Title 46b — Title 46b: Family Law

Sec. 46b-116h. Evidentiary prerequisite standard for Indian child foster care placement. No foster care placement may be ordered in a foster care placement proceeding in the absence of a determination, supported by clear and convincing evidence, including testimony of qualified e…

Sec. 46b-116i. Evidentiary prerequisite standard for termination of parental rights of Indian child. No termination of parental rights may be ordered in a termination of parental rights proceeding in the absence of a determination, supported by evidence beyond a reasonable doubt,…

Sec. 46b-116j. Form of parental, custodial consent in Indian child foster care placement and termination of parental rights proceedings. Court certification requirements. Where any parent or Indian custodian voluntarily consents to a foster care placement of an Indian child or to…

Sec. 46b-116k. Withdrawal of parental, custodial consent in Indian child foster care placement proceedings. Any parent or Indian custodian who voluntarily consents to a foster care placement under state law may withdraw such consent at any time and, upon such withdrawal, the Indi…

Sec. 46b-116l. Withdrawal of parental, custodial consent in termination of parental rights, adoption proceedings involving Indian child. In any voluntary proceeding for termination of parental rights to, or adoptive placement of, an Indian child, the consent of the parent may be …

Sec. 46b-116m. Withdrawal of parental consent on grounds of fraud or duress after final adoption decree. Time limit for petition to vacate decree. After the entry of a final decree of adoption of an Indian child in any state court, the parent may withdraw consent thereto upon the…

Sec. 46b-116n. Right of Indian child, parent, custodian, tribe to petition for invalidation of foster care placement, termination of parental rights actions on grounds actions violate state or federal law. Any Indian child who is the subject of any action for foster care placemen…

Sec. 46b-116o. Preferences for adoptive placement of Indian child. In any adoptive placement of an Indian child under state law, a preference shall be given, in the absence of good cause to the contrary, to a placement with (1) a member of the child's extended family; (2) other m…

Sec. 46b-116p. Preferences for preadoptive, foster care placement of Indian child. Required setting, proximity to child's home. Any Indian child accepted for foster care or preadoptive placement shall be placed in the least restrictive setting that most approximates a family and …

Sec. 46b-116q. Court, agency requirements for tribal resolutions for different placement preferences. Child, parental preference, parental anonymity request consideration by court, agency. In the case of a placement under section 46b-116o or 46b-116p if the Indian child's tribe e…

Sec. 46b-116r. Standards for meeting preference requirements for Indian child placement. The standards to be applied in meeting the preference requirements set forth in sections 46b-116o and 46b-116p shall be the prevailing social and cultural standards of the Indian community in…

Sec. 46b-116s. Record requirements for Department of Children and Families for Indian child placements. A record of each such placement, under state law, of an Indian child shall be maintained by the Commissioner of Children and Families, evidencing the efforts to comply with the…

Sec. 46b-116t. Biological parent, Indian custodian petitions for return of custody upon vacation or setting aside of final adoption decree or voluntary termination of adoptive parents' rights to Indian child. Court standard for granting petitions. Notwithstanding any provision of…

Sec. 46b-116u. Continuing requirement to adhere to Connecticut Indian Child Welfare Act. Exception. Whenever an Indian child is removed from a foster care placement for the purpose of further foster care, preadoptive or adoptive placement, such placement shall be in accordance wi…

Sec. 46b-116v. Court duty to disclose tribal affiliation of Indian individuals age eighteen and over who were subject to adoptive placements. Upon application by an Indian individual who has reached the age of eighteen and who was the subject of an adoptive placement under sectio…

Sec. 46b-116w. Authorization of agreement between Department of Children and Families and Indian tribes regarding care and custody of Indian children. Requirements for agreements. Notwithstanding section 3-6c, the Department of Children and Families is authorized to enter into an…

Sec. 46b-116x. Jurisdiction in cases where petitioner improperly removed Indian child from parent or custodian or improperly retained custody. Where any petitioner in an Indian child custody proceeding before a state court has improperly removed the child from custody of the pare…

