Substitute House Bill No. 5317
Substitute House Bill No. 5317
PUBLIC ACT NO. 98-70
AN ACT CONCERNING THE DISCLOSURE OF JUVENILE
RECORDS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 46b-124 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) All records of cases of juvenile matters,
as defined in section 46b-121, except DELINQUENCY
proceedings, [concerning delinquent children,] 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, AS AMENDED, including studies and reports
by probation officers, social agencies and
clinics, 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, AS AMENDED,
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 [, his parents or guardian and to]
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, [and to another court under the
provisions of section 46b-111, and (3)
psychological evaluations shall be available to
the Commissioner of Children and Families for
purposes of diagnosing, caring for or treating a
child in the care or custody of the commissioner]
(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 SECTION 46b-111, (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 AND PROVIDED THE
SUBJECT HAS REACHED THE AGE OF MAJORITY OR HAS
BEEN EMANCIPATED, AND (H) THE DEPARTMENT OF
CHILDREN AND FAMILIES. Any record or any part
thereof forwarded by said court or any of its
employees to any persons, governmental and private
agencies, and institutions, shall not be
disclosed, directly or indirectly, to any third
party not specified in subsection (c) of this
section save upon order of said court or except in
the report required under section 54-76d or
54-91a.
(b) All records of cases of juvenile matters
involving DELINQUENCY proceedings, [concerning
delinquent children,] or any part thereof,
including court records, 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, shall be confidential and for the use
of the court in juvenile matters and shall not be
disclosed except as provided in this section.
(c) Records of cases of juvenile matters
involving [proceedings concerning delinquent
children may be disclosed to and between
individuals and agencies, and employees of such
agencies, involved in the delinquency proceedings
or providing services directly to the child
including] 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, AS AMENDED, 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
OFFICE OF ADULT PROBATION, THE OFFICE OF THE BAIL
COMMISSIONER, THE BOARD OF PAROLE AND AGENCIES
UNDER CONTRACT WITH THE OFFICE OF ALTERNATIVE
SANCTIONS, AND an advocate appointed pursuant to
section 54-221 for a victim of a crime committed
by the child. [, the Office of Adult Probation,
the Office of the Bail Commission, the Board of
Parole and agencies under contract with the Office
of Alternative Sanctions.] Such records shall ALSO
be available to (i) the attorney representing the
child, [his parents or guardian. Such records
shall be available to] 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 AND PROVIDED THE
SUBJECT HAS REACHED THE AGE OF MAJORITY, (iv) law
enforcement officials and prosecutorial officials
conducting legitimate criminal investigations, [.
Such records shall be available to a state agency
pursuant to an agreement with the Judicial
Department to provide] 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. Such 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.
(d) The record of the case of a juvenile
matter involving DELINQUENCY proceedings,
[concerning a delinquent child,] 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.
(e) The record of the case of a juvenile
matter involving DELINQUENCY proceedings,
[concerning a delinquent child,] 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.
(f) 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.
(g) Nothing in this section shall be
construed to prohibit any person employed by the
Judicial Department [as a juvenile prosecutor,
inspector or investigator] from disclosing any
such 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, nor shall such employee of said division
be prohibited from disclosing any records,
information or files in his possession to any such
employee of the Judicial Department who, in the
performance of his duties, requests such records,
information or files.
(h) 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.
