Sec. 46b-137. (Formerly Sec. 51-318). Admissibility of confession or other statement in juvenile proceedings.
Sec. 46b-137. (Formerly Sec. 51-318). Admissibility of confession or other
statement in juvenile proceedings. (a) Any admission, confession or statement, written
or oral, made by a child to a police officer or Juvenile Court official shall be inadmissible
in any proceeding concerning the alleged delinquency of the child making such admission, confession or statement unless made by such child in the presence of his parent
or parents or guardian and after the parent or parents or guardian and child have been
advised (1) of the child's right to retain counsel, or if unable to afford counsel, to have
counsel appointed on the child's behalf, (2) of the child's right to refuse to make any
statements and (3) that any statements he makes may be introduced into evidence
against him.
(b) Any confession, admission or statement, written or oral, made by the parent or
parents or guardian of the child or youth after the filing of a petition alleging such
child or youth to be neglected, uncared-for or dependent, shall be inadmissible in any
proceeding held upon such petition against the person making such admission or statement unless such person shall have been advised of his right to retain counsel, and that
if he is unable to afford counsel, counsel will be appointed to represent him, that he has
a right to refuse to make any statement and that any statements he makes may be introduced in evidence against him.
(1967, P.A. 630, S. 10; 1969, P.A. 794, S. 13, 14; P.A. 75-183; 75-602, S. 7, 13; P.A. 76-436, S. 591, 681; P.A. 95-225, S. 20; P.A. 98-256, S. 11.)
History: 1969 act removed persons having control of child (other than parents or guardians) from purview of section
and specifically enumerated rights of parents or guardians where previously "rights as provided by section 17-66a" occurred
and added Subsec. (b) re admissibility of confessions, admissions, etc. in court proceeding; P.A. 75-183 applied Subsec.
(a) to admissions, confessions, etc. made by child, replacing provisions applicable to children, their parents or guardians;
P.A. 75-602 added references to youths in Subsec. (b); P.A. 76-436 deleted references to juvenile court, reflecting transfer
of that court's powers to superior court and made technical changes to correct grammar in Subsec. (b); Sec. 17-66d
temporarily renumbered as Sec. 51-318 and ultimately transferred to Sec. 46b-137 in 1979, see note to Sec. 17-66d; P.A.
95-225 amended Subsec. (a) to limit applicability of provisions to any admission, confession or statement made "to a
police officer or juvenile court official" and replace "inadmissible in any proceeding for delinquency against the child"
with "inadmissible in any proceeding concerning the alleged delinquency of the child"; P.A. 98-256 made a technical
change in Subsec. (a).
Annotations to former section 17-66d:
Cited. 158 C. 439. Cited. 211 C. 289.
Annotations to present section:
Cited. 211 C. 289. Legislature sought to extend constitutional safeguards to children in delinquency proceedings, but
not to parents in neglect and uncared-for proceedings. 268 C. 614.
Cited. 46 CA 545.
Subsec. (a):
Cited. 215 C. 739. Does not apply in a case in which state seeks to use confession in proceeding in criminal, rather than
juvenile, court. 263 C. 1.
"Fruit of the poisonous tree" doctrine as applied to statements obtained in violation of statute discussed. 22 CA 53.
"Where accused and parent or guardian are informed through a single reading, separate Miranda readings would be unnecessary and redundant." 32 CA 431. In determining when an advisement of rights must be repeated, the court should consider
not whether previous advisement of rights had expired, but whether purpose of the statute, to help child and parent or
guardian decide whether to make voluntary admission or to remain silent, was achieved. 109 CA 206.
Subsec. (b):
Applies to termination of parental rights proceedings when petition alleges that child has been neglected or uncared-for. It is appropriate to read statute broadly, given that termination proceedings are at least as deserving to receive additional
evidentiary safeguards as are neglect, uncared-for or dependency proceedings. 268 C. 614.
Cited. 10 CA 428.