Sec. 46b-116y. Emergency removal, placement of Indian child located off reservation to prevent imminent physical damage, harm. Requirements for Department of Children and Families. Nothing in the provisions of sections 46b-116a to 46b-116aa, inclusive, shall be construed to preve…

Sec. 46b-116z. Applicability of federal law providing a higher standard of protection to rights of parent, Indian custodian of Indian child. In any case where federal law applicable to a child custody proceeding under the provisions of sections 46b-116a to 46b-116aa, inclusive, p…

Secs. 46b-117 to 46b-119. Reserved for future use. Note: Chapters 815r and 815s are also reserved for future use.

Sec. 46b-12. Orders re appointment of counsel or guardian ad litem for a minor child in family relations matter. (a) Except as provided in subsection (b) of this section, prior to appointing counsel or a guardian ad litem for any minor child in a family relations matter, the cour…

Sec. 46b-120. (Formerly Sec. 51-301). Definitions. 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 eighteen years of age who has not been legally emancipated, except…

Sec. 46b-121. (Formerly Sec. 51-302). “Juvenile matters” defined. Authority of court. (a)(1) Juvenile matters in the civil session include all proceedings concerning uncared-for, neglected or abused children within this state, termination of parental rights of children committed …

Sec. 46b-121a. Referral of juvenile matters to state referees. The Superior Court may refer any juvenile matter to a state referee who shall have been a judge of the Superior Court. Any hearing by such referee shall be conducted as provided in section 52-434. Such referee shall h…

Sec. 46b-121b. Handling of juvenile matters. (a) The Division of Criminal Justice shall have charge of all proceedings concerning juvenile matters in the criminal session of the Superior Court. (b) The Attorney General shall have charge of all proceedings concerning juvenile matt…

Secs. 46b-121c to 46b-121g. Reserved for future use.

Sec. 46b-121h. Goals of juvenile justice system. It is the intent of the General Assembly that the juvenile justice system provide individualized supervision, care, accountability and treatment in a manner consistent with public safety to those juveniles who violate the law. The …

Secs. 46b-121i and 46b-121j. Duties and responsibilities of the Judicial Department in providing programs and services to the juvenile justice system. Programs and probation treatment services for juvenile offenders. Sections 46b-121i and 46b-121j are repealed, effective July 1, …

Sec. 46b-121k. Programs, services and facilities for juvenile offenders. (a)(1) The Judicial Branch shall develop a continuum of community-based programs for the reduction of delinquency among juveniles. When appropriate, the Judicial Branch shall coordinate such programs with th…

Sec. 46b-121l. Early intervention projects for juvenile offenders. Section 46b-121l is repealed, effective July 1, 2018. (P.A. 95-225, S. 7, 52; P.A. 02-132, S. 21; P.A. 18-31, S. 43.)

Sec. 46b-121m. Evaluation of the costs and benefits of programs serving juvenile offenders. Section 46b-121m is repealed, effective July 1, 2009. (P.A. 00-172; P.A. 09-205, S. 12.)

Sec. 46b-121n. Juvenile Justice Policy and Oversight Committee. Reports. (a) There is established a Juvenile Justice Policy and Oversight Committee. The committee shall evaluate policies related to the juvenile justice system and the expansion of juvenile jurisdiction to include …

Sec. 46b-121o. Redicivism reduction framework for the juvenile justice system. Not later than January 1, 2017, the Department of Children and Families and the Judicial Department shall work with private providers of services to adopt and adhere to an empirically supported recidiv…

Sec. 46b-121p. Training and monitoring deescalation efforts in secure and congregate care settings. Tracking of arrests and recidivism rates. Not later than January 1, 2017, the Department of Children and Families and the Judicial Department shall: (1) Develop, provide and monito…

Sec. 46b-121q. Commitment of juvenile offenders. Sentence of probation. Notwithstanding any provision of the general statutes, on and after July 1, 2018, no child, as defined in section 46b-120, who has been convicted as delinquent, as described in section 46b-120, may be committ…

Sec. 46b-121r. Comprehensive system of graduated responses provided for juvenile offenders. The Judicial Branch shall expand its contracted-for juvenile justice services to include a comprehensive system of graduated responses with an array of services, sanctions and secure place…

Sec. 46b-121s. Community-based diversion system. There shall be a community-based diversion system developed pursuant to subsection (k) of section 46b-121n. (P.A. 18-31, S. 1.) History: P.A. 18-31 effective June 1, 2018.

