Services, in any proceeding
in which such records are relevant, (B) the parents or guardian of the child or youth
until such time as the child or youth 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, and
(H) the Department of Children and Families. Any records of cases of juvenile matters,
or any part thereof, provided to any persons, governmental and private agencies, and
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 or in the report required under section 54-76d or 54-91a.
(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.
(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, and (2) employees and authorized agents of state or
federal agencies involved in (A) the delinquency proceedings, (B) the provision of services directly to the child, or (C) the design and delivery of treatment programs pursuant
to section 46b-121j. Such employees and authorized agents include, but are not limited
to, law enforcement 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, officials of the Division of Criminal
Justice, the Division of Public Defender Services, the Department of Children and Families, the Court Support Services Division, the Board of Pardons and Paroles and agencies
under contract with the judicial branch, and an advocate appointed pursuant to section
54-221 for a victim of a crime committed by the child. 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, and (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. 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.
(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.
(f) Records of cases of juvenile matters involving delinquency proceedings, or any
part thereof, shall be available to the victim of the crime committed by such child to the
same extent as the record of the case of a defendant in a criminal proceeding in the regular
criminal docket of the Superior Court is available to a victim of the crime committed by
such defendant. The court shall designate an official from whom such victim may request
such information. Records disclosed pursuant to this subsection shall not be further
disclosed.
(g) Information concerning a child who has escaped from a detention center or from
a facility to which he has been committed by the court 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 his possession
to any person employed by the Division of Criminal Justice as a prosecutorial official,
inspector or investigator who, in the performance of his duties, requests such records,
information or files, or to prohibit any such employee of said division from disclosing
any records, information or files in his possession to any such employee of the judicial
branch who, in the performance of his duties, requests such records, information or files.
(i) A state's attorney shall disclose to the defendant or his 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.
(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.)
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, (see note to Sec. 17-57a) 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 amended
Subsec. (a) to add Subdiv. (4) re availability of information on the identity of a child arrested for a felony and the nature
of the offense and Subdiv. (5) re the 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 amended Subsec. (a) to add a new Subdiv. (4) re the 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 twenty-one 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 Subsec. (b) of 45a-186 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 Subdiv. (3) to Subsec.
(a) 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 Subdiv. (2) of Subsec. (a) by changing reference to section 46b-111 to
Subsec. (d) of Sec. 46b-115j, 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.
Annotation to former section 17-57a:
Cited. 33 CS 599.
Annotations to present section:
Cited. 195 C. 303, 310. Cited. 211 C. 151, 160. Cited. 214 C. 454, 460, 463. History and policy discussed. 216 C. 563-
565, 567-584. Confidentiality statute cited. Id. Cited. 221 C. 447, 459. Cited. 227 C. 641, 643. Cited. 229 C. 691, 697.
Cited. 235 C. 595, 606. Cited. 237 C. 364, 374.
Cited. 21 CA 654, 661. Cited. 36 CA 345, 351. Section provides an exception to confidentiality provision for child's
parent but only until the child reaches the age of majority; and while statute does not create a statutory privilege against
disclosure of juvenile records for family members of child who is the subject of proceedings in juvenile matters, it is
appropriate to consider the nature of the information generally contained in juvenile records to decide whether the records
should remain confidential. 76 CA 730.
Cited. 36 CS 352, 355. Cited. 40 CS 316. Cited. 41 CS 23. Cited. Id., 145. Cited. Id., 229. Cited. Id., 505. Cited. 42 CS
562. Cited. 43 CS 38, 40. Cited. Id., 108. Cited. Id., 211. Cited. Id., 367. Cited. 44 CS 101. Cited. Id., 235. Cited. Id., 437.
Cited. Id., 468. Cited. Id., 527. Cited. Id., 551.
Subsec. (a):
Cited. 215 C. 739, 746. Cited. 216 C. 563, 578, 580.
