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 that (A) for purposes of delinquency matters and proceedings, “child” means any person who (i) is at least seven years of age at the time of the alleged commission of a delinquent act and who is (I) under eighteen years of age and has not been legally emancipated, or (II) eighteen years of age or older and committed a delinquent act prior to attaining eighteen years of age, or (ii) is subsequent to attaining eighteen years of age, (I) violates any order of the Superior Court or any condition of probation ordered by the Superior Court with respect to a delinquency proceeding, or (II) wilfully fails to appear in response to a summons under section 46b-133 or at any other court hearing in a delinquency proceeding of which the child had notice, and (B) for purposes of family with service needs matters and proceedings, child means a person who is at least seven years of age and is under eighteen years of age;
(2)
(A) A child may be adjudicated as “delinquent” who has, while under sixteen years of age,
(i) violated any federal or state law, except section 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223 or 53a-223a, or violated a municipal or local ordinance, except an ordinance regulating behavior of a child in a family with service needs,
(ii) wilfully failed to appear in response to a summons under section 46b-133 or at any other court hearing in a delinquency proceeding of which the child had notice,
(iii) violated any order of the Superior Court in a delinquency proceeding, except as provided in section 46b-148, or
(iv) violated conditions of probation supervision or probation supervision with residential placement in a delinquency proceeding as ordered by the court;
(B) A child may be adjudicated as “delinquent” who has (i) while sixteen or seventeen years of age, violated any federal or state law, other than (I) an infraction, except an infraction under subsection (d) of section 21a-267, (II) a violation, except a violation under subsection (a) of section 21a-279a, (III) a motor vehicle offense or violation under title 14, (IV) a violation of a municipal or local ordinance, or (V) a violation of section 51-164r, 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223 or 53a-223a, (ii) while sixteen years of age or older, wilfully failed to appear in response to a summons under section 46b-133 or at any other court hearing in a delinquency proceeding of which the child had notice, (iii) while sixteen years of age or older, violated any order of the Superior Court in a delinquency proceeding, except as provided in section 46b-148, or (iv) while sixteen years of age or older, violated conditions of probation supervision or probation supervision with residential placement in a delinquency proceeding as ordered by the court;
(3) “Family with service needs” means a family that includes a child who is at least seven years of age and is under eighteen years of age who, according to a petition lawfully filed on or before June 30, 2020, (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 parent, parents, guardian or other custodian, (C) has engaged in indecent or immoral conduct, or (D) 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;
(4) A child may be found “neglected” who, for reasons other than being impoverished, (A) has been abandoned, (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;
(5) A child may be found “abused” who (A) has been inflicted with physical injury or injuries other than by accidental means, (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, including, but not limited to, malnutrition, sexual molestation or exploitation, deprivation of necessities, emotional maltreatment or cruel punishment;
(6) A child may be found “uncared for” (A) who is homeless, (B) whose home cannot provide the specialized care that the physical, emotional or mental condition of the child requires, or (C) who has been identified as a victim of trafficking, as defined in section 46a-170. 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;
(7) “Delinquent act” means
(A) the violation by a child under the age of sixteen of any federal or state law, except the violation of section 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223 or 53a-223a, or the violation of a municipal or local ordinance, except an ordinance regulating behavior of a child in a family with service needs,
(B) the violation by a child sixteen or seventeen years of age of any federal or state law, other than (i) an infraction, except an infraction under subsection (d) of section 21a-267, (ii) a violation, except a violation under subsection (a) of section 21a-279a, (iii) a motor vehicle offense or violation under title 14, (iv) the violation of a municipal or local ordinance, or (v) the violation of section 51-164r, 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223 or 53a-223a,
(C) the wilful failure of a child, including a child who has attained the age of eighteen, to appear in response to a summons under section 46b-133 or at any other court hearing in a delinquency proceeding of which the child has notice,
(D) the violation of any order of the Superior Court in a delinquency proceeding by a child, including a child who has attained the age of eighteen, except as provided in section 46b-148, or
