File No. 618

Senate, April 30, 2007

The Committee on Judiciary reported through SEN. MCDONALD of the 27th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.

AN ACT CONCERNING CHILDREN AND YOUTH IN 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 Section 46b-120 of the general statutes, as amended by section 1 of public act 05-250, is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

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,] except that for purposes of delinquency matters and family with service needs proceedings, "child" means any person (A) under [sixteen] eighteen years of age, or (B) [sixteen] eighteen years of age or older who, prior to attaining [sixteen] eighteen 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] eighteen 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] or family with service needs proceedings; (2) "youth" means any person sixteen or seventeen years of age who [; (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 the youth's 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)] (3) "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] including, but not limited to, malnutrition, sexual molestation or exploitation, deprivation of necessities, emotional maltreatment or cruel punishment; [(5)] (4) a child or youth 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] such child's or youth's protection or for the protection of others, special care, supervision and control; [(6)] (5) a child or youth 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, except as provided in section 46b-148, or (C) conditions of probation as ordered by the court; [(7)] (6) 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 the child's or youth's parents, parent or guardian, or other person maintaining such home, to provide the specialized care the condition of the child or youth requires; [(8)] (7) "family with service needs" means a family that includes a child or youth 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 the child's or youth's 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 or youth; [(9)] (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 the well-being of the child or youth, or (D) has been abused; [(10)] (9) 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 or youth requires. For the purposes of this section, the treatment of any child or youth 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)]
(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; [(12)] (11) "serious juvenile offense" means (A) the violation of, including attempt or conspiracy to violate, section 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 or 53a-111 to 53a-113, inclusive, subdivision (1) of subsection (a) of section 53a-122, subdivision (3) of subsection (a) of section 53a-123, section 53a-134, 53a-135, 53a-136a, 53a-166 or 53a-167c, subsection (a) of section 53a-174, or section 53a-196a, 53a-211, 53a-212, 53a-216 or 53a-217b, by a child or youth, or (B) running away, without just cause, from any secure placement other than home while referred as a delinquent child or youth to the Court Support Services Division or committed as a delinquent child or youth to the Commissioner of Children and Families for a serious juvenile offense; [(13)] (12) "serious juvenile offender" means any child or youth convicted as delinquent for commission of a serious juvenile offense; [(14)] (13) "serious juvenile repeat offender" means any child or youth charged with the commission of any felony if such child or youth 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] (14) "alcohol-dependent" means 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] (15) "drug-dependent" means 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"; and (16) "juvenile" means a child or youth. No child or youth 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. Section 46b-121 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

(a) (1) Juvenile matters in the civil session include all proceedings concerning uncared-for, neglected or dependent children and youths within this state, termination of parental rights of children or youths 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, [and youths in crisis,] but does not include matters of guardianship and adoption or matters affecting property rights of any child [, youth or youth in crisis] or youth over which the Probate Court has jurisdiction, [provided] except that appeals from probate concerning adoption, termination of parental rights and removal of a parent as guardian shall be included.

(2) Juvenile matters in the criminal session include all proceedings concerning delinquent children [in the] or youths within this state and persons [sixteen] eighteen 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) (1) 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] the 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] or youth therein, as [it] the court deems necessary or appropriate to secure the welfare, protection, proper care and suitable support of a child [, youth or youth in crisis] or youth subject to [its] the court's 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 or youths, the Superior Court shall have authority to make and enforce such orders as [it] the court deems necessary or appropriate to punish the child or youth, deter the child or youth 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] The Superior Court shall also have authority to grant and enforce temporary and permanent injunctive relief [, temporary or permanent] in all proceedings concerning juvenile matters.

