Title 46b — Title 46b: Family Law

Sec. 46b-128. (Formerly Sec. 51-309). Investigation of delinquency complaint. Nonjudicial disposition. Petition of delinquency. Summoning of child and parent or guardian. (a) Whenever the Superior Court is in receipt of any written complaint filed by any person, any public or pri…

Sec. 46b-128a. Competency determinations in juvenile matters. (a) In any juvenile matter, as defined in section 46b-121, in which a child or youth is alleged to have committed a delinquent act, the child or youth shall not be tried, convicted, adjudicated or subject to any dispos…

Sec. 46b-129. (Formerly Sec. 51-310). Commitment of child or youth. Petition for neglected, uncared for or abused child or youth. Hearing re temporary custody, order to appear or petition. Review of permanency plan. Cost of care and maintenance of child or youth; reimbursement. R…

Sec. 46b-129a. Examination by physician, psychiatrist or psychologist. Counsel and guardian ad litem. Testimony. Evidence. In proceedings in the Superior Court under section 46b-129: (1) The court may order the child, the parents, the guardian, or other persons accused by a compe…

Sec. 46b-129b. Filing of petition for adoption and written agreement of adoption by Commissioner of Children and Families. Review of adoption social study and other reports. Hearing. Adoptive parents entitled to receive copies of records and other information re history of child.…

Sec. 46b-129c. “Court appointed special advocate” defined. Appointment, duties, background checks and limited civil or criminal liability for actions undertaken. (a) For the purposes of this section, “court appointed special advocate” means a volunteer who is recruited, screened,…

Sec. 46b-12a. Publication concerning roles and responsibilities of counsel and guardian ad litem for a minor child in family relations matter. The Judicial Branch shall develop a publication that informs parties to a family relations matter about the roles and responsibilities of…

Sec. 46b-12b. Professional code of conduct applicable to counsel or guardian ad litem for a minor child in family relations matter. Not later than October 1, 2014, the Judicial Branch shall develop and implement a professional code of conduct applicable to any counsel or guardian…

Sec. 46b-12c. Motion for removal of counsel or guardian ad litem for a minor child. Any party to an action involving the custody, care, support, education or visitation of a minor child shall have standing to file a motion that seeks removal of counsel for the minor child or a gu…

Secs. 46b-13 and 46b-14. Reserved for future use.

Sec. 46b-130. (Formerly Sec. 51-311). Reimbursement for expense of care and maintenance. Assignment of right of support to Commissioner of Children and Families. Parents' assistance in pursuing support. The parents of a minor child for whom care or support of any kind has been pr…

Sec. 46b-131. (Formerly Sec. 51-312). Custody of alleged delinquent child pending disposition. Bail. Section 46b-131 is repealed. (1949 Rev., S. 2808; 1969, P.A. 297; 794, S. 8; P.A. 79-581, S. 4; P.A. 80-483, S. 122, 186; P.A. 81-472, S. 83, 159; P.A. 84-369, S. 3.)

Sec. 46b-132. (Formerly Sec. 51-313). Temporary detention places. Where accommodations for the temporary detention of children in state-operated detention homes are unavailable, the Chief Court Administrator or his designee shall arrange with some agency or person for the use of …

Sec. 46b-132a. Medical care of children in juvenile residential centers. When deemed in the best interests of a child placed in a juvenile residential center, the administrator of such residential center may authorize, under policies promulgated by the Chief Court Administrator, …

Sec. 46b-133. (Formerly Sec. 51-314). Arrest of child. Notice of arrest. Release or detention of arrested child. Alcohol or drug testing or treatment as condition of release. Admission of child to juvenile residential center. Entry of take into custody order or other process into…

Sec. 46b-133a. Right to trial or dismissal upon nolle prosequi of delinquency charge. Erasure of records. (a) A nolle prosequi may not be entered as to any count of delinquency if the child objects to the nolle prosequi and demands either a trial or dismissal, except with respect…

Sec. 46b-133b. Suspension of delinquency proceedings for treatment for alcohol or drug dependency. (a) The court, on motion of a child charged with a delinquency offense, but not yet convicted, may order that such child be examined to determine whether the child is alcohol-depend…