Sec. 46b-122. (Formerly Sec. 51-303). Juvenile matters separated from other court business when practicable. Exclusion of persons from hearing. Exceptions. (a) All matters which are juvenile matters, as defined in section 46b-121, shall be kept separate and apart from all other b…

Sec. 46b-122a. Use of mechanical restraints during juvenile proceedings. Statistics concerning use of restraints. There shall be a presumption in juvenile proceedings that all mechanical restraints shall be removed from a preadjudicated detained juvenile prior to and throughout t…

Sec. 46b-123. (Formerly Sec. 51-304). Appointment of staff for juvenile matters. The Chief Court Administrator shall appoint such probation officers, probation aides, clerks, detention personnel, clerical assistants and other personnel, including supervisory staff, as the Chief C…

Sec. 46b-123a. Transfer of personnel to Division of Criminal Justice. All persons employed as court advocates, inspectors or investigators, and associated staff, by the Judicial Department on July 1, 1996, shall be transferred to the Division of Criminal Justice on said date. (P.…

Sec. 46b-123b. Transfer of juvenile justice centers to Judicial Department. Juvenile justice centers within the Office of Policy and Management for administrative purposes shall, on and after July 1, 1996, or upon the cessation of receipt of federal funds, whichever is later, be …

Secs. 46b-123c to 46b-123e. Commission on Child Protection; membership; duties. Chief Child Protection Attorney; duties; contracts for legal services. Eligibility for counsel in family relations or juvenile matters; procedure for appointment or assignment. Sections 46b-123c to 46…

Sec. 46b-123f. Transfer of legal authority over delinquent children committed to the Department of Children and Families to the Judicial Branch. (a) On July 1, 2018, the Judicial Branch shall assume legal authority over any child, as defined in section 46b-120, who is committed t…

Sec. 46b-124. (Formerly Sec. 51-305). Confidentiality of records of juvenile matters. Exceptions. (a) For the purposes of this section, “records of cases of juvenile matters” includes, but is not limited to, court records, records regarding juveniles maintained by the Court Suppo…

Sec. 46b-124a. Access to records of cases of juvenile matters by victim of delinquent act committed by a child. (a) Notwithstanding any provision of the general statutes concerning the confidentiality of records of cases of juvenile matters, as defined in section 46b-124, whether…

Sec. 46b-125. (Formerly Sec. 51-306). Juvenile probation officers and juvenile matters investigators. Rights in retirement system. Duties and authority. Juvenile probation officers shall investigate and submit reports and recommendations to the court, including predispositional s…

Sec. 46b-126. (Formerly Sec. 51-307). Secure facilities for care and treatment of children. Section 46b-126 is repealed, effective July 1, 2018. (1971, P.A. 170; P.A. 76-194, S. 4; 76-436, S. 17, 681; P.A. 77-326; 77-452, S. 23, 72; P.A. 79-581, S. 2; P.A. 83-402, S. 1; P.A. 84-2…

Sec. 46b-126a. Out-of-school suspensions for children residing in juvenile facilities prohibited. No facility operated by the Department of Children and Families, the Department of Correction or the Court Support Services Division of the Judicial Department shall impose an out-of…

Sec. 46b-127. (Formerly Sec. 51-308). Transfer of child charged with a felony to the regular criminal docket. Transfer of youth aged sixteen or seventeen to docket for juvenile matters. (a)(1) The court shall automatically transfer from the docket for juvenile matters to the regu…