(2) If any order for the payment of money is issued by [said court] the Superior Court, including any order assessing costs issued under section 46b-134 or 46b-136, the collection of such money shall be made by [said] the court, except orders for support of children or youths committed to any state agency or department, which orders shall be made payable to and collected by the Department of Administrative Services. [Where] If the [court] Superior Court after due diligence is unable to collect such moneys within six months, [it] the court shall refer such case to the Department of Administrative Services for collection as a delinquent account. In juvenile matters, the [court] Superior Court shall have authority to make and enforce orders directed to persons liable hereunder on petition of [said] the Department of Administrative Services made to [said] the court in the same manner as is provided in section 17b-745, in accordance with the provisions of section 17b-81 [,] or 17b-223, subsection (b) of section 17b-179 [,] or 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] the court's 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.

Sec. 3. Subsection (c) of section 46b-127 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

(c) Upon the effectuation of the transfer, such child or youth shall stand trial and be sentenced, if convicted, as if [he were sixteen] such child or youth were eighteen years of age. Such child or youth shall receive credit against any sentence imposed for time served in a juvenile facility prior to the effectuation of the transfer. A child or youth 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 or youth transferred to the regular criminal docket who pleads guilty to a lesser offense shall not resume [his] such child's or youth's status as a juvenile regarding [said] such offense. If the action is dismissed or nolled or if such child or youth is found not guilty of the charge for which [he] such child or youth was transferred or of any lesser included offenses, the child or youth shall resume [his] such child's or youth's status as a juvenile until [he] such child or youth attains the age of [sixteen] eighteen years.

Sec. 4. Subsection (f) of section 46b-133c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

(f) Whenever a proceeding has been designated a serious juvenile repeat offender prosecution pursuant to subsection (b) of this section and the child or youth does not waive such child's or youth's right to a trial by jury, the court shall transfer the case from the docket for juvenile matters to the regular criminal docket of the Superior Court. Upon transfer, such child or youth shall stand trial and be sentenced, if convicted, as if such child or youth were [sixteen] eighteen years of age, except that no such child or youth shall be placed in a correctional facility but shall be maintained in a facility for children and youths until such child or youth attains [sixteen] eighteen years of age or until such child or youth is sentenced, whichever occurs first. Such child or youth shall receive credit against any sentence imposed for time served in a juvenile facility prior to the effectuation of the transfer. A child or youth 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 or youth transferred to the regular criminal docket who pleads guilty to a lesser offense shall not resume such child's or youth's status as a juvenile regarding such offense. If the action is dismissed or nolled or if such child or youth is found not guilty of the charge for which such child or youth was transferred, the child or youth shall resume such child's or youth's status as a juvenile until such child or youth attains [sixteen] eighteen years of age.

Sec. 5. Subsection (f) of section 46b-133d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

(f) When a proceeding has been designated a serious sexual offender prosecution pursuant to subsection (c) of this section and the child or youth does not waive the right to a trial by jury, the court shall transfer the case from the docket for juvenile matters to the regular criminal docket of the Superior Court. Upon transfer, such child or youth shall stand trial and be sentenced, if convicted, as if such child or youth were [sixteen] eighteen years of age, except that no such child or youth shall be placed in a correctional facility but shall be maintained in a facility for children and youths until such child or youth attains [sixteen] eighteen years of age or until such child or youth is sentenced, whichever occurs first. Such child or youth shall receive credit against any sentence imposed for time served in a juvenile facility prior to the effectuation of the transfer. A child or youth 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 or youth transferred to the regular criminal docket who pleads guilty to a lesser offense shall not resume such child's or youth's status as a juvenile regarding such offense. If the action is dismissed or nolled or if such child or youth is found not guilty of the charge for which such child or youth was transferred, the child or youth shall resume such child's or youth's status as a juvenile until such child or youth attains [sixteen] eighteen years of age.

