Conn. Gen. Stat. § 46b-570 — Connecticut Code / Title 46b / Chapter 818 / Section 46b-570
Sec. 46b-570. (Formerly Sec. 46b-172). Agreement to support; judgment. Proceeding to obtain order of support.
Status: in_force

(2) Past-due support in such cases shall be limited to the three years next preceding the date of the filing of such agreements to support.

(3) Payments under such agreement shall be made to the petitioner, except that in IV-D support cases, as defined in subsection (b) of section 46b-231 , payments shall be made to the Office of Child Support Services or its designated agency and distributed as required by Title IV-D of the Social Security Act. In IV-D support cases, the IV-D agency or a support enforcement agency under cooperative agreement with the IV-D agency may, upon notice to the obligor and obligee, redirect payments for the support of any child receiving child support enforcement services either to the state of Connecticut or to the present custodial party, as their interests may appear, provided neither the obligor nor the obligee objects in writing within ten business days from the mailing date of such notice. Any such notice shall be sent by first class mail to the most recent address of such obligor and obligee, as recorded in the state case registry pursuant to section 46b-218 , and a copy of such notice shall be filed with the court or family support magistrate if both the obligor and obligee fail to object to the redirected payments within ten business days from the mailing date of such notice.

(4) Such written agreements to support shall be sworn to, and shall be binding on the person executing the same whether he is an adult or a minor.

(b) (1) At any time after the signing of any acknowledgment of parentage, upon the application of any interested party, the court or any judge thereof or any family support magistrate in IV-D support cases and in matters brought under sections 46b-301 to 46b-425 , inclusive, shall cause a summons, signed by such judge or family support magistrate, by the clerk of the court or by a commissioner of the Superior Court, to be issued, requiring the acknowledged parent to appear in court at a time and place as determined by the clerk but not more than ninety days after the issuance of the summons, to show cause why the court or the family support magistrate assigned to the judicial district in IV-D support cases should not enter judgment for support of the child by payment of a periodic sum until the child attains the age of eighteen years or as otherwise provided in this subsection, together with provision for reimbursement for past-due support based upon ability to pay in accordance with the provisions of section 17a-90 or 17b-81 , subsection (b) of section 17b-179 or section 17b-223 , 46b-129 or 46b-130 , a provision for health coverage of the child as required by section 46b-215 , and reasonable expense of the action under this subsection. If such child is unmarried and a full-time high school student such support shall continue according to the parents' respective abilities to pay, if such child is in need of support, until such child completes the twelfth grade or attains the age of nineteen, whichever occurs first.

(2) Past-due support in such cases shall be limited to the three years next preceding the filing of a petition pursuant to this section. Such court or family support magistrate, in IV-D support cases, may also order the acknowledged parent who is subject to a plan for reimbursement of past-due support and is not incapacitated to participate in work activities which may include, but shall not be limited to, job search, training, work experience and participation in the job training and retraining program established by the Labor Commissioner pursuant to section 31-3t .

(3) Proceedings to obtain such orders of support shall be commenced by the service of such summons on the acknowledged parent. A state marshal or proper officer shall make due return of process to the court not less than twenty-one days before the date assigned for hearing.

(4) The prior judgment as to paternity shall be res judicata as to that issue for all paternity acknowledgments filed with the court on or after March 1, 1981, but before July 1, 1997, and shall not be reconsidered by the court unless the person seeking review of the acknowledgment petitions the superior court for the judicial district having venue for a hearing on the issue of paternity within three years of such judgment. In addition to such review, if the acknowledgment of paternity was filed prior to March 1, 1981, the acknowledgment of paternity may be reviewed by denying the allegation of paternity in response to the initial petition for support, whenever it is filed.

(5) All payments under this subsection shall be made to the petitioner, except that in IV-D support cases, as defined in subsection (b) of section 46b-231 , payments shall be made to the state, acting by and through the IV-D agency and distributed as required by Title IV-D of the Social Security Act. In IV-D support cases, the IV-D agency or a support enforcement agency under cooperative agreement with the IV-D agency may, upon notice to the obligor and obligee, redirect payments for the support of any child receiving child support enforcement services either to the state of Connecticut or to the present custodial party, as their interests may appear, provided neither the obligor nor the obligee objects in writing within ten business days from the mailing date of such notice. Any such notice shall be sent by first class mail to the most recent address of such obligor and obligee, as recorded in the state case registry pursuant to section 46b-218 , and a copy of such notice shall be filed with the court or family support magistrate if both the obligor and obligee fail to object to the redirected payments within ten business days from the mailing date of such notice.

(c) In IV-D support cases, as defined in subdivision (13) of subsection (b) of section 46b-231 , a copy of any support order established pursuant to this section shall be provided to each party and the state case registry within fourteen days after issuance of such order or determination.

See Sec. 17b-743 re direction of support payments to Commissioner of Administrative Services or local welfare department.

Annotations to former section 52-442a:

Requirement that admission of paternity be sworn to in proceedings under statute does not affect actions under Sec. 17-324; historical context of section in state policy re illegitimate child reviewed. 156 C. 199. Cited. 165 C. 33.

Cited. 24 CS 77; 34 CS 281; 35 CS 628; 38 CS 91.

Annotations to former section 46b-172:

Cited. 180 C. 114; 188 C. 354; 204 C. 760; 236 C. 582.

Cited. 3 CA 235; Id., 322; 14 CA 487; 19 CA 76; 25 CA 155; 31 CA 114. Section does not require plaintiff to provide either the magistrate or the trial court with a copy of an in-state or an out-of-state acknowledgment of paternity in order for a support petition to proceed, nor does section require that an acknowledgment be filed in order to be valid. 175 CA 632. Subsec. (a): 78 CA 848 did not create an independent ground for opening a judgment of paternity on the basis of the best interests of the child in lieu of any applicable statutory requirements and, absent a finding of fraud, duress, or material mistake of fact, an acknowledgment of paternity may not be challenged in court. 182 CA 22.

Cited. 37 CS 745. Provisions of section are unconstitutional which prevent putative father who has signed an acknowledgment of paternity from litigating that issue in a proceeding to determine child support obligations. Id., 891. Cited. 38 CS 534; 40 CS 6.
Conn. Gen. Stat. § 46b-3 — Connecticut Code / Title 46b / Chapter 815 / Section 46b-3
Sec. 46b-3. (Formerly Sec. 51-332). Family relations personnel and other persons employed for investigation or pretrial conference.
Status: in_force

(b) Family relations personnel are authorized to collect fees in accordance with the provisions of section 52-259 .

See Sec. 51-1d re transfer of duties of Family Division to Court Support Services Division.

There is no authority for domestic relations officers to resolve differences by rendering a decision concerning property distribution. 180 C. 528. Cited. 224 C. 776.

Cited. 2 CA 472; 25 CA 693. Nothing in section and Sec. 46b-6 authorizes court to order parties in a custody battle to undergo postjudgment psychiatric therapy or other counseling since those provisions apply to pending family matters and trial court improperly ordered a postjudgment psychological evaluation and postjudgment counseling. 61 CA 175.
Conn. Gen. Stat. § 46b-66 — Connecticut Code / Title 46b / Chapter 815j / Section 46b-66
Sec. 46b-66. (Formerly Sec. 46-49). Review of final agreement; incorporation into decree. Arbitration.
Status: in_force

(b) The inquiry required pursuant to subsections (a) and (e) of this section may take place on the record at a hearing, or if each party attests that no restraining order issued pursuant to section 46b-15 or protective order, issued pursuant to section 46b-38c , between the parties is in effect or pending before the court, the court may accept an affidavit from each party, made under oath, stating facts satisfying the requirements of the inquiry in question, in order to determine whether the agreement of the parties is fair and equitable under all the circumstances and to make any other findings required by this section.

(c) If the court finds the agreement fair and equitable, it shall become part of the court file, and if the agreement is in writing, it shall be incorporated by reference into the order or decree of the court. If the court finds the agreement is not fair and equitable, it shall make such orders as to finances and custody as the circumstances require. If the agreement is in writing and provides for the care, education, maintenance or support of a child beyond the age of eighteen, it may also be incorporated or otherwise made a part of any such order and shall be enforceable to the same extent as any other provision of such order or decree, notwithstanding the provisions of section 1-1d .

(d) Agreements providing for the care, education, maintenance or support of a child beyond the age of eighteen entered into on or after July 1, 2001, shall be modifiable to the same extent as any other provision of any order or decree in accordance with section 46b-86 .

(e) The provisions of chapter 909 shall be applicable to any agreement to arbitrate in an action for dissolution of marriage under this chapter, provided an arbitration pursuant to such agreement may proceed only after the court has made a thorough inquiry and is satisfied that (1) each party entered into such agreement voluntarily and without coercion, and (2) such agreement is fair and equitable under the circumstances. An arbitration award in such action shall not be enforceable until it has been confirmed, modified or vacated in accordance with the provisions of chapter 909 and incorporated into an order or decree of court in an action for dissolution of marriage between the parties. If the arbitration award concerns child support, the court may enter such order or decree if the court finds that the award complies with section 46b-215b . An arbitration award relating to a dissolution of marriage that is incorporated into an order or decree of the court shall be enforceable and modifiable to the same extent as an agreement of the parties that is incorporated into an order or decree of the court pursuant to subsection (c) of this section.

Annotation to former section 46-49:

Parties to divorce proceeding may submit to court an agreement concerning education of any of their children and such agreement may be incorporated by reference in order or decree of court. 33 CS 210.

Annotations to present section:

Cited. 177 C. 47. Failure of referee to conduct a searching inquiry into acceptability of a divorce settlement does not subject judgment to collateral attack as miscarriage of justice. Id., 173. Operates prospectively, cannot be applied retroactively. Id., 327. Cited. 183 C. 35; 184 C. 558; 185 C. 156; Id., 573; 186 C. 773. Because agreement was concealed from the trial court and was thus contrary to public policy, it was void and unenforceable; because, as a result of the agreement, both parties filed misleading and inaccurate financial affidavits, and because trial court should have ordered a new hearing on the financial and property division issues, a new trial was ordered on those issues. 187 C. 315. Cited. 188 C. 98; 190 C. 674; 194 C. 312; 195 C. 491; 196 C. 260; 200 C. 202; 201 C. 50; 214 C. 99; 217 C. 394; 220 C. 212; 228 C. 85; 231 C. 168; 235 C. 45; 237 C. 481. Trial court does not have authority to modify an agreement concerning child support that has been incorporated by reference into court decree dissolving a marriage in absence of a written agreement between parties permitting such modification. 262 C. 355. Trial court has jurisdiction over motions for postmajority child support modifications. 266 C. 649.

Cited. 1 CA 578. Fraudulent nondisclosure discussed. 2 CA 179; Id., 239. Cited. 3 CA 423; 6 CA 271; 11 CA 268; 13 CA 355; 19 CA 146; Id., 161; 24 CA 343; 25 CA 210; 28 CA 208; 29 CA 369; 34 CA 462; judgment reversed, see 232 C. 750; Id., 785; judgment reversed, see 235 C. 45; 35 CA 421; 43 CA 575. Trial court lacked jurisdiction to enforce parties' oral stipulation concerning payment of postmajority support because agreement was not reduced to writing as required by statute. 47 CA 354. Court lacks jurisdiction to modify postmajority support where no written agreement to modify. 48 CA 409. Section provides court with jurisdiction to incorporate a separation agreement into its order or decree if upon review it finds the agreement fair and equitable under the circumstances. 60 CA 337. Trial court did not abuse its discretion by incorporating an agreement requiring additional 5-year post-judgment payment of life insurance premiums. 83 CA 478. Settlement offer could not be binding agreement without court's independent evaluation of agreement for fairness and equity. 91 CA 579. Section requires an inquiry into the parties' financial circumstances and the actual needs of the parties without explicitly requiring a finding that a party has knowingly entered into the agreement. 177 CA 103; judgment affirmed, see 334 C. 341.

Cited. 35 CS 237; 44 CS 431. Written agreements for support of adult children may be incorporated by reference into dissolution decree or may be the subject of orders of court and are enforceable through contempt proceedings. 49 CS 238.

Subsec. (a):

Specifically grants court authority to incorporate by reference into its judgment of dissolution a fair and equitable separation agreement concerning several enumerated items, including disposition of property, thereby making it an order or decree of the court. 84 CA 415. Without separate evaluation by court to determine whether settlement agreement was fair and equitable, it could not become a settlement agreement as to the parties regarding their marital property, and court was free to distribute the property in a manner it determined was fair and equitable. 91 CA 579.

Subsec. (c):

An agreement to arbitrate contained in a prenuptial agreement is by definition an agreement to arbitrate issues that would only arise once the parties are involved in an action for dissolution; all agreements to arbitrate controversies between parties to a marriage are covered, regardless of when the parties entered into the agreement. 322 C. 828. Arbitration awards containing provisions on child support, visitation and custody do not act as a condition precedent excluding the scope of cases subject to appeal, but rather limit the enforceable scope of the agreement and award, and Subsec. does not permit a party to waive the statutory prohibition against the arbitration of issues related to child support. 337 C. 127.

Trial court erred in ordering parties to submit to arbitration to resolve dispute over unreimbursed medical expenses of minor children because parties had not executed a voluntary arbitration agreement; Subsec. expressly prohibits parties from arbitrating issues related to child support, which may preclude parties from submitting dispute concerning minor child's unreimbursed medical expenses to arbitration. 156 CA 628.

Subsec. (e):

Time limitation of Sec. 52-420(b) does not apply in situations where arbitration award in dissolution proceeding has been obtained by fraud and made part of dissolution judgment pursuant to Subsec. 228 CA 163.
Conn. Gen. Stat. § 46b-84 — Connecticut Code / Title 46b / Chapter 815j / Section 46b-84
Sec. 46b-84. (Formerly Sec. 46-57). Parents' obligation for maintenance of minor child. Order for health insurance coverage.
Status: in_force

(b) If there is an unmarried child of the marriage who has attained the age of eighteen and is a full-time high school student, the parents shall maintain the child according to their respective abilities if the child is in need of maintenance until such child completes the twelfth grade or attains the age of nineteen, whichever occurs first. The provisions of this subsection shall apply only in cases where the decree of dissolution of marriage, legal separation or annulment is entered on or after July 1, 1994.

(c) (1) The court may make appropriate orders of support of any child with intellectual disability, as defined in section 1-1g , or a mental disability, as defined in section 46a-51 , or who is physically disabled, as defined in section 46a-51 , who resides with a parent and is principally dependent upon such parent for maintenance until such child attains the age of twenty-one. The provisions of this subdivision shall apply only in cases where the decree of dissolution of marriage, legal separation or annulment is entered on or after October 1, 1997, and before October 1, 2023, or where the initial support orders in actions not claiming any such decree are entered on or after October 1, 1997, and before October 1, 2023. (2) The court may make appropriate orders of support of any child with intellectual disability, as defined in section 1-1g , or a mental disability, as defined in section 46a-51 , or who is physically disabled, as defined in section 46a-51 , who resides with a parent and is principally dependent upon such parent for maintenance until such child attains the age of twenty-six. The provisions of this subdivision shall apply only in cases where the decree of dissolution of marriage, legal separation or annulment is entered on or after October 1, 2023, or where the initial support orders in actions not claiming any such decree are entered on or after October 1, 2023. (3) The child support guidelines established pursuant to section 46b-215a shall not apply to any order entered under this subsection.

(d) In determining whether a child is in need of maintenance and, if in need, the respective abilities of the parents to provide such maintenance and the amount thereof, the court shall consider the age, health, station, occupation, earning capacity, amount and sources of income, estate, vocational skills and employability of each of the parents, and the age, health, station, occupation, educational status and expectation, amount and sources of income, vocational skills, employability, estate and needs of the child.

(e) At any time at which orders are entered in a proceeding for dissolution of marriage, annulment, legal separation, custody, or support, whether before, at the time of, or after entry of a decree or judgment, if health insurance coverage for a child is ordered by the court to be maintained, the court shall provide in the order that (1) the signature of the custodial parent or custodian of the insured dependent shall constitute a valid authorization to the insurer for purposes of processing an insurance reimbursement payment to the provider of the medical services, to the custodial parent or to the custodian, (2) neither parent shall prevent or interfere with the timely processing of any insurance reimbursement claim and (3) if the parent receiving an insurance reimbursement payment is not the parent or custodian who is paying the bill for the services of the medical provider, the parent receiving such insurance reimbursement payment shall promptly pay to the parent or custodian paying such bill any insurance reimbursement for such services. For purposes of subdivision (1), the custodial parent or custodian is responsible for providing the insurer with a certified copy of the order of dissolution or other order requiring maintenance of insurance for a child provided if such custodial parent or custodian fails to provide the insurer with a copy of such order, the Commissioner of Social Services may provide the insurer with a copy of such order. Such insurer may thereafter rely on such order and is not responsible for inquiring as to the legal sufficiency of the order. The custodial parent or custodian shall be responsible for providing the insurer with a certified copy of any order which materially alters the provision of the original order with respect to the maintenance of insurance for a child. If presented with an insurance reimbursement claim signed by the custodial parent or custodian, such insurer shall reimburse the provider of the medical services, if payment is to be made to such provider under the policy, or shall otherwise reimburse the custodial parent or custodian.

(f) (1) After the granting of a decree annulling or dissolving the marriage or ordering a legal separation, and upon complaint or motion with order and summons made to the Superior Court by either parent or by the Commissioner of Administrative Services in any case arising under subsection (a) or (b) of this section, the court shall inquire into the child's need of maintenance and the respective abilities of the parents to supply maintenance. The court shall make and enforce the decree for the maintenance of the child as it considers just, and may direct security to be given therefor, including an order to either party to contract with a third party for periodic payments or payments contingent on a life to the other party. The court may order that a party obtain life insurance as such security unless such party proves, by a preponderance of the evidence, that such insurance is not available to such party, such party is unable to pay the cost of such insurance or such party is uninsurable.