Cited. 1 CA 584, 585, 589, 590. Cited. 45 CA 508. Court abused its discretion by ordering that attachment of a copy
of its memorandum of decision in a termination of parental rights case be appended to any future requests by child's foster
parents for a restraining order to prevent respondent father from contacting them. 56 CA 55.
Subsec. (d):
Victim not permitted to use actual documents released by juvenile court in civil action for damages but may use
information in documents to uncover admissible evidence. 45 CS 315.
Subsec. (e):
Extent to which court may release juvenile records to victim of a delinquent act and whether child required to be
adjudicated a delinquent before victim entitled to release of information. 45 CS 315.
Sec. 46b-125. (Formerly Sec. 51-306). Juvenile probation officers and juvenile
matters investigators. Rights in retirement system. Duties and authority. (a) All
persons employed as full-time juvenile probation officers in service in this state on
January 1, 1941, and appointed without examination in the first instance juvenile probation officers of this court, shall retain full rights in any pension system or retirement
fund in which they participated or to which they contributed.
(b) Probation officers shall make such investigations and reports as the court directs
or the law requires. They shall execute the orders of the court; and, for that purpose,
such probation officers, and any other employees specifically designated by the court
to assist the probation officers in the enforcement of such orders, shall have the authority
of a state marshal. They shall preserve a record of all cases investigated or coming under
their care, and shall keep informed concerning the conduct and condition of each person
under supervision and report thereon to the court as it may direct. Any juvenile probation
officer authorized by the Office of the Chief Court Administrator, and any juvenile
matters investigator authorized by the Office of the Chief State's Attorney, may arrest
any juvenile on probation without a warrant or may deputize any other officer with
power to arrest to do so by giving such officer a written statement setting forth that
the juvenile has, in the judgment of the juvenile probation officer or juvenile matters
investigator, violated the conditions of the juvenile's probation. When executing such
orders of the court, except when using deadly physical force, juvenile probation officers
and juvenile matters investigators shall be deemed to be acting in the capacity of a peace
officer, as defined in subdivision (9) of section 53a-3.
(1949 Rev., S. 2822; 1969, P.A. 794, S. 5; P.A. 77-614, S. 66, 610; P.A. 84-198, S. 5, 7; P.A. 93-391; P.A. 00-99, S.
90, 154; P.A. 01-84, S. 3, 26; 01-195, S. 36, 181.)
History: 1969 act specified that probation officers and other employees designated by court to assist them have authority
of a deputy sheriff; P.A. 77-614 replaced personnel department with department of administrative services; Sec. 17-58
temporarily renumbered as Sec. 51-366 and ultimately transferred to Sec. 46b-125 in 1979, see note to Sec. 17-58; P.A.
84-198 deleted provision requiring appointment of all juvenile probation personnel from a list of persons certified by the
department of administrative services as being qualified for such appointment; P.A. 93-391 inserted Subsec. indicators
and amended Subsec. (b) to authorize any juvenile probation officer or juvenile matters investigator to arrest any juvenile
on probation without a warrant or deputize another officer to do so and to specify when such officers and investigators are
deemed to be acting in the capacity of a peace officer; P.A. 00-99 replaced reference in Subsec. (b) to deputy sheriff in
each county of the state with state marshal, effective December 1, 2000; P.A. 01-84 amended Subsec. (b) to provide that
the Office of the Chief State's Attorney, rather than the Office of the Chief Court Administrator, authorizes a juvenile
matters investigator to arrest a juvenile on probation and to make technical changes for purposes of gender neutrality,
effective July 1, 2001; P.A. 01-195 made technical changes in Subsec. (b) for purposes of gender neutrality, effective July
11, 2001.
Sec. 46b-126. (Formerly Sec. 51-307). Secure facilities for care and treatment
of children. There shall be established or designated by the Department of Children and
Families a secure facility or facilities within the state devoted to the care and treatment of
children, which children are under the jurisdiction of the Superior Court. A consideration
for admission to such a facility shall be adjudication for a serious juvenile offense.