Sec. 6. Subsection (c) of section 10-19m of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

(c) The Commissioner of Education shall adopt regulations, in accordance with the provisions of chapter 54, establishing minimum standards for such youth service bureaus and the criteria for qualifying for state cost-sharing grants, including, but not limited to, allowable sources of funds covering the local share of the costs of operating such bureaus, acceptable in-kind contributions and application procedures. Said commissioner shall, on December 1, [1979] 2009, and annually thereafter, report to the General Assembly on the referral or diversion of children or youths under the age of [sixteen] eighteen years from the juvenile justice system and [on the referral or diversion of children between the ages of sixteen and eighteen years from] the court system. Such report shall include, but not be limited to, the number of times any child or youth is so diverted, the number of children or youths diverted, the type of service provided to any such child or youth, by whom such child or youth was diverted, the ages of the children or youths diverted and such other information and statistics as the General Assembly may request from time to time. Any such report shall contain no identifying information about any particular child or youth.

Sec. 7. Subsection (b) of section 46b-124 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

(b) All records of cases of juvenile matters, as provided in section 46b-121, as amended by this act, 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, (H) the Department of Children and Families, and (I) the employees of the Commission on Child Protection who in the performance of their duties require access to such records; and (3) all or part of the records concerning a youth in crisis with respect to whom a court order [has been] was issued prior to July 1, 2009, [pursuant to subdivision (1) of subsection (c) of section 46b-150f] may be made available to the Department of Motor Vehicles, provided such records are relevant to such order. 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.

Sec. 8. Section 46b-149b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

[(a)] Any police officer or any official of a municipal or community agency, who in the course of such police officer's or official's employment under subsection (d) of section 17a-15 or section 46b-120, as amended by this act, 46b-121, as amended by this act, 46b-149 [,] or 46b-149a [, 46b-150f or 46b-150g] provides assistance to a child or youth or a family in need thereof, shall not be liable to such child or youth or such family for civil damages for any personal injuries which result from the voluntary termination of service by the child or youth or the family.

[(b) Each municipal police department and the Division of State Police within the Department of Public Safety shall implement a uniform protocol for providing intervention and assistance in matters involving youths in crisis. Such uniform protocol shall be developed by the Police Officer Standards and Training Council established under section 7-294b.]

Sec. 9. Sections 46b-150f to 46b-150h, inclusive, of the general statutes are repealed. (Effective July 1, 2009)

Statement of Legislative Commissioners:

Statutory references to "youth in crisis" were deleted and statutory sections governing youth in crisis were repealed for consistency with the deletion of "youth in crisis" in section 1 of the bill.

The following fiscal impact statement and bill analysis are prepared for the benefit of members of the General Assembly, solely for the purpose of information, summarization, and explanation, and do not represent the intent of the General Assembly or either chamber thereof for any purpose:

OFA Fiscal Note

State Impact: None

Municipal Impact: None

Explanation

Summary

Effective July 1, 2009, (FY 10) the bill extends the juvenile justice system and the Families with Service Needs program to include 16 and 17 year olds. It thereby increases greatly the number of people who receive more intensive (and costly) services from the state. These costs would be offset in part by federal reimbursements for certain service expansions under the bill, savings to the Department of Correction and potential savings from enhanced diversion practices as a result of the bill.

The number of people affected by the bill (and service demand) would increase gradually during FY 10. The full, annual effect of the bill's policy change would be felt in FY 11 and thereafter. Significant operating costs, and capital budget obligations greater than $10 million, would be incurred prior to the effective date of the bill to ensure that capacity (facilities, personnel, services) is available at the outset of the new policy. The estimated state cost of the bill, net anticipated federal reimbursements and savings, is approximately $100 million in FY 11.

JUVENILE DELINQUENCY

Costs

The Judicial Department would require additional resources under the bill in order to enhance services for this population, evaluate and supervise them more closely, and process their cases separately and at greater length. The annual operating cost to the Judicial Department, net a reallocation of resources from the adult system, is estimated to be $35.8 million¹, plus roughly $7 million in fringe benefits², in FY 11. In addition, about $4 million would be needed for one-time capital improvements to existing facilities controlled by the Judicial Department.