(2) The court shall include in each support order a provision for the health care coverage of the child who is subject to the provisions of subsection (a) or (b) of this section. Such provision may include an order for either parent or both parents to provide such coverage under any or all of subparagraphs (A), (B) or (C) of this subdivision.

(A) The provision for health care coverage may include an order for either parent to name any child as a beneficiary of any medical or dental insurance or benefit plan carried by such parent or available to such parent at a reasonable cost, as described in subparagraph (D) of this subdivision. If such order in a IV-D support case requires the parent to maintain insurance available through an employer, the order shall be enforced using a National Medical Support Notice as provided in section 46b-88 .

(B) The provision for health care coverage may include an order for either parent to: (i) Apply for and maintain coverage on behalf of the child under HUSKY B; or (ii) provide cash medical support, as described in subparagraphs (E) and (F) of this subdivision. An order under this subparagraph shall be made only if the cost to the parent obligated to maintain the coverage under HUSKY B or provide cash medical support is reasonable, as described in subparagraph (D) of this subdivision. An order under clause (i) of this subparagraph shall be made only if insurance coverage as described in subparagraph (A) of this subdivision is unavailable at reasonable cost to either parent, or inaccessible to the child.

(C) An order for payment of the child's medical and dental expenses, other than those described in clause (ii) of subparagraph (E) of this subdivision, that are not covered by insurance or reimbursed in any other manner shall be entered in accordance with the child support guidelines established pursuant to section 46b-215a .

(D) Health care coverage shall be deemed reasonable in cost if: (i) The parent obligated to maintain such coverage would qualify as a low-income obligor under the child support guidelines established pursuant to section 46b-215a , based solely on such parent's income, and the cost does not exceed five per cent of such parent's net income; or (ii) the parent obligated to maintain such coverage would not qualify as a low-income obligor under such guidelines and the cost does not exceed seven and one-half per cent of such parent's net income. In either case, net income shall be determined in accordance with the child support guidelines established pursuant to section 46b-215a . If a parent obligated to maintain insurance must obtain coverage for himself or herself to comply with the order to provide coverage for the child, reasonable cost shall be determined based on the combined cost of coverage for such parent and such child.

(E) Cash medical support means: (i) An amount ordered to be paid toward the cost of premiums for health insurance coverage provided by a public entity, including HUSKY A or B, except as provided in subparagraph (F) of this subdivision, or by another parent through employment or otherwise, or (ii) an amount ordered to be paid, either directly to a medical provider or to the person obligated to pay such provider, toward any ongoing extraordinary medical and dental expenses of the child that are not covered by insurance or reimbursed in any other manner, provided such expenses are documented and identified (I) specifically on the record, or (II) in an affidavit, made under oath, that states no restraining order issued pursuant to section 46b-15 or protective order issued pursuant to section 46b-38c , between the parties is in effect or pending before the court. Cash medical support, as described in clauses (i) and (ii) of this subparagraph may be ordered in lieu of an order under subparagraph (A) of this subdivision to be effective until such time as health insurance that is accessible to the child and reasonable in cost becomes available, or in addition to an order under subparagraph (A) of this subdivision, provided the combined cost of insurance and cash medical support is reasonable, as defined in subparagraph (D) of this subdivision. An order for cash medical support shall be payable to the state or the custodial party, as their interests may appear, provided an order under clause (i) of this subparagraph shall be effective only as long as health insurance coverage is maintained. Any unreimbursed medical and dental expenses not covered by an order issued pursuant to clause (ii) of this subparagraph are subject to an order for unreimbursed medical and dental expenses pursuant to subparagraph (C) of this subdivision.

(F) Cash medical support to offset the cost of any insurance payable under HUSKY A or B, shall not be ordered against a noncustodial parent who is a low-income obligor, as defined in the child support guidelines established pursuant to section 46b-215a , or against a custodial parent of children covered under HUSKY A or B.

(g) Whenever an obligor is before the court in proceedings to establish, modify or enforce a support order, and such order is not secured by an income withholding order, the court may require the obligor to execute a bond or post other security sufficient to perform such order for support, provided the court finds that such a bond is available for purchase within the financial means of the obligor. Upon failure of such obligor to comply with such support order, the court may order the bond or the security forfeited and the proceeds thereof distributed as required by Title IV-D of the Social Security Act. In any IV-D case in which the obligor is found by the court to owe past-due support, the court may issue an order for the periodic payment of such support or, if such obligor is not incapacitated, order such obligor to participate in work activities which may include, but shall not be limited to, job search, training, work experience and participation in the job training and retraining program established by the Labor Commissioner pursuant to section 31-3t .

(h) In IV-D support cases, as defined in subdivision (13) of subsection (b) of section 46b-231 , a copy of any support order established or modified pursuant to this section or, in the case of a motion for modification of an existing support order, a notice of determination that there should be no change in the amount of the support order, shall be provided to each party and the state case registry within fourteen days after issuance of such order or determination.

See Sec. 17b-743 re direction that payments under support order be made to Commissioner of Administrative Services or local welfare department.

See Sec. 17b-744 re discontinuance of support payments to Commissioner of Administrative Services.

See Sec. 46b-88 re National Medical Support Notice.

See Sec. 46b-215e re institutionalized or incarcerated child support obligor.

Annotations to former section 46-57:

Court's conclusion that wife's departure with children was unlawful without first procuring the permission of the court is incorrect. 165 C. 735. Cited. 168 C. 264; 170 C. 258; 171 C. 23; 176 C. 222.

Annotations to present section:

Cited. 177 C. 47. Defendant was under no statutory obligation to provide support because he was not the child's biological or adoptive father and had not been adjudged the father in a paternity proceeding or filed a formal acknowledgment of paternity. 180 C. 114. Court did not exceed its authority by setting aside certain personal property for the use of the minor children. Id., 528. Cited. 181 C. 145; Id., 463; 183 C. 230. Trial court abused its discretion in requiring the noncustodial parent to pay for private secondary schooling to which he, in good faith, objected, as being unnecessary and undesirable. Id., 253. Cited. Id., 512; 184 C. 406. Subject matter jurisdiction discussed. Id., 558. Cited. 187 C. 380; 188 C. 354. Support award may not be used to disguise alimony awards to custodial parent. 190 C. 345. Cited. 196 C. 260; 197 C. 1; 199 C. 287; 219 C. 703; 228 C. 85; 235 C. 82; 236 C. 250; Id., 582; 240 C. 35. Court need not make explicit reference to statutory criteria it considered in its decision resolving property and alimony disputes in dissolution of marriage action; judgment of Appellate Court in 40 CA 178 reversed. Id., 79.

Cited. 1 CA 686; 2 CA 270; Id., 348; 3 CA 322; 5 CA 85; Id., 249; 10 CA 466; 15 CA 292; 18 CA 336; 19 CA 146; 20 CA 609; 22 CA 392; 25 CA 555; Id., 595; 26 CA 174; Id., 737; 27 CA 364; 33 CA 633; 39 CA 162; 41 CA 716; Id., 861; 43 CA 541; Id., 575; 44 CA 605. Child support order that provided a single dollar amount for support of all children, and did not provide mechanism for dividing support between the children once elder child reached age of majority, demonstrates an intent by the parties that they clearly and unambiguously provided only for the support of minor children, and did not enter into an agreement for postmajority support. 107 CA 1.

Cited. 41 CS 429; 42 CS 562. Parent's obligation to support his or her children exists only until age of majority. 49 CS 238.

Subsec. (a):

Although facial inconsistencies exist between this section and Secs. 52-350a and 52-350f, P.A. 03-130 was intended to enable a party to address the default of a final order for child support or alimony through use of the postjudgment procedures in Ch. 906. 146 CA 79.

Subsec. (b):

Award of child support based on defendant's demonstrated earning capacity is appropriate especially where defendant has wilfully depleted his earnings. 180 C. 184. Cited. 186 C. 191; Id., 311; 206 C. 150; 207 C. 217; 218 C. 467.

Cited. 2 CA 270; 17 CA 670.

Section has a legitimate governmental purpose and any classification created by section is rationally related to such purpose and, therefore, does not violate equal protection clause of U.S. Constitution. 46 CS 553.

Subsec. (d):

“Amount and sources of income” has been consistently construed as limited to parties' available net income rather than gross income; since trial court improperly relied on gross income in determining defendant's support obligation, all other financial orders appurtenant to the modification proceeding must fail because the child support order is entirely interwoven with such other financial orders, and trial court, on remand, must reconsider all financial orders associated with the modification. 262 C. 299. Child support order was improper where the court based award on defendant's superior earning capacity, the needs of plaintiff and the disparity in parental income and where the court failed to consider the needs of the children; when parties' combined net weekly income exceeds the upper limit of the guidelines' schedule, the court shall apply the principles that underlie the child support guidelines. 296 C. 80. Child support orders must be made in accordance with the principles established in statute and the child support guidelines, and any deviation must be accompanied by the court's explanation as to why the guidelines are inequitable or inappropriate and why deviation is necessary to meet needs of child; court improperly awarded 20 per cent of defendant's annual cash bonus as additional child support. 297 C. 358.

Cited. 31 CA 214. In considering “amount and sources of income”, court cannot ignore fact that defendant receives a substantial year-end bonus simply because it is not received until the following year; provision does not require court to structure payment of alimony and child support to accommodate payor's compensation schedule. 71 CA 614. Trial court's determination of child support award reversed where trial court improperly imputed to obligor an amount of investment income unsupported by the evidence and not legally warranted; for court to impute additional investment income capacity to a party in formulating its support orders, court must find that party has unreasonably depressed investment income in order to evade a support obligation or that party's investment strategy is economically unreasonable. 87 CA 699. Defendant's annual bonus constituted an “amount and source of income” that court should have considered when determining division of marital property and awarding alimony and child support, and matter should be remanded for recalculation of all awards even though child support award was calculated correctly. 98 CA 706.
Conn. Gen. Stat. § 46a-64b — Connecticut Code / Title 46a / Chapter 814c / Section 46a-64b
Sec. 46a-64b. Discriminatory housing practices: Definitions.
Status: in_force

(1) “Discriminatory housing practice” means any discriminatory practice specified in section 46a-64c or section 46a-81e .

(2) “Dwelling” means any building, structure, mobile manufactured home park or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, mobile manufactured home park or portion thereof.

(3) “Fair Housing Act” means Title VIII of the Civil Rights Act of 1968, as amended, and known as the federal Fair Housing Act (42 USC 3600-3620).

(4) “Family” includes a single individual.

(5) “Familial status” means one or more individuals who have not attained the age of eighteen years being domiciled with a parent or another person having legal custody of such individual or individuals; or the designee of such parent or other person having such custody with the written permission of such parent or other person; or any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen years.

(6) “Housing for older persons” means housing: (A) Provided under any state or federal program that the Secretary of the United States Department of Housing and Urban Development determines is specifically designed and operated to assist elderly persons as defined in the state or federal program; or (B) intended for, and solely occupied by, persons sixty-two years of age or older; or (C) intended and operated for occupancy by at least one person fifty-five years of age or older per unit in accordance with the standards set forth in the Fair Housing Act and regulations developed pursuant thereto by the Secretary of the United States Department of Housing and Urban Development.

(7) “Mobile manufactured home park” means a plot of land upon which two or more mobile manufactured homes occupied for residential purposes are located.

(8) “Physical or mental disability” includes, but is not limited to, intellectual disability, as defined in section 1-1g , and physical disability, as defined in subdivision (15) of section 46a-51 , and also includes, but is not limited to, persons who have a handicap as that term is defined in the Fair Housing Act.

(9) “Residential-real-estate-related transaction” means (A) the making or purchasing of loans or providing other financial assistance for purchasing, constructing, improving, repairing or maintaining a dwelling, or secured by residential real estate; or (B) the selling, brokering or appraising of residential real property.

(10) “To rent” includes to lease, to sublease, to let and to otherwise grant for a consideration the right to occupy premises not owned by the occupant.

Although state fair housing act, Sec. 46a-64b et seq., applies to servicing and enforcement of a mortgage, the statutory provision that governs discrimination in context of enforcement of mortgage loan agreements does not require that lender provide accommodations for borrower's disability by varying terms or conditions of an otherwise generally applicable mortgage policy. 265 C. 539.

Cited. 45 CA 1.
Conn. Gen. Stat. § 46b-15f — Connecticut Code / Title 46b / Chapter 815a / Section 46b-15f
Sec. 46b-15f. Grant program to provide legal assistance to indigents applying for restraining orders.
Status: in_force

(b) Not later than three months after receiving funding in any year from the state, the organization administering the program shall issue a request for proposals from nonprofit entities whose principal purpose is providing legal services at no cost to individuals who are indigent, for the purpose of awarding grants to provide counsel to indigent individuals who express an interest in applying for a restraining order pursuant to section 46b-15 , and, to the extent practicable within the funding awarded, representing such individuals throughout the process of applying for such restraining order, including at prehearing conferences and at the hearing on an application. A nonprofit entity responding to the request for proposals may partner with law schools or other non-profit entities or publicly funded organizations that are not governmental entities, for the provision of services pursuant to a grant. Each response to the request for proposals shall specify the judicial district courthouse, or courthouses, for which services will be provided.

(c) The organization administering the program may only award a grant (1) to provide services in the judicial districts of Bridgeport, Hartford, New Haven, Stamford-Norwalk or Waterbury, and (2) in an amount not to exceed two hundred thousand dollars, except that a grant to provide services in the judicial district with the highest average number of applications for restraining orders under section 46b-15 over the previous three fiscal years may receive a grant of not more than four hundred thousand dollars. Grants may not be used to provide services to individuals who are not indigent.

(d) The organization administering the program may only award a grant to a nonprofit entity whose principal purpose is providing legal services to individuals who are indigent, if such nonprofit entity demonstrates the ability to:

(1) Verify at the time of meeting with an individual that such potential client is indigent and meets applicable household income eligibility requirements set by the entity;

(2) Arrange for at least one individual who has the relevant training or experience and is authorized to provide legal counsel to eligible indigent individuals who express an interest in applying for a restraining order, to be present in the courthouse or courthouses identified in response to the request for proposals or be available to meet remotely during all business hours;

(3) To the greatest extent practicable within the funding awarded, provide continued representation to eligible indigent individuals throughout the restraining order process, including in court for the hearing on the restraining order, when such individuals request such continued representation after receiving assistance with a restraining order application;

(4) Provide any individual in the courthouse who expresses an interest in applying for a restraining order with all applicable forms that may be necessary to apply for a restraining order; and

(5) Track and report to the organization administering the program on the services provided pursuant to the program, including (A) the procedural outcomes of restraining order applications filed, (B) the number of instances where legal counsel was provided prior to the filing of an application but not during the remainder of the restraining order process, and the reasons limiting the duration of such representation, and (C) information on any other legal representation provided to individuals pursuant to the program on matters that were ancillary to the circumstances that supported the application for a restraining order.

(e) In awarding grants, the organization administering the program shall give preference to nonprofit entities (1) that demonstrate the ability to provide legal representation to clients regarding matters ancillary to the circumstances that supported the application for a restraining order; (2) with experience offering legal representation to individuals during the restraining order process; or (3) that can provide quality remote services should courthouses be closed to the public.

(f) The Chief Court Administrator shall:

(1) Provide each grant recipient with office space, if available, in the judicial district courthouse or courthouses served by such recipient under the grant program to conduct intake interviews and assist clients with applications for restraining orders;

(2) Require court clerks at such courthouses, prior to accepting an application for a restraining order pursuant to section 46b-15 to (A) inform each individual filing such application, or inquiring about filing such an application, that pro bono legal services are available from the grant recipient for income-eligible individuals and, if office space has been provided to the grant recipient, where the grant recipient is located in the courthouse, and (B) if cards or pamphlets containing information about pro bono legal services have been provided to the courthouse by the grant recipient, provide such a card or pamphlet to the individual; and

(3) If a poster of reasonable size containing information about pro bono legal services has been provided to a courthouse served by a grant recipient, require the display of such poster in a manner that is visible to the public at or near the location where applications for a restraining order are filed in such courthouse.

(g) The Chief Court Administrator shall post on the Internet web site of the Judicial Branch where instructions for filing a restraining order pursuant to section 46b-15 are provided, information on the pro bono legal services available from grant recipients for income-eligible individuals at the applicable courthouses.

(h) For each year that funding is provided for the program under this section, the organization administering the program shall either conduct, or partner with an academic institution or other qualified entity for the purpose of conducting, an analysis of the impact of the program, including, but not limited to, (1) the procedural outcomes for applications filed in association with services provided by grant recipients under the program, (2) the types and extent of legal services provided to individuals served pursuant to the program, including on matters ancillary to the restraining order application, and (3) the number of cases where legal services were provided before an application was filed but legal representation did not continue during the restraining order process and the reasons for such limited representations. Not later than July first of the year following any year in which the program received funding, the organization administering the program shall submit a report on the results of such analysis in accordance with the provisions of section 11-4a , to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary. Not later than December 1, 2023, the organization administering the program shall submit a report in accordance with the provisions of section 11-4a , to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary on the potential state-wide expansion of the program. Such report shall include, but not be limited to: (A) Whether there are or could be a sufficient number of grant recipients to administer the program in each applicable courthouse in the state; (B) which, if any, courthouse in the state is not a feasible location for expansion of the program; and (C) the level of funding needed to fund a state-wide expansion of the program.

