(a) Notwithstanding any provision of this chapter: (1) No child who has been adjudicated as a child from a family with service needs in accordance with section 46b-149 may be processed or held in a juvenile residential center as a delinquent child, or be convicted as delinquent, solely for the violation of a valid order which regulates future conduct of the child that was issued by the court following such an adjudication; and (2) no such child who is found to be in violation of any such order may be punished for such violation by placement in any juvenile residential center.
(b) In entering any order that directs or authorizes placement or commitment of a child who has been adjudicated as a child from a family with service needs in accordance with section 46b-149, the court shall make a determination that there is no less restrictive alternative appropriate to the needs of such child and the community.
(1949 Rev., S. 2819; P.A. 76-436, S. 33, 681; P.A. 82-335; P.A. 85-226, S. 2; P.A. 89-273, S. 7; P.A. 98-183, S. 4; P.A. 02-132, S. 26; P.A. 05-250, S. 2; P.A. 08-86, S. 1; P.A. 21-104, S. 33.)
History: P.A. 76-436 specified applicability to enforcement of orders “in connection with any juvenile matter”, effective July 1, 1978; Sec. 17-74 temporarily renumbered as Sec. 51-329 and ultimately transferred to Sec. 46b-148 in 1979; P.A. 82-335 added Subsecs. (b) to (d) to provide procedure for enforcement of court order violated by child of family with service needs, including petition, summons, custody, bail, release, hearing and detention; P.A. 85-226 amended Subsec. (b) by adding provision re processing child as delinquent who violates valid court order which regulates future conduct of the child and deleted former Subsecs. (c) and (d) re procedures for taking custody of child and time limits for holding child in detention; P.A. 89-273 deleted Subsec. (a) re the authority of the court to enforce its orders in connection with any juvenile matter and reenacted such provision as part of Sec. 46b-121, and made a technical change in remaining provisions; P.A. 98-183 deleted “disposition of placement in a state-operated detention facility, Long Lane School or any other secure facility” and substituted “placement in a facility under the auspices of the Office of Alternative Sanctions or commitment to the Department of Children and Families”; P.A. 02-132 replaced “Office of Alternative Sanctions” with “Court Support Services Division”; P.A. 05-250 replaced former provisions with Subsec. (a) prohibiting child of family with service needs from being held in detention or convicted as delinquent solely for violation of court order and Subsec. (b) re determination to be made by court in entering placement or commitment order for such child, effective October 1, 2007; P.A. 08-86 substituted child “adjudicated as a child from a family with service needs” for child “whose family has been adjudicated as a family with service needs” and, in Subsec. (a)(2), substituted “placement in” for “commitment to” re juvenile detention center; P.A. 21-104 amended Subsec. (a) to replace “juvenile detention center” with “juvenile residential center”, effective January 1, 2022.
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.