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Section 46b-121 – (Formerly Sec. 51-302). “Juvenile matters” defined. Authority of court

May 15, 2021 | Connecticut, Family Law

(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 to a state agency, adoption proceedings pursuant to section 46b-129b, 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 over which the Probate Court has jurisdiction, except that appeals from probate concerning adoption, termination of parental rights and removal of a parent as guardian shall be included.
(2)

(A) Juvenile matters in the criminal session include all proceedings concerning delinquent children within this state and persons eighteen years of age and older who are under the supervision of a juvenile probation officer while on probation supervision or probation supervision with residential placement, for purposes of enforcing any court orders entered as part of such probation.
(B) A juvenile who has been placed on probation supervision is subject to the continuing jurisdiction of the court and may be subject to other reasonable court-ordered restrictions or conditions and required to participate in a variety of appropriate programmatic services.
(C) A juvenile who has been placed on probation supervision with residential placement is subject to the continuing jurisdiction of the court and may be subject to other reasonable court-ordered restrictions or conditions and required to participate in a variety of appropriate programmatic services.
(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 the court paternity of a child born out of wedlock, guardians, custodians or other adult persons owing some legal duty to a child therein, as the court deems necessary or appropriate to secure the welfare, protection, proper care and suitable support of a child subject to the court’s jurisdiction or otherwise committed to or in the custody of the Commissioner of Children and Families. The Superior Court may order a local or regional board of education to provide to the court educational records of a child for the purpose of determining the need for services or placement of the child. In proceedings concerning a child charged with a delinquent act or with being from a family with service needs, records produced subject to such an order shall be maintained under seal by the court and shall be released only after a hearing or with the consent of the child. Educational records obtained pursuant to this section shall be used only for dispositional purposes. In addition, with respect to proceedings concerning delinquent children, the Superior Court shall have authority to make and enforce such orders as the court deems necessary or appropriate to provide individualized supervision, care, accountability and treatment to such child in a manner consistent with public safety, deter the child from the commission of further delinquent acts, ensure that the child is responsive to the court process, ensure that the safety of any other person will not be endangered and provide restitution to any victim. The Superior Court shall also have authority to grant and enforce temporary and permanent injunctive relief in all proceedings concerning juvenile matters.
(2) If any order for the payment of money is issued by 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 the court, except orders for support of children committed to any state agency or department, which orders shall be made payable to and collected by the Department of Administrative Services. If the Superior Court after due diligence is unable to collect such moneys within six months, the court shall refer such case to the Department of Administrative Services for collection as a delinquent account. In juvenile matters, the Superior Court shall have authority to make and enforce orders directed to persons liable hereunder on petition of the Department of Administrative Services made to 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.
(3) In the enforcement of 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.

Conn. Gen. Stat. ยง 46b-121

(1949 Rev., S. 2805; 1953, 1955, S. 1576d; 1969, P.A. 483; P.A. 75-171, S. 1, 2; 75-602, S. 3, 13; P.A. 76-436, S. 14, 681; P.A. 77-576, S. 41, 65; 77-614, S. 71, 610; P.A. 79-567, S. 2, 7; P.A. 80-70, S. 3; 80-401, S. 4; P.A. 82-472, S. 128, 183; P.A. 87-421, S. 9, 13; P.A. 89-219, S. 2, 10; 89-273, S. 1; P.A. 93-91, S. 1, 2; P.A. 95-225, S. 10; 95-254, S. 2; P.A. 98-256, S. 10; P.A. 00-170, S. 33, 42; 00-177, S. 2, 5; P.A. 06-196, S. 172; June Sp. Sess. P.A. 07-4, S. 74; Sept. Sp. Sess. P.A. 09-7, S. 70, 83; P.A. 11-157, S. 13; 11-240, S. 5, 6; P.A. 12-82, S. 17; P.A. 16-147, S. 6; P.A. 18-31, S. 27.)

Amended by P.A. 18-0031, S. 27 of the Connecticut Acts of the 2018 Regular Session, eff. 7/1/2018.
Amended by P.A. 16-0147, S. 6 of the Connecticut Acts of the 2016 Regular Session, eff. 10/1/2016.
Amended by P.A. 12-0082, S. 17 of the the 2012 Regular Session, eff. 10/1/2012.
Amended by P.A. 11-0240, S. 6 of the the 2011 Regular Session, eff. 7/1/2012.
Amended by P.A. 11-0240, S. 5 of the the 2011 Regular Session, eff. 7/1/2011.
Amended by P.A. 11-0157, S. 13 of the the 2011 Regular Session, eff. 10/1/2011.
Amended by P.A. 09-0007, S. 70 of the Sept. 2009 Sp. Sess., eff. 1/1/2010.

Annotations to former sections 17-59 and 51-302: If Superior Court could take jurisdiction of charge of rape against child under 16, proceedings must first be had in juvenile court. 115 C. 589. Cited. 158 Conn. 439; 171 C. 630. Superior Court may not make orders for support prior to termination of juvenile court commitment. 19 CS 371. Possible for juvenile court, Superior Court and Probate Court to have concurrent jurisdiction concerning the proper custody of a child and fact that Superior Court originally awarded custody in a divorce action does not mean that it retains exclusive jurisdiction over custody of the child. 21 CS 73. Annotations to present section: Cited. 195 Conn. 303; Id., 344; 199 Conn. 693; 206 Conn. 323; 211 C. 289; 216 C. 563; 223 C. 384; 224 Conn. 263. Cited. 1 CA 584; 13 CA 626; 22 CA 656; 36 CA 345. In a termination of parental rights proceeding, a court has the authority under section to order the substitution of parties if the court deems substitution necessary to protect the welfare of a child. 167 CA 428. Section carefully contains some exceptions in grant of jurisdiction over children and youths to Superior Court; these exceptions do not include reservation of mental health commitment power to Probate Court; Probate Court is without jurisdiction to entertain and determine matters involving the mental health commitment of children or youths since the Superior Court for juvenile matters has exclusive jurisdiction over such matters. 35 Conn.Supp. 241. Cited. 43 CS 367. Subsec. (b): Trial court has the power to find in contempt those persons who violate orders pertaining to juvenile matters. 64 CA 55. Subdiv. (1): Plain language of Subdiv. authorizes orders directed at parents whenever their children are subject to the court’s jurisdiction, regardless of whether the children have been committed to or are in the custody of the Commissioner of Children and Families. 155 Conn.App. 624.