(i) Up to five per cent of the total amount received by the organization administering the grant program may be used for the reasonable costs of administering the program, including the completion of the analysis and report required by subsection (h) of this section.
Conn. Gen. Stat. § 46b-138a — Connecticut Code / Title 46b / Chapter 815t / Section 46b-138a
Sec. 46b-138a. Testimony of accused juvenile, parent or guardian in juvenile proceeding.
Status: in_force

Section explicitly provides that an accused child, as well as his parent or guardian, may refuse to testify in a delinquency proceeding, and that no adverse inference may be drawn against the accused child. 268 C. 614.
Conn. Gen. Stat. § 46b-67 — Connecticut Code / Title 46b / Chapter 815j / Section 46b-67
Sec. 46b-67. (Formerly Sec. 46-44). Time frame for court to proceed in action for dissolution of marriage or civil union, legal separation or annulment.
Status: in_force

(b) (1) If the defendant has not appeared, the plaintiff may file a motion for the entry of judgment upon default of appearance, no sooner than thirty days after the day on which the complaint for dissolution of marriage or civil union or for legal separation is made returnable. The plaintiff shall file such motion on a form prescribed by the Chief Court Administrator. Such motion shall include an affidavit in which the plaintiff shall attest, under oath (A) the manner in which service was made on the defendant, pursuant to section 46b-45 , and, if such service was abode service, (i) that the address at which service was made is the usual place of abode of the defendant, (ii) that the defendant was not known by the plaintiff to be residing, whether permanently or temporarily, at any other address at the time service was made, and (iii) the most recent date on which the plaintiff had personal knowledge that the defendant resided at the address at which service was made; (B) whether there were children born to or adopted by the parties prior to, or during, the marriage or civil union, and whether either party is pregnant; (C) whether there exists a restraining order, issued pursuant to section 46b-15 , or a protective order, issued pursuant to section 46b-38c , between the parties that is in effect; (D) whether the plaintiff is requesting alimony or spousal support; and (E) whether the parties have any jointly owned property or jointly held debt.

(2) Except as provided in subdivision (3) of this subsection, the motion by the plaintiff filed pursuant to subdivision (1) of this subsection shall be docketed for a hearing. At such hearing, the court, in its discretion, may enter a decree of dissolution of marriage or civil union or of legal separation at such hearing, provided all other applicable requirements of this chapter are met.

(3) If the court finds that (A) the plaintiff has properly effectuated service upon the defendant, either personally or by abode, and, if by abode, has attested (i) that the address at which the defendant was served is the usual place of abode of the defendant, (ii) that the defendant was not known by the plaintiff to be residing, whether permanently or temporarily, at any other address at the time service was made, and (iii) to the most recent date on which the plaintiff had personal knowledge that the defendant resided at the address at which service was made; (B) there were no children born to or adopted by the parties prior to, or during, the marriage or civil union, and that neither party is pregnant; (C) there does not exist a restraining order, issued pursuant to section 46b-15 , or a protective order, issued pursuant to section 46b-38c , between the parties that is in effect; (D) the plaintiff is not requesting alimony or spousal support; and (E) the parties do not have any jointly owned property or jointly held debt, and the plaintiff has filed with the clerk of the court a completed financial affidavit, the court may, in its discretion, grant the motion to waive the time periods set forth in subsection (a) of this section without a hearing. The court may further enter a decree of dissolution of marriage or civil union or of legal separation without a hearing, provided the court shall not enter any order other than a dissolution of marriage or civil union or a legal separation, and, if the plaintiff requests, an order restoring his or her birth name or former name, without a hearing. If the court determines that any of the conditions of this subdivision have not been met, the matter shall be docketed for a hearing pursuant to subdivision (2) of this subsection.

(c) A decree of annulment or dissolution shall give the parties the status of unmarried persons and they may marry again. A decree of legal separation shall have the effect of a decree dissolving the marriage except that neither party shall be free to marry. The six-month period referred to in section 46b-53 shall not apply in actions for annulment and the court may proceed on any cause of action for annulment in the manner generally applicable in civil actions.

Statute to be considered on question of alimony is Sec. 46b-82, not this section. 189 C. 685.
Conn. Gen. Stat. § 46b-121n — Connecticut Code / Title 46b / Chapter 815t / Section 46b-121n
Sec. 46b-121n. Juvenile Justice Policy and Oversight Committee. Reports.
Status: in_force

(b) The committee shall consist of the following members:

(1) Two members of the General Assembly, one of whom shall be appointed by the speaker of the House of Representatives, and one of whom shall be appointed by the president pro tempore of the Senate;

(2) The chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary, children, human services and appropriations, or their designees;

(3) The Chief Court Administrator, or the Chief Court Administrator's designee;

(4) A judge of the superior court for juvenile matters, appointed by the Chief Justice;

(5) The executive director of the Court Support Services Division of the Judicial Department, or the executive director's designee;

(6) The executive director of the Superior Court Operations Division, or the executive director's designee;

(7) The Chief Public Defender, or the Chief Public Defender's designee;

(8) The Chief State's Attorney, or the Chief State's Attorney's designee;

(9) The Commissioner of Children and Families, or the commissioner's designee;

(10) The Commissioner of Correction, or the commissioner's designee;

(11) The Commissioner of Education, or the commissioner's designee;

(12) The Commissioner of Mental Health and Addiction Services, or the commissioner's designee;

(13) The Labor Commissioner, or the commissioner's designee;

(14) The Commissioner of Social Services, or the commissioner's designee;

(15) The Commissioner of Public Health, or the commissioner's designee;

(16) The president of the Connecticut Police Chiefs Association, or the president's designee;

(17) The chief of police of a municipality with a population in excess of one hundred thousand, appointed by the president of the Connecticut Police Chiefs Association;

(18) Two child or youth advocates, one of whom shall be appointed by one chairperson of the Juvenile Justice Policy and Oversight Committee, and one of whom shall be appointed by the other chairperson of the Juvenile Justice Policy and Oversight Committee;

(19) Two parents or parent advocates, at least one of whom is the parent of a child who has been involved with the juvenile justice system, one of whom shall be appointed by the minority leader of the House of Representatives, and one of whom shall be appointed by the minority leader of the Senate;

(20) The Victim Advocate, or the Victim Advocate's designee;

(21) The Child Advocate, or the Child Advocate's designee;

(22) The Secretary of the Office of Policy and Management, or the secretary's designee;

(23) Two children, youths or young adults under twenty-six years of age with lived experience in the juvenile justice system, one of whom shall be appointed by the house chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary and one of whom shall be appointed by the house ranking member of such joint committee;

(24) One community member who may be a family member of a child who has been involved with the juvenile justice system or a credible messenger with lived experience in the juvenile justice system and who works with youth in the juvenile justice system, nominated by the community expertise subcommittee and appointed by the chairpersons of this committee;

(25) One member of the Mashantucket Pequot Tribe, appointed by the tribe; and

(26) One member of the Mohegan Tribe of Indians of Connecticut, appointed by the tribe.

(c) Any vacancy shall be filled by the appointing authority.

(d) The Secretary of the Office of Policy and Management, or the secretary's designee, and a member of the General Assembly selected jointly by the speaker of the House of Representatives and the president pro tempore of the Senate from among the members serving pursuant to subdivision (1) or (2) of subsection (b) of this section shall be cochairpersons of the committee. Such cochairpersons shall schedule the first meeting of the committee, which shall be held not later than sixty days after June 13, 2014.

(e) Members of the committee shall serve without compensation, except for necessary expenses incurred in the performance of their duties.

(f) Not later than January 1, 2015, the committee shall report, in accordance with section 11-4a , to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, the judiciary, human services and children, and the Secretary of the Office of Policy and Management, regarding the following:

(1) Any statutory changes concerning the juvenile justice system that the committee recommends to (A) improve public safety; (B) promote the best interests of children and youths who are under the supervision, care or custody of the Commissioner of Children and Families or the Court Support Services Division of the Judicial Department; (C) improve transparency and accountability with respect to state-funded services for children and youths in the juvenile justice system with an emphasis on goals identified by the committee for community-based programs and facility-based interventions; and (D) promote the efficient sharing of information between the Department of Children and Families and the Judicial Department to ensure the regular collection and reporting of recidivism data and promote public welfare and public safety outcomes related to the juvenile justice system;

(2) A definition of “recidivism” that the committee recommends to be used by state agencies with responsibilities with respect to the juvenile justice system, and recommendations to reduce recidivism for children and youths in the juvenile justice system;

(3) Short-term goals to be met within six months, medium-term goals to be met within twelve months and long-term goals to be met within eighteen months, for the Juvenile Justice Policy and Oversight Committee and state agencies with responsibilities with respect to the juvenile justice system to meet, after considering existing relevant reports related to the juvenile justice system and any related state strategic plan;

(4) The impact of legislation that expanded the jurisdiction of the juvenile court to include persons sixteen and seventeen years of age, as measured by the following:

(A) Any change in the average age of children and youths involved in the juvenile justice system;

(B) The types of services used by designated age groups and the outcomes of those services;

(C) The types of delinquent acts or criminal offenses that children and youths have been charged with since the enactment and implementation of such legislation; and

(D) The gaps in services identified by the committee with respect to children and youths involved in the juvenile justice system, including, but not limited to, children and youths who have attained the age of eighteen after being involved in the juvenile justice system, and recommendations to address such gaps in services; and

(5) Strengths and barriers identified by the committee that support or impede the educational needs of children and youths in the juvenile justice system, with specific recommendations for reforms.

(g) Not later than July 1, 2015, the committee shall report, in accordance with section 11-4a , to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, the judiciary, human services and children, and the Secretary of the Office of Policy and Management, regarding the following:

(1) The quality and accessibility of diversionary programs available to children and youths in this state, including juvenile review boards and services for a child or youth who is a member of a family with service needs;

(2) An assessment of the system of community-based services for children and youths who are under the supervision, care or custody of the Commissioner of Children and Families or the Court Support Services Division of the Judicial Department;

(3) An assessment of the congregate care settings that are operated privately or by the state and have housed children and youths involved in the juvenile justice system in the past twelve months;

(4) An examination of how the state Department of Education and local boards of education, the Department of Children and Families, the Department of Mental Health and Addiction Services, the Court Support Services Division of the Judicial Department, and other appropriate agencies can work collaboratively through school-based efforts and other processes to reduce the number of children and youths who enter the juvenile justice system;

(5) An examination of practices and procedures that result in disproportionate minority contact, as defined in section 4-68y , within the juvenile justice system;

(6) A plan to provide that all facilities and programs that are part of the juvenile justice system and are operated privately or by the state provide results-based accountability;

(7) An assessment of the number of children and youths who, after being under the supervision of the Department of Children and Families, are convicted as delinquent; and

(8) An assessment of the overlap between the juvenile justice system and the mental health care system for children.

(h) The committee shall complete its duties under this section after consultation with one or more organizations that focus on relevant issues regarding children and youths, such as the University of New Haven and any of the university's institutes. The committee may accept administrative support and technical and research assistance from any such organization. The committee shall work in collaboration with any results first initiative implemented pursuant to any public or special act.

(i) The committee shall establish a time frame for review and reporting regarding the responsibilities outlined in subdivision (5) of subsection (f) of this section, and subdivisions (1) to (7), inclusive, of subsection (g) of this section. Each report submitted by the committee shall include specific recommendations to improve outcomes and a timeline by which specific tasks or outcomes must be achieved.

(j) The committee shall implement a strategic plan that integrates the short-term, medium-term and long-term goals identified pursuant to subdivision (3) of subsection (f) of this section. As part of the implementation of such plan, the committee shall collaborate with any state agency with responsibilities with respect to the juvenile justice system, including, but not limited to, the Departments of Education, Mental Health and Addiction Services, Correction and Children and Families and the Labor Department and Judicial Department, and municipal police departments. Not later than January 1, 2016, the committee shall report such plan, in accordance with section 11-4a , to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, the judiciary, human services and children, and the Secretary of the Office of Policy and Management, regarding progress toward the full implementation of such plan and any recommendations concerning the implementation of such identified goals by any state agency with responsibilities with respect to the juvenile justice system or municipal police departments.

(k) Not later than January 1, 2017, the committee shall submit a report, in accordance with section 11-4a , to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, the judiciary, human services and children and the Secretary of the Office of Policy and Management, regarding a plan that includes cost options for the development of a community-based diversion system. Such plan shall include recommendations to address issues concerning mental health and juvenile justice. The plan shall include recommendations regarding the following:

(1) Diversion of children who commit crimes, excluding serious juvenile offenses, from the juvenile justice system;

(2) Identification of services that are evidence-based, trauma-informed and culturally and linguistically appropriate;

(3) Expansion of the capacity of juvenile review boards to accept referrals from municipal police departments and schools and implement restorative practices;

(4) Expansion of the provision of prevention, intervention and treatment services by youth service bureaus;

(5) Expansion of access to in-home and community-based services;

(6) Identification and expansion of services needed to support children who are truant or exhibiting behaviors defiant of school rules and enhance collaboration between school districts and community providers in order to best serve such children;

(7) Expansion of the use of memoranda of understanding pursuant to section 10-233m between local law enforcement agencies and local and regional boards of education;

(8) Expansion of the use of memoranda of understanding between local and regional boards of education and community providers for provision of community-based services;

(9) Recommendations to ensure that children in the juvenile justice system have access to a full range of community-based behavioral health services;

(10) Reinvestment of cost savings associated with reduced incarceration rates for children and increased accessibility to community-based behavioral health services;

(11) Reimbursement policies that incentivize providers to deliver evidence-based practices to children in the juvenile justice system;

(12) Recommendations to promote the use of common behavioral health screening tools in schools and communities;

(13) Recommendations to ensure that secure facilities operated by the Department of Children and Families or the Court Support Services Division of the Judicial Department and private service providers contracting with said department or division to screen children in such facilities for behavioral health issues; and

(14) Expansion of service capacities informed by an examination of grant funds and federal Medicaid reimbursement rates.

(l) The committee shall establish a data working group to develop a plan for a data integration process to link data related to children across executive branch agencies, through the Office of Policy and Management's integrated data system, and the Judicial Department through the Court Support Services Division, for purposes of evaluation and assessment of programs, services and outcomes in the juvenile justice system. Membership of the working group shall include, but not be limited to, the Commissioners of Children and Families, Correction, Education and Mental Health and Addiction Services, or their designees; the Chief State's Attorney, or the Chief State's Attorney's designee; the Chief Public Defender, or the Chief Public Defender's designee; the Secretary of the Office of Policy and Management, or the secretary's designee; and the Chief Court Administrator of the Judicial Branch, or the Chief Court Administrator's designee. Such working group shall include persons with expertise in data development and research design. The plan shall include cost options and provisions to:

(1) Access relevant data on juvenile justice populations;

(2) Coordinate the handling of data and research requests;

(3) Link the data maintained by executive branch agencies and the Judicial Department for the purposes of facilitating the sharing and analysis of data;

(4) Establish provisions for protecting confidential information and enforcing state and federal confidentiality protections and ensure compliance with related state and federal laws and regulations;

(5) Develop specific recommendations for the committee on the use of limited releases of client specific data sharing across systems, including with the Office of Policy and Management, the Division of Criminal Justice, the Departments of Children and Families, Education and Mental Health and Addiction Services, the Judicial Department and other agencies; and

(6) Develop a standard template for memoranda of understanding for data-sharing between executive branch agencies, the Judicial Department, and when necessary, researchers outside of state government.

(m) (1) The committee shall periodically request, receive and review information regarding conditions of confinement, including services available, for persons under eighteen years of age detained at the John R. Manson Youth Institution, Cheshire.

(2) Not later than October 1, 2018, the committee shall submit a report, in accordance with section 11-4a , to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, the judiciary, human services and children and the Secretary of the Office of Policy and Management on current conditions of confinement, including services available, for persons under eighteen years of age who are detained or incarcerated in correctional facilities, juvenile secure facilities and other out-of-home placements in the juvenile and criminal justice systems. The report shall include, but need not be limited to, a description of any gaps in services and the continued availability and utilization of mental health, education, rehabilitative and family engagement services.

(n) Not later than January 1, 2020, the committee shall submit a report, in accordance with section 11-4a , to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations, the judiciary, human services and children and the Secretary of the Office of Policy and Management regarding a juvenile justice reinvestment plan. The report shall include a study and make recommendations for the reinvestment of savings realized from the decreased use of incarceration and congregate care towards strategic investments in home-based, school-based and community-based behavioral health services and supports for children diverted from, or involved with, the juvenile justice system.

(o) Not later than January 1, 2019, and annually thereafter, the Department of Correction and the Court Support Services Division of the Judicial Branch shall report to the committee on compliance with the provisions of section 46b-126a . Such reports shall present indicia of compliance in both state facilities and those facilities managed by a private provider under contract with the state, and shall include data on all persons under eighteen years of age who have been removed or excluded from educational settings as a result of alleged behavior occurring in those educational settings.

(p) Not later than January 1, 2019, and annually thereafter, all state agencies that detain or otherwise hold in custody a person under eighteen years of age involved with the juvenile justice or criminal justice system, or that contract for the housing of any person involved with the juvenile justice or criminal justice system under eighteen years of age, shall report to the committee on compliance with the provisions of section 46b-121p . Such reports shall include indicia of compliance in both direct-run and contract facilities, and shall include data on all rearrests and uses of confinements and restraints for youth in justice system custody, as defined in section 10-253 .