(1971, P.A. 170; P.A. 76-194, S. 4; 76-436, S. 17, 681; P.A. 77-326; 77-452, S. 23, 72; P.A. 79-581, S. 2; P.A. 83-402,
S. 1; P.A. 84-252; P.A. 86-185, S. 1; P.A. 89-273, S. 2; P.A. 90-136, S. 1; 90-187, S. 1, 3; P.A. 93-91, S. 1, 2; P.A. 95-225, S. 39.)
History: P.A. 76-194 specified that superior court has exclusive jurisdiction upon transfer of case, that child is to be
tried and sentenced, if convicted, as if he were sixteen and that if action dismissed or child found innocent, etc. he resumes
juvenile status; P.A. 76-436 replaced references to juvenile court and superior court with references to juvenile and criminal
dockets of superior court where necessary to reflect transfer of juvenile court duties to superior court, effective July 1,
1978; P.A. 77-326 rearranged Subdiv. indicators but did not take effect; P.A. 77-452 made technical correction; P.A. 79-581 entirely replaced previous provisions, broadening applicability of provisions from cases involving murder to those
involving class A felonies or serious juvenile offenses; Sec. 17-60a temporarily transferred to Sec. 51-307 and ultimately
transferred to Sec. 46b-126 in 1979, (see note to Sec. 17-60a) and references to other sections within provisions revised
as necessary by the Revisors to reflect their transfer; P.A. 83-402 authorized transfer of child to regular criminal docket
for commission of offenses classified as Class B or C felonies, deleted requirement that court make investigation prior to
transfer and revised provision re determination of child's danger to society in Subsec. (a); P.A. 84-252 amended Subsec.
(b) by deleting phrase requiring that care be "by qualified medical experts"; P.A. 86-185 amended Subsec. (a) to add
provision that a transfer order shall be a final judgment for purposes of appeal; P.A. 89-273 amended Subsec. (a) to add
"Except as otherwise provided in section 46b-127" and to make the transfer hearing discretionary rather than mandatory;
P.A. 90-136 amended Subsec. (a) to exclude from the discretionary transfer provisions of section any child referred for
the commission of the class A felony of murder, to add provisions re the rights of the child and the procedure applicable
at the transfer hearing, to grant credit against any sentence imposed for time served in a juvenile facility prior to transfer,
to authorize a child to plead guilty to a lesser offense and provide that a child who so pleads shall not resume his juvenile
status re said offense, and to replace a reference to a finding of "innocent" with a finding of "not guilty"; P.A. 90-187
amended Subsec. (a) to add provision requiring a transferred child to be maintained in a facility for children and youth
rather than in a correctional facility until he is sixteen years of age or sentenced, whichever occurs first, effective July 1,
1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of
children and youth services, effective July 1, 1993; P.A. 95-225 deleted former Subsec. (a) re the discretionary transfer of
children charged with certain felonies to the regular criminal docket of the Superior Court.
Annotations to former section 17-60a:
Juvenile court has power to transfer plaintiff based on finding of reasonable cause to believe that he was a participant
in a felony and murder. 171 C. 683, 687. Removes juvenile status of juvenile upon such juvenile's transfer from jurisdiction
of juvenile court. 173 C. 414. Cited. Id., 414-418. Cited. 182 C. 419, 420. Cited. 206 C. 346, 360. Cited. 207 C. 270, 275.
Cited. 240 C. 743.
Annotations to present section:
Transfer order under statute not a final appealable judgment. 195 C. 303-306, 310, 313, 314. Cited. 204 C. 630, 633.
Cited. 206 C. 323, 326, 330, 331. Cited. Id., 346, 350, 355-360, 362. Cited. 210 C. 435, 443. Cited. 211 C. 151, 158, 166.
Cited. Id., 289, 296-299, 301, 304, 318. Cited. Id., 289, 298, 300. Cited. 214 C. 454, 460. Cited. 220 C. 162, 165. Cited.
