You asked about 2007 legislative changes in the laws regulating the conduct of status offending children and youth (such as truants, runaways, and children and youth beyond their parents' control). You were specifically concerned with the treatment of 16- and 17-year-olds. The Youth in Crisis (YIC) program serves 16- and 17-year olds; the Family With Service Needs (FWSN) program currently serves children under age 16. Beginning January 1, 2010, the YIC program will end and those youth will qualify for expanded FWSN services.

SUMMARY

Public Act 07-4 (June Special Session) increases the authority of law enforcement and the courts to regulate the conduct of 16- and 17-year olds who have not committed crimes, but who have engaged in out of control conduct such as running away or refusing to obey their parents' reasonable rules. Until January 1, 2010, these youth will continue to qualify for limited police and court intervention through the YIC program. The act eliminates this program on that date and makes them eligible for FWSN services thereafter.

CURRENT LAW: YOUTH IN CRISIS (CGS §§ 46b-150f THROUGH -150h)

The law defines three kinds of 16- and 17- year olds who can become YICs: those who (1) run away from home or some other residence without cause; (2) are beyond their parents', guardians', or other custodian's control; or (3) are habitual truants.

Police Response

Police are required to try to locate runaways when a parent or guardian reports them missing. They must tell the youth's parent or guardian where he or she is unless they determine that doing so would place the youth in physical or emotional harm.

In addition to notifying parents, the police must do one of the following:

1. bring the youth home or to the home of a suitable and worthy adult;

2. refer the youth to the local probate court, if the judge is willing to accept the referral;

3. hold the youth for up to 12 hours or, during this period, release him to his parent or guardian if doing so would not place him in physical or emotional harm;

4. bring the youth to a public or private agency that serves this population;

5. refer him or her to a youth service bureau if one serves the community; or

6. if all other options fail, refer the youth to Juvenile Court.

The Police Officer Standards and Training Council has developed a uniform protocol for local and state police to use in intervening and providing assistance in YIC matters.

Limited Juvenile Court Authority

Under the law, the court may do one or more of the following:

1. refer a YIC to a youth service bureau if one serves the community;

2. review the option for either the youth or his or her parents or guardian to seek emancipation (i. e. , obtaining a probate court order declaring the youth to be a legal adult);

3. direct the motor vehicle commissioner to suspend the youth's driver's license for up to one year; or

4. order the youth to work or perform community service, attend school or some other educational program, or obtain mental health services.

The law prohibits courts from declaring youth who violate YIC orders to be juvenile delinquents or from ordering that they be placed in detention, limitations that significantly restrict judges' ability to regulate their conduct.

PA 07-4 — AN ACT IMPLEMENTING THE PROVISIONS OF THE BUDGET CONCERNING GENERAL GOVERNMENT

Section 123 of PA 07-4 eliminates the YIC law on January 1^st, 2010. On that date, 16- and 17-year old status offenders become eligible for FWSN services and interventions, which the act significantly expands beyond those currently available. In limited circumstances, the act also authorizes courts to order short-term detention of status offenders.

Although the act makes the FWSN expansion effective October 1, 2007, those changes will not affect YICs until 2010.

§§ 30 - 32, 37 — Families with Service Needs

The act expands diversion services and court options for FWSN children. Generally, these are families with children under age 16 who have engaged in behavior such as running away or truancy (i. e. , have committed status offenses). (Section 79 of the act makes 16- and 17-year olds eligible for the FWSN program beginning January 1, 2010. )

FWSN Complaints

The law authorizes various relatives and state and local officials to file court complaints when they believe a child's behavior meets FWSN criteria. The court, in turn, refers these complaints to juvenile probation officers who must promptly investigate and decide what, if any, action is appropriate. Currently, probation officers who determine that the complaint raises legitimate FWSN issues may either refer the child and family for services or file a petition asking a judge to declare the child a FWSN child.

The act prohibits probation officers from filing FWSN petitions without (1) first conducting an initial assessment and referring the child for voluntary services and (2) being notified by the provider that the family can no longer benefit from the services. In addition to the existing referral option of community-based programs and other providers, the act directs the Judicial Department's Court Support Services Division (CSSD) to establish a network of family support centers providing multiple services intended to prevent further court involvement.

Family Support Centers

The act directs the CSSD to contract with at least one private provider or youth service bureau, or both, to develop the network. It defines a family support center as a community-based service center for children and families against whom a FWSN complaint has been filed. Its purpose is to prevent the child and family from further involvement in FWSN proceedings.