(q) The committee shall convene an education subcommittee to fulfill tasks, as directed by the committee, consult in the development of a plan pursuant to section 3 of public act 23-188*, and develop a detailed plan concerning the overall coordination, oversight, supervision and direction of all vocational and academic education services and programs for children in justice system custody, and the provision of education-related transitional support services for children returning to the community from justice system custody. The subcommittee shall consist of:

(1) One person designated by the Commissioner of Education;

(2) One person designated by the executive director of the Court Support Services Division of the Judicial Branch;

(3) One person designated by the Bridgeport School District;

(4) One person designated by the Hartford School District;

(5) One person designated by the Commissioner of Correction;

(6) One person who is an expert in state budgeting and who can assist the subcommittee in obtaining data on relevant expenditures and available resources, designated by the Secretary of the Office of Policy and Management;

(7) Three persons, who are experts with significant career experience in providing and coordinating education in justice-system settings and who are not employees of the state of Connecticut, designated by the chairpersons of the Juvenile Justice Oversight and Planning Committee; and

(8) Two persons representing the interests of students and families, one designated by the executive director of an organization in this state with the mission of stopping the criminalization of this state's children and one designated by the executive director of an organization in this state that advocates for legal rights for the most vulnerable children in this state.

(A) The plan developed pursuant to this subsection shall include, but need not be limited to:

(i) Identification of a single state agency and designation of a program manager within that agency who will be responsible for planning, coordination, oversight, supervision, quality control, legal compliance and allocation of relevant federal and state funds for children in justice system custody;

(ii) A detailed description of how educational services will be provided to children in justice system custody and how education-related supports will be provided to children during transition out of justice system custody, either directly by the single state agency identified by the plan pursuant to clause (i) of this subparagraph or through a state-wide contract with a single nonprofit provider;

(iii) An analysis of resources expended for educating children in justice system custody and for supporting educational success during transitions out of justice system custody, and recommendations for consolidating and reallocating resources towards the oversight, accountability, services and supports provided for in the plan pursuant to this subsection;

(iv) Provisions for ensuring that a range of pathways to educational and economic opportunity are available for children in justice system custody, including at a minimum a traditional high school diploma program, an accelerated credit recovery program, vocational training programs and access to post-secondary educational options;

(v) Specifications for a state-wide accountability and quality control system for schools that serve children in justice system custody. The accountability and quality control system shall include, but need not be limited to:

(I) A specialized school profile and performance report, to be produced annually for each school that serves children in justice system custody. The profiles and performance reports shall be consistent with other accountability systems required by law and shall include criteria and metrics tailored to measuring the quality of schools that serve children in justice system custody. Such metrics shall include, but need not be limited to: Student growth in reading and math; credit accumulation; modified graduation rates and high school equivalent passage rates; school attendance, defined as the percentage of children who are actually physically present in classrooms for school and educational programs; the percentage of students pursuing a high school diploma, an industry-based certification, a recognized high school diploma equivalent, credits for advanced courses and post-secondary education programs; performance in educating children with exceptionalities, including identification of special education needs, the development of best-practices for individualized education programs and the provision of services and supports mandated by individualized education programs; student reenrollment in school or other educational or vocational training programs after leaving justice system custody; student success in post-release high school, post-secondary education, or job-training programs; and compliance with the protocols for support of educational transitions delineated in clause (vi) of this subparagraph;

(II) Identifying achievement benchmarks for each measurement of school quality;

(III) Written standards for educational quality for schools that serve children in custody;

(IV) A program for quality control and evaluation of schools serving children in custody. The program shall include, but need not be limited to, in-person observation and monitoring of each school serving children in justice system custody. The monitoring shall occur at least annually, and shall be conducted by experts in special education and education in justice-system settings;

(V) Provisions for ensuring that each school serving children in justice system custody seeks and obtains external accreditation by a recognized accrediting agency; and

(VI) A set of supports, interventions and remedies that shall be implemented when a school serving children in justice system custody falls consistently or significantly short of quality benchmarks;

(vi) Provisions for ensuring that the state-wide education system for children in justice system custody includes:

(I) The engagement of one or more curriculum development specialists to support learning in schools serving children in justice system custody and to develop a flexible, high-interest, modular curriculum that is aligned with state standards and adapted to the context of educating children in justice system custody;

(II) The engagement of one or more professional development and teacher training specialists to support teachers in schools that serve children in justice system custody; and

(III) The engagement of professional reentry coordinators to support educational success in children returning to the community from justice system custody;

(vii) A protocol for educational support of children transitioning into, and out of, justice system custody. The protocol shall include, but need not be limited to:

(I) Team-based reentry planning for every child in justice system custody;

(II) Clear and ambitious timelines for transfer of educational records at intake and release from justice system custody; and

(III) Timelines for reenrollment and credit transfer;

(viii) Recommendations for any legislation that may be necessary or appropriate to implement the provisions of the plan developed pursuant to this subsection; and

(ix) A timeline for implementation of the plan developed pursuant to this subsection.

(B) The plan developed pursuant to this subsection shall be submitted on or before January 1, 2020, to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a .

(C) For purposes of this subsection: “Justice system custody” means justice system custody, as defined in section 10-253 ; “school” means any program or institution, or any project or unit thereof, that provides any academic or vocational education programming for any children in justice system custody; and “child” means child, as defined in section 10-253 .

(r) The committee shall review methods other states employ to (1) transfer juvenile cases to the regular criminal docket, and (2) detain persons fifteen, sixteen and seventeen years of age whose cases are transferred to the regular criminal docket. Such review shall consider (A) the transfer of juvenile cases to the regular criminal docket and outcomes associated with such transfers, including the impact on public safety and the effectiveness in changing the behavior of juveniles, and (B) preadjudication and postadjudication detention and include an examination of organizational and programmatic alternatives. The committee shall, in accordance with the provisions of section 11-4a , not later than January 1, 2020, report such review including a plan for implementation not later than July 1, 2021, of any recommended changes, including cost options where appropriate to the committee of the General Assembly having cognizance of matters relating to the judiciary.

(s) The committee shall appoint persons to an incarceration subcommittee for purposes that include developing plans pursuant to section 3 of public act 23-188*, and to fulfill other tasks, as directed by the committee.

(t) The committee shall appoint persons to a community expertise subcommittee for purposes that include developing a plan pursuant to section 3 of public act 23-188*, and to fulfill other tasks, as directed by the committee.

(u) (1) The committee shall appoint persons to a gender responsiveness subcommittee for purposes of fulfilling the responsibilities described in this subsection and any other task, as directed by the committee.

(2) (A) The gender responsiveness subcommittee shall work in partnership with the Trafficking in Persons Council, established pursuant to section 46a-170 , for the purposes described as follows:

(i) The completion, not later than January 1, 2025, of a landscape analysis and gap assessment of gender responsive work in this state that shall, as part of performing such analysis and assessment: (I) Define “gender responsive” and “gender responsive practice”; (II) receive and consider input from youth, families and communities directly impacted by any gaps in gender responsive work; (III) review national best practices, including approaches and types of services provided and system considerations; (IV) review previous work and legislation concerning gender responsive work; (V) identify any gaps in gender responsive work resulting from system or programmatic changes; (VI) review existing work and practices on gender responsiveness among agencies and community providers; and (VII) review data, broken down by race, ethnicity, gender, age, location and level of system involvement, including the type of offenses committed by youth and how such offenses are handled within the juvenile justice system.

(ii) The development, not later than January 1, 2025, of a framework for reporting, collecting and distributing police data on human trafficking for the purpose of generating annual reports concerning such data.

(iii) The development of policy and legislative recommendations based upon the data distributed and reported pursuant to this subparagraph for consideration by the Juvenile Justice Policy and Oversight Committee and the Trafficking in Persons Council. Such recommendations shall address improvements to the continuum of care to youth who identify as girls and are impacted by the juvenile justice system, and provide for trauma-informed and culturally informed approaches, services, treatment and permanency models for such youth, including, at a minimum, recommendations concerning: (I) Continuity of clinical support across a continuum of placement and treatment settings; (II) specialized treatment in foster care for such youth who have experienced sexual abuse or human trafficking, including youth with intellectual and other developmental disabilities; (III) specialized training for care providers and treatment providers; (IV) consistent and constant sources of support, including peer mentoring and therapy for such youth; (V) programs and practices that are developed with the input of persons who are survivors of sexual abuse or human trafficking; (VI) service and treatment setting options that specifically address the needs of children with intellectual and other developmental disabilities; (VII) successful treatment and support models from other states to inform service enhancement in this state; (VIII) supports for youth who identify as transgender or gender non-conforming; (IX) diversion options such as the use of a juvenile review board or other diversion models; and (X) a monitoring framework to ensure quality of the continuum of care provided.

(B) The gender responsiveness subcommittee and the Transforming Children's Behavioral Health Policy and Planning Committee, established pursuant to section 2-137 , shall share information on gender responsive practices and policies for youth involved with the child welfare system with the Juvenile Justice Policy and Oversight Committee.

*Note: Section 3 of public act 23-188 is special in nature and therefore has not been codified but remains in full force and effect according to its terms.
Conn. Gen. Stat. § 46b-42 — Connecticut Code / Title 46b / Chapter 815j / Section 46b-42
Sec. 46b-42. (Formerly Sec. 46-33). Jurisdiction.
Status: in_force

Annotations to former section 46-33:

Cited. 34 CS 251; Id., 628.

Annotations to present section:

Cited. 11 CA 150; 13 CA 282.
Conn. Gen. Stat. § 46b-522 — Connecticut Code / Title 46b / Chapter 818 / Section 46b-522
Sec. 46b-522. Eligibility to enter into gestational or genetic agreement.
Status: in_force

(1) Have attained twenty-one years of age;

(2) Have previously given birth to at least one child;

(3) Complete a medical evaluation related to the surrogacy arrangement by a licensed physician;

(4) Complete a mental health evaluation by a licensed mental health professional;

(5) Have independent legal representation of the surrogate's choice throughout the surrogacy agreement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement; and

(6) Have or obtain a health insurance policy or other coverage for major medical treatment and hospitalization and such policy or other coverage shall be for a term that extends throughout the duration of the expected pregnancy and for eight weeks after the birth of the resulting child.

(b) To execute a surrogacy agreement, each intended parent, whether or not genetically related to the child, shall:

(1) Have attained twenty-one years of age;

(2) Complete a mental health evaluation by a licensed mental health professional; and

(3) Have independent legal representation of the intended parent's choice throughout the surrogacy agreement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement.
Conn. Gen. Stat. § 46b-133e — Connecticut Code / Title 46b / Chapter 815t / Section 46b-133e
Sec. 46b-133e. Suspension of delinquency proceedings for participation in school violence prevention program.
Status: in_force

(b) As a condition of eligibility for suspension of prosecution and placement in a school violence prevention program pursuant to this section, (1) the child shall agree to participate in a program of anger management and nonviolent conflict resolution consisting of group counseling sessions, and to satisfactorily complete such program, (2) the child shall agree to comply with any orders of the court, and (3) the parents or guardian of such child shall certify under penalty of false statement that, to the best of such parents' or guardian's knowledge and belief, neither such parent or guardian nor such child possesses any firearms, dangerous weapons, controlled substances or other property or materials the possession of which is prohibited by law or in violation of the law.

(c) The cost of participation in such program shall be paid by the parent or guardian of such child, except that no child shall be excluded from such program for inability to pay such cost provided (1) the parent or guardian of such child files with the court an affidavit of indigency or inability to pay, and (2) the court enters a finding thereof.

(d) During the period of suspension, a child shall be placed under the supervision of a juvenile probation officer for placement in a school violence prevention program and such officer shall monitor the compliance of the child with the orders of the court including, but not limited to, maintaining contact with the child and officials of the child's school.

(e) If the court denies the motion for suspension of the delinquency proceedings, the prosecutorial official may proceed with the delinquency proceedings. Any order of the court granting or denying a motion for suspension of the delinquency proceedings shall not be deemed a final order for purposes of appeal.

(f) At any time before the end of the period of the suspension of the delinquency proceedings, but not later than one month before the end of the period of suspension, a juvenile probation officer shall notify the court of the impending conclusion of the suspension and submit a report on whether the child has satisfactorily completed the school violence prevention program and has complied with all other conditions of the suspension order imposed by the court.

(g) If the court, on motion of the child or on its own motion, finds that the child has satisfactorily completed the school violence prevention program and has complied with all other conditions of suspension, and one year has elapsed since the child was placed in such program, it may dismiss the charge for which the delinquency proceedings had been suspended. If the court denies the motion and terminates the suspension of the delinquency proceedings, the prosecutorial official may proceed with such proceedings.

See Sec. 54-56j re pretrial school violence prevention program.
Conn. Gen. Stat. § 46a-89 — Connecticut Code / Title 46a / Chapter 814c / Section 46a-89
Sec. 46a-89. (Formerly Sec. 31-127a). Petition for temporary injunctive relief re discriminatory employment practices. Petition for injunctive relief, punitive damages or civil penalty re discriminatory housing or public accommodations practices.
Status: in_force

(2) The petition shall seek appropriate temporary injunctive relief against the respondent pending final disposition of the complaint pursuant to the procedures set forth in this chapter. The injunctive relief may include an order temporarily restraining the respondent from doing any act that would render ineffectual any order a presiding officer may render with respect to the complaint.

(3) Upon service on the respondent of notice pursuant to section 46a-89a , the respondent shall be temporarily restrained from taking any action that would render ineffectual the temporary injunctive relief requested in the petition, provided nothing in this section shall be construed to prevent the respondent from having any employment duties enjoined under this section and section 46a-89a , from being carried out by another employee and the notice shall so provide.

(b) (1) Whenever a complaint filed pursuant to section 46a-82 alleges a violation of section 46a-64 , 46a-64c , 46a-81d or 46a-81e , and the commission believes that injunctive relief is required or that the imposition of punitive damages or a civil penalty would be appropriate, the commission may bring a petition in the superior court for the judicial district in which the discriminatory practice which is the subject of the complaint occurred or the judicial district in which the respondent resides.

(2) The petition shall seek: (A) Appropriate injunctive relief, including temporary or permanent orders or decrees restraining and enjoining the respondent from selling or renting to anyone other than the complainant or otherwise making unavailable to the complainant any dwelling or commercial property with respect to which the complaint is made, pending the final determination of such complaint by the commission or such petition by the court; (B) an award of damages based on the remedies available under subsection (c) of section 46a-86 ; (C) an award of punitive damages payable to the complainant, not to exceed fifty thousand dollars; (D) a civil penalty payable to the state against the respondent to vindicate the public interest: (i) In an amount not exceeding ten thousand dollars if the respondent has not been adjudged to have committed any prior discriminatory housing practice; (ii) in an amount not exceeding twenty-five thousand dollars if the respondent has been adjudged to have committed one other discriminatory housing practice during the five-year period prior to the date of the filing of this complaint; and (iii) in an amount not exceeding fifty thousand dollars if the respondent has been adjudged to have committed two or more discriminatory housing practices during the seven-year period prior to the date of the filing of the complaint; except that if the acts constituting the discriminatory housing practice that is the object of the complaint are committed by the same natural person who has been previously adjudged to have committed acts constituting a discriminatory housing practice, then the civil penalties set forth in clauses (ii) and (iii) of this subparagraph may be imposed without regard to the period of time within which any subsequent discriminatory housing practice occurred; or (E) two or more of such remedies.

(3) Upon service on the respondent of notice pursuant to section 46a-89a , the respondent shall be temporarily restrained from selling or renting the dwelling or commercial property which is the subject of the complaint to anyone other than the complainant, or from otherwise making such dwelling or commercial property unavailable to the complainant, until the court or judge has decided the petition for temporary injunctive relief and the notice shall so provide.

See Sec. 51-164s re Superior Court's status as sole court of original jurisdiction.

Cited. 196 C. 208.
Conn. Gen. Stat. § 46b-461 — Connecticut Code / Title 46b / Chapter 818 / Section 46b-461
Sec. 46b-461. Venue.
Status: in_force

(1) The child resides; or

(2) If the child shall not reside in this state, the petitioner or respondent resides.

(b) In actions filed in the Probate Court by an alleged genetic parent seeking to establish the alleged genetic parent's parentage, the petition shall be filed in the probate district where the child or birth parent resides.

(c) In actions filed in the Probate Court to determine parentage after the death of the child or the person whose parentage is to be determined, the petition shall be filed in the probate district where the child, petitioner, or person whose parentage is to be determined resides or resided at the time of death.

(d) In actions filed in the Probate Court by persons seeking parentage orders under sections 46b-517 , 46b-531 and 46b-535 , or by persons seeking to validate a genetic surrogacy agreement under sections 46b-533 and 46b-536 , the petition shall be filed in the probate district where the child or a party to the proceeding resides.

(e) In IV-D support cases, as defined in section 46b-231 , and in petitions brought under sections 46b-301 to 46b-425 , inclusive, venue for a proceeding to adjudicate parentage is in the Family Support Magistrate Division serving the judicial district where the parent who gave birth or the alleged parent resides.
Conn. Gen. Stat. § 46b-133k — Connecticut Code / Title 46b / Chapter 815t / Section 46b-133k
Sec. 46b-133k. Policy re suicidal and self-harming behaviors and use of solitary confinement, prone restraints and chemical agents in juvenile detention centers and correctional facilities detaining juveniles. Reporting.
Status: in_force

(1) Suicidal and self-harming behaviors, including the development of a screening tool designed to determine which detained persons are at risk for suicidal and self-harming behaviors;

(2) Negative impacts of solitary confinement;

(3) Harmful effects of using chemical agents and prone restraints on detained persons, including limiting and documenting the use of such chemical agents and limiting the use of prone restraints on such persons; and

(4) Programming and services for such detained persons, including implementing behavior intervention plans for such persons whose behavior interferes with the safety or rehabilitation of other detained persons and providing trauma-responsive rehabilitative, pro-social and clinical services embedded into such person's schedule.

(b) The policy of best practices developed under subsection (a) of this section shall provide developmentally healthy and appropriate activities and recreational opportunities for such detained persons and their family members during visitation periods that are designed to strengthen family bonds and minimize trauma of separation. Such visitations shall include contact visits, unless such visit creates a risk of a harm to any person.

