2005 Connecticut Code - Sec. 46b-149. (See end of section for amended version of subsection (f) and effective date.) Family with service needs. Complaint. Review by probation officer. Filing of petition. Hearing. Order.

      Sec. 46b-149. *(See end of section for amended version of subsection (f) and effective date.) Family with service needs. Complaint. Review by probation officer. Filing of petition. Hearing. Order. (a) Any selectman, town manager, police officer or welfare department of any town, city or borough, probation officer, 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 his representative or attorney, who believes that the acts or omissions of a child are such that his family is a family with service needs, may file a written complaint setting forth those facts with the superior court which has venue over that 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, he shall promptly either (1) refer the matter, with the consent of the child and his parents or guardian, to a suitable community-based or other service provider, or (2) file a petition with the court in the manner prescribed in subsection (c) of this section. In either case, the probation officer shall inform the complainant in writing of his action. 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. In any case in which the probation officer does not file a petition, he shall also inform the complainant of the right of such person to file a petition pursuant to subsection (c) of this section. Any person who has filed a complaint pursuant to subsection (a) of this section, and who has been notified by a probation officer that such officer does not intend to file a petition for a family with service needs may, within thirty days after mailing of such notice, file a petition under subsection (c) of this section.

      (c) A petition alleging that a family constitutes 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 his parent or parents, guardian or other person having control of him, 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 his parents, guardian or other person having control of him 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 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 family is 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 family constitutes a family with service needs because it includes a child who 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 sections 46b-151 to 46b-151g, inclusive, Interstate Compact on 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 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 period not to exceed three months. 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 the family of a child is 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 said department or, if the family is a family with service needs solely as a result of a finding that a 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) commit that child to the care and custody of the Commissioner of Children and Families for an indefinite period not to exceed eighteen months; (3) order the child to remain in his 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 family which is a family with service needs solely as a result of a finding that a 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; or (4) if the family is 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. 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 attorney and to his legal guardian in writing and shall be reflected in the court record and proceedings.

      (i) (1) The Commissioner of Children and Families may petition the court 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 his parent or guardian at least fourteen days prior to the hearing upon that petition. The court may, after hearing and upon finding that such extension is in the best interest of the child, 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 petition the court 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 petition the court which committed the child to revoke such commitment. The court shall notify the child, his parent or guardian and the commissioner of any petition filed under this subsection, and of the time when a hearing on such petition 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 nor costs taxed on such appeal.

      (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.)

      *Note: On and after July 1, 2004, or upon the enactment of the Interstate Compact for Juveniles by thirty-five jurisdictions, whichever is later, subsection (f) of this section, as amended by section 4 of public act 03-255, is to read as follows:

      "(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."

      (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.)

      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 amended Subsec. (h) to add Subdiv. (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 Subdiv. (1) of Subsec. (i) by reducing the time for an additional commitment period from twenty-four to eighteen 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.

      Cited. 36 CA 146, 149.

      Cited. 39 CS 35, 36.

      Subsec. (h):

      Subdiv. (2) cited. 36 CA 146, 147. Cited. Id., 146, 147, 149.

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