Substitute House Bill No. 5696
Substitute House Bill No. 5696
PUBLIC ACT NO. 98-256
AN ACT CONCERNING JUVENILE MATTERS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 46b-120 of the general
statutes, as amended by section 18 of public act
97-319, is repealed and the following is
substituted in lieu thereof:
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
to eighteen years of age; (3) "abused" means that
a child or youth (A) has had physical injury or
injuries inflicted upon him other than by
accidental means, or (B) has injuries which are at
variance with the history given of them, or (C) is
in a condition which is the result of maltreatment
such as, but not limited to, malnutrition, sexual
molestation or exploitation, deprivation of
necessities, emotional maltreatment or cruel
punishment; (4) a child may be found "mentally
deficient" who, by reason of a deficiency of
intelligence, which 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; (5) a child
may be [found] CONVICTED AS "delinquent" [(A)] 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, [as defined in this
section or (B) who has violated] (B) any order of
the Superior Court OR (C) CONDITIONS OF PROBATION
AS ORDERED BY THE COURT; (6) a child or youth may
be found "dependent" whose home is a suitable one
for him, save for the financial inability of his
parents, parent, guardian or other person
maintaining such home, to provide the specialized
care his condition requires; (7) a "family with
service needs" means a family which includes a
child who (A) has without just cause run away from
his parental home or other properly authorized and
lawful place of abode; (B) is beyond the control
of his 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; (8) 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 his well-being, or (D) has been
abused; (9) a child or youth may be found "uncared
for" who is homeless or whose home cannot provide
the specialized care which his physical, emotional
or mental condition 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; (10) "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; (11) "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 Office of Alternative Sanctions or
committed as a delinquent child to the
Commissioner of Children and Families for a
serious juvenile offense; (12) "serious juvenile
offender" means any child convicted as delinquent
for commission of a serious juvenile offense; (13)
"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 which is designated as a
felony; (14) "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"; (15) "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.
Sec. 2. Subsection (b) of section 46b-121k of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) The Office of Alternative Sanctions may
contract to establish regional secure residential
facilities and regional highly supervised
residential and nonresidential facilities for
juveniles [sentenced to probation] 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.
Sec. 3. Section 46b-127 of the general
statutes, as amended by section 1 of public act
97-4 and section 21 of public act 97-319, is
repealed and the following is substituted in lieu
thereof:
(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. 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 to the docket for juvenile matters for
[disposition] 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
[approval by] 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
[at] BY the next court date following such
transfer.
(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.
Sec. 4. Section 46b-133 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Nothing in this part shall be construed as
preventing the arrest of a child, with or without
a warrant, as may be provided by law, or as
preventing the issuance of warrants by judges in
the manner provided by section 54-2a, except that
no child shall be taken into custody on such
process except on apprehension in the act, or on
speedy information, or in other cases when the use
of such process appears imperative. Whenever a
child is arrested and charged with a crime, such
child may be required to submit to the taking of
his photograph, physical description and
fingerprints. Notwithstanding the provisions of
section 46b-124, [the photograph of] THE NAME,
PHOTOGRAPH AND CUSTODY STATUS OF any child
arrested for the commission of a capital felony or
class A felony may be disclosed to the public.
(b) Whenever a child is brought before a
judge of the Superior Court, such judge shall
immediately have the case proceeded upon as a
juvenile matter. Such judge may admit such child
to bail or release him in the custody of his
parent or parents, his guardian or some other
suitable person to appear before the Superior
Court when ordered. If detention becomes necessary
or desirable, the same shall be in the manner
prescribed by this chapter.
(c) Upon the arrest of any child by an
officer, such officer may release him to the
custody of his parent or parents, guardian or some
other suitable person or agency or may immediately
turn him over to a juvenile detention center. When
a child is arrested [or referred] for the
commission of a delinquent act and the child is
not placed in detention OR REFERRED TO A
DIVERSIONARY PROGRAM, an officer shall serve a
written complaint and summons on the child and his
parent, guardian or other person having control of
the child. Such parent, guardian or other person
shall execute a written promise to appear in court
at the time and place specified in such summons.