221 C. 109, 112. Cited. 229 C. 691, 697, 701. Cited. 237 C. 364, 374. Cited. 240 C. 727.
The order denying a transfer under this section is not a final judgment or an order from which the state can appeal. 1
CA 378, 379, 383, 384. Cited. Id., 584, 585. Defendant took no direct appeal from the transfer order resulting in a waiver
of such appeal at a later point. 51 CA 117.
Cited. 43 CS 367, 368, 370.
Sec. 46b-127. (Formerly Sec. 51-308). Transfer of child charged with a felony
to the regular criminal docket. (a) The court shall automatically transfer from the
docket for juvenile matters to the regular criminal docket of the Superior Court the case
of any child charged with the commission of a capital felony, a class A or B felony or
a violation of section 53a-54d, provided such offense was committed after such child
attained the age of fourteen years and counsel has been appointed for such child if such
child is indigent. Such counsel may appear with the child but shall not be permitted to
make any argument or file any motion in opposition to the transfer. The child shall be
arraigned in the regular criminal docket of the Superior Court at the next court date
following such transfer, provided any proceedings held prior to the finalization of such
transfer shall be private and shall be conducted in such parts of the courthouse or the
building wherein court is located as shall be separate and apart from the other parts of
the court which are then being held for proceedings pertaining to adults charged with
crimes. The file of any case so transferred shall remain sealed until the end of the tenth
working day following such arraignment unless the state's attorney has filed a motion
pursuant to this subsection, in which case such file shall remain sealed until the court
makes a decision on the motion. A state's attorney may, not later than ten working days
after such arraignment, file a motion to transfer the case of any child charged with the
commission of a class B felony or a violation of subdivision (2) of subsection (a) of
section 53a-70 to the docket for juvenile matters for proceedings in accordance with
the provisions of this chapter. The court sitting for the regular criminal docket shall,
after hearing and not later than ten working days after the filing of such motion, decide
such motion.
(b) Upon motion of a juvenile prosecutor and order of the court, the case of any
child charged with the commission of a class C or D felony or an unclassified felony
shall be transferred from the docket for juvenile matters to the regular criminal docket
of the Superior Court, provided such offense was committed after such child attained
the age of fourteen years and the court finds ex parte that there is probable cause to
believe the child has committed the act for which he is charged. The file of any case so
transferred shall remain sealed until such time as the court sitting for the regular criminal
docket accepts such transfer. The court sitting for the regular criminal docket may return
any such case to the docket for juvenile matters not later than ten working days after
the date of the transfer for proceedings in accordance with the provisions of this chapter.
The child shall be arraigned in the regular criminal docket of the Superior Court by the
next court date following such transfer, provided any proceedings held prior to the
finalization of such transfer shall be private and shall be conducted in such parts of the
courthouse or the building wherein court is located as shall be separate and apart from
the other parts of the court which are then being held for proceedings pertaining to adults
charged with crimes.
(c) Upon the effectuation of the transfer, such child shall stand trial and be sentenced,
if convicted, as if he were sixteen years of age. Such child shall receive credit against
any sentence imposed for time served in a juvenile facility prior to the effectuation of
the transfer. A child who has been transferred may enter a guilty plea to a lesser offense
if the court finds that such plea is made knowingly and voluntarily. Any child transferred
to the regular criminal docket who pleads guilty to a lesser offense shall not resume his
status as a juvenile regarding said offense. If the action is dismissed or nolled or if such
child is found not guilty of the charge for which he was transferred or of any lesser
included offenses, the child shall resume his status as a juvenile until he attains the age
of sixteen years.
(d) Any child transferred to the regular criminal docket of the Superior Court who
is detained shall be in the custody of the Commissioner of Correction upon the finalization of such transfer. A transfer shall be final (1) upon the expiration of ten working
days after the arraignment if no motion has been filed by the state's attorney pursuant
to subsection (a) of this section or, if such motion has been filed, upon the decision of
the court to deny such motion, or (2) upon the court accepting the transfer pursuant to
subsection (b) of this section. Any child returned to the docket for juvenile matters who
is detained shall be in the custody of the Judicial Department.
