(a) For the purposes of this section: (1) “Child” means child, as defined in section 46b-120; (2) “delinquent act” means delinquent act, as defined in section 46b-120; (3) “family violence” means family violence, as defined in section 46b-38a, between a child and a family or household member, as defined in section 46b-38a, except between the child and a person with a relationship to the child described in subparagraph (A), (E) or (F) of subdivision (2) of section 46b-38a; and (4) “mediation” means a process conducted in accordance with best practice principles for the mediation of family matters.
(b) The Judicial Department shall establish, within available appropriations, a family violence mediation program as a pilot program on the docket for juvenile matters in two judicial districts. Under the family violence mediation program, parties to an alleged delinquent act that involved family violence may agree to participate in mediation with an impartial third-party approved by the Superior Court to work toward a disposition of the alleged delinquent act that is satisfactory to each party. A juvenile probation officer, or the court, upon motion of any party, may refer the case of a child accused of a delinquent act involving family violence to the family violence mediation program. Such child's participation in the family violence mediation program shall be supervised by a juvenile probation officer.
(c) Upon receipt of a report from the juvenile probation officer that the child's progress in the family violence mediation program was satisfactory and that mediation has been successful, the court shall dismiss the charges against the child with respect to the delinquent act. Upon ordering that such charges be dismissed, the court shall order that all records of such charges be erased.
(d) Upon receipt of a report from a juvenile probation officer that mediation has not been successful or the child alleged to be a delinquent is no longer amenable to participation in the family violence mediation program or has failed to comply with the terms of any mediation agreement, the juvenile probation officer shall notify the prosecutorial official in charge of the case who may initiate delinquency or criminal proceedings against the child.
(e) Mediation services in cases referred to the family violence mediation program may be provided by private agencies under contract with the Court Support Services Division of the Judicial Department.
(f) If a child is under the supervision of the Department of Children and Families when the case of such child is referred to the family violence mediation program pursuant to this section, the court or probation officer shall notify the Department of Children and Families that such referral has been made.
(g) Not later than July 1, 2015, the executive director of the Court Support Services Division within the Judicial Department shall evaluate, within available appropriations, the pilot program established in each judicial district selected pursuant to subsection (b) of this section, and evaluate the feasibility of expanding the pilot program to other judicial districts. Not later than July 15, 2015, the executive director shall submit a report on such evaluation to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary and the Juvenile Justice Policy and Oversight Committee.
(P.A. 14-217, S. 85; P.A. 15-14, S. 14.)
History: P.A. 14-217 effective July 1, 2014; P.A. 15-14 made technical changes in Subsec. (b).
Structure Connecticut General Statutes
Chapter 815t - Juvenile Matters
Section 46b-120. (Formerly Sec. 51-301). - Definitions.
Section 46b-121. (Formerly Sec. 51-302). - “Juvenile matters” defined. Authority of court.
Section 46b-121a. - Referral of juvenile matters to state referees.
Section 46b-121b. - Handling of juvenile matters.
Section 46b-121h. - Goals of juvenile justice system.
Section 46b-121k. - Programs, services and facilities for juvenile offenders.
Section 46b-121l. - Early intervention projects for juvenile offenders.
Section 46b-121m. - Evaluation of the costs and benefits of programs serving juvenile offenders.
Section 46b-121n. - Juvenile Justice Policy and Oversight Committee. Reports.
Section 46b-121o. - Redicivism reduction framework for the juvenile justice system.
Section 46b-121q. - Commitment of juvenile offenders. Sentence of probation.
Section 46b-121r. - Comprehensive system of graduated responses provided for juvenile offenders.
Section 46b-121s. - Community-based diversion system.
Section 46b-123. (Formerly Sec. 51-304). - Appointment of staff for juvenile matters.
Section 46b-123a. - Transfer of personnel to Division of Criminal Justice.
Section 46b-123b. - Transfer of juvenile justice centers to Judicial Department.
Section 46b-126. (Formerly Sec. 51-307). - Secure facilities for care and treatment of children.
Section 46b-128a. - Competency determinations in juvenile matters.
Section 46b-132. (Formerly Sec. 51-313). - Temporary detention places.
Section 46b-132a. - Medical care of children in juvenile residential centers.
Section 46b-133c. - Serious juvenile repeat offender prosecution. Sentencing.
Section 46b-133d. - Serious homicide, firearm or sexual offender prosecution. Sentencing.
Section 46b-133f. - Family violence mediation program on docket for juvenile matters. Report.
Section 46b-133g. - Detention risk screening instrument.
Section 46b-133h. - Parameters for releasing child from detention.
Section 46b-133i. - Suspension of delinquency proceedings for fire starting behavior treatment.
Section 46b-133l. - Report of use of chemical agents or prone restraints on detained juveniles.
Section 46b-133m. - Independent ombudsperson services provided in facilities that detain juveniles.
Section 46b-135. (Formerly Sec. 51-316). - Right to counsel and cross-examination.
Section 46b-138. (Formerly Sec. 51-319). - Summoning of witnesses. Conversation privileged.
Section 46b-138a. - Testimony of accused juvenile, parent or guardian in juvenile proceeding.
Section 46b-138b. - Statement of victim or victim's representative at delinquency proceeding.
Section 46b-139. (Formerly Sec. 51-320). - Expert medical witnesses; interpreter.
Section 46b-140. (Formerly Sec. 51-321). - Disposition upon adjudication of child as delinquent.
Section 46b-141c. - Reimbursement of costs of probation supervision.
Section 46b-141d. - Credit for presentence detention.
Section 46b-143. (Formerly Sec. 51-324). - Notice of appeal.
Section 46b-144. (Formerly Sec. 51-325). - Religious faith. Service of commitment process.
Section 46b-146. (Formerly Sec. 51-327). - Erasure of police and court records.
Section 46b-147a. - Reports on cases of children charged with serious juvenile offenses.
Section 46b-149a. - Duties of police officer re child of family with service needs.
Section 46b-149b. - Immunity of police officer or municipal official from personal liability.
Section 46b-149c. - Truancy and other family with service needs cases. Duties of Judicial Branch.
Section 46b-149e. - Family support centers.
Section 46b-150. - Emancipation of minor. Procedure. Notice. Attorney General as party.
Section 46b-150b. - Order of emancipation.
Section 46b-150d. - Effect of emancipation.
Section 46b-150e. - Emancipation under common law.