If any person so summoned wilfully fails to appear
in court at the time and place so specified, the
court may issue a warrant for the child's arrest
or a capias to assure the appearance in court of
such parent, guardian or other person. The court
may punish for contempt, as provided in section
46b-121, AS AMENDED BY THIS ACT, any parent,
guardian or other person so summoned who wilfully
fails to appear in court at the time and place so
specified.
(d) The court or detention supervisor may
turn such child over to a youth service program
created for such purpose, if such course is
practicable, or such child may be detained pending
a hearing which shall be held on the business day
next following his arrest. No child shall be
detained after such hearing or held in detention
pursuant to a court order unless it appears from
the available facts that there is probable cause
to believe that the child has committed the acts
alleged and that there is (1) a strong probability
that the child will run away prior to court
hearing or disposition, (2) a strong probability
that the child will commit or attempt to commit
other offenses injurious to him or to the
community before court disposition, (3) probable
cause to believe that the child's continued
residence in his home pending disposition will not
safeguard the best interests of the child or the
community because of the serious and dangerous
nature of the act or acts he is alleged to have
committed, (4) a need to hold the child for
another jurisdiction or (5) a need to hold the
child to assure his appearance before the court,
in view of his previous failure to respond to the
court process. Such probable cause may be shown by
sworn affidavit in lieu of testimony. No child
shall be released from detention who is alleged to
have committed a serious juvenile offense except
by order of a judge of the Superior Court. In no
case shall a child be confined in a community
correctional center or lockup, or in any place
where adults are or may be confined, except in the
case of a nursing infant; nor shall any child at
any time be held in solitary confinement. When a
female child is held in custody, she shall, as far
as possible, be in the charge of a woman
attendant.
(e) The police officer who brings a child
into detention shall have first notified, or made
a reasonable effort to notify, the parents or
guardian of the child in question of the intended
action and shall file at the detention center a
signed statement setting forth the alleged
delinquent conduct of the child. Unless the arrest
was for a serious juvenile offense, the child may
be released by a detention supervisor to the
custody of his parent or parents, guardian or some
other suitable person.
(f) In conjunction with any order of release
from detention the court may, when it has reason
to believe a child is alcohol-dependent or
drug-dependent as defined in section 46b-120, AS
AMENDED BY THIS ACT, and where necessary,
reasonable and appropriate, order the child to
participate in a program of periodic alcohol or
drug testing and treatment as a condition of such
release. The results of any such alcohol or drug
test shall be admissible only for the purposes of
enforcing the conditions of release from
detention.
(g) Whenever the population of a juvenile
detention center equals or exceeds the maximum
capacity for such center, as determined by the
Judicial Department, the detention supervisor in
charge of intake shall only admit a child who: (1)
Is charged with the commission of a serious
juvenile offense, (2) is the subject of an ORDER
TO DETAIN OR AN outstanding court order to take
such child into custody, (3) is ordered by a court
to be held in detention, or (4) is being
transferred to such center to await a court
appearance.
Sec. 5. Section 46b-133a of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) A nolle prosequi may not be entered as to
any [charge] COUNT of delinquency if the juvenile
objects to the nolle prosequi and demands either a
trial or dismissal, except with respect to
prosecutions in which a nolle prosequi is entered
upon a representation to the court by the juvenile
prosecutor that a material witness has died,
disappeared or become disabled or that material
evidence has disappeared or has been destroyed and
that a further investigation is therefore
necessary.