(e) The transfer of a child to a Department of Correction facility shall be limited to
the provisions of subsection (d) of this section and said subsection shall not be construed
to permit the transfer of or otherwise reduce or eliminate any other population of juveniles in detention or confinement within the Judicial Department or the Department of
Children and Families.
(P.A. 75-620, S. 1-4; P.A. 76-194, S. 3; 76-436, S. 18, 19, 20, 681; P.A. 79-581, S. 3; P.A. 83-402, S. 2; P.A. 86-185,
S. 2; P.A. 90-136, S. 2; 90-187, S. 2, 3; July Sp. Sess. P.A. 94-2, S. 6; P.A. 95-225, S. 13; P.A. 97-4, S. 1, 2; 97-319, S.
21, 22; P.A. 98-256, S. 3; P.A. 04-127, S. 2; 04-148, S. 1.)
History: P.A. 76-194 required that child "be sentenced, if convicted" as if he were sixteen; P.A. 76-436 revised provisions
to reflect transfer of juvenile court duties to superior court, substituting references to criminal and juvenile dockets for
references to said courts, etc., effective July 1, 1978; P.A. 79-581 clarified and qualified circumstances under which matters
transferred from juvenile to criminal docket and deleted requirements that transfer is contingent upon investigation finding
that no suitable institution for care of children exists to which child in question may be committed and that court facilities
for criminal sessions and institutions for those sixteen or over are suitable for child's care and confinement and deleted
former Subsecs. (b) and (c) re establishment of maximum security facility for care and treatment of children under superior
court jurisdiction and re court-ordered evaluation to determine whether institutions for children or institutions for those
sixteen and over are more suitable for care and treatment of child in question; Sec. 17-60b temporarily renumbered as Sec.
51-308 and ultimately transferred to Sec. 46b-127 in 1979; P.A. 83-402 qualified reference to commission of murder in
Subdiv. (1) by specifying murder "under sections 53a-54a to 53a-54d, inclusive" and required that written findings be
made rather than an investigation prior to transfer; P.A. 86-185 added provision that a transfer order shall be a final judgment
for purposes of appeal; P.A. 90-136 excluded from the provisions of Subdiv. (2) a child referred for the commission of
the class A felony of murder, added provisions re the rights of the child and the procedure applicable at the hearing,
authorized credit against any sentence imposed for time served in a juvenile facility prior to transfer, authorized a child to
plead guilty to a lesser offense and provided that a child who so pleads shall not resume his juvenile status re said offense,
and replaced a reference to a finding of "innocent" with a finding of "not guilty"; P.A. 90-187 added provision requiring
a transferred child to be maintained in a facility for children and youth rather than in a correctional facility until he is
sixteen years of age or sentenced, whichever occurs first, effective July 1, 1991; July Sp. Sess. P.A. 94-2 designated existing
provisions re children required to be transferred to the regular criminal docket as Subsec. (a) and amended said Subsec.