(E) the violation of conditions of probation supervision or probation supervision with residential placement in a delinquency proceeding by a child, including a child who has attained the age of eighteen, as ordered by the court;
(8) “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, subdivision (2) or (3) of subsection (a) of section 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-64aa, 53a-64bb, 53a-70 to 53a-71, inclusive, 53a-72b, 53a-86, 53a-92 to 53a-94a, inclusive, 53a-95, 53a-100aa, 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 or 53a-167c, subsection (a) of section 53a-174, or section 53a-196a, 53a-211, 53a-212, 53a-216 or 53a-217b, or
(B) absconding, escaping or running away, without just cause, from any secure residential facility in which the child has been placed by the court as a delinquent child;
(9) “Serious juvenile offender” means any child adjudicated as delinquent for the commission of a serious juvenile offense;
(10) “Serious juvenile repeat offender” means any child charged with the commission of any felony if such child has previously been adjudicated as delinquent or otherwise adjudicated at any age for two violations of any provision of title 21a, 29, 53 or 53a that is designated as a felony;
(11) “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”;
(12) “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”. 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;
(13) “Pre-dispositional study” means a comprehensive written report prepared by a juvenile probation officer pursuant to section 46b-134 regarding the child’s social, medical, mental health, educational, risks and needs, and family history, as well as the events surrounding the offense to present a supported recommendation to the court;
(14) “Probation supervision” means a legal status whereby a juvenile who has been adjudicated delinquent is placed by the court under the supervision of juvenile probation for a specified period of time and upon such terms as the court determines;
(15) “Probation supervision with residential placement” means a legal status whereby a juvenile who has been adjudicated delinquent is placed by the court under the supervision of juvenile probation for a specified period of time, upon such terms as the court determines, that include a period of placement in a secure or staff-secure residential treatment facility, as ordered by the court, and a period of supervision in the community;
(16) “Risk and needs assessment” means a standardized tool that (A) assists juvenile probation officers in collecting and synthesizing information about a child to estimate the child’s risk of recidivating and identify other factors that, if treated and changed, can reduce the child’s likelihood of reoffending, and (B) provides a guide for intervention planning;
(17) “Secure-residential facility” means a hardware-secured residential facility that includes direct staff supervision, surveillance enhancements and physical barriers that allow for close supervision and controlled movement in a treatment setting; and
(18) “Staff-secure residential facility” means a residential facility that provides residential treatment for children in a structured setting where the children are monitored by staff.
Conn. Gen. Stat. ยง 46b-120
(1949 Rev., S. 2802; 1959, P.A. 28, S. 52; 1967, P.A. 630, S. 1; 1969, P.A. 794, S. 1; 1971, P.A. 72, S. 14; P.A. 75-602, S. 1, 13; P.A. 76-436, S. 668, 681; P.A. 77-577, S. 4; P.A. 79-567, S. 1, 7; 79-581, S. 1; P.A. 80-401, S. 4; P.A. 85-226, S. 1; P.A. 87-373, S. 13; P.A. 90-161, S. 1, 6; 90-240, S. 2, 6; 90-325, S. 19, 32; P.A. 91-303, S. 11, 22; June Sp. Sess. P.A. 92-1, S. 2; June Sp. Sess. P.A. 92-3; P.A. 93-91, S. 1, 2; 93-340, S. 16; P.A. 95-225, S. 9; P.A. 97-319, S. 18, 22; P.A. 98-256, S. 1; P.A. 00-177, S. 1, 5; P.A. 02-109, S. 1; 02-132, S. 18; P.A. 05-250, S. 1; June Sp. Sess. P.A. 07-4, S. 73; Sept. Sp. Sess. P.A. 09-7, S. 69, 82; June Sp. Sess. P.A. 10-1, S. 28; P.A. 11-71, S. 7 -10; 11-157, S. 9 -12; 11-240, S. 2, 3; June 12 Sp. Sess. P.A. 12-1, S. 266, 267; P.A. 14-186, S. 5; P.A. 16-147, S. 7; June Sp. Sess. P.A. 17-2, S. 146; P.A. 18-31, S. 25, 26.)
Amended by P.A. 19-0187,S. 8 of the Connecticut Acts of the 2019 Regular Session, eff. 7/1/2019.
Amended by P.A. 18-0031, S. 26 of the Connecticut Acts of the 2018 Regular Session, eff. 7/1/2019.
Amended by P.A. 18-0031, S. 25 of the Connecticut Acts of the 2018 Regular Session, eff. 7/1/2019.
Amended by P.A. 17-0002, S. 146 of the Connecticut Acts of the 2017 Special Session, eff. 7/1/2019.
Amended by P.A. 14-0186, S. 5 of the Connecticut Acts of the 2014 Regular Session, eff. 10/1/2014.
Amended by P.A. 12-0001,SS. 266, 267 of the Connecticut Acts of the 2012 Special Session, eff. 10/1/2012.
Amended by P.A. 11-0240, S. 3 of the the 2011 Regular Session, eff. 7/1/2012.
Amended by P.A. 11-0157, S. 12 of the the 2011 Regular Session, eff. 7/1/2012.
Amended by P.A. 11-0071, S. 10 of the the 2011 Regular Session, eff. 7/1/2012.
Amended by P.A. 11-0071, S. 9 of the the 2011 Regular Session, eff. 7/1/2012.
Amended by P.A. 11-0240, S. 2 of the the 2011 Regular Session, eff. 7/1/2011.