(b) Whenever a nolle prosequi has been
entered as to any [charge] COUNT of delinquency,
or whenever any [charge] COUNT of delinquency has
been dismissed without prejudice, if at least
thirteen months have elapsed since such nolle or
dismissal without prejudice, all police and court
records pertaining to such [charge] COUNT shall be
erased. Whenever any such [charge] COUNT has been
continued at the request of the juvenile
prosecutor and a period of thirteen months has
elapsed since the granting of such continuance
during which period there has been no prosecution
or other disposition of the matter, the [charge]
COUNT shall be construed to have been nolled as of
the date of termination of such thirteen-month
period and such erasure may thereafter be effected
as provided in this subsection for nolled cases.
Sec. 6. 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] PLACE THE CHILD ON PROBATION;
(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) RESIDE WITH A
PARENT, RELATIVE OR GUARDIAN OR IN A SUITABLE
FOSTER HOME OR OTHER RESIDENCE APPROVED BY THE
COURT, [(1)] (2) attend school and class on a
regular basis and comply with school policies on
student conduct and discipline, (3) REFRAIN FROM
VIOLATING ANY FEDERAL OR STATE LAW OR MUNICIPAL OR
LOCAL ORDINANCE, (4) UNDERGO ANY MEDICAL OR
PSYCHIATRIC EVALUATION OR TREATMENT DEEMED
NECESSARY BY THE COURT, (5) SUBMIT TO RANDOM DRUG
OR ALCOHOL TESTING, OR BOTH, [or (2)] (6)
participate in a program of [periodic alcohol and
drug testing and] ALCOHOL OR DRUG treatment, or
both, (7) MAKE RESTITUTION TO THE VICTIM OF THE
OFFENSE IN ACCORDANCE WITH SUBSECTION (d) OF THIS
SECTION, (8) PARTICIPATE IN AN ALTERNATIVE
INCARCERATION PROGRAM OR OTHER PROGRAM ESTABLISHED
THROUGH THE OFFICE OF ALTERNATIVE SANCTIONS, (9)
PARTICIPATE IN A PROGRAM OF COMMUNITY SERVICE, AND
(10) SATISFY ANY OTHER CONDITIONS DEEMED
APPROPRIATE BY THE COURT. THE COURT SHALL CAUSE A
COPY OF ANY SUCH ORDER TO BE DELIVERED TO THE
CHILD, THE CHILD'S PARENTS OR GUARDIAN AND THE
CHILD'S PROBATION OFFICER.
(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 IT IS FOUND THAT a
child convicted by the court as delinquent or
adjudged by the court to be a member of a family
with service needs WHO is fourteen years of age or
older [and is further found to be either mentally
deficient or too educationally retarded to] WOULD
NOT 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]
PERIOD 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.
Sec. 7. Section 46b-146 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Whenever any child has been found delinquent
or a member of a family with service needs, and
has subsequently been discharged from the
supervision of the Superior Court or from the
custody of the Department of Children and Families
or from the care of any other institution or
agency to whom he has been committed by the court,
such child, his parent or guardian, may file a
petition with the Superior Court and, if such
court finds that at least TWO YEARS OR, IN THE
CASE OF A CHILD CONVICTED AS DELINQUENT FOR THE
COMMISSION OF A SERIOUS JUVENILE OFFENSE, four
years have elapsed from the date of such
discharge, [and] THAT no subsequent juvenile
proceeding has been instituted against [him and
he] SUCH CHILD, THAT SUCH CHILD has not been found
guilty of a crime [, if] AND THAT such child has
reached sixteen YEARS OF AGE within such
[four-year] period, it shall order all police and
court records pertaining to such child to be
erased. Upon the entry of such an erasure order,
all references including arrest, complaint,
referrals, petitions, reports and orders, shall be
removed from all agency, official and
institutional files, and a finding of delinquency
or that the child was a member of a family with
service needs shall be deemed never to have
occurred. The persons in charge of such records
shall not disclose to any person information
pertaining to the record so erased, except that
the fact of such erasure may be substantiated
where, in the opinion of the court, it is in the
best interests of such child to do so. No child
who has been the subject of such an erasure order
shall be deemed to have been arrested ab initio,
within the meaning of the general statutes, with
respect to proceedings so erased. Copies of the
erasure order shall be sent to all persons,
agencies, officials or institutions known to have
information pertaining to the delinquency or
family with service needs proceedings affecting
such child. Whenever a child is dismissed as not
delinquent or as not being a member of a family
with service needs, all police and court records
pertaining to such charge shall be ordered erased
immediately, without the filing of a petition.
