Sec. 46b-149. Child from family with service needs. Complaint. Review by probation officer. Referral for services. Filing of petition or motion. Procedure. Hearing. Order. Modification of conditions.
Sec. 46b-149. Child from family with service needs. Complaint. Review by
probation officer. Referral for services. Filing of petition or motion. Procedure.
Hearing. Order. Modification of conditions. Permanency plan and hearing. (a) Any
selectman, town manager, police officer or welfare department of any town, city or
borough, any probation officer or superintendent of schools, the Commissioner of Children and Families, any child-caring institution or agency approved or licensed by the
Commissioner of Children and Families, any youth service bureau, a parent or foster
parent of a child, or a child or the child's representative or attorney, who believes that
the acts or omissions of a child are such that the child is from a family with service
needs, may file a written complaint setting forth those facts with the Superior Court
which has venue over the matter.
(b) The court shall refer a complaint filed under subsection (a) of this section to a
probation officer, who shall promptly determine whether it appears that the alleged facts,
if true, would be sufficient to meet the definition of a family with service needs, provided
a complaint alleging that a child is a truant or habitual truant shall not be determined to
be insufficient to meet the definition of a family with service needs solely because it was
filed during the months of April, May or June. If such probation officer so determines, the
probation officer shall, after an initial assessment, promptly refer the child and the child's
family to a suitable community-based program or other service provider, or to a family
support center as provided in section 46b-149e, for voluntary services. If the child and
the child's family are referred to a community-based program or other service provider
and the person in charge of such program or provider determines that the child and the
child's family can no longer benefit from its services, such person shall inform the
probation officer, who shall, after an appropriate assessment, either refer the child and
the child's family to a family support center for additional services or determine whether
or not to file a petition with the court under subsection (c) of this section. If the child
and the child's family are referred to a family support center and the person in charge
of the family support center determines that the child and the child's family can no
longer benefit from its services, such person shall inform the probation officer, who
may file a petition with the court in the manner prescribed in subsection (c) of this
section. The probation officer shall inform the complainant in writing of the probation
officer's action under this subsection. If it appears that the allegations are not true, or
that the child's family does not meet the definition of a family with service needs, the
probation officer shall inform the complainant in writing of such finding.
(c) 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.
(d) When a petition is filed under subsection (c) 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. If a petition
is filed under subsection (c) of this section alleging that a child is from a family with
service needs because a child is a truant or habitual truant, the court may not dismiss
such petition solely because it was filed during the months of April, May or June.
(e) When a petition is filed under subsection (c) of this section alleging that a child
is from a family with service needs because such child has been habitually truant, the
court shall order that the local or regional board of education for the town in which the
child resides, or the private school in the case of a child enrolled in a private school,
shall cause an educational evaluation of such child to be performed if no such evaluation
has been performed within the preceding year. Any costs incurred for the performance
of such evaluation shall be borne by such local or regional board of education or such
private school.
(f) 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.
(g) If a petition is filed under subsection (c) 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.
(h) 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 or, if the child is from a family with
service needs solely as a result of a finding that the child is a truant or habitual truant,
to the authorities of the local or regional school district or private school for services
provided by such school district or such school, which services may include summer
school, or to community agencies providing child and family services; (2) order the
child to remain in the child's own home or in the custody of a relative or any other
suitable person (A) subject to the supervision of a probation officer, or (B) in the case
of a child who is from a family with service needs solely as a result of a finding that the
child is a truant or habitual truant, subject to the supervision of a probation officer and
the authorities of the local or regional school district or private school; (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.
(i) 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.
(j) (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 (h) of this section
or section 46b-149f, the court shall hold a permanency hearing in accordance with subsection (k) 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.
(k) At least sixty days prior to each permanency hearing required under subsection
(j) 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.
(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.)