(c) Not later than July 1, 2021, the Commissioner of Correction and the executive director of the Court Support Services Division of the Judicial Department shall fully implement the policy of best practices developed under subsection (a) of this section in juvenile detention centers and correctional facilities where persons ages seventeen years and under are detained that are operated or overseen by said commissioner or executive director.

(d) The Commissioner of Correction and the executive director of the Court Support Services Division of the Judicial Department shall report to the Juvenile Justice Policy and Oversight Committee established under section 46b-121n annually, not later than January fifteenth for the previous calendar year on the following:

(1) Suicidal and self-harming behaviors exhibited by persons detained in juvenile detention centers and correctional facilities where persons ages seventeen years and under are detained under said commissioner's or executive director's control or oversight;

(2) Uses of force against and the imposition of physical isolation of persons detained in juvenile detention centers and correctional facilities where persons ages seventeen years and under are detained under said commissioner's or executive director's control or oversight; and

(3) Any educational or mental health concerns for persons detained in juvenile detention centers and correctional facilities where persons ages seventeen years and under are detained under said commissioner's or executive director's control or oversight.
Conn. Gen. Stat. § 46a-95 — Connecticut Code / Title 46a / Chapter 814c / Section 46a-95
Sec. 46a-95. (Formerly Sec. 31-128). Enforcement by Superior Court of order of presiding officer.
Status: in_force

(b) The commission shall certify and file in the court the order of the presiding officer as part of the commission's petition or upon order of the court.

(c) Within five days after filing a petition in court, the commission or the complainant shall (1) serve the petition by registered or certified mail to all parties identified in the order issued by the presiding officer or the representatives of such parties, and (2) file with the court an affidavit stating the date and manner in which each party was served.

(d) The court shall: (1) Grant such relief by injunction or otherwise, including temporary relief, as it deems just and suitable, and (2) enter a decree enforcing any order of the presiding officer. The court may remand, in whole or in part, any order of the presiding officer, provided any such remand shall be limited to clarifying any ambiguity in the relief ordered. The court shall retain jurisdiction over the order while the presiding officer complies with the remand. Unless the relief ordered by the presiding officer is ambiguous, the court shall order the party in noncompliance to comply immediately with the presiding officer's order. The court shall award the costs of enforcement, including reasonable attorney's fees, to the commission or the complainant.

(e) No objection or defense that has not been urged before the presiding officer or that was raised or could have been raised on appeal under section 46a-94a may be considered by the court. Petitions pursuant to this section shall be limited to resolving whether the relief ordered by the presiding officer is sufficiently clear to enforce and shall not be deemed an appeal of or collateral attack on the order of the presiding officer.

(f) The jurisdiction of the court shall be exclusive and, except for a remand ordered pursuant to subsection (d) of this section, its judgment and decree shall be final. A final decree may be appealed to the Appellate Court in accordance with subsection (e) of section 51-197b .

(g) Petitions filed under this section shall be heard expeditiously.

Annotations to former section 31-128:

Substantial and competent evidence requires that evidence be such as would, in a jury trial, justify a refusal to direct a verdict. 140 C. 537. Cited. 153 C. 171. Substantial evidence means something more than a mere scintilla and must do more than create a suspicion of the existence of the fact to be established. Id., 652, 661. Substantial and competent evidence discussed. 163 C. 309, 327. Cited. 165 C. 318; 168 C. 26; 176 C. 88; Id., 291; Id., 533; 188 C. 44.

Employee applicant not a necessary party on appeal; he can just set the statutory machinery in motion. 17 CS 96. “Substantial and competent evidence” discussed. Id., 99; 18 CS 129; 20 CS 172. Superior Court has jurisdiction to hear appeal from order dismissing complainant's complaint of discrimination against her. 28 CS 341.

Annotations to present section:

Cited. 195 C. 543; 196 C. 208; 207 C. 547; 211 C. 464.

Cited. 3 CA 464; Id., 484; 4 CA 423; 5 CA 643; 15 CA 569.
Conn. Gen. Stat. § 46a-13m — Connecticut Code / Title 46a / Chapter 813a / Section 46a-13m
Sec. 46a-13m. Access to information.
Status: in_force

(b) In the performance of his responsibilities under subsection (a) of section 46a-13 l the Child Advocate may communicate privately with any child or person who has received, is receiving or should have received services from the state. Such communications shall be confidential and not be subject to disclosure except as provided in subsection (a) of section 46a-13n .

(c) The Child Advocate may issue subpoenas to compel the attendance and testimony of witnesses or the production of books, papers and other documents and to administer oaths to witnesses in any matter under his investigation. If any person to whom such subpoena is issued fails to appear or, having appeared, refuses to give testimony or fails to produce the evidence required, the Child Advocate may apply to the superior court for the judicial district of Hartford which shall have jurisdiction to order such person to appear and give testimony or to produce such evidence, as the case may be.

(d) The Child Advocate may apply for and accept grants, gifts and bequests of funds from other states, federal and interstate agencies and independent authorities and private firms, individuals and foundations, for the purpose of carrying out his responsibilities. There is established within the General Fund a child advocate account which shall be a separate nonlapsing account. Any funds received under this subsection shall, upon deposit in the General Fund, be credited to said account and may be used by the Child Advocate in the performance of his duties.
Conn. Gen. Stat. § 46b-38b — Connecticut Code / Title 46b / Chapter 815e / Section 46b-38b
Sec. 46b-38b. Investigation of family violence crime by peace officer. Arrest. Assistance to victim. Guidelines. Compliance with model law enforcement policy on family violence. Education and training program. Assistance and protocols for victims whose immigration status is questionable. Exceptions.
Status: in_force

(b) When complaints of family violence are made by two or more opposing persons, a peace officer is not required to arrest both persons. The peace officer shall evaluate each complaint separately to determine which person is the dominant aggressor. In determining which person is the dominant aggressor, the peace officer shall consider the need to protect victims of domestic violence, whether one person acted in defense of self or a third person, the relative degree of any injury, any threats creating fear of physical injury, and any history of family violence between such persons, if such history can reasonably be obtained by the peace officer. The peace officer shall arrest the person whom the officer believes to be the dominant aggressor.

(c) If a peace officer believes probable cause exists for the arrest of two or more persons, in lieu of arresting or seeking a warrant for the arrest of any person determined not to be the dominant aggressor, such peace officer may submit a report detailing the conduct of such person during the incident to the state's attorney for the judicial district in which the incident took place for further review and advice. The provisions of this section shall be construed to discourage, when appropriate, but not prohibit, dual arrests.

(d) No peace officer investigating an incident of family violence shall threaten, suggest or otherwise indicate, the arrest of all persons involved in such incident for the purpose of discouraging any request from a person for law enforcement intervention.

(e) No peace officer shall be held liable in any civil action regarding personal injury or injury to property brought by any party to a family violence incident for (1) an arrest based on probable cause; (2) any conditions of release imposed pursuant to subsection (b) of section 54-63c ; or (3) determinations made pursuant to subsection (b) or (c) of this section.

(f) It shall be the responsibility of the peace officer at the scene of a family violence incident to provide immediate assistance to the victim. Such assistance shall include, but need not be limited to: (1) Assisting the victim to obtain medical treatment if such treatment is required; (2) notifying the victim of the right to file an affidavit for a warrant for arrest; (3) informing the victim of services available, including providing the victim with (A) contact information for a regional family violence organization that employs, or provides referrals to, counselors who are trained in providing trauma-informed care, and (B) on and after January 1, 2023, a copy of the information concerning services and resources available to victims of domestic violence published pursuant to section 10-10g ; (4) on and after January 1, 2023, if there is a child at the scene, providing the victim a copy of the documents concerning behavioral and mental health evaluation and treatment resources available to children developed pursuant to section 17a-22r for the mental health region in which such victim is located; (5) referring the victim to the Office of Victim Services; and (6) providing assistance in accordance with the uniform protocols for treating victims of family violence whose immigration status is questionable, established pursuant to subsection (i) of this section. In cases where the officer has determined that no cause exists for an arrest, assistance shall include: (A) Assistance as provided in subdivisions (1) to (6), inclusive, of this subsection; and (B) remaining at the scene for a reasonable time until, in the reasonable judgment of the officer, the likelihood of further imminent violence has been eliminated. For the purposes of this subsection, “trauma-informed care” means services (i) directed by a thorough understanding of the neurological, biological, psychological and social effects of trauma and violence on a person; and (ii) delivered by a regional family violence organization that employs, or provides referrals to, counselors who: (I) Make available to the victim of family violence resources on trauma exposure, its impact and treatment; (II) engage in efforts to strengthen the resilience and protective factors of victims of family violence who are impacted by and vulnerable to trauma; (III) emphasize continuity of care and collaboration among organizations that provide services to children; and (IV) maintain professional relationships for referral and consultation purposes with programs and persons with expertise in trauma-informed care.

(g) (1) Each law enforcement agency shall develop, in conjunction with the Division of Criminal Justice, and implement specific operational guidelines for arrest policies in family violence incidents. Such guidelines shall include, but need not be limited to: (A) Procedures for the conduct of a criminal investigation; (B) procedures for arrest and for victim assistance by peace officers; (C) education as to what constitutes speedy information in a family violence incident; (D) procedures with respect to the provision of services to victims; and (E) such other criteria or guidelines as may be applicable to carry out the purposes of sections 46b-1 , 46b-15 , 46b-38a to 46b-38f , inclusive, and 54-1g . Such procedures shall be duly promulgated by such law enforcement agency. On and after October 1, 2012, each law enforcement agency shall develop and implement specific operational guidelines for arrest policies in family violence incidents which, at a minimum, meet the standards set forth in the model law enforcement policy on family violence established in subdivision (2) of this subsection.

(2) There is established a model law enforcement policy on family violence for the state. Such policy shall consist of the model policy submitted by the task force established in section 19 of public act 11-152* on January 31, 2012, to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary, as amended from time to time by the Domestic Violence Criminal Justice Response and Enhancement Advisory Council established pursuant to section 46b-38j .

(3) Not later than January 15, 2013, and annually thereafter, the chairperson of the Police Officer Standards and Training Council shall provide notice of updates to the model policy, if any, adopted by the council during the prior calendar year, to the chief law enforcement officer of each municipality having a police department, the law enforcement instructor of each such police department, and the Commissioner of Emergency Services and Public Protection.

(4) Not later than July 1, 2013, and annually thereafter, each law enforcement agency shall submit a report to the Commissioner of Emergency Services and Public Protection, in such form as the commissioner prescribes, regarding the law enforcement agency's compliance with the model law enforcement policy on family violence for the state.

(5) (A) On and after July 1, 2021, each law enforcement agency shall designate at least one officer with supervisory duties to expeditiously process, upon request of a victim of family violence or other crime who is applying for U Nonimmigrant Status (i) a certification of helpfulness on Form I-918, Supplement B, or any subsequent corresponding form designated by the United States Department of Homeland Security, confirming that the victim of family violence or other crime has been helpful, is being helpful or is likely to be helpful in the investigation or prosecution of the criminal activity, and (ii) any subsequent certification required by the victim. As used in this subparagraph, “expeditiously” means not later than sixty days after the date of receipt of the request for certification of helpfulness, or not later than fourteen days after the date of receipt of such request if (I) the victim is in federal immigration removal proceedings or detained, or (II) the victim's child, parents or siblings would become ineligible for an immigration benefit by virtue of the victim or the sibling of such victim attaining the age of eighteen years, or the victim's child attaining the age of twenty-one years.

(B) By signing a certification of helpfulness, the officer or agency is not making a determination of eligibility for U Nonimmigrant Status. The officer or agency is solely providing information required by the United States Department of Homeland Security on such form as is required by said department and certifying that: (i) The requesting individual or his or her family member is a victim of one of the enumerated crimes eligible for U Nonimmigrant Status, (ii) the victim possesses or possessed information regarding that crime, (iii) the victim has been, is being or is likely to be helpful in an investigation of that crime, and (iv) the victim has not failed or refused to provide reasonably requested information or assistance. A current or ongoing investigation, filing of criminal charges, prosecution or conviction is not required for a victim to request and obtain certification under this subdivision.

(h) The Police Officer Standards and Training Council, in conjunction with the Division of Criminal Justice, shall establish an education and training program for law enforcement officers, supervisors and state's attorneys on the handling of family violence incidents. Training under such program shall: (1) Stress the enforcement of criminal law in family violence cases and the use of community resources, and include training for peace officers at both recruit and in-service levels; and (2) include, but not be limited to: (A) The nature, extent and causes of family violence; (B) factors for determining a dominant aggressor in a family violence case; (C) legal rights of and remedies available to victims of family violence and persons accused of family violence; (D) services and facilities available to victims and persons who commit acts of family violence; (E) legal duties imposed on police officers to make arrests and to offer protection and assistance, including applicable probable cause standards; and (F) techniques for handling incidents of family violence that minimize the likelihood of injury to the officer and promote the safety of the victim. Training under such program shall also include, within available appropriations, information on (i) the impact of arrests of multiple parties in a family violence case on the immigration status of the parties; (ii) crime scene investigation and evaluation practices in family violence cases designed by the council to reduce the number of multiple arrests in family violence cases; and (iii) practical considerations in the application of the general statutes related to family violence. Such training shall also address, within available appropriations, eligibility for federal T Visas for victims of human trafficking and federal U Visas for unauthorized immigrants who are victims of family violence and other crimes.

(i) The Police Officer Standards and Training Council shall establish uniform protocols for treating victims of family violence whose immigration status is questionable, and shall make such protocols available to law enforcement agencies. Each law enforcement agency shall adopt and use such protocols on and after the date they are established by the council.

(j) The provisions of this section shall not apply to persons who are (1) attending an institution of higher education and presently residing together in on-campus housing or in off-campus housing that is owned, managed or operated by the institution of higher education or its agent, provided such persons are not family or household members as defined in subparagraph (A), (B), (C), (E) or (F) of subdivision (2) of section 46b-38a , or (2) presently residing in a dwelling unit, as defined in section 47a-1 , and making payments pursuant to a rental agreement, as defined in section 47a-1 , provided such persons are not family or household members as defined in subparagraph (A), (B), (C), (E) or (F) of subdivision (2) of section 46b-38a .

*Note: Section 19 of public act 11-152 is special in nature and therefore has not been codified but remains in full force and effect according to its terms.

Cited. 23 CA 657.

Cited. 43 CS 441; 44 CS 121. Creation of a class of victims and defendants does not affect the prosecution of any crime, does not afford victim greater rights with regard to defendant's prosecution, and is a legitimate classification, being neither arbitrary nor irrational, and thus does not violate equal protection rights. 46 CS 598.
Conn. Gen. Stat. § 46b-12 — Connecticut Code / Title 46b / Chapter 815 / Section 46b-12
Sec. 46b-12. Orders re appointment of counsel or guardian ad litem for a minor child in family relations matter.
Status: in_force

(b) The provisions of subsection (a) of this section shall not apply when: (1) The parties have requested that counsel or a guardian ad litem be appointed and present to the court a written agreement that contains the name of the person who the parties have selected to serve as counsel or a guardian ad litem for the minor child for their matter; or (2) an emergency situation requires the immediate appointment of counsel or a guardian ad litem for the minor child.

(c) Not later than twenty-one days following the date on which the court enters an initial order appointing counsel or a guardian ad litem for any minor child pursuant to this section, the court shall enter a subsequent order that includes the following information: (1) The specific nature of the work that is to be undertaken by such counsel or guardian ad litem; (2) the date on which the appointment of such counsel or guardian ad litem is to end, provided such end date may be extended for good cause shown pursuant to an order of the court; (3) the deadline for such counsel or guardian ad litem to report back to the court concerning the work undertaken; (4) the fee schedule of such counsel or guardian ad litem that shall minimally set forth (A) the amount of the retainer, (B) the hourly rate to be charged, (C) the apportionment of the retainer and hourly fees between the parties, and (D) if applicable, all provisions related to the calculation of fees on a sliding-scale basis; and (5) a proposed schedule of periodic court review of the work undertaken by such counsel or guardian ad litem and the fees charged by such counsel or guardian ad litem. Periodic court review shall be undertaken not less than every three months following the date of the appointment of such counsel or guardian ad litem, unless such periodic court review is waived by the parties and any such counsel or guardian ad litem pursuant to a written agreement filed with the court. Not later than thirty days after the entry of a final judgment in a family relations matter involving counsel or a guardian ad litem for a minor child, such counsel or guardian ad litem shall file with the court an affidavit that sets forth (A) the case name, (B) the case docket number, and (C) the hourly fee charged, total number of hours billed, expenses billed and the total amount charged by such counsel or guardian ad litem. Counsel or a guardian ad litem for a minor child shall not charge the parties for the preparation of such affidavit. Upon the filing of the affidavit with the court, such affidavit shall be made part of the case file.