Amended by P.A. 11-0157, S. 11 of the the 2011 Regular Session, eff. 10/1/2011.
Amended by P.A. 11-0157, S. 10 of the the 2011 Regular Session, eff. 10/1/2011.
Amended by P.A. 11-0157, S. 9 of the the 2011 Regular Session, eff. 10/1/2011.
Amended by P.A. 11-0071, S. 8 of the the 2011 Regular Session, eff. 7/1/2011.
Amended by P.A. 11-0071, S. 7 of the the 2011 Regular Session, eff. 7/1/2011.
Amended by P.A. 10-0001, S. 28 of the June 2010 Sp. Sess., eff. 6/22/2010.
Amended by P.A. 09-0007, S. 69 of the Sept. 2009 Sp. Sess., eff. 1/1/2010.
Annotations to former section 17-53: Cited. 154 Conn. 644; 158 Conn. 439. “Uncared for” is not limited to “uncared for by each living biological parent”, but can include being cared for by close relative with the consent of biological parent. 33 Conn.Supp. 100. Annotations to present section: Cited. 187 Conn. 431; 189 Conn. 276; 195 Conn. 303; Id., 344; 199 Conn. 693; 204 Conn. 630; 206 Conn. 323; Id., 346; 207 Conn. 270; Id., 725; 210 Conn. 435; 211 Conn. 151; Id., 289; 214 Conn. 454; 215 Conn. 277; Id., 739; 221 Conn. 903; 223 C. 492; 229 Conn. 691; 237 Conn. 364; 240 Conn. 727; Id., 743. In predictive neglect proceedings, trial court must find with respect to each parent who has entered a plea contesting the neglect petition and who has expressed a willingness to care for the child independently of the other parent, if the child were to remain in that parent’s independent care, the child would be denied proper care and attention, physically, educationally, emotionally or morally or would be permitted to live under conditions, circumstances or associations injurious to the well-being of the child; if the parents indicate they intend to care for the child jointly or if a court discredits a claim that a parent will care for the child independently, the court may treat the parents as a single unit. 305 Conn. 633. Definition of “abused”, when applied to teacher’s cheek-pinching and name-calling behavior toward student, is not unconstitutionally void for vagueness because teacher had fair notice that such conduct constitutes emotional abuse. 312 C. 393. Cited. 1 Conn.App. 378; 2 Conn.App. 705; 3 Conn.App. 158; Id., 194; 9 Conn.App. 98; 10 Conn.App. 428; 11 Conn.App. 507; 18 Conn.App. 806; 23 Conn.App. 410. Where statutory requirements are met, a mother’s prenatal conduct can be basis of a finding of neglect or termination of parental rights. 25 Conn.App. 586; judgment reversed, see 223 Conn. 492. Cited. 29 CA 600; 32 Conn.App. 759; 36 Conn.App. 146; 40 Conn.App. 216; 45 Conn.App. 606; 46 Conn.App. 545; 47 Conn.App. 64. It is not a constitutional right, but rather a statutory right, to be considered a juvenile. 51 Conn.App. 117. Adjudication of neglect may be based on potential risk of harm. 58 Conn.App. 119. In a substantiation of abuse hearing, if it is shown that child has sustained a nonaccidental injury as result of parent administered corporal punishment, hearing officer must determine whether the punishment was reasonable and whether parent believed the punishment was necessary to maintain discipline or to promote child’s welfare. 86 Conn.App. 290. Although no actual harm was done to child, child was neglected within definition of section because the father was not taking his medication as required to remedy his known mental health condition and neither he nor respondent understood, or attempted to learn, extent of the risk that father may have posed to the child in his unmedicated state. 98 Conn.App. 797. An adjudication of neglect relates to the status of the child and is not necessarily premised on parental fault, and a finding that a child is neglected is different from finding who is responsible for child’s condition of neglect. 121 Conn.App. 292; 123 Conn.App. 103. Plaintiff-teacher could not have been on notice that his cheek-pinching and name-calling behavior toward a student amounted to child abuse within the meaning of “abused” as interpreted by Department of Children and Families regulations, and as such, the definition of “abused” was unconstitutionally vague as to plaintiff’s conduct and placement of plaintiff’s name on child abuse and neglect registry based on such definition was unconstitutional. 134 Conn.App. 288; judgment reversed, see 312 Conn. 393. Read together with Sec. 46b-129, sections vest court with authority to enter interim orders that are in the best interests of children. 155 Conn.App. 624. Cited. 35 Conn.Supp. 241; 39 Conn.Supp. 490; Id., 514; 41 Conn.Supp. 23; Id., 505; 42 Conn.Supp. 562; 43 Conn.Supp. 108; Id., 211; Id., 367.