Sec. 2. Subsection (f) of section 17a-28 of
the general statutes, as amended by section 8 of
public act 97-319, is repealed and the following
is substituted in lieu thereof:
(f) When the commissioner or his designee
determines it to be in a person's best interest,
the commissioner or his designee may disclose
records, whether or not created by the department
and not otherwise privileged or confidential
communications under state or federal law, without
the consent of a person to:
(1) Multidisciplinary teams which are formed
to assist the department in investigation,
evaluation or treatment of child abuse and neglect
cases or a multidisciplinary provider of
professional treatment services under contract
with the department for a child referred to the
provider;
(2) Any agency in another state which is
responsible for investigating or protecting
against child abuse or neglect for the purpose of
investigating a child abuse case;
(3) An individual, including a physician,
authorized pursuant to section 17a-101f to place a
child in protective custody if such individual has
before him a child whom he reasonably suspects may
be a victim of abuse or neglect and such
individual requires the information in a record in
order to determine whether to place the child in
protective custody;
(4) An individual or public or private agency
responsible for a person's care and custody and
authorized by the department to diagnose, care
for, treat or supervise a child who is the subject
of a record of child abuse or neglect for a
purpose related to the individual's or agency's
responsibilities;
(5) The Attorney General or any assistant
attorney general providing legal counsel for the
department;
(6) Individuals or public or private agencies
engaged in medical, psychological or psychiatric
diagnosis or treatment of a person perpetrating
the abuse or who is unwilling or unable to protect
the child from abuse or neglect when the
commissioner or his designee determines that the
disclosure is needed to accomplish the objectives
of diagnosis or treatment;
(7) A person who reports child abuse pursuant
to sections 17a-101a to 17a-101c, inclusive, AS
AMENDED, and section 17a-103, AS AMENDED, who made
a report of abuse involving the subject child,
provided the information disclosed is limited to
(A) the status of the investigation and (B) in
general terms, any action taken by the department;
(8) An individual conducting bona fide
research, provided no information identifying the
subjects of records shall be disclosed unless (A)
such information is essential to the purpose of
the research; (B) each person identified in a
record or his authorized representative has
authorized such disclosure in writing; and (C) the
department has given written approval;
(9) The Auditors of Public Accounts or their
representative, provided no information
identifying the subjects of the records shall be
disclosed unless such information is essential to
an audit conducted pursuant to section 2-90;
(10) A JUDGE OF THE SUPERIOR COURT FOR
PURPOSES OF DETERMINING THE APPROPRIATE
DISPOSITION OF A CHILD CONVICTED AS DELINQUENT OR
A CHILD WHO IS A MEMBER OF A FAMILY WITH SERVICE
NEEDS; AND
(11) THE SUPERINTENDENTS, OR THEIR DESIGNEES,
OF STATE-OPERATED FACILITIES WITHIN THE
DEPARTMENT.
Sec. 3. Section 46b-140 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) In determining the appropriate
disposition of a child convicted as delinquent,
the court shall consider: (1) The seriousness of
the offense, including the existence of any
aggravating factors such as the use of a firearm
in the commission of the offense and the impact of
the offense on any victim; (2) the child's record
of delinquency; (3) the child's willingness to
participate in available programs; (4) the
existence of other mitigating factors; and (5) the
culpability of the child in committing the offense
including the level of the child's participation
in the planning and carrying out of the offense.
(b) Upon conviction of a child as delinquent,
the court may: (1) Place the child in the care of
any institution or agency which is permitted by
law to care for children; (2) order the child to
participate in an alternative incarceration
program; (3) order the child to participate in a
wilderness school program operated by the
Department of Children and Families; (4) order the
child to participate in a youth service bureau
program; (5) order the child to remain in his own
home or in the custody of a relative or any other
fit person subject to the supervision of the
probation officer; (6) order the child or the
parents or guardian of the child or both to make
restitution to the victim of the offense in
accordance with subsection (d) of this section;
(7) order the child to participate in a program of
community service in accordance with subsection
(e) of this section; or (8) withhold or suspend
execution of any judgment.
(c) The court may order, as a condition of
probation, that the child (1) attend school and
class on a regular basis and comply with school
policies on student conduct and discipline, or (2)
participate in a program of periodic alcohol and
drug testing and treatment, or both.
(d) If the child has engaged in conduct which
results in property damage or personal injury, the
court may order the child or the parent or parents
or guardian of the child, if such parent or
parents or guardian had knowledge of and condoned
the conduct of the child, or both the child and
the parent or parents or guardian, to make full or
partial restitution to the victim of such offense,
provided the liability of such parent or parents
or guardian shall be limited to an amount not
exceeding the amount such parent or parents or
guardian would be liable for in an action under
section 52-572. Restitution may consist of
monetary reimbursement for the damage or injury,
based on the child's or the parent's, parents' or
guardian's ability to pay, as the case may be, in
the form of a lump sum or instalment payments,
paid to the court clerk or such other official
designated by the court for distribution to the
victim.