It should be noted that sHB 7077 (the Appropriations Act for the 2007-2009 Biennium, as favorably reported from the Appropriations Committee) contains funding for the Judicial Department, in the amount of $5.5 million in FY 08 and $11.6 million in FY 09, to expand services and personnel during the biennium in order to ensure that capacity is built up before the bill's effective date of July 1, 2009.

The Division of Criminal Justice and Public Defender Services Commission would require additional staffing in order to support the court expansions anticipated under the bill and to engage in more time-intensive proceedings. In total, the agencies' costs are estimated to be $2.7 million annually, plus $1.5 million in fringe benefits, and a one-time cost of about $500,000 for equipment. The Commission on Child Protection would also incur costs, estimated to be less than $50,000 annually, under the bill to appoint persons (guardians ad litem) to act on behalf of the interests of some of these juveniles in delinquency proceedings.

Implementation of the bill could result in a minimal cost to municipalities. There are approximately 8,000 municipal police officers in the state that will have to be retrained in various Juvenile matters. The training of the municipal officers could result in a minimal cost associated with the re-writing and dissemination of various training documents.

The Department of Public Safety (DPS) will incur costs of approximately $15,000, to reprogram the State Police Bureau of Investigation's (SPBI) database based on the legislative changes to statute.

There are approximately 12,000 criminal arrests of 16 and 17 year olds annually, of which the state police arrested approximately 1,128. DPS will incur increased costs to handle these additional juvenile cases. It is anticipated that each of the 1,128 arrests (plus an additional 2,500 accident cases involving 16 and 17 year olds) will result in one additional hour of work per case, which will result in increased costs of up to $110,000.

The Department of Children and Families will incur significant costs to serve an estimated additional 250 – 300 adjudicated youth on an annualized basis. Expenditures would be associated with increased demand for (a) placements in various residential settings (e.g., secure state-operated, psychiatric treatment, private residential, group homes, transitional living); (b) community-based services (e.g., intensive in-home therapies; education re-entry; school based delinquency programs; mentoring); as well as the need to add agency parole and program staff and conduct ongoing quality assurance activities.

The magnitude of these costs will be impacted by policy decisions that have yet to be made. Key among these is whether the Connecticut Juvenile Training School (CJTS) will remain open, and, if so, whether it will serve older delinquents. Due to this uncertainty, cost estimates have been derived based upon two different scenarios for illustrative purposes.

First, it is assumed that older delinquent males will not be placed at CJTS. Given this scenario, costs are projected as follows³:

FY's 08-09 (Bonding): $22.5 - $25 million needed to support the construction of new state operated facilities;

FY 09 (General Fund/GF): $2.0 - $2.3 million ($1.8 - $2.0 million DCF; $0.2 - $0.3 million fringe benefits), to reflect hiring and training of new staff (state and private sector) and readying facilities.

FY 10 (GF): $30.2 - $37.8 million ($24.1 - $30.0 million DCF; $6.1 - $7.8 million fringe benefits), to reflect phasing in new client cohort.

FY 11 (GF): $44.3 - $54.5 million ($37.7 - $46.2 million DCF; $6.6 - $8.3 million fringe benefits), to reflect annualized service needs of 250 – 300 youth.

Under the second scenario, it is assumed that approximately 40 older delinquent males are placed at CJTS. In this situation, costs are projected as follows:

FY's 08-09 (Bonding): $7.5 - $10 million.

FY 09 (GF): $2.1 ($1.9 million DCF; $0.2 million fringe benefits).

FY 10 (GF): $25.3 - $27.5 million ($20.8 - $23.0 million DCF; $4.4 - $4.5 million fringe benefits).

FY 11 (GF): $38.8 – 43.2 million ($33.9 - $38.3 million DCF; $4.8 - $4.9 million fringe benefits).

No funding has been included under the DCF's budget within sHB 7077, as favorably reported, to implement the increase in the age of juvenile jurisdiction.