Each center must provide, or ensure access to, appropriate services, including:

1. screening and assessment;

2. crisis intervention;

3. family mediation;

4. educational evaluations and advocacy;

5. mental health treatment and services, including gender-specific trauma treatment and services;

6. resiliency skill building; and

7. short-term respite care.

Each must also provide access to positive social activities and services available to children in the juvenile justice system.

CSSD must have each center independently evaluated to measure service quality and outcomes for children and families.

Repeat Probation Officer Assessments

The act requires a probation officer, each time a service provider or family resource center head informs him or her that a referred family can no longer benefit from its services, to conduct an appropriate assessment and decide whether filing a FWSN petition is appropriate. A notice from a community based provider can trigger a referral to a family support center.

As under existing law, the probation officer must notify the individual who filed the FWSN complaint of his or her action. The act eliminates the ability of the complaining party to file a FWSN petition on his own within 30 days of receiving notice that the probation officer is not doing so.

Actions While FWSN Petitions Are Pending In Court

Currently, judges may suspend formal court proceedings involving FWSN petitions (i. e. , grant continuances) for up to three months when they determine that a service referral is in the child and family's best interests. The act allows the court to grant continuances of up to six months and authorizes an additional three-month extension for cause. As under existing law, judges can dismiss the FWSN petition at the end of the continuance when it appears that the matter has been satisfactorily resolved.

Case Dispositions: DCF Commitments

The law authorizes courts to issue orders directing the future conduct of children and families it has found to be FWSNs. The act entitles children to legal representation and an evidentiary hearing. Currently, one court option is to order the child committed to DCF custody for an indefinite period of up to 18 months. The act allows these orders only when the court finds that there is no less restrictive alternative. Existing law permits courts to grant a DCF petition to extend a FWSN child's DCF commitment for another 18 months when it finds this is in the child's best interest. The act prohibits the court from granting an extension unless it finds that there is no less restrictive alternative.

Sanctioning FWSN Order Violators

The act authorizes probation officers to file court petitions alleging that the child has violated the terms of a FWSN order. It specifies that the child is entitled to legal representation and an evidentiary hearing on the petition's allegations. If the court grants the petition, the act authorizes it to order the child to:

1. remain at home or in the custody of a suitable person, subject to a probation officer's supervision or

2. be committed to DCF's care and custody, and to cooperate with DCF, for up to 18 months.

These sanctions are already permissible under current law.

Placement in Staff-Secure Facilities

The act also permits courts to enter orders directing or authorizing peace officers or other appropriate people to place the child in a staff-secure facility under the auspices of CSSD for up to 45 days. It specifies that children cannot be detained for more than 24 hours, excluding weekends and holidays, while waiting for a court hearing on this issue.

The act defines staff-secure facilities as residential facilities:

1. that do not include construction features designed to physically restrict the movements and activities of residents and

2. in which the movements and activities of individual juvenile residents may be restricted or subject to control for treatment purposes through the use of intensive staff supervision.

The act authorizes staff-secure facilities to establish reasonable rules restricting entrance to and exit from the facility.

Courts must find that there is no less restrictive alternative appropriate to the needs of the child and community before they can order a FWSN violator to be placed in a staff-secure facility. They must review the appropriateness of continuing the placement every 15 days. The child must be returned to the community after the period of staff-secure placement ends and may be subject to probation officer supervision.

Emergency Staff-Secure Placements

The act also allows probation officers to file a court petition alleging that a FWSN child is at risk of immediate physical harm from the child's surroundings or other circumstances. The petition must contain the facts on which the claim is based. If it appears from the specific allegations of the petition and other sworn statements accompanying it, or introduced later, that there is probable cause to believe that the child (1) is in imminent risk of physical harm from his or her surroundings, (2) as a result of such condition, the child's safety is endangered and immediate removal from the surroundings is necessary to ensure that safety, and (3) there is no less restrictive alternative available, the court must enter an order for the child's placement in a staff-secure CSSD facility. The act specifies that these children have the same procedural protections as those afforded to delinquent children.

No child may be detained for more than 24 hours, excluding weekends and holidays, without a court hearing. Placement can last for up to 45 days; the court must reconsider its appropriateness every 15 days. When the placement period ends, the court must either return the child to the community for appropriate services or commit the child to DCF for up to 18 months.

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