(e) The court may order the child to
participate in a program of community service
under the supervision of the court or any
organization designated by the court. Such child
shall not be deemed to be an employee and the
services of such child shall not be deemed
employment.
(f) If the court further finds that its
probation services or other services available to
the court are not adequate for such child, the
court shall commit such child to the Department of
Children and Families in accordance with the
provisions of section 46b-141. Prior to making
such commitment, the court shall consult with the
department to determine the placement which will
be in the best interest of such child.
(g) Any child or youth coming within the
jurisdiction of the court, who is found to be
mentally ill, may be committed by said court to
the Commissioner of Children and Families and, if
the court convicts a child as delinquent and finds
him to be mentally deficient, it may commit him to
an institution for mentally deficient children or
youth or delinquents. Whenever a child convicted
by the court as delinquent or adjudged by the
court to be a member of a family with service
needs is fourteen years of age or older and is
further found to be either mentally deficient or
too educationally retarded to benefit from
continued school attendance, the court may order
him to be placed on vocational probation if such
court finds that he may properly be employed for
part or full-time at some useful occupation and
that such employment would be more favorable to
his welfare than commitment to an institution and
the probation officer shall supervise such
employment. For the purposes of this section the
limitations of subsection (a) of section 31-23 on
the employment of minors under the age of sixteen
years shall not apply for the duration of such
vocational probation.
(h) Whenever the court commits a child to the
Department of Children and Families, there shall
be delivered with the mittimus a copy of the
results of the investigations made as required by
section 46b-134. The court may, at any time,
require from the department in whose care a child
has been placed such report as to such child and
his treatment.
(i) (1) If the delinquent act for which the
child is committed to the Department of Children
and Families is a serious juvenile offense, the
court may set a period of time during which the
Department of Children and Families shall place
such child out of his town of residence at the
commencement of such child's commitment.
(2) The setting of any such time periods
shall be in the form of an order of the court
included in the mittimus. For good cause shown in
the form of an affidavit annexed thereto, the
Department of Children and Families, the parent or
guardian of the child or the child may petition
the court for temporary modification of any such
order not to extend or reduce the term of such
placement.
(j) NOTWITHSTANDING ANY PROVISIONS OF THE
GENERAL STATUTES CONCERNING THE CONFIDENTIALITY OF
RECORDS AND INFORMATION, WHENEVER A CHILD
CONVICTED AS DELINQUENT IS COMMITTED TO THE
DEPARTMENT OF CHILDREN AND FAMILIES, THE
COMMISSIONER OF CHILDREN AND FAMILIES SHALL HAVE
ACCESS TO THE FOLLOWING INFORMATION: (1)
EDUCATIONAL RECORDS OF SUCH CHILD; (2) RECORDS
REGARDING SUCH CHILD'S PAST TREATMENT FOR PHYSICAL
OR MENTAL ILLNESS, INCLUDING SUBSTANCE ABUSE; (3)
RECORDS REGARDING SUCH CHILD'S PRIOR PLACEMENT IN
A PUBLIC OR PRIVATE RESIDENTIAL FACILITY; (4)
RECORDS CREATED OR OBTAINED BY THE JUDICIAL
DEPARTMENT REGARDING SUCH CHILD; AND (5) RECORDS,
AS DEFINED IN SUBSECTION (a) OF SECTION 17a-28.
THE COMMISSIONER OF CHILDREN AND FAMILIES SHALL
REVIEW SUCH INFORMATION TO DETERMINE THE
APPROPRIATE SERVICES AND PLACEMENT WHICH WILL BE
IN THE BEST INTEREST OF THE CHILD.
Sec. 4. (NEW) The Commissioner of Children
and Families, at his discretion, may authorize
leave for a child convicted as delinquent
committed to the Department of Children and
Families and assigned to a state facility or
private residential program, provided there is a
reasonable belief, based on the totality of the
information in the possession of the commissioner,
that such child will honor the commissioner's
trust and is eligible for leave under standards
adopted pursuant to public act 97-130. If any such
child who is granted leave under this section
fails to return to such facility or program, the
superintendent or director shall disclose any
records created or obtained by the facility or
program regarding such child to the appropriate
law enforcement agency.
Approved May 19, 1998