History: P.A. 80-401 changed applicable date in Subsec. (e) from August 1, 1980, to July 1, 1981, and added exception
re detention of nondelinquent juvenile runaways from other states and deleted court's power to order child to do work in
public buildings and on public properties in Subsec. (g), effective July 1, 1981; P.A. 85-226 amended Subsec. (g) by adding
provision re adequate and fair warning to child of consequences of violation of order; P.A. 88-214 amended Subsec. (e)
by providing that no delinquent juvenile runaway from another state may be held in a state-operated detention home, where
previously such detention was permissible; P.A. 89-273 inserted a new Subsec. (e) re the performance of an educational
evaluation of a habitually truant child and redesignated the remaining Subsecs. accordingly; P.A. 90-240 in Subsec. (b)
provided that certain complaints not be insufficient because of the month in which they are filed, in Subsec. (d) provided
that certain petitions not be dismissed because of the month in which they are filed, in Subsec. (c) required the court to
order private schools to do and pay for educational evaluations for certain children and in Subsec. (h) provided for the
referral of certain children to school authorities in Subdiv. (1) and in Subdiv. (2) provided for certain children to be subject
to the supervision of a probation officer and school authorities; P.A. 90-325 changed effective date of P.A. 90-240 from
July 1, 1990, to July 1, 1991; P.A. 91-303 in Subsec. (h)(1) added referral to community agencies providing child and
family services; P.A. 92-167 amended Subsec. (h) by substituting "eighteen months" for "two years"; P.A. 93-91 substituted
commissioner and department of children and families for commissioner and department of children and youth services,
effective July 1, 1993; P.A. 93-340 added Subsec. (h)(4) re judicial dispositions authorized when the child has engaged
in sexual intercourse with another person within a certain age range; P.A. 93-435 amended Subsec. (i)(1) by reducing the
time for an additional commitment period from 24 to 18 months and made technical changes, effective June 28, 1993;
May 25 Sp. Sess. P.A. 94-1 amended Subsec. (h) by making technical change, effective July 1, 1994; P.A. 95-339 amended
Subsec. (a) to substitute agencies sanctioned by Commissioner of Education for agencies sanctioned by Commissioner of
Children and Families, effective July 1, 1995; P.A. 96-178 amended Subsec. (a) to add "approved or licensed by the
Commissioner of Children and Families" after "child-caring institution or agency" and deleted "approved or licensed by
the Commissioner of Education" after "youth service bureau", effective July 1, 1996; P.A. 98-183 amended Subsec. (d)
by adding provision re punishment for contempt of any parent, guardian or other person who fails to appear in court,
amended Subsec. (f) to delete obsolete provisions re state-operated detention homes and amended Subsec. (h) to add
references to conduct of parent or guardian; P.A. 03-255 amended Subsec. (f) to replace reference to "sections 46b-151
to 46b-151g, inclusive, Interstate Compact on Juveniles" with reference to "section 46b-151h, the Interstate Compact for
Juveniles", effective July 1, 2004, or upon enactment of the Interstate Compact for Juveniles by thirty-five jurisdictions,
whichever is later; Illinois became the thirty-fifth enacting jurisdiction on August 26, 2008; June Sp. Sess. P.A. 07-4
amended Subsec. (b) by replacing former provisions re referral with consent to service provider with provisions re assessment and referral to service provider or family support center for voluntary services and deleting former provisions re right
of complainant to file a petition, amended Subsec. (g) by adding reference to petition filed under Subsec. (c) and replacing
provision re continuance for period not to exceed 3 months with provision re continuance for reasonable period of time
not to exceed 6 months and permitting extension thereof by an additional 3 months for cause, amended Subsec. (h) by
adding provisions re commitment of child upon finding that there is no less restrictive alternative and re child's right to
representation by counsel and an evidentiary hearing, amended Subsec. (i)(1) by adding provision re extension of commitment upon finding that there is no suitable less restrictive alternative and made technical changes throughout section; P.A.
08-86 amended references to child from a family with service needs, inserted new Subsec. (i) re court power to modify or
enlarge conditions any time during supervision, redesignated existing Subsec. (i) as Subsec. (j) and amended same to
substitute "motion" for "petition" and add Subdiv. (3) re permanency hearings, added Subsec. (k) re permanency hearing
and filing and review of permanency plan, and made technical changes.
Cited. 36 CA 146.
Cited. 39 CS 35.