More Categories

Section 46b-140 – (Formerly Sec. 51-321). Disposition upon adjudication of child as delinquent

May 15, 2021 | Connecticut, Family Law

(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) the seriousness of the offense, including any aggravating or mitigating factors;
(3) the impact of the offense on any victim;
(4) the child’s record of delinquency;
(5) the child’s willingness to participate in available programs;
(6) the child’s prior involvement with the Department of Children and Families as a committed delinquent;
(7) the child’s prior involvement with juvenile probation;
(8) the child’s history of participation in and engagement with programming and service interventions;
(9) the identified services, programs and interventions that will best address the child’s needs and risk of reoffending, as indicated by the risk and needs assessment administered by the Court Support Services Division and any other relevant evidence; and
(10) the level of supervision indicated by the risk and needs assessment administered by the Court Support Services Division and any other relevant evidence.
(b) Upon adjudication of a child as delinquent, the court may (1) discharge the child from the court’s jurisdiction with or without a warning, (2) place the child on probation supervision for a period not to exceed eighteen months, which may be extended in accordance with section 46b-140a by not more than twelve months, for a total supervision period not to exceed thirty months, or (3) place the child on probation supervision with residential placement, for a period not to exceed eighteen months, which may be extended in accordance with section 46b-140a by not more than twelve months, for a total supervision period not to exceed thirty months.
(c) As a condition of probation supervision or probation supervision with residential placement, the court may order that the child:

(1) Participate in a youth service bureau program;
(2) reside with a parent, relative or guardian or in a suitable residence approved by the court;
(3) attend school and class on a regular basis and comply with school policies on student conduct and discipline;
(4) refrain from violating any federal or state law or municipal or local ordinance;
(5) undergo any medical or psychiatric evaluation or treatment deemed necessary by the court;
(6) submit to random drug or alcohol testing, or both;
(7) participate in a program of alcohol or drug treatment, or both;
(8) participate in a program of community service;
(9) obtain technical or vocational training, or both;
(10) make a good faith effort to obtain and maintain employment;
(11) be placed in an appropriate residential facility in accordance with subsection (g) of this section and remain in such facility until discharged;
(12) not leave the state without notification of and permission from his or her probation officer;
(13) notify his or her probation officer of any change of address or phone number within forty-eight hours of such change;
(14) make all reasonable efforts to keep all appointments scheduled by the probation officer, evaluators and therapists, and notify his or her probation officer if he or she is unable to keep any such appointment;
(15) obey any graduated responses ordered by his or her probation officer;
(16) initiate no contact with any victim of the offense; and
(17) satisfy any other conditions deemed appropriate by the court. The court may also order as a condition of probation supervision or probation supervision with residential placement that the child or the parents or guardian of the child, or both, make restitution to the victim of the offense in accordance with subsection (d) of this section. The court shall cause a copy of any such order to be delivered to the child, the child’s parents or guardian and the child’s probation officer. If the child is adjudicated as delinquent for a violation of section 53-247, the court may order, as a condition of probation supervision or probation supervision with residential placement, that the child undergo psychiatric or psychological counseling or participate in an animal cruelty prevention and education program provided such a program exists and is available to the child.
(d) If the child has engaged in conduct which results in property damage or personal injury, the court may order the child or the parent or parents or guardian of the child, if such parent or parents or guardian had knowledge of and condoned the conduct of the child, or both the child and the parent or parents or guardian, to make restitution to the victim of such offense, provided the liability of such parent or parents or guardian shall be limited to an amount not exceeding the amount such parent or parents or guardian would be liable for in an action under section 52-572. Restitution may consist of monetary reimbursement for the damage or injury, based on the child’s or the parent’s, parents’ or guardian’s ability to pay, as the case may be, in the form of a lump sum or installment payments, paid to the court clerk or such other official designated by the court for distribution to the victim.
(e) The court may order the child to participate in a program of community service under the supervision of the court or any organization designated by the court. Such child shall not be deemed to be an employee and the services of such child shall not be deemed employment.
(f) At any time during a period of probation supervision or probation supervision with residential placement, the court may authorize the child’s probation officer to convene a case review team meeting with the child and the child’s attorney on any case that is being considered for residential placement or that is complex and could benefit from a multi-systemic approach. The juvenile probation supervisor and juvenile probation officer shall facilitate the meeting, which may also include the following participants:

(1) The child’s family;
(2) the state’s attorney;
(3) school officials;
(4) treatment providers; and
(5) representatives from other state agencies, as deemed appropriate. Any recommendations to modify conditions of probation supervision, including residential placement, shall be presented to the court for consideration and approval.
(g) An adjudicated child shall not be placed on probation supervision with residential placement in a secure or staff-secure facility unless a current predispositional study has been completed and reviewed by the court and:

(1) Such placement is indicated by the child’s clinical and behavioral needs; or
(2) the level of risk the child poses to public safety cannot be managed in a less restrictive setting. The court shall consider all relevant reports, evaluations and studies proffered or admitted as evidence. The child’s length of stay in a residential facility shall be dependent on the child’s treatment progress and attainment of treatment goals.

Conn. Gen. Stat. ยง 46b-140

(1949 Rev., S. 2813; 1955, S. 1578d; 1957, P.A. 41; 1969, P.A. 498, S. 1; 664, S. 9; P.A. 75-226, S. 2; 75-567, S. 77, 80; 75-602, S. 9, 13; P.A. 76-436, S. 27, 681; P.A. 78-188, S. 6, 8; P.A. 79-581, S. 6; P.A. 84-10; 84-389, S. 1; P.A. 89-273, S. 5; 89-390, S. 20, 37; P.A. 90-161, S. 5, 6; 90-240, S. 5, 6; 90-325, S. 19, 32; P.A. 93-91, S. 1, 2; P.A. 94-136, S. 2; 94-221, S. 14; P.A. 95-225, S. 22; P.A. 98-70, S. 3; 98-256, S. 6; P.A. 99-26, S. 12, 39; P.A. 01-211, S. 14; P.A. 02-132, S. 23; P.A. 03-208, S. 3; P.A. 04-152, S. 1; June Sp. Sess. P.A. 07-4, S. 79; Sept. Sp. Sess. P.A. 09-7, S. 76; P.A. 11-157, S. 16; June 12 Sp. Sess. P.A. 12-1, S. 271; Dec. Sp. Sess. P.A. 12-1, S. 48; P.A. 15-58, S. 1; P.A. 18-31, S. 36.)

Amended by P.A. 19-0032,S. 17 of the Connecticut Acts of the 2019 Regular Session, eff. 10/1/2019.
Amended by P.A. 18-0031, S. 36 of the Connecticut Acts of the 2018 Regular Session, eff. 7/1/2018.
Amended by P.A. 15-0058, S. 1 of the Connecticut Acts of the 2015 Regular Session, eff. 10/1/2015.
Amended by P.A. 12-0001, S. 48 of the 2012 Second Special Session, eff. 12/21/2012.
Amended by P.A. 12-0001, S. 271 of the 2012 First Special Session, eff. 7/1/2012.
Amended by P.A. 11-0157, S. 16 of the the 2011 Regular Session, eff. 10/1/2011.
Amended by P.A. 09-0007, S. 76 of the Sept. 2009 Sp. Sess., eff. 1/1/2010.

Annotations to former section 17-68: Cited. 162 C. 243. Suspension of sentence and suspension of execution of a commitment distinguished; juvenile court has no power as to the latter. 19 CS 433. Cited. 26 Conn.Supp. 316. Annotations to present section: Cited. 199 Conn. 693; 204 Conn. 630; 206 Conn. 323; 207 Conn. 270; 211 Conn. 151. Trial court did not have authority under section to both commit a juvenile to Department of Children and Families and order the juvenile placed in an out-of-state residential facility. 134 CA 29. Former Subsec. (f): Legislative amendment, together with legislative history, firmly establish that Subsec. does not authorize Superior Court to order out-of-state placement of child committed to custody of Department of Children and Families. 307 C. 640. Under 2005 revision, adult individual who violated probation related to delinquency conviction rendered at age of 15 was properly committed to custody of Commissioner of Children and Families under Subsec. 52 CS 132.