Sec. 46b-133c. Serious juvenile repeat offender prosecution. Sentencing. (a) Whenever a child is referred for the commission of a felony committed after such child attained the age of fourteen years and such child is a serious juvenile repeat offender, as defined in section 46b-1…

Sec. 46b-133d. Serious homicide, firearm or sexual offender prosecution. Sentencing. (a) For the purposes of this section, “special juvenile probation” means a period of probation imposed by the superior court for juvenile matters upon a child in a proceeding designated as a seri…

Sec. 46b-133e. Suspension of delinquency proceedings for participation in school violence prevention program. (a) The court, upon motion of a child charged with an offense involving the use or threatened use of physical violence in or on the real property comprising a public or p…

Sec. 46b-133f. Family violence mediation program on docket for juvenile matters. Report. (a) For the purposes of this section: (1) “Child” means child, as defined in section 46b-120; (2) “delinquent act” means delinquent act, as defined in section 46b-120; (3) “family violence” m…

Sec. 46b-133g. Detention risk screening instrument. (a) Not later than January 1, 2017, the Court Support Services Division of the Judicial Department shall develop and implement a detention risk screening instrument to be used to determine, based on the risk level, whether there…

Sec. 46b-133h. Parameters for releasing child from detention. Not later than January 1, 2017, the Court Support Services Division of the Judicial Department shall adopt policies and procedures setting out the parameters under which Court Support Services Division staff may releas…

Sec. 46b-133i. Suspension of delinquency proceedings for fire starting behavior treatment. (a) For the purposes of this section, “an act of fire starting” means (1) conduct that causes an explosion or a fire to start, regardless of whether such explosion or fire results in an inj…

Sec. 46b-133j. Suspension of delinquency proceeding for participation in services to address condition or behavior related to an offense involving a motor vehicle. (a) For purposes of this section: (1) “Delinquency offense involving a motor vehicle” means any offense under (A) su…

Sec. 46b-133k. Policy re suicidal and self-harming behaviors and use of solitary confinement, prone restraints and chemical agents in juvenile detention centers and correctional facilities detaining juveniles. Reporting. (a) Not later than July 1, 2020, the Commissioner of Correc…

Sec. 46b-133l. Report of use of chemical agents or prone restraints on detained juveniles. The Commissioner of Correction and the executive director of the Court Support Services Division of the Judicial Department shall report to the Juvenile Justice Policy and Oversight Committ…

Sec. 46b-133m. Independent ombudsperson services provided in facilities that detain juveniles. (a) For purposes of this section, “independent ombudsperson services” includes (1) the receipt of complaints by the ombudsperson from persons detained in juvenile detention centers and …

Sec. 46b-133n. Communication services in juvenile detention facilities. (a) The executive director of the Court Support Services Division of the Judicial Branch shall not use the provision of voice communication service or any other communication service to a child who is detaine…

Sec. 46b-133o. Access to juvenile residential centers. Nondisclosure of information identifying a juvenile. penalty. (a) Notwithstanding the provisions of section 46b-124, the Judicial Branch, subject to policies and procedures approved by the Chief Court Administrator, may permi…

Sec. 46b-133p. Submission of copy of form to detain by law enforcement officer or prosecutorial official. Data compilation and report. (a) Any law enforcement officer or prosecutorial official who sought a court order to detain a child pursuant to subparagraph (C) of subdivision …

Sec. 46b-134. (Formerly Sec. 51-315). Investigation by probation officer prior to disposition of delinquency case. Physical, mental and diagnostic examination. Prior to the disposition of the case of any child adjudicated as delinquent, an investigation shall be made of the facts…

Sec. 46b-135. (Formerly Sec. 51-316). Right to counsel and cross-examination. (a) At the commencement of any proceeding concerning the alleged delinquency of a child, the child shall have the right to counsel and be so informed by the judge, and that if the child and the parent o…

Sec. 46b-136. (Formerly Sec. 51-317). Appointment of attorney to represent child or youth and parent or guardian. Payment for the cost of attorney. (a) In any proceeding in a juvenile matter, the judge before whom such proceeding is pending shall, even in the absence of a request…

