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Section 46b-149 – Child from family with service needs. Complaint. Review by probation officer. Referral for services. Procedure. Hearing. Order. Modification of conditions. Permanency plan and hearing

May 15, 2021 | Connecticut, Family Law

(a) The provisions of this section in effect on June 30, 2020, revision of 1958, revised to January 1, 2019, shall be applicable to any petition filed in accordance with such provisions on or before June 30, 2020.
(b) A petition alleging that a child is from a family with service needs shall be verified and filed with the Superior Court which has venue over the matter. The petition shall set forth plainly:

(1) The facts which bring the child within the jurisdiction of the court;
(2) the name, date of birth, sex and residence of the child;
(3) the name and residence of the child’s parent or parents, guardian or other person having control of the child; and
(4) a prayer for appropriate action by the court in conformity with the provisions of this section.
(c) When a petition is filed under subsection (b) of this section, the court may issue a summons to the child and the child’s parents, guardian or other person having control of the child to appear in court at a specified time and place. The summons shall be signed by a judge or by the clerk or assistant clerk of the court, and a copy of the petition shall be attached to it. Whenever it appears to the judge that orders addressed to an adult, as set forth in section 46b-121, are necessary for the welfare of such child, a similar summons shall be issued and served upon such adult if he or she is not already in court. Service of summons shall be made in accordance with section 46b-128. The court may punish for contempt, as provided in section 46b-121, any parent, guardian or other person so summoned who fails to appear in court at the time and place so specified.
(d) If it appears from the allegations of a petition or other sworn affirmations that there is:

(1) A strong probability that the child may do something that is injurious to himself prior to court disposition;
(2) a strong probability that the child will run away prior to the hearing; or
(3) a need to hold the child for another jurisdiction, a judge may vest temporary custody of such child in some suitable person or agency. No nondelinquent juvenile runaway from another state may be held in a state-operated detention home in accordance with the provisions of section 46b-151h, the Interstate Compact for Juveniles. A hearing on temporary custody shall be held not later than ten days after the date on which a judge signs an order of temporary custody. Following such hearing, the judge may order that the child’s temporary custody continue to be vested in some suitable person or agency. Any expenses of temporary custody shall be paid in the same manner as provided in subsection (b) of section 46b-129.
(e) If a petition is filed under subsection (b) of this section and it appears that the interests of the child or the family may be best served, prior to adjudication, by a referral to community-based or other services, the judge may permit the matter to be continued for a reasonable period of time not to exceed six months, which time period may be extended by an additional three months for cause. If it appears at the conclusion of the continuance that the matter has been satisfactorily resolved, the judge may dismiss the petition.
(f) If the court finds, based on clear and convincing evidence, that a child is from a family with service needs, the court may, in addition to issuing any orders under section 46b-121:

(1) Refer the child to the Department of Children and Families for any voluntary services provided by the department;
(2) order the child to remain in the child’s own home or in the custody of a relative or any other suitable person subject to the supervision of a probation officer;
(3) if the child is from a family with service needs as a result of the child engaging 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, (A) refer the child to a youth service bureau or other appropriate service agency for participation in a program such as a teen pregnancy program or a sexually transmitted disease program, and (B) require such child to perform community service such as service in a hospital, an AIDS prevention program or an obstetrical and gynecological program; or
(4) upon a finding that there is no less restrictive alternative, commit the child to the care and custody of the Commissioner of Children and Families for an indefinite period not to exceed eighteen months. The child shall be entitled to representation by counsel and an evidentiary hearing. If the court issues any order which regulates future conduct of the child, parent or guardian, the child, parent or guardian shall receive adequate and fair warning of the consequences of violation of the order at the time it is issued, and such warning shall be provided to the child, parent or guardian, to his or her attorney and to his or her legal guardian in writing and shall be reflected in the court record and proceedings.
(g) At any time during the period of supervision, after hearing and for good cause shown, the court may modify or enlarge the conditions, whether originally imposed by the court under this section or otherwise, as deemed appropriate by the court. The court shall cause a copy of any such orders to be delivered to the child and to such child’s parent or guardian and probation officer.
(h)