Sec. 8. (NEW) (a) At any time during the
period of probation or suspended commitment, after
hearing and for good cause shown, the court may
modify or enlarge the conditions, whether
originally imposed by the court under this section
or otherwise, and may extend the period as deemed
appropriate by the court. The court shall cause a
copy of any such order to be delivered to the
child or youth and to such child or youth's parent
or guardian and probation officer.
(b) The period of participation in an
alternative incarceration program, as a condition
of probation or suspended commitment, unless
terminated sooner, shall not exceed the original
period of probation or suspended commitment.
(c) At any time during the period of
probation or suspended commitment, the court may
issue a warrant for the arrest of a child or youth
for violation of any of the conditions of
probation or suspended commitment, or may issue a
notice to appear to answer to a charge of such
violation, which notice shall be personally served
upon the child or youth. Any such warrant shall
authorize all officers named therein to return the
child or youth to the custody of the court or to
any suitable juvenile detention facility
designated by the court.
(d) If such violation is established, the
court may continue or revoke the order of
probation or suspended commitment or modify or
enlarge the conditions and, if such order of
probation or suspended commitment is revoked,
require the child or youth to serve the commitment
imposed or impose any lesser commitment. No such
revocation shall be ordered, except upon
consideration of the whole record and unless such
violation is established by reliable and probative
evidence.
Sec. 9. (NEW) When deemed in the best
interests of a child placed in a juvenile
detention center, the administrator of such
detention center may authorize, under policies
promulgated by the Chief Court Administrator, such
medical assessment and treatment and dentistry as
is necessary to ensure the continued good health
or life of the child. The administrator of the
detention center shall make reasonable efforts to
inform the child's parents or guardian prior to
taking such action, and in all cases shall send
notice to the parents or guardian by letter to
their last-known address informing them of the
actions taken and of the outcome, provided failure
to notify shall not affect the validity of the
authorization.
Sec. 10. Subsection (a) of section 46b-121 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(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 and the emancipation of minors, but
does not include matters of guardianship and
adoption or matters affecting property rights of
any child or youth 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.
Sec. 11. Subsection (a) of section 46b-137 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) Any admission, confession or statement,
written or oral, MADE by a child to a police
officer or Juvenile Court official shall be
inadmissible in any proceeding concerning the
alleged delinquency of the child making such
admission, confession or statement unless made by
such child in the presence of his parent or
parents or guardian and after the parent or
parents or guardian and child have been advised
(1) of the child's right to retain counsel, or if
unable to afford counsel, to have counsel
appointed on the child's behalf, (2) of the
child's right to refuse to make any statements and
(3) that any statements he makes may be introduced
into evidence against him.
Sec. 12. Subsection (b) of section 54-76l of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) The records of any youth adjudged a
youthful offender ON OR AFTER OCTOBER 1, 1995, or
any part thereof, may be disclosed to and between
individuals and agencies, and employees of such
agencies, providing services directly to the youth
including law enforcement officials, state and
federal prosecutorial officials, school officials
in accordance with section 10-233h, court
officials, the Division of Criminal Justice, the
Office of Adult Probation, the Office of the Bail
Commission, the Board of Parole and an advocate
appointed pursuant to section 54-221 for a victim
of a crime committed by the youth. Such records
shall be available to the attorney representing
the child, his parents or guardian. Such records
disclosed pursuant to this subsection shall not be
further disclosed.
Sec. 13. (NEW) Any person who has direct
supervision of children placed by the state in a
state facility or private institution shall be
trained in cardiopulmonary resuscitation.
Approved June 8, 1998