Federal Reimbursement

The state would receive federal reimbursement for a portion of the additional services required under the bill. These reimbursements are estimated to be less than $5 million annually once the bill is fully implemented.

Potential Savings

By raising the juvenile court jurisdiction to age 18, the Department of Correction (DOC) will realize a savings of approximately $1.95 million annually. DOC currently incarcerates three hundred 16 and 17 year olds. By not incarcerating these juvenile offenders, DOC will be able to reduce the overflow and non-traditional housing of inmates, which costs $1.5 million in overtime to staff. DOC will also realize a savings of $450,000 in direct inmate costs.

The bill enhances diversion policies, which could reduce the number of juveniles who enter the juvenile justice system. The magnitude of savings is uncertain, pending implementation of new risk assessment instruments under the bill, but could be significant.

Revenue Loss

Juveniles are not subject to criminal or motor vehicle fines under current law. The bill substantially increases the number of persons designated as juveniles and, consequently, an estimated revenue loss of approximately $2 million annually would occur due to foregone fines, fees, and surcharges.

FAMILIES WITH SERVICE NEEDS (FWSNs)

Cost

The bill would increase the number of youths in families designated as Families With Service Needs (FWSNs) by approximately 1,000 annually. The Judicial Department would incur annual costs of greater than $1 million to expand services to these individuals. These costs are in addition to the amounts reflected within sHB 7077 (the Appropriations Act for the 2007-2009 Biennium, as favorably reported from the Appropriations Committee), which includes a funding increase of $3.5 million in FY 08 and $4.5 million in FY 09 for enhanced services to the existing FWSN population (under age 16).

The Department of Children and Families will incur significant costs to serve an estimated additional 300 – 400 FWSN youth on an annualized basis. Expenditures would be associated with increased demand for (a) placements in residential settings (e.g., group homes, transitional living); (b) community-based services (e.g., intensive in-home therapies; education re-entry; school based delinquency programs; mentoring); as well as the need to add agency social work, court liaison and administrative staff.

Costs are projected as follows:

FY 09: $1.2 - $1.3 million ($1.2 - $1.3 million DCF; $0.02 million fringe benefits), to reflect hiring and training of new staff (state and private sector) and readying facilities.

FY 10: $9.4 - $11.2 million ($8.8 - $10.6 million DCF; $0.5 - $0.6 million fringe benefits) to reflect phase-in of new client cohort.

FY 11: $11.7 – 15.7 million ($10.7 - $14.6 million DCF; $0.9- $1.1 million fringe benefits) to reflect annualized service needs of 300 – 400 youth.

No funding has been included under the DCF's budget within sHB 7077, as favorably reported, to implement the increase in the age of families with service needs.

Federal Reimbursement

The state would receive federal reimbursement for a portion of the additional services required under the bill. These reimbursements are estimated to be less than $2 million annually once the bill is fully implemented.

The Out Years

State Impact: None

Municipal Impact: None

The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.

OLR Bill Analysis

sSB 1196

AN ACT CONCERNING CHILDREN AND YOUTH IN JUVENILE MATTERS.

SUMMARY:

Beginning July 1, 2009, this bill permits offenses involving 16- and 17-year olds to be adjudicated in juvenile court. Current law requires that these cases be handled in adult criminal court. Existing law, unchanged by the bill, (1) requires juvenile cases involving serious felonies to automatically be transferred to adult court and (2) allows prosecutors to ask juvenile court judges to transfer any other case to adult court.

The bill also eliminates the Youth In Crisis program which currently provides services and limited court order enforcement for 16- and 17-year olds who are truant, run away from home, or are beyond their parents' control (i.e., are status offenders). It instead makes these youngsters eligible for the Family With Service Needs (FWSN) program. This program currently serves status offenders under age 16 and generally offers a wider range of services. The law forbids courts from placing FWSN children in juvenile detention facilities or finding them delinquent solely on the basis of a FWSN order violation. The same is true for youth in crisis under current law.