(1) The Commissioner of Children and Families may file a motion for an extension of a commitment under this section on the grounds that an extension would be in the best interest of the child. The court shall give notice to the child and the child’s parent or guardian at least fourteen days prior to the hearing upon such motion. The court may, after hearing and upon finding that such extension is in the best interest of the child and that there is no suitable less restrictive alternative, continue the commitment for an additional indefinite period of not more than eighteen months.
(2) The Commissioner of Children and Families may at any time file a motion to discharge a child committed under this section, and any child committed to the commissioner under this section, or the parent or guardian of such child, may at any time but not more often than once every six months file a motion to revoke such commitment. The court shall notify the child, the child’s parent or guardian and the commissioner of any motion filed under this subsection, and of the time when a hearing on such motion will be held. Any order of the court made under this subsection shall be deemed a final order for purposes of appeal, except that no bond shall be required and no costs shall be taxed on such appeal.
(3) Not later than twelve months after a child is committed to the Commissioner of Children and Families in accordance with subdivision (4) of subsection (f) of this section or section 46b-149f, the court shall hold a permanency hearing in accordance with subsection (i) of this section. After the initial permanency hearing, subsequent permanency hearings shall be held at least once every twelve months while the child remains committed to the Commissioner of Children and Families.
(i) At least sixty days prior to each permanency hearing required under subsection (h) of this section, the Commissioner of Children and Families shall file a permanency plan with the court. At each permanency hearing, the court shall review and approve a permanency plan that is in the best interests of the child and takes into consideration the child’s need for permanency. Such permanency plan may include the goal of:

(1) Revocation of commitment and subsequent placement of the child with the parent or guardian,
(2) transfer of guardianship,
(3) permanent placement with a relative,
(4) adoption, or
(5) any other planned permanent living arrangement ordered by the court, provided the Commissioner of Children and Families has documented a compelling reason why it would not be in the best interest of the child for the permanency plan to include the goals set forth in subdivisions (1) to (4), inclusive, of this subsection. Such other planned permanent living arrangement may include, but not be limited to, placement of the child in an independent living program. At any such permanency hearing, the court shall also determine whether the Commissioner of Children and Families has made reasonable efforts to achieve the goals in the permanency plan.

Conn. Gen. Stat. ยง 46b-149

(P.A. 79-567, S. 3, 7; P.A. 80-401, S. 1, 4; P.A. 85-226, S. 3; P.A. 88-214, S. 1, 4; P.A. 89-273, S. 8; P.A. 90-240, S. 3, 6; 90-325, S. 19, 32; P.A. 91-303, S. 12, 22; P.A. 92-167, S. 2, 3; P.A. 93-91, S. 1, 2; 93-340, S. 17; 93-435, S. 26, 95; May 25 Sp. Sess. P.A. 94-1, S. 94, 130; P.A. 95-339, S. 6, 8; P.A. 96-178, S. 11, 18; P.A. 98-183, S. 5; P.A. 03-255, S. 4; June Sp. Sess. P.A. 07-4, S. 30; P.A. 08-86, S. 2; P.A. 10-32, S. 141; June Sp. Sess. P.A. 17-2, S. 145.)

Amended by P.A. 19-0187,S. 9 of the Connecticut Acts of the 2019 Regular Session, eff. 7/1/2019.
Amended by P.A. 17-0002, S. 145 of the Connecticut Acts of the 2017 Special Session, eff. 7/1/2019.
Amended by P.A. 10-0032, S. 141 of the February 2010 Regular Session, eff. 5/10/2010.

Cited. 36 Conn.App. 146. Cited. 39 Conn.Supp. 35.

See Sec. 46b-129c re court appointed special advocate.