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statutes  is  repealed  and   the   following   is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