to add a new Subdiv. (2) requiring the transfer of any child referred for the violation of certain firearm-related offenses,
renumbering the remaining Subdivs. accordingly, to exclude from Subdivs. (3) and (4) any child referred for a violation
of any provision specified in Subdiv. (2), to add provision requiring the prosecuting authority for juvenile matters to
consider whether the child is a person with mental retardation or suffers from a substantial mental disorder in deciding
whether to seek the transfer of the child under Subdiv. (2) and to add provision authorizing the child to file a notice of
intent to request a hearing under Subsec. (c), designated existing provisions re probable cause hearing as Subsec. (b), added
Subsec. (c) re a hearing for a child referred pursuant to Subsec. (a)(2) at which he may present evidence that he should not
be transferred to the regular criminal docket and the factors that must be proven at such hearing to avoid such a transfer,
deleted the provision that a transfer order is a final judgment for purposes of appeal and designated existing provisions re
post-transfer procedures as Subsec. (d); P.A. 95-225 substantially revised section by deleting former Subsecs. (a), (b) and
(c), adding new Subsec. (a) re automatic transfer of a child charged with the commission of a capital felony, a class A or
B felony or a violation of section 53a-54d, adding new Subsec. (b) re transfer of a child charged with a class C or D felony
or an unclassified felony and redesignating former Subsec. (d) re post-transfer procedures as Subsec. (c); P.A. 97-4 amended
Subsec. (c) to delete provision that prohibited a child being placed in a correctional facility and required the child to be
maintained in a facility for children and youth until he attains the age of sixteen years or until he is sentenced, whichever
occurs first, added Subsec. (d) providing that a child transferred to the regular criminal docket shall be in the custody of
the Commissioner of Correction upon the finalization of the transfer and specifying when a transfer is final, and added
Subsec. (e) limiting the transfer of children and juveniles to a Department of Correction facility, effective March 20, 1997;
P.A. 97-319 amended Subsec. (a) by adding provision re appointment of counsel for indigent child, effective July 1, 1997;
P.A. 98-256 amended Subsec. (a) to require the file of a transferred case to remain sealed "until the end of the tenth working
day following such arraignment" rather than "until the tenth day following such arraignment" and to replace "disposition"
with "proceedings", amended Subsec. (b) to provide that the case shall be transferred upon "order of the court" rather than
upon "approval by the court", to establish a deadline for a court to return a case to the docket for juvenile matters of "not
later than ten working days after the date of the transfer" and to require arraignment "by the next court date" rather than
"at the next court date" and amended Subsec. (c) to make provision mandating that a child resume his status as a juvenile
when found not guilty of the transferred charge also apply when found not guilty of any lesser included offenses; P.A. 04-127 amended Subsecs. (a) and (b) by adding provisions re privacy and location of proceedings held prior to finalization
of transfer and made a technical change in Subsec. (a); P.A. 04-148 amended Subsec. (a) to authorize the transfer of the
case of a child charged with a violation of Sec. 53a-70(a)(2) to the docket for juvenile matters.
See Sec. 18-65a re confinement of young and teenage women and female children.
See Sec. 18-73 re confinement of male children and youths.
Annotation to former section 17-60b:
Cited. 42 CS 426-429, 432, 497.
Annotations to present section:
Cited. 195 C. 303, 310. Cited. 206 C. 323, 324, 326, 327, 330, 331. Section "required a transfer of defendant back to
Juvenile Matters after it had been found that there was no probable cause to believe he had committed murder". Id., 346,
347, 350, 353-362. Cited. 207 C. 270, 275. Cited. 210 C. 435, 443. Cited. 211 C. 151, 158, 166. Cited. Id., 289, 296, 298,
299, 301, 304-307, 312, 318. Cited. 214 C. 454, 455, 457, 460, 461. Cited. 215 C. 277-282. Cited. 218 C. 714, 715, 717.
Cited. 220 C. 162, 165. Cited. 221 C. 109, 110, 112, 114, 116, 119, 124, 125. Cited. 224 C. 29, 38. Cited. 226 C. 497, 499,
500. Requirements by section for adjudication of juvenile matter are not contemporaneous with procedural requirements
of Sec. 54-46a. 229 C. 691-695, 697, 699, 701, 702. Cited. 233 C. 44, 64. 1994 amendment affects substantive rights and
therefore applies prospectively. Judgment of appellate court reversed. 237 C. 364, 366, 369-378. P.A. 94-2 Sec. 6, July
Spec. Sess. cited. Id. Section must be read to authorize the same sentence for those children convicted of lesser included
offenses after a full trial as for those who plead guilty to lesser included offenses. 240 C. 727. Cited. Id., 743. Section, as
amended by Sec. 2 of P.A. 86-185, does not apply retroactively. 258 C. 621.