(d) As used in this section and sections 46b-12a and 46b-12b , “family relations matter” means a matter affecting or involving: (1) Dissolution of marriage, contested and uncontested, except dissolution upon conviction of crime as provided in section 46b-48 ; (2) legal separation; (3) annulment of marriage; (4) alimony, support, custody and change of name incident to dissolution of marriage, legal separation and annulment; (5) actions brought under section 46b-15 ; (6) complaints for change of name; (7) civil support obligations; (8) habeas corpus and other proceedings to determine the custody and visitation of children; (9) habeas corpus brought by or on behalf of any mentally ill person except a person charged with a criminal offense; (10) appointment of a commission to inquire whether a person is wrongfully confined as provided by section 17a-523 ; (11) all rights and remedies provided for in chapter 815j; (12) the establishing of paternity; (13) appeals from probate concerning: (A) Appointment and removal of conservators; and (B) orders of commitment of persons to public and private institutions and to other appropriate facilities as provided by statute; (14) actions related to prenuptial and separation agreements and to matrimonial and civil union decrees of a foreign jurisdiction; (15) dissolution, legal separation or annulment of a civil union performed in a foreign jurisdiction; and (16) custody proceedings brought under the provisions of chapter 815p.
Conn. Gen. Stat. § 46b-129 — Connecticut Code / Title 46b / Chapter 815t / Section 46b-129
Sec. 46b-129. (Formerly Sec. 51-310). Commitment of child or youth. Petition for neglected, uncared for or abused child or youth. Hearing re temporary custody, order to appear or petition. Review of permanency plan. Cost of care and maintenance of child or youth; reimbursement. Revocation of commitment. Legal guardianships and permanent legal guardianships. Applicability of provisions re placement of child from another state and Interstate Compact on the Placement of Children. Confirmation by court. Filing of information and identification of sources of information by Department of Children and Families.
Status: in_force

(b) If it appears from the specific allegations of the petition and other verified affirmations of fact accompanying the petition and application, or subsequent thereto, that there is reasonable cause to believe that (1) the child or youth is suffering from serious physical illness or serious physical injury or is in immediate physical danger from the child's or youth's surroundings, and (2) as a result of said conditions, the child's or youth's safety is endangered and immediate removal from such surroundings is necessary to ensure the child's or youth's safety, the court shall either (A) issue an order to the parents or other person having responsibility for the care of the child or youth to appear at such time as the court may designate to determine whether the court should vest the child's or youth's temporary care and custody in a person related to the child or youth by blood or marriage or in some other person or suitable agency pending disposition of the petition, or (B) issue an order ex parte vesting the child's or youth's temporary care and custody in a person related to the child or youth by blood or marriage or in some other person or suitable agency. A preliminary hearing on any ex parte custody order or order to appear issued by the court shall be held not later than ten days after the issuance of such order. The service of such orders may be made by any officer authorized by law to serve process, or by any probation officer appointed in accordance with section 46b-123 , investigator from the Department of Administrative Services, state or local police officer or indifferent person. Such orders shall include a conspicuous notice to the respondent written in clear and simple language containing at least the following information: (i) That the order contains allegations that conditions in the home have endangered the safety and welfare of the child or youth; (ii) that a hearing will be held on the date on the form; (iii) that the hearing is the opportunity to present the parents' position concerning the alleged facts; (iv) that an attorney will be appointed for parents who cannot afford an attorney; (v) that such parents may apply for a court-appointed attorney by going in person to the court address on the form and are advised to go as soon as possible in order for the attorney to prepare for the hearing; (vi) that such parents, or a person having responsibility for the care and custody of the child or youth, may request the Commissioner of Children and Families to investigate placing the child or youth with a person related to the child or youth by blood or marriage who might serve as a licensed foster parent or temporary custodian for such child or youth. The commissioner shall investigate any relative or relatives proposed to serve as a licensed foster parent or temporary custodian for such child or youth prior to the preliminary hearing and provide a preliminary report to the court at such hearing as to such relative's or relatives' suitability and any potential barriers to licensing such relative or relatives as a foster parent or parents or granting temporary custody of such child or youth to such relative or relatives; and (vii) that if such parents have any questions concerning the case or appointment of counsel, any such parent is advised to go to the court or call the clerk's office at the court as soon as possible. Upon application for appointed counsel, the court shall promptly determine eligibility and, if the respondent is eligible, promptly appoint counsel. The expense for any temporary care and custody shall be paid by the town in which such child or youth is at the time residing, and such town shall be reimbursed for such expense by the town found liable for the child's or youth's support, except that where a state agency has filed a petition pursuant to the provisions of subsection (a) of this section, the agency shall pay such expense. The agency shall give primary consideration to placing the child or youth in the town where such child or youth resides. The agency shall file in writing with the clerk of the court the reasons for placing the child or youth in a particular placement outside the town where the child or youth resides. Upon issuance of an ex parte order, the court shall provide to the commissioner and the parent or guardian specific steps necessary for each to take to address the ex parte order for the parent or guardian to retain or regain custody of the child or youth. Upon the issuance of such order, or not later than sixty days after the issuance of such order, the court shall make a determination whether the Department of Children and Families made reasonable efforts to keep the child or youth with his or her parents or guardian prior to the issuance of such order and, if such efforts were not made, whether such reasonable efforts were not possible, taking into consideration the child's or youth's best interests, including the child's or youth's health and safety. Any person or agency in which the temporary care and custody of a child or youth is vested under this section shall have the following rights and duties regarding the child or youth: (I) The obligation of care and control; (II) the authority to make decisions regarding emergency medical, psychological, psychiatric or surgical treatment; and (III) such other rights and duties that the court having jurisdiction may order.

(c) The preliminary hearing on the order of temporary custody or order to appear or the first hearing on a petition filed pursuant to subsection (a) of this section shall be held in order for the court to:

(1) Advise the parent or guardian of the allegations contained in all petitions and applications that are the subject of the hearing and the parent's or guardian's right to counsel pursuant to subsection (b) of section 46b-135 ;

(2) Ensure that an attorney, and where appropriate, a separate guardian ad litem has been appointed to represent the child or youth in accordance with subsection (b) of section 51-296a and sections 46b-129a and 46b-136 ;

(3) Upon request, appoint an attorney to represent the respondent when the respondent is unable to afford representation, in accordance with subsection (b) of section 51-296a ;

(4) Advise the parent or guardian of the right to a hearing on the petitions and applications, to be held not later than ten days after the date of the preliminary hearing if the hearing is pursuant to an order of temporary custody or an order to show cause;

(5) Accept a plea regarding the truth of the allegations;

(6) Make any interim orders, including visitation orders, that the court determines are in the best interests of the child or youth. The court, after a hearing pursuant to this subsection, shall order specific steps the commissioner and the parent or guardian shall take for the parent or guardian to regain or to retain custody of the child or youth;

(7) Take steps to determine the identity of the alleged genetic parent of the child or youth, including, if necessary, inquiring of the birth parent of the child or youth, under oath, as to the identity and address of any person who might be the genetic parent of the child or youth and ordering genetic testing, and order service of the petition and notice of the hearing date, if any, to be made upon such alleged genetic parent;

(8) If the person named as the alleged genetic parent appears and admits that such person is the genetic parent, provide such person and the birth parent with the notices that comply with section 17b-27 and provide them with the opportunity to sign an acknowledgment of parentage on forms that comply with section 17b-27 . Such documents shall be executed and filed in accordance with chapter 815y and a copy delivered to the clerk of the superior court for juvenile matters. The clerk of the superior court for juvenile matters shall send the original acknowledgment of parentage to the Department of Public Health for filing in the parentage registry maintained under section 19a-42a , and shall maintain a copy of the acknowledgment of parentage in the court file;

(9) If the person named as an alleged genetic parent appears and denies that such person is the genetic parent of the child or youth, order genetic testing to determine parentage in accordance with the Connecticut Parentage Act. The clerk of the court shall send a certified copy of any judgment adjudicating parentage to the Department of Public Health for filing in the parentage registry maintained under section 19a-42a . If the results of the genetic tests indicate that the person named as the alleged genetic parent is not the genetic parent of the child or youth, the court shall enter a judgment that such person is not the genetic parent and the court shall remove such person from the case and afford such person no further standing in the case or in any subsequent proceeding regarding the child or youth;

(10) Identify any person or persons related to the child or youth by blood, marriage or law residing in this state who might serve as licensed foster parents or temporary custodians and order the Commissioner of Children and Families to investigate and report to the court, not later than thirty days after the preliminary hearing, the appropriateness of placing the child or youth with such relative or relatives; and

(11) In accordance with the provisions of the Interstate Compact on the Placement of Children pursuant to section 17a-175 , identify any person or persons related to the child or youth by blood, marriage or law residing out of state who might serve as licensed foster parents or temporary custodians, and order the Commissioner of Children and Families to investigate and determine, within a reasonable time, the appropriateness of placing the child or youth with such relative or relatives.

(d) (1) (A) If not later than thirty days after the preliminary hearing, or within a reasonable time when a relative resides out of state, the Commissioner of Children and Families determines that there is not a suitable person related to the child or youth by blood or marriage who can be licensed as a foster parent or serve as a temporary custodian, and the court has not granted temporary custody to a person related to the child or youth by blood or marriage, any person related to the child or youth by blood or marriage may file, not later than ninety days after the date of the preliminary hearing, a motion to intervene for the limited purpose of moving for temporary custody of such child or youth. If a motion to intervene is timely filed, the court shall grant such motion except for good cause shown.

(B) Any person related to a child or youth may file a motion to intervene for purposes of seeking temporary custody of a child or youth more than ninety days after the date of the preliminary hearing. The granting of such motion shall be solely in the court's discretion, except that such motion shall be granted absent good cause shown whenever the child's or youth's most recent placement has been disrupted or is about to be disrupted.

(C) A relative shall appear in person, with or without counsel, and shall not be entitled to court appointed counsel or the assignment of counsel by the office of Chief Public Defender, except as provided in section 46b-136 .

(2) Upon the granting of intervenor status to such relative of the child or youth, the court shall issue an order directing the Commissioner of Children and Families to conduct an assessment of such relative and to file a written report with the court not later than forty days after such order, unless such relative resides out of state, in which case the assessment shall be ordered and requested in accordance with the provisions of the Interstate Compact on the Placement of Children, pursuant to section 17a-175 . The court may also request such relative to release such relative's medical records, including any psychiatric or psychological records and may order such relative to submit to a physical or mental examination. The expenses incurred for such physical or mental examination shall be paid as costs of commitment are paid. Upon receipt of the assessment, the court shall schedule a hearing on such relative's motion for temporary custody not later than fifteen days after the receipt of the assessment. If the Commissioner of Children and Families, the child's or youth's attorney or guardian ad litem, or the parent or guardian objects to the vesting of temporary custody in such relative, the agency or person objecting at such hearing shall be required to prove by a fair preponderance of the evidence that granting temporary custody of the child or youth to such relative would not be in the best interests of such child or youth.

(3) If the court grants such relative temporary custody during the period of such temporary custody, such relative shall be subject to orders of the court, including, but not limited to, providing for the care and supervision of such child or youth and cooperating with the Commissioner of Children and Families in the implementation of treatment and permanency plans and services for such child or youth. The court may, on motion of any party or the court's own motion, after notice and a hearing, terminate such relative's intervenor status if such relative's participation in the case is no longer warranted or necessary.

(4) Any person related to a child or youth may file a motion to intervene for purposes of seeking guardianship of a child or youth more than ninety days after the date of the preliminary hearing. The granting of such motion to intervene shall be solely in the court's discretion, except that such motion shall be granted absent good cause shown whenever the child's or youth's most recent placement has been disrupted or is about to be disrupted. The court may, in the court's discretion, order the Commissioner of Children and Families to conduct an assessment of such relative granted intervenor status pursuant to this subdivision.

(5) Any relative granted intervenor status pursuant to this subsection shall not be entitled to court-appointed counsel or representation by Division of Public Defender Services assigned counsel, except as provided in section 46b-136 .

(e) If any parent or guardian fails, after service of such order, to appear at the preliminary hearing, the court may enter or sustain an order of temporary custody.

(f) Upon request, or upon its own motion, the court shall schedule a hearing on the order for temporary custody or the order to appear to be held not later than ten days after the date of the preliminary hearing. Such hearing shall be held on consecutive days except for compelling circumstances or at the request of the parent or guardian.

(g) At a contested hearing on the order for temporary custody or order to appear, credible hearsay evidence regarding statements of the child or youth made to a mandated reporter or to a parent may be offered by the parties and admitted by the court upon a finding that the statement is reliable and trustworthy and that admission of such statement is reasonably necessary. A signed statement executed by a mandated reporter under oath may be admitted by the court without the need for the mandated reporter to appear and testify unless called by a respondent or the child, provided the statement: (1) Was provided at the preliminary hearing and promptly upon request to any counsel appearing after the preliminary hearing; (2) reasonably describes the qualifications of the reporter and the nature of his contact with the child; and (3) contains only the direct observations of the reporter, and statements made to the reporter that would be admissible if the reporter were to testify to them in court and any opinions reasonably based thereupon. If a respondent or the child gives notice at the preliminary hearing that he intends to cross-examine the reporter, the person filing the petition shall make the reporter available for such examination at the contested hearing.

(h) If any parent or guardian fails, after due notice of the hearing scheduled pursuant to subsection (g) of this section and without good cause, to appear at the scheduled date for a contested hearing on the order of temporary custody or order to appear, the court may enter or sustain an order of temporary custody.

(i) When a petition is filed in said court for the commitment of a child or youth, the Commissioner of Children and Families shall make a thorough investigation of the case and shall cause to be made a thorough physical and mental examination of the child or youth if requested by the court. The court after hearing may also order a thorough physical or mental examination, or both, of a parent or guardian whose competency or ability to care for a child or youth before the court is at issue. The expenses incurred in making such physical and mental examinations shall be paid as costs of commitment are paid.

(j) (1) For the purposes of this subsection and subsection (k) of this section, (A) “permanent legal guardianship” means a permanent guardianship, as defined in section 45a-604 , (B) “caregiver” means (i) a fictive kin caregiver, as defined in section 17a-114 , who is caring for a child, (ii) a relative caregiver, as defined in section 17a-126 , who is caring for a child, or (iii) a person who is licensed or approved to provide foster care pursuant to section 17a-114 , who is caring for a child, and (C) “trial home visit” means the temporary placement of a child or youth committed to the Commissioner of Children and Families in the home of such child's or youth's parent or guardian.

(2) Upon finding and adjudging that any child or youth is uncared for, neglected or abused the court may (A) commit such child or youth to the Commissioner of Children and Families, and such commitment shall remain in effect until further order of the court, except that such commitment may be revoked or parental rights terminated at any time by the court; (B) vest such child's or youth's legal guardianship in any private or public agency that is permitted by law to care for neglected, uncared for or abused children or youths or with any other person or persons found to be suitable and worthy of such responsibility by the court, including, but not limited to, any relative of such child or youth by blood or marriage; (C) vest such child's or youth's permanent legal guardianship in any person or persons found to be suitable and worthy of such responsibility by the court, including, but not limited to, any relative of such child or youth by blood or marriage in accordance with the requirements set forth in subdivision (6) of this subsection; or (D) place the child or youth in the custody of the parent or guardian with protective supervision by the Commissioner of Children and Families subject to conditions established by the court.

(3) If the court approves a permanency plan filed with the court that recommends the reunification of the child or youth with such child's or youth's parent or guardian, the Commissioner of Children and Families may, with the agreement of all parties of record, authorize a trial home visit prior to the revocation of the order of commitment pertaining to such child or youth. The commissioner shall (A) provide the court and all parties of record written notice of the commissioner's intent to authorize any such trial home visit not later than fifteen days prior to such authorization; (B) create a trial home visit plan that shall be provided to all parties of record, and include, but need not be limited to, announced and unannounced visits to the home by the department and the provision of any services during such trial home visit that the commissioner determines are necessary to promote the child's or youth's well-being; and (C) file a motion for revocation of commitment not later than thirty days after the date such trial home visit commences, unless the commissioner removes the child or youth from the home prior to that time pursuant to its responsibility and authority over children and youth committed to the care and custody of the commissioner. A trial home visit authorized under this section shall remain in effect until the commissioner removes such child or youth pursuant to subparagraph (C) of this subdivision or the court grants a motion for revocation of commitment filed pursuant to said subparagraph.

(4) If the court determines that the commitment should be revoked and the child's or youth's legal guardianship or permanent legal guardianship should vest in someone other than the respondent parent, parents or former guardian, or if parental rights are terminated at any time, there shall be a rebuttable presumption that an award of legal guardianship or permanent legal guardianship upon revocation to, or adoption upon termination of parental rights by, any caregiver or person or who is, pursuant to an order of the court, the temporary custodian of the child or youth at the time of the revocation or termination, shall be in the best interests of the child or youth and that such caregiver is a suitable and worthy person to assume legal guardianship or permanent legal guardianship upon revocation or to adopt such child or youth upon termination of parental rights. The presumption may be rebutted by a preponderance of the evidence that an award of legal guardianship or permanent legal guardianship to, or an adoption by, such caregiver would not be in the child's or youth's best interests and such caregiver is not a suitable and worthy person. The court shall order specific steps that the parent must take to facilitate the return of the child or youth to the custody of such parent.

(5) The commissioner shall be the guardian of such child or youth for the duration of the commitment, provided the child or youth has not reached the age of eighteen years, or until another guardian has been legally appointed, and in like manner, upon such vesting of the care of such child or youth, such other public or private agency or individual shall be the guardian of such child or youth until such child or youth has reached the age of eighteen years or, in the case of a child or youth in full-time attendance in a secondary school, a technical education and career school, a college or a state-accredited job training program, until such child or youth has reached the age of twenty-one years or until another guardian has been legally appointed. The commissioner may place any child or youth so committed to the commissioner in a suitable foster home or in the home of a fictive kin caregiver, relative caregiver, or in a licensed child-caring institution or in the care and custody of any accredited, licensed or approved child-caring agency, within or without the state, provided a child shall not be placed outside the state except for good cause and unless the parents or guardian of such child are notified in advance of such placement and given an opportunity to be heard, or in a receiving home maintained and operated by the commissioner. When placing such child or youth, the commissioner shall provide written notification of the placement, including the name, address and other relevant contact information relating to the placement, to any attorney or guardian ad litem appointed to represent the child or youth pursuant to subsection (c) of this section. The commissioner shall provide written notification to such attorney or guardian ad litem of any change in placement of such child or youth, including a hospitalization or respite placement, and if the child or youth absconds from care. The commissioner shall provide such written notification not later than ten business days prior to the date of change of placement in a nonemergency situation, or not later than two business days following the date of a change of placement in an emergency situation. In placing such child or youth, the commissioner shall, if possible, select a home, agency, institution or person of like religious faith to that of a parent of such child or youth, if such faith is known or may be ascertained by reasonable inquiry, provided such home conforms to the standards of the commissioner and the commissioner shall, when placing siblings, if possible, place such children together. At least ten days prior to transferring a child or youth to a second or subsequent placement, the commissioner shall give written notice to such child or youth and such child's or youth's attorney of said commissioner's intention to make such transfer, unless an emergency or risk to such child's or youth's well-being necessitates the immediate transfer of such child and renders such notice impossible. Upon the issuance of an order committing the child or youth to the commissioner, or not later than sixty days after the issuance of such order, the court shall determine whether the department made reasonable efforts to keep the child or youth with his or her parents or guardian prior to the issuance of such order and, if such efforts were not made, whether such reasonable efforts were not possible, taking into consideration the child's or youth's best interests, including the child's or youth's health and safety.