Sec. 46b-137. (Formerly Sec. 51-318). Admissibility of admission, confession or statement in juvenile proceedings. (a) Any admission, confession or statement, written or oral, made by a child under the age of sixteen to a police officer or Juvenile Court official shall be inadmis…

Sec. 46b-138. (Formerly Sec. 51-319). Summoning of witnesses. Conversation privileged. For the purpose of hearing any juvenile matter, the court may summon witnesses and compel their attendance. The conversations of the judge with a child or youth whose case is before the court s…

Sec. 46b-138a. Testimony of accused juvenile, parent or guardian in juvenile proceeding. In any juvenile proceeding in the Superior Court, the accused child shall be a competent witness, and at his or her option may testify or refuse to testify in such proceedings. The parent or …

Sec. 46b-138b. Statement of victim or victim's representative at delinquency proceeding. In any proceeding concerning the alleged delinquency of a child, any victim of the alleged delinquent conduct, the parents or guardian of such victim, a victim advocate for such victim under …

Sec. 46b-139. (Formerly Sec. 51-320). Expert medical witnesses; interpreter. (a) When any licensed physician or certified or licensed psychologist is summoned to give expert testimony in any juvenile matter, the court shall determine a reasonable fee to be paid to such physician …

Sec. 46b-140. (Formerly Sec. 51-321). Disposition upon adjudication of child as delinquent. (a) In determining the appropriate disposition of a child adjudicated as delinquent, the court shall consider: (1) The child's age and intellectual, cognitive and emotional development; (2…

Sec. 46b-140a. Modification of conditions of probation supervision or probation supervision with residential placement. Violation of conditions. (a) At any time during the period of probation supervision or probation supervision with residential placement, after hearing and for g…

Secs. 46b-141 (Formerly Sec. 51-322) to 46b-141b. Length of commitments; motion for extension of commitment; permanency hearing; permanency plan; reopening and termination. Placement of delinquent child in alternative incarceration program. Probation treatment plan. Sections 46b-…

Sec. 46b-141c. Reimbursement of costs of probation supervision. The Judicial Department may require the parent or parents or guardian of any child who receives probation supervision to fully or partially reimburse the department for the costs of such child's supervision and may a…

Sec. 46b-141d. Credit for presentence detention. Any child who is arrested and held in a juvenile residential center, an alternative residential center or a police station or courthouse lockup prior to the disposition of a juvenile matter shall, if subsequently adjudicated as del…

Sec. 46b-142. (Formerly Sec. 51-323). Venue of petitions. Appeal to Appellate Court. Expedited hearing in termination of parental rights appeals. (a) The Chief Court Administrator shall establish districts for the purpose of establishing venue in juvenile matters. All petitions c…

Sec. 46b-143. (Formerly Sec. 51-324). Notice of appeal. The clerk in charge of juvenile matters shall note the time of filing an appeal from a juvenile matter and forthwith forward to the clerk of the Appellate Court a certified copy of the appeal and order made thereon. He shall…

Sec. 46b-144. (Formerly Sec. 51-325). Religious faith. Service of commitment process. In committing a child or youth to a custodial agency, other than such child's or youth's natural guardians, the court shall, as far as practicable, select as such agency some person of like fait…

Sec. 46b-145. (Formerly Sec. 51-326). Prohibition on prosecution of child before regular criminal docket. Exceptions. No child shall be prosecuted for an offense before the regular criminal docket of the Superior Court except as provided in section 46b-127 and subsection (f) of s…

Sec. 46b-146. (Formerly Sec. 51-327). Erasure of police and court records. Whenever any child has been convicted as delinquent, has been adjudicated a member of a family with service needs or has signed a statement of responsibility admitting to having committed a delinquent act,…

Sec. 46b-147. (Formerly Sec. 51-328). Proceedings inadmissible as evidence in criminal proceedings. The disposition of any child under the provisions of this chapter, evidence given in such cases, except evidence of crime which, if committed by a person of sufficient age, would b…