Cited. 20 CA 321, 330. Cited. 24 CA 244-246. Cited. 28 CA 608-610. Cited. 29 CA 499, 500. Cited. Id., 573, 574.
Cited. Id., 771. Cited. 30 CA 381, 382, 384, 385, 391, 392. Cited. 32 CA 431, 433, 434, 436. Cited. Id., 759-765. Cited.
33 CA 90, 92. Cited. 36 CA 364, 365, 381. Cited. 46 CA 545.
Cited. 42 CS 426-429, 432, 437. Court allowed full participation of both state's attorney and state's advocate in transfer
hearing. 43 CS 38, 40, 41. Cited. Id., 367-370.
Former Subdiv. (1):
Cited. 211 C. 289, 295-301, 307, 310, 313. Cited. 215 C. 277, 278. Cited. 218 C. 714, 715. Cited. 240 C. 727.
Cited. 24 CA 244, 245.
Former Subdiv. (2):
Cited. 211 C. 289, 298.
Subsec. (a):
Statute does not create vested liberty interest in juvenile status and therefore procedural due process is not denied by
transferring juvenile to criminal docket without notice, hearing or the assistance of counsel; nor does statute violate juvenile's rights to substantive due process and equal protection of the law or violate principle of separation of powers. 245
C. 93.
Subsec. (d):
Cited. 240 C. 727.
Sec. 46b-128. (Formerly Sec. 51-309). Investigation of delinquency complaint.
Nonjudicial disposition. Petition of delinquency. Summoning of child and parent
or guardian. (a) Whenever the Superior Court is in receipt of any written complaint
filed by any person, any public or private agency or any federal, state, city or town
department maintaining that a child's conduct constitutes delinquency within the meaning of section 46b-120, it shall make a preliminary investigation to determine whether
the facts, if true, would be sufficient to be a juvenile matter and whether the interests
of the public or the child require that further action be taken. If so, the court may authorize
the filing of a verified petition of alleged delinquency or it may make without such
petition whatever nonjudicial disposition is practicable, including the ordering of such
child to do work of which he is capable in public buildings or on public property, particularly in cases in which the complaint alleges that the conduct of such child resulted in
the wilful destruction of property, provided the facts establishing jurisdiction are admitted and that a competent acceptance of such a disposition has been given by the child and
his parent or guardian. If a nonjudicial disposition is made, the term of any nonjudicial
supervision shall be established by the juvenile probation supervisor provided such
period of supervision shall not exceed one hundred eighty days. Each verified petition
of delinquency filed by the court shall set forth plainly (1) the facts which bring the
child within the jurisdiction of the court, (2) the name, date of birth, sex and residence
of the child, (3) the names and residence of his parent or parents, guardian or other
person having control of the child, and (4) a prayer for appropriate action by the court
in conformity with the provisions of this chapter.
(b) Upon the filing of a delinquency petition, the court may, either forthwith or after
investigation, cause a summons, which summons shall have a copy of said verified
petition attached thereto, signed by the judge or by the clerk or assistant clerk of such
court, to be issued, requiring the child and the parent or parents, guardian or other person
having control of the child to appear in court at the time and place therein specified.
Whenever it appears to the judge that orders addressed to an adult, as set forth in section
46b-121, are necessary for the welfare of such child, a similar summons shall be issued
and served upon such adult if such adult is not already in court. Service of summons,
together with a copy of the verified petition, may be made by any one of the following
methods: (1) By the delivery of a true and attested copy thereof to the person summoned,
or at such person's usual place of abode; (2) by restricted delivery addressed to the
person summoned, return receipt requested; or (3) by first class mail addressed to the
person summoned. Any notice sent by first class mail shall include a provision informing
the party that appearance in court as a result of the notice may subject the appearing
party to the jurisdiction of the court. If service is made by first class mail and the party
does not appear, no order may be entered by the court in the case. If, after reasonable
effort, personal service has not been made, such substitute service, by publication or
otherwise, as the judge may order, shall be sufficient. Service may be made by any
officer authorized by law to serve process, or by a probation officer, probation aide or
indifferent person, and the court may allow suitable expenses and a reasonable fee therefor. The court may punish for contempt, as provided in section 46b-121, any parent,
guardian or other person so summoned who fails to appear in court at the time and place
so specified.