(6) A youth who is committed to the commissioner pursuant to this subsection and has reached eighteen years of age may remain in the care of the commissioner, by consent of the youth and provided the youth has not reached the age of twenty-one years of age, if the youth is (A) enrolled in a full-time approved secondary education program or an approved program leading to an equivalent credential; (B) enrolled full time in an institution which provides postsecondary or vocational education; or (C) participating full time in a program or activity approved by said commissioner that is designed to promote or remove barriers to employment. The commissioner, in the commissioner's discretion, may waive the provision of full-time enrollment or participation based on compelling circumstances. Not more than one hundred twenty days after the youth's eighteenth birthday, the department shall file a motion in the superior court for juvenile matters that had jurisdiction over the youth's case prior to the youth's eighteenth birthday for a determination as to whether continuation in care is in the youth's best interest and, if so, whether there is an appropriate permanency plan. The court, in its discretion, may hold a hearing on said motion.

(7) Prior to issuing an order for permanent legal guardianship, the court shall provide notice to each parent that the parent may not file a motion to terminate the permanent legal guardianship, or the court shall indicate on the record why such notice could not be provided, and the court shall find by clear and convincing evidence that the permanent legal guardianship is in the best interests of the child or youth and that the following have been proven by clear and convincing evidence:

(A) One of the statutory grounds for termination of parental rights exists, as set forth in subsection (j) of section 17a-112 , or the parents have voluntarily consented to the establishment of the permanent legal guardianship;

(B) Adoption of the child or youth is not possible or appropriate;

(C) (i) If the child or youth is at least twelve years of age, such child or youth consents to the proposed permanent legal guardianship, or (ii) if the child is under twelve years of age, the proposed permanent legal guardian is: (I) A relative, (II) a caregiver, or (III) already serving as the permanent legal guardian of at least one of the child's siblings, if any;

(D) The child or youth has resided with the proposed permanent legal guardian for at least a year; and

(E) The proposed permanent legal guardian is (i) a suitable and worthy person, and (ii) committed to remaining the permanent legal guardian and assuming the right and responsibilities for the child or youth until the child or youth attains the age of majority.

(8) An order of permanent legal guardianship may be reopened and modified and the permanent legal guardian removed upon the filing of a motion with the court, provided it is proven by a fair preponderance of the evidence that the permanent legal guardian is no longer suitable and worthy. A parent may not file a motion to terminate a permanent legal guardianship. If, after a hearing, the court terminates a permanent legal guardianship, the court, in appointing a successor legal guardian or permanent legal guardian for the child or youth shall do so in accordance with this subsection.

(k) (1) (A) Nine months after placement of the child or youth in the care and custody of the commissioner pursuant to a voluntary placement agreement, or removal of a child or youth pursuant to section 17a-101g or an order issued by a court of competent jurisdiction, whichever is earlier, the commissioner shall file a motion for review of a permanency plan if the child or youth has not reached his or her eighteenth birthday. Nine months after a permanency plan has been approved by the court pursuant to this subsection or subdivision (5) of subsection (j) of this section, the commissioner shall file a motion for review of the permanency plan. Any party seeking to oppose the commissioner's permanency plan, including a relative of a child or youth by blood or marriage who has intervened pursuant to subsection (d) of this section and is licensed as a foster parent for such child or youth or is vested with such child's or youth's temporary custody by order of the court, shall file a motion in opposition not later than thirty days after the filing of the commissioner's motion for review of the permanency plan, which motion shall include the reason therefor. A permanency hearing on any motion for review of the permanency plan shall be held not later than ninety days after the filing of such motion. The court shall hold evidentiary hearings in connection with any contested motion for review of the permanency plan and credible hearsay evidence regarding any party's compliance with specific steps ordered by the court shall be admissible at such evidentiary hearings. The commissioner shall have the burden of proving that the proposed permanency plan is in the best interests of the child or youth. After the initial permanency hearing, subsequent permanency hearings shall be held not less frequently than every twelve months while the child or youth remains in the custody of the Commissioner of Children and Families or, if the youth is over eighteen years of age, while the youth remains in voluntary placement with the department. The court shall provide notice to the child or youth, the parent or guardian of such child or youth, and any intervenor of the time and place of the court hearing on any such motion not less than fourteen days prior to such hearing.

(B) (i) If a child is at least twelve years of age, the child's permanency plan, and any revision to such plan, shall be developed in consultation with the child. In developing or revising such plan, the child may consult up to two individuals participating in the department's case plan regarding such child, neither of whom shall be the foster parent or caseworker of such child. One individual so selected by such child may be designated as the child's advisor for purposes of developing or revising the permanency plan. Regardless of the child's age, the commissioner shall provide not less than five days' advance written notice of any permanency team meeting concerning the child's permanency plan to an attorney or guardian ad litem appointed to represent the child pursuant to subsection (c) of this section.

(ii) If a child is at least twelve years of age, the commissioner shall notify the parent or guardian, foster parent and child of any administrative case review regarding such child's commitment not less than five days prior to such review and shall make a reasonable effort to schedule such review at a time and location that allows the parent or guardian, foster parent and child to attend.

(iii) If a child is at least twelve years of age, such child shall, whenever possible, identify not more than three adults with whom such child has a significant relationship and who may serve as a permanency resource. The identity of such adults shall be recorded in the case plan of such child.

(2) At a permanency hearing held in accordance with the provisions of subdivision (1) of this subsection, the court shall approve a permanency plan that is in the best interests of the child or youth and takes into consideration the child's or youth's need for permanency. The child's or youth's health and safety shall be of paramount concern in formulating such plan. Such permanency plan may include the goal of (A) revocation of commitment and reunification of the child or youth with the parent or guardian, with or without protective supervision; (B) transfer of guardianship or permanent legal guardianship; (C) filing of termination of parental rights and adoption; or (D) for a child sixteen years of age or older, another 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 interests of the child or youth for the permanency plan to include the goals in subparagraphs (A) to (C), inclusive, of this subdivision. Such other planned permanent living arrangement shall, whenever possible, include an adult who has a significant relationship with the child, and who is willing to be a permanency resource, and may include, but not be limited to, placement of a youth in an independent living program or long term foster care with an identified foster parent.

(3) If the permanency plan for a child sixteen years of age or older includes the goal of another planned permanent living arrangement pursuant to subparagraph (D) of subdivision (2) of this subsection or subdivision (3) of subsection (c) of section 17a-111b , the department shall document for the court: (A) The manner and frequency of efforts made by the department to return the child home or to secure placement for the child with a fit and willing relative, legal guardian or adoptive parent; and (B) the steps the department has taken to ensure (i) the child's foster family home or child care institution is following a reasonable and prudent parent standard, as defined in section 17a-114d ; and (ii) the child has regular opportunities to engage in age appropriate and developmentally appropriate activities, as defined in section 17a-114d .

(4) At a permanency hearing held in accordance with the provisions of subdivision (1) of this subsection, the court shall (A) (i) ask the child or youth about his or her desired permanency outcome, or (ii) if the child or youth is unavailable to appear at such hearing, require the attorney for the child or youth to consult with the child or youth regarding the child's or youth's desired permanency outcome and report the same to the court, (B) review the status of the child or youth, (C) review the progress being made to implement the permanency plan, (D) determine a timetable for attaining the permanency plan, (E) determine the services to be provided to the parent if the court approves a permanency plan of reunification and the timetable for such services, and (F) determine whether the commissioner has made reasonable efforts to achieve the permanency plan. The court may revoke commitment if a cause for commitment no longer exists and it is in the best interests of the child or youth.

(5) If the permanency plan for a child sixteen years of age or older includes the goal of another planned permanent living arrangement pursuant to subparagraph (D) of subdivision (2) of this subsection, the court shall (A) (i) ask the child about his or her desired permanency outcome, or (ii) if the child is unavailable to appear at a permanency hearing held in accordance with the provisions of subdivision (1) of this subsection, require the attorney for the child to consult with the child regarding the child's desired permanency outcome and report the same to the court; (B) make a judicial determination that, as of the date of hearing, another planned permanent living arrangement is the best permanency plan for the child; and (C) document the compelling reasons why it is not in the best interest of the child to return home or to be placed with a fit and willing relative, legal guardian or adoptive parent.

(6) If the court approves the permanency plan of adoption: (A) The Commissioner of Children and Families shall file a petition for termination of parental rights not later than sixty days after such approval if such petition has not previously been filed; (B) the commissioner may conduct a thorough adoption assessment and child-specific recruitment; and (C) the court may order that the child be photo-listed within thirty days if the court determines that such photo-listing is in the best interests of the child or youth. As used in this subdivision, “thorough adoption assessment” means conducting and documenting face-to-face interviews with the child or youth, foster care providers and other significant parties and “child specific recruitment” means recruiting an adoptive placement targeted to meet the individual needs of the specific child or youth, including, but not limited to, use of the media, use of photo-listing services and any other in-state or out-of-state resources that may be used to meet the specific needs of the child or youth, unless there are extenuating circumstances that indicate that such efforts are not in the best interests of the child or youth.

(l) The Commissioner of Children and Families shall pay directly to the person or persons furnishing goods or services determined by said commissioner to be necessary for the care and maintenance of such child or youth the reasonable expense thereof, payment to be made at intervals determined by said commissioner; and the Comptroller shall draw his or her order on the Treasurer, from time to time, for such part of the appropriation for care of committed children or youths as may be needed in order to enable the commissioner to make such payments. The commissioner shall include in the department's annual budget a sum estimated to be sufficient to carry out the provisions of this section. Notwithstanding that any such child or youth has income or estate, the commissioner may pay the cost of care and maintenance of such child or youth. The commissioner may bill to and collect from the person in charge of the estate of any child or youth aided under this chapter, or the payee of such child's or youth's income, the total amount expended for care of such child or youth or such portion thereof as any such estate or payee is able to reimburse, provided the commissioner shall not collect from such estate or payee any reimbursement for the cost of care or other expenditures made on behalf of such child or youth from (1) the proceeds of any cause of action received by such child or youth; (2) any lottery proceeds due to such child or youth; (3) any inheritance due to such child or youth; (4) any payment due to such child or youth from a trust other than a trust created pursuant to 42 USC 1396p, as amended from time to time; or (5) the decedent estate of such child or youth.

(m) The commissioner, a parent or the child's attorney may file a motion to revoke a commitment, and, upon finding that cause for commitment no longer exists, and that such revocation is in the best interests of such child or youth, the court may revoke the commitment of such child or youth. No such motion shall be filed more often than once every six months.

(n) If the court has ordered legal guardianship of a child or youth to be vested in a suitable and worthy person pursuant to subsection (j) of this section, the child's or youth's parent or former legal guardian may file a motion to reinstate guardianship of the child or youth in such parent or former legal guardian. Upon the filing of such a motion, the court may order the Commissioner of Children and Families to investigate the home conditions and needs of the child or youth and the home conditions of the person seeking reinstatement of guardianship, and to make a recommendation to the court. A party to a motion for reinstatement of guardianship shall not be entitled to court-appointed counsel or representation by Division of Public Defender Services assigned counsel, except as provided in section 46b-136 . Upon finding that the cause for the removal of guardianship no longer exists, and that reinstatement is in the best interests of the child or youth, the court may reinstate the guardianship of the parent or the former legal guardian. No such motion may be filed more often than once every six months.

(o) Upon service on the parent, guardian or other person having control of the child or youth of any order issued by the court pursuant to the provisions of subsections (b) and (j) of this section, the child or youth concerned shall be surrendered to the person serving the order who shall forthwith deliver the child or youth to the person, agency, department or institution awarded custody in the order. Upon refusal of the parent, guardian or other person having control of the child or youth to surrender the child or youth as provided in the order, the court may cause a warrant to be issued charging the parent, guardian or other person having control of the child or youth with contempt of court. If the person arrested is found in contempt of court, the court may order such person confined until the person complies with the order, but for not more than six months, or may fine such person not more than five hundred dollars, or both.

(p) A foster parent, prospective adoptive parent or relative caregiver shall receive notice and have the right to be heard for the purposes of this section in Superior Court in any proceeding concerning a foster child living with such foster parent, prospective adoptive parent or relative caregiver. A foster parent, prospective adoptive parent or relative caregiver who has cared for a child or youth shall have the right to be heard and comment on the best interests of such child or youth in any proceeding under this section which is brought not more than one year after the last day the foster parent, prospective adoptive parent or relative caregiver provided such care. Any notice provided pursuant to this subsection shall include the Internet web site address for any proceeding that will be conducted on a virtual platform. The court shall confirm compliance with the notice requirements set forth in this subsection at any such proceeding.

(q) Upon motion of any sibling of any child committed to the Department of Children and Families pursuant to this section, such sibling shall have the right to be heard concerning visitation with, and placement of, any such child. In awarding any visitation or modifying any placement, the court shall be guided by the best interests of all siblings affected by such determination.

(r) The provisions of section 17a-152 , regarding placement of a child from another state, and section 17a-175 , regarding the Interstate Compact on the Placement of Children, shall apply to placements pursuant to this section. In any proceeding under this section involving the placement of a child or youth in another state where the provisions of section 17a-175 are applicable, the court shall, before ordering or approving such placement, state for the record the court's finding concerning compliance with the provisions of section 17a-175 . The court's statement shall include, but not be limited to: (1) A finding that the state has received notice in writing from the receiving state, in accordance with subsection (d) of Article III of section 17a-175 , indicating that the proposed placement does not appear contrary to the interests of the child, (2) the court has reviewed such notice, (3) whether or not an interstate compact study or other home study has been completed by the receiving state, and (4) if such a study has been completed, whether the conclusions reached by the receiving state as a result of such study support the placement.

(s) In any proceeding under this section, the Department of Children and Families shall provide notice to (1) each attorney of record for each party involved in the proceeding when the department seeks to transfer a child or youth in its care, custody or control to an out-of-state placement, and (2) the attorney for the child or youth, and any guardian ad litem for such child or youth, of (A) any new report of abuse or neglect pertaining to such child or youth or such child's or youth's parent or guardian received pursuant to section 17a-103a , (B) whether such report resulted in an investigation, and (C) the results of any such investigation.

(t) If a child or youth is placed into out-of-home care by the Commissioner of Children and Families pursuant to this section, the commissioner shall include in any report the commissioner submits to the court information regarding (1) the safety and suitability of such child's or youth's placement, taking into account the requirements set forth in section 17a-114 ; (2) whether the department has received or obtained the most recent information concerning such child's or youth's medical, dental, developmental, educational and treatment needs from any relevant service providers; (3) a timeline for ensuring that such needs are met; (4) for any such child or youth under three years of age, whether the child or youth was screened for developmental and social-emotional delays pursuant to section 17a-106e , whether any such delays were identified and, if so, whether the child or youth was referred to the birth-to-three program pursuant to said section; (5) the dates of administrative case review meetings and permanency team meetings; (6) any new report alleging abuse or neglect pertaining to such child or youth or a parent or guardian of such child or youth pursuant to section 17a-103a , and (A) whether such report resulted in an investigation, and (B) the findings of any such investigation; and (7) any new criminal charges pending against any such parent or guardian. Such information shall also be submitted to the court (A) not later than ninety days after such child or youth is placed into out-of-home care; (B) if such child's or youth's out-of-home placement changes; and (C) if the commissioner files a permanency plan on behalf of such child or youth. The court shall consider such information in making decisions regarding such child's or youth's best interests.

(u) Prior to the issuance of any order affecting the legal status or placement of a child in any proceeding under this section, the court shall confirm that (1) any attorney for such child has obtained a clear understanding of the situation and the needs of such child, as described in 42 USC 5106a(b)(2)(B), as amended from time to time; (2) any guardian ad litem for such child has performed an independent investigation of the case and is prepared to present information pertinent to the court's determination of the best interests of such child, in accordance with the provisions of subparagraph (D) of subdivision (2) of section 46b-129a ; and (3) any attorney or guardian ad litem for such child has (A) communicated regularly with such child, or, in the case of a nonverbal child, such child's caregivers and service providers, and (B) visited with such child with sufficient frequency as to be informed of such child's situation and needs.

(v) In any proceeding to review, modify, terminate or extend an order of protective supervision, the Department of Children and Families shall file with the court information concerning (1) whether the department has received or obtained the most up-to-date information concerning the child's medical, dental, developmental, educational and treatment needs from any relevant service providers; (2) whether the child has received services recommended by any such providers and a description of any concerns identified by such providers; (3) a description of (A) any new report alleging abuse or neglect pertaining to the child or a parent of the child received pursuant to section 17a-103a , (B) whether such report resulted in an investigation, and (C) the findings of any such investigation; (4) any new criminal charges pending against any such parent; and (5) for any child under three years of age, whether the child was screened for developmental and social-emotional delays pursuant to section 17a-106e , whether any such delays were identified and, if so, whether the child was referred to the birth-to-three program pursuant to said section.