The bill also amends the definition of “youth” that applies throughout the juvenile matters statutes and, by law, must be used in interpreting other statutes. Current law defines a youth as any person 16 or 17 years of age. Under the bill, a youth is any person 16 or 17 years old who (1) has, without just cause, run away from the parental home or other properly authorized and lawful place of abode, (2) is beyond the control of the youth's parents, guardian; or other custodian; or (3) has four unexcused absences from school in any one month or 10 unexcused absences in any school year. This is the current definition of “youth in crisis” that the bill repeals.

The bill also makes conforming changes in the delinquency education and official immunity statutes to reflect the jurisdictional age increase.

EFFECTIVE DATE: July 1, 2009

DEFINITIONS

For purposes of delinquency matters, current law defines a “child” as a person:

1. under age 16 or

2. age 16 or older who violates court orders or probation conditions arising from an earlier delinquency proceeding.

The bill replaces “age 16” with “age 18.”

YOUTH IN CRISIS AND FAMILY WITH SERVICE NEEDS PROGRAMS

Youth in Crisis

The bill repeals the youth in crisis laws. Currently, parents, school or local officials, or police can refer a 16- or 17-year old to the court. Under Judicial Department procedures, most cases are handled by a juvenile probation officer who determines if the youth in crisis law applies, whether the parents want to go ahead with the process, and if the youth accepts responsibility for his or her conduct. If all these conditions are met, the officer and family then decide what course of action to take: referring the youth to a youth service bureau; requiring him to participate in an educational program, community service, work, or counseling; directing the motor vehicles commissioner to suspend his or her driver's license; or discussing the possibility of emancipation.

Family with Service Needs (FWSN)

The bill makes 16- and 17-year olds eligible for FWSN services. Currently, a “family with service needs” is a family that includes a child who:

1. has, without just cause, run away from the parental home or other properly authorized and lawful place of abode;

2. is beyond the control of the child's parent, parents, guardian, or other custodian;

3. has engaged in indecent or immoral conduct;

4. is a truant or habitual truant or who, while in school, has been continuously and overtly defiant of school rules and regulations; or

5. is age 13 or older and has engaged in sexual intercourse with another person age 13 or older and not more than two years older or younger.

FWSN court orders generally deal with issues related to school attendance, curfews, and substance abuse treatment and counseling. But FWSN orders may include committing a child to the custody of the Department of Children and Families for up to 18 months, with an 18-month extension possible. By law, courts can use this remedy only when they find that no less restrictive alternative is appropriate.

BACKGROUND

Related Bills.

Substitute House Bill 6285, reported favorably by the Judiciary Committee, uses identical language to raise the delinquency age. Among other things, it also directs the Judicial Department to establish new programs, procedures, and operations and creates a Juvenile Jurisdiction Policy and Operations Coordinating Council.

Substitute House Bill 5676, reported favorably by the Judiciary Committee, makes several substantive changes in the laws governing FWSN children and their families.

COMMITTEE ACTION

Select Committee on Children

Joint Favorable Change of Reference

Judiciary Committee

Joint Favorable Substitute

¹ About $22.8 million of this total is to provide for community-based, contracted services. The remainder would support expanded facilities and provide for staffing increases in the courts and probation.

² The fringe benefit costs for state employees are budgeted centrally in the Miscellaneous Accounts administered by the Comptroller. The estimated first year fringe benefit rate for a new employee as a percentage of average salary is 25.8%, effective July 1, 2006. The first year fringe benefit costs for new positions do not include pension costs. The state's pension contribution is based upon the prior year's certification by the actuary for the State Employees Retirement System (SERS). The SERS 2006-07 fringe benefit rate is 34.4%, which when combined with the non pension fringe benefit rate totals 60.2%.

³ Numbers may not add due to rounding.