(1949 Rev., S. 2807; 1967, P.A. 630, S. 6; 1969, P.A. 794, S. 6; P.A. 75-157; 75-226, S. 1; P.A. 76-436, S. 15, 681;
P.A. 95-225, S. 14; P.A. 00-196, S. 27.)
History: 1967 act added requirement that copy of petition be served with the summons; 1969 act applied provisions to
delinquent children only where previously applicable to "uncared-for, neglected, dependent or delinquent" children, added
provisions re nonjudicial disposition of child and re contents of petition of delinquency and authorized service of summons
at person's usual place of abode; P.A. 75-157 authorized probation aides to serve summons; P.A. 75-226 allowed court to
order child to do work in public buildings or on public property in cases where complaint alleges that child's conduct
resulted in wilful destruction of property; P.A. 76-436 made changes in wording to reflect transfer of juvenile court powers
to superior court, effective July 1, 1978; Sec. 17-61 temporarily renumbered as Sec. 51-309 and ultimately transferred to
Sec. 46b-128 in 1979, (see note to Sec. 17-61) and references to other sections within provisions revised as necessary by
the Revisors to reflect their transfer; P.A. 95-225 inserted Subsec. indicators, amended Subsec. (a) to delete the provision
that prohibited nonjudicial supervision being continued beyond three months unless reviewed and extended by the judge
or the supervising officer's administrative superior and with the continuing acceptance of such action by the child and his
parent or guardian and add the provision that if a nonjudicial disposition is made, the term of nonjudicial supervision shall
be established by the juvenile probation supervisor and shall not exceed one hundred eighty days and amended Subsec.
(b) to authorize service of the summons and copy of the verified petition to be made by restricted delivery addressed to
the person summoned, return receipt requested, or by first class mail addressed to the person summoned, require any notice
sent by first class mail to inform the party that appearance in court as a result of the notice may subject the appearing party
to the jurisdiction of the court, prohibit an order being entered in the case if service is by first class mail and the party does
not appear, and authorize the court to punish for contempt any parent, guardian or other person so summoned who fails
to appear in court at the time and place so specified; P.A. 00-196 made technical changes in Subsec. (b).
See Sec. 46b-142 re venue and appeals in juvenile matters.
Annotations to former sections 17-61 and 51-309:
Cited. 171 C. 630, 641 (Dissent).
Cited. 19 CS 374; 26 CS 316.
Annotations to present section:
Cited. 206 C. 323, 326. Cited. Id., 346, 349. Cited. 229 C. 691, 700.
Subdiv. (1):
Cited. 211 C. 289, 294.
Sec. 46b-129. (Formerly Sec. 51-310). Commitment of child or youth. Petition
for neglected, uncared-for, dependent child or youth. Hearing re temporary custody, order to appear or petition. Review of permanency plan. Revocation of commitment. Applicability of provisions re placement of child from another state and
Interstate Compact on the Placement of Children. (a) Any selectman, town manager,
or town, city, or borough welfare department, any probation officer, or the Commissioner of Social Services, the Commissioner of Children and Families or any child-caring institution or agency approved by the Commissioner of Children and Families,
a child or such child's representative or attorney or a foster parent of a child, having
information that a child or youth is neglected, uncared-for or dependent, may file with
the Superior Court which has venue over such matter a verified petition plainly stating
such facts as bring the child or youth within the jurisdiction of the court as neglected,
uncared-for, or dependent, within the meaning of section 46b-120, the name, dat