(w) In any proceeding under this section, the Department of Children and Families shall identify the source of any documentation, statements or allegations included in the department's submissions to the court and the date or dates upon which any such information was obtained by the department.

See Sec. 17a-109 re commitment of children to child-caring institutions.

Annotations to former sections 17-62 and 51-310:

Foster parents are not parents for purposes of Subsec. (f). 171 C. 630.

Cited. 4 CS 254. Youth and emotional instability of parents held not sufficient to warrant finding that child was uncared for or neglected. 21 CS 154. Cited. 26 CS 316; 33 CS 193.

Annotations to present section:

Cited. 177 C. 648; 179 C. 155; 187 C. 431; 188 C. 259; 190 C. 310; 192 C. 254. Confers exclusive jurisdiction on Superior Court to enter orders in cases in which there is finding that child or youth is uncared for, neglected or dependent upon filing of a neglect petition. 195 C. 344. Cited. 211 C. 151; 216 C. 563. Cannot be read together with Sec. 45a-717(f)(3) so as to permit the custody determination made under this section to lead directly to the termination determination made under Sec. 45a-717(f)(3); judgment in 25 CA 586 reversed. 223 C. 492. Cited. 224 C. 263; 230 C. 459; 238 C. 146. Temporary custody orders entered by Superior Court for juvenile matters pursuant to Subsecs. (a) and (b) are final judgments for purposes of appeal. 256 C. 383. Superior Court has exclusive jurisdiction when a neglect petition is filed pursuant to section; existence of a will appointing testamentary guardian does not deprive it of that jurisdiction. 260 C. 182. Superior Court for juvenile matters did not lose subject matter jurisdiction because the youth, who was seeking relief in the proceeding, attained the age of 18, except that Superior Court for juvenile matters lacked subject matter jurisdiction over the youth's claim under Subsec. (j) because the youth was over age of 18 and had not alleged factual predicate that he was in full-time attendance in a secondary school, training school, college or job training program. 297 C. 673. Noncustodial parent cannot be prohibited from entering a plea in a neglect proceeding if parent is seeking to contest the issue of whether the child was neglected; although section refers to “the parent” in the singular, it does not limit the giving of advice or the acceptance of a plea to custodial parents. 301 C. 245. Court lacks authority under section to adjudicate a person who has reached age 18 as neglected or uncared-for and to commit such person to the care of department, regardless of the fact that the petition was filed before such person reached age 18. 303 C. 569. Court lacks authority under section to adjudicate a person neglected or uncared-for and provide dispositional relief after the person reaches age 18. Id., 584.

Cited. 1 CA 463; 6 CA 360; 8 CA 656; 9 CA 608; 13 CA 626; 19 CA 371; 22 CA 656; 26 CA 58; 29 CA 112; Id., 600; 31 CA 400; judgment reversed, see 230 C. 459; 33 CA 632; 35 CA 276; 45 CA 606. Right to family integrity is not absolute; state's intervention in family matters is justified when it is found that a child has been neglected or uncared for. 76 CA 693. Use of “shall” within statutory framework is directory and court did not lack jurisdiction. 87 CA 210. Neglect proceedings are comprised of two parts, adjudication and disposition. 132 CA 314. Read together with Sec. 46b-120, sections vest court with authority to enter interim orders that are in the best interests of children. 155 CA 624. Trial court's consideration of the age of the case in denying a motion to compel the department's provision of reunification services reflects the legislature's desire to shift the focus of juvenile proceedings from parental rights to the child's right to safety, stability, and permanency. 217 CA 330.

Cited. 39 CS 514; 41 CS 23; Id., 145; Id., 505; 42 CS 562; 43 CS 108; 44 CS 235; Id., 551. Section does not govern termination of parental rights petitions. 47 CS 273.

Subsec. (a):

Authority to draft and sign petitions to terminate parental rights not limited to attorneys. 247 C. 1. Where commitment of children not contested, respondent parents not aggrieved and exhaustion of administrative remedies not required. 262 C. 155.

Cited. 2 CA 705; 9 CA 98. Statute does not require that a respondent parent have custody for court to adjudicate a neglect petition. 51 CA 667.

Subsec. (b):

Held constitutional; burden of proof and standard of proof discussed. 189 C. 276.

Adjudication of neglect may be based on potential risk of harm. 58 CA 119. Specific steps prescribed by court may not be interpreted as orders unto themselves from which the court may issue a contempt order. 64 CA 55. Court order of temporary custody on basis that children were in imminent danger supported by evidence including that mother was suicidal, threatened to hurt herself and others, claimed to possess a gun, was under the influence of alcohol, told children to lie about her identity and refused to answer door when help arrived. 120 CA 537. A finding of immediate physical danger is a prerequisite to entry of order under Subsec. granting temporary custody of a child in one other than the child's parents. 126 CA 493. An order of temporary custody issued pursuant to Subsec. necessarily suspends or interrupts a period of protective supervision such that a previously ordered period of protective supervision cannot expire and terminate the underlying neglect petition while the order of temporary custody is in place; trial court had ongoing jurisdiction to rule on the order of temporary custody even though no new neglect petition or motion to modify had been filed. 191 CA 397.

Subsec. (c):

Does not violate due process. 10 CA 428.

Subsec. (e):

“Shall” construed to be directory rather than mandatory. 9 CA 506. Cited. 23 CA 410. Department of Children and Families may petition for an extension of commitment pursuant to section even when petition to terminate parental rights is pending. 40 CA 366. Order of trial court extending commitment of minor child to commissioner is final judgment for purposes of appeal. 49 CA 361.

Subsec. (g):

Before a court may rely on the statutory hearsay exception to admit the challenged statements, the petitioner has the burden of establishing a “reasonably necessary” basis why the children should not be required to testify at a contested hearing, and “reasonably necessary” does not require unavailability as a prerequisite to the admission of a hearsay statement, instead, the court should consider a number of factors in light of the circumstances of the case before it. 213 CA 541.

Subsec. (j):

Trial court must both find and adjudicate on one of three distinct grounds prior to awarding custody of child to Department of Children and Families. 276 C. 146.

Cited. 46 CA 69. Court's failure to order specific steps to facilitate reunification after a finding of neglect, although in error, did not preclude the termination of respondent's parental rights on the basis of abandonment pursuant to Sec. 17a-112(j). 111 CA 500. 18-year-old petitioner failed to establish factual predicate to allow court to commit petitioner to Department of Children and Families pursuant to Subsec. 125 CA 572; Id., 584. Subsec. is the basis on which the legislature intended a court to adjudicate a motion to transfer guardianship of a child or youth from Commissioner of Children and Families to an individual other than the parent or former guardian. 151 CA 820. Subsec. contains no presumption in favor of a parent; Sec. 46b-56b does not apply to proceeding under this section. 153 CA 599. A determination of whether a proposed guardian is a suitable and worthy caregiver is not required prior to proceeding to the best interests determination because a party seeking to transfer guardianship must satisfy both determination requirements. Id., 786. A court's disposition of neglect proceeding awarding custody and guardianship of child to one parent deprives the court of continuing jurisdiction over other parent's possible future reunification with child and requires the cessation of such reunification efforts. 165 CA 604.

Subsec. (k):

The approval or rejection of a permanency plan under section is not an appealable final judgment; the current statutory scheme for proposing permanency plans deals with future goals for custody of the child and there is nothing in the language of the section that would suggest that the court's authority to revoke commitment is any greater during a permanency hearing than it is at any other point during the proceedings and the respondent will not suffer irreparable harm in the absence of an immediate appeal. 221 CA 59.

Subsec. (m):

Because Subsec. directs the court to make two findings, first, that there no longer is a cause for commitment, and second, that revoking the commitment is in the child's best interest, Subsec. carries the implication that, at least when a motion for revocation of commitment is contested, an evidentiary hearing shall be held and the moving party must establish facts necessary to warrant revocation of the commitment. 297 C. 737.

Because respondent parents have not exhausted their statutory remedy of moving to revoke commitment pursuant to section, court lacks jurisdiction over their claim. 66 CA 305. Notwithstanding trial court's failure to make express finding with respect to whether a cause for commitment remained for two minor children committed to custody of Commissioner of Children and Families, trial court's denial of respondent mother's motion to revoke the commitment was proper given its clear and unequivocal finding that it would be in the best interests of the children to remain with their foster parents. 93 CA 25. Trial court improperly revoked, sua sponte, child's commitment to Department of Children and Families and acted outside scope of its authority pursuant to section by opening judgment and revoking commitment without proper evidence, without giving notice to the parties and foster mother, and without giving foster mother opportunity to be heard as required by Subsec. (o). 98 CA 319. Moving party has burden to prove that cause for commitment no longer exists. 116 CA 83. Procedures set forth in Subsec. and Practice Book Sec. 35a-14A strike the appropriate balance between petitioner's and respondent's interests, and comply with the constitution's procedural due process requirements. Subsec. does not infringe on respondent's right to substantive due process because respondent was seeking to acquire custody of daughter from petitioner following daughter's commitment, rather than seeking to prevent interference with an existing and ongoing parent/child relationship. 183 CA 327. Procedures set forth in Subsec. and Practice Book Sec. 35a-14A strike the appropriate balance between petitioner's and respondent's interests, and comply with the constitution's procedural due process requirements. Subsec. does not infringe on respondent's right to substantive due process because respondent was seeking to acquire custody of daughter from petitioner following daughter's commitment, rather than seeking to prevent interference with an existing and ongoing parent/child relationship. 183 CA 327.

Subsec. (n):

A parent who has demonstrated that the reasons that led to the removal of that parent's guardianship rights have been resolved satisfactorily is constitutionally entitled to a presumption that reinstatement is in the best interests of the child, and this presumption applies when the current guardian is a nonparent, but does not apply in a dispute between two parents, and a nonparent must rebut this presumption by clear and convincing evidence. 213 CA 858.
Conn. Gen. Stat. § 46a-13b — Connecticut Code / Title 46a / Chapter 813a / Section 46a-13b
Sec. 46a-13b. Office of the Victim Advocate established.
Status: in_force

(b) Notwithstanding any other provision of the general statutes, the Victim Advocate shall act independently of any state department in the performance of the advocate's duties.

(c) The Victim Advocate may, within available funds, appoint such staff as may be deemed necessary. The duties of the staff may include the duties of the Victim Advocate if performed under the direction of the Victim Advocate.

(d) The General Assembly may annually appropriate such sums as necessary for the payment of the salaries of the staff and for the payment of office expenses and other actual expenses incurred by the Victim Advocate in the performance of the advocate's duties.

(e) The Victim Advocate shall annually submit, in accordance with the provisions of section 11-4a , to the Governor, the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary and the advisory committee established pursuant to section 46a-13h a detailed report analyzing the work of the Office of the Victim Advocate.
Conn. Gen. Stat. § 46b-133b — Connecticut Code / Title 46b / Chapter 815t / Section 46b-133b
Sec. 46b-133b. Suspension of delinquency proceedings for treatment for alcohol or drug dependency.
Status: in_force

(b) The court, upon motion of the child charged with a delinquency offense but not yet convicted, may order the suspension of the delinquency proceedings for a period of up to one year, order periodic alcohol and drug testing of such child during the period of suspension and order treatment for alcohol or drug dependency if the court, after consideration of information before it concerning the alcohol or drug dependency of the child, finds that (1) the child is alcohol-dependent or drug-dependent as defined in section 46b-120 , (2) the child presently needs and is likely to benefit from treatment for the dependency, and (3) the suspension of the delinquency proceedings will advance the interests of justice. During the period of suspension, a child shall be placed under the supervision of a juvenile probation officer for treatment for alcohol or drug dependency and such officer shall monitor the compliance of the child with the orders of the court.

(c) If the court denies the motion for suspension of the delinquency proceedings, the prosecutorial official may proceed with the delinquency proceedings. Any order of the court granting or denying a motion for suspension of the delinquency proceedings shall not be deemed a final order for purposes of appeal.

(d) At any time before the end of the period of the suspension of the delinquency proceedings, but not later than one month before the end of the period of suspension, a juvenile probation officer shall notify the court of the impending conclusion of the suspension and submit a report on whether the child has completed the treatment program and has complied with all other conditions of the suspension order imposed by the court.

(e) If the court, on motion of the child or on its own motion, finds that the child has completed the treatment program and has complied with all other conditions of suspension, it may dismiss the charge for which the delinquency proceedings had been suspended. If the court denies the motion and terminates the suspension of the delinquency proceedings, the prosecutorial official may proceed with such proceedings.

(f) The provisions of this section shall not apply to any child charged with a serious juvenile offense as defined in section 46b-120 or any child who was previously ordered treated under this section.
Conn. Gen. Stat. § 46b-36g — Connecticut Code / Title 46b / Chapter 815e / Section 46b-36g
Sec. 46b-36g. Enforcement of premarital agreement.
Status: in_force

(1) Such party did not execute the agreement voluntarily; or

(2) The agreement was unconscionable when it was executed or when enforcement is sought; or

(3) Before execution of the agreement, such party was not provided a fair and reasonable disclosure of the amount, character and value of property, financial obligations and income of the other party; or

(4) Such party was not afforded a reasonable opportunity to consult with independent counsel.

(b) If a provision of a premarital agreement modifies or eliminates spousal support and such modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid such eligibility.

(c) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.

Connecticut Premarital Agreement Act endorses, clarifies and codifies McHugh standards and does not require attachment to the agreement of written financial disclosures, signatures of both parties if signed by party seeking to invalidate the contract, and delivery of the agreement to each signing party. 48 CS 502.

Subsec. (a):

Presentation of draft of prenuptial agreement 1 week before wedding is not sufficient to show lack of opportunity of adequate financial disclosure by defendant, where defendant informed plaintiff 2 months before the wedding that defendant wanted a prenuptial agreement; demonstration of reasonable opportunity to consult with legal counsel under section only requires opportunity for consultation, consistent with interpretation of identical statutory language. 281 C. 166.

Prenuptial agreement that disclosed approximate property holdings and other financial obligations but failed to provide sufficient income information was unenforceable under Subsec.; “fair and reasonable disclosure” need not be exact but must at least provide a general approximation of amount, character and value of property, financial obligations and income. 132 CA 609.
Conn. Gen. Stat. § 46b-35b — Connecticut Code / Title 46b / Chapter 815e / Section 46b-35b
Sec. 46b-35b. Effect of marriage equality law on provision of adoption, foster care or social services by religious organization.
Status: repealed

*Note: Public act 09-13 is entitled “An Act Implementing the Guarantee of Equal Protection Under the Constitution of the State for Same Sex Couples”. (See Reference Table captioned “Public Acts of 2009” in Volume 16 which lists the sections amended, created or repealed by the act.)
Conn. Gen. Stat. § 46b-121h — Connecticut Code / Title 46b / Chapter 815t / Section 46b-121h
Sec. 46b-121h. Goals of juvenile justice system.
Status: in_force

(1) Hold juveniles accountable for their unlawful behavior;

(2) Provide secure and therapeutic confinement to those juveniles who present a danger to the community;

(3) Adequately protect the community and juveniles;

(4) Provide programs and services that are community-based and in close proximity to the juvenile's community;

(5) Maintain and support juveniles within their homes whenever possible and appropriate;

(6) Base probation case planning upon individual risks and needs;

(7) Include the juvenile's family in case planning;

(8) Provide supervision and service coordination where appropriate and implement and monitor the case plan in order to discourage reoffending;

(9) Provide follow-up and community-based services to juveniles who are returned to their families or communities;

(10) Promote the development and implementation of community-based programs designed to prevent reoffending and to effectively minimize the depth and duration of the juvenile's involvement in the juvenile justice system; and

(11) Create and maintain programs for juveniles that (A) are developmentally appropriate, trauma informed and gender responsive, and (B) incorporate restorative principles and practices.
Conn. Gen. Stat. § 46a-150 — Connecticut Code / Title 46a / Chapter 814e / Section 46a-150
Sec. 46a-150. Definitions.
Status: in_force

(1) “Provider of care or supervision of a person at risk” and “provider” mean a person who provides direct care or supervision of a person at risk.

(2) “Assistant provider of care or supervision of a person at risk” and “assistant” mean a person assigned to provide, or who may be called upon in an emergency to provide, assistance or security to a provider of care or supervision of a person at risk.

(3) “Person at risk” means a person receiving care or supervision in an institution or facility operated by, licensed or authorized to operate by or operating pursuant to a contract with the Departments of Public Health, Developmental Services, Children and Families, or Mental Health and Addiction Services. The term does not include a person in the custody of the Commissioner of Correction, or a resident or patient of a nursing home subject to federal regulations concerning restraint of residents or patients.

(4) “Life-threatening physical restraint” means any physical restraint or hold of a person that restricts the flow of air into a person's lungs, whether by chest compression or any other means.

(5) “Physical restraint” means any mechanical or personal restriction that immobilizes or reduces the free movement of a person's arms, legs or head. The term does not include: (A) Briefly holding a person in order to calm or comfort the person; (B) restraint involving the minimum contact necessary to safely escort a person from one area to another; (C) medical devices, including, but not limited to, supports prescribed by a health care provider to achieve proper body position or balance; (D) helmets or other protective gear used to protect a person from injuries due to a fall; or (E) helmets, mitts and similar devices used to prevent self injury when the device is part of a documented treatment plan and is the least restrictive means available to prevent such self-injury.

(6) “Psychopharmacologic agent” means any medication that affects the central nervous system, influencing thinking, emotion or behavior.

(7) “Seclusion” means the confinement of a person in a room, whether alone or with staff supervision, in a manner that prevents the person from leaving, except that in the case of seclusion at Long Lane School, the term does not include the placing of a single child or youth in a secure room for the purpose of sleeping.