Any minor who has reached such minor's sixteenth birthday and is residing in this state, or any parent or guardian of such minor, may petition the superior court for juvenile matters or the Probate Court for the district in which either the minor or the parents or guardian of such minor resides for a determination that the minor named in the petition be emancipated. The petition shall be verified and shall state plainly: (1) The facts which bring the minor within the jurisdiction of the court, (2) the name, date of birth, sex and residence of the minor, (3) the name and residence of the minor's parent, parents or guardian, and (4) the name of the petitioner and the petitioner's relationship to the minor. Upon the filing of the petition in the Superior Court, the court shall cause a summons to be issued to the minor and the minor's parent, parents or guardian, in the manner provided in section 46b-128. Service on an emancipation petition filed in the superior court for juvenile matters pursuant to this section shall not be required on the petitioning party. Upon the filing of the petition in the Probate Court, the court shall assign a time, not later than thirty days thereafter, and a place for hearing such petition. The court shall cause a citation and notice to be served on the minor and the minor's parent, if the parent is not the petitioner, by personal service or service at the minor's place of abode and the parent's place of abode, at least seven days prior to the hearing date, by a state marshal, constable or indifferent person. The court shall direct notice by first class mail to the parent, if the parent is the petitioner or if the parent resides out of or is absent from the state. The court shall order such notice as it directs to: (A) The Commissioner of Children and Families, (B) the Attorney General, and (C) other persons having an interest in the minor. The Attorney General may file an appearance and shall be and remain a party to the action if the child is receiving or has received aid or care from the state, or if the child is receiving child support enforcement services, as defined in subdivision (2) of subsection (b) of section 46b-231.
(P.A. 79-397, S. 1; P.A. 98-219, S. 8; P.A. 00-99, S. 92, 154; P.A. 01-148, S. 3; 01-195, S. 40, 181; P.A. 06-149, S. 9; P.A. 07-184, S. 7; P.A. 18-45, S. 15.)
History: P.A. 98-219 added provisions allowing Probate Court to have concurrent jurisdiction with Superior Court re emancipation petitions; P.A. 00-99 replaced reference to sheriff and deputy sheriff with state marshal, effective December 1, 2000; P.A. 01-148 added provision re service on emancipation petition not required on petitioning party and made technical changes for purposes of gender neutrality; P.A. 01-195 made technical changes for purposes of gender neutrality, effective July 11, 2001; P.A. 06-149 inserted Subpara. designators (A) and (C), added Subpara. (B) re Attorney General, and provided that Attorney General may file appearance and shall be and remain a party if child is receiving or has received aid or care from the state or is receiving child support enforcement services, effective January 1, 2007; P.A. 07-184 substituted “first class mail” for “certified mail” and added “by personal service or service at the minor's place of abode and the parent's place of abode”; P.A. 18-45 added “or if the parent resides out of or is absent from the state” re notice by first class mail to parent and made a technical change.
Cited. 38 CS 503; 39 CS 35; 40 CS 349; 43 CS 175.
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.