General Assembly Raised Bill No. 427
February Session, 2016 LCO No. 2786
*02786_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
General Assembly
Raised Bill No. 427
February Session, 2016
LCO No. 2786
*02786_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING CHILDREN IN THE JUVENILE JUSTICE SYSTEM AND GUARDIANSHIP APPOINTMENT.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 46b-141d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
Any child who is arrested and held in a detention center, an alternative detention center or a police station or courthouse lockup prior to the disposition of a juvenile matter shall, if subsequently convicted as delinquent by the Superior Court and sentenced to a period of probation or to a period of commitment to the Department of Children and Families, earn a reduction of such child's period of probation or commitment, including any extensions thereof, equal to the number of days that such child spent in such detention center or lockup.
Sec. 2. Section 45a-616 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) If any minor has no parent or guardian of his or her person, the court of probate for the district in which the minor resides may, on its own motion, appoint a guardian or coguardians of the person of the minor, taking into consideration the standards provided in section 45a-617. Such court shall take of such guardian or coguardians a written acceptance of guardianship and, if the court deems it necessary for the protection of the minor, a probate bond.
(b) If any minor has a parent or guardian, who is the sole guardian of the person of the child, the court of probate for the district in which the minor resides may, on the application of the parent or guardian of such child or of the Commissioner of Children and Families with the consent of such parent or guardian and with regard to a child within the care of the commissioner, appoint one or more persons to serve as coguardians of the child. When appointing a guardian or guardians under this subsection, the court shall take into consideration the standards provided in section 45a-617. The court may order that the appointment of a guardian or guardians under this subsection take effect immediately or, upon request of the parent or guardian, upon the occurrence of a specified contingency, including, but not limited to, the mental incapacity, physical debilitation or death of that parent or guardian. Upon the occurrence of such contingency and notice thereof by written affidavit to the probate court by the appointed guardian or guardians, such appointment shall then take effect and continue until the further order of the court, provided the court may hold a hearing to verify the occurrence of such contingency. The court shall take of such guardian or coguardians a written acceptance of guardianship, and if the court deems it necessary for the protection of the minor, a probate bond.
(c) Upon receipt by the court of an application pursuant to this section, the court shall set a time and place for a hearing to be held within thirty days of the application, unless the court requests an investigation in accordance with the provisions of section 45a-619, in which case the court shall set a day for hearing not more than thirty days following receipt of the results of the investigation. The court shall order notice of the hearing to be given to the minor, if over twelve years of age, by first class mail at least ten days prior to the date of the hearing. In addition, notice by first class mail shall be given to the petitioner and all other parties in interest known by the court.
(d) The rights and obligations of the guardian or coguardians shall be those described in subdivisions (5) and (6) of section 45a-604 and shall be shared with the parent or previously appointed guardian of the person of the minor. The rights and obligations of guardianship may be exercised independently by those who have such rights and obligations. In the event of a dispute between guardians or between a coguardian and a parent, the matter may be submitted to the court of probate which appointed the guardian or coguardian.
(e) Upon the death of the parent or guardian, any appointed guardians of the person of a minor child shall become the sole guardians or coguardians of the person of that minor child.
(f) For purposes of this section, "minor" or "minor child" means (1) a person under the age of eighteen, or (2) an unmarried person under the age of twenty-one who is dependent on a competent caregiver and consents to the appointment or continuation of a guardian after attaining the age of eighteen, solely in connection with a petition to the United States Citizenship and Immigration Services for designation of the person as having special immigrant juvenile status under 8 USC 1101(a)(27)(J).
Sec. 3. Section 45a-616a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) In appointing a guardian of the person of a minor pursuant to section 45a-616 or at any time following such appointment, the Court of Probate may establish a permanent guardianship if the court provides notice to each parent that the parent may not petition for reinstatement as guardian or petition to terminate the permanent guardianship, except as provided in subsection (b) of this section, or the court indicates on the record why such notice could not be provided, and the court finds by clear and convincing evidence that the establishment of a permanent guardianship is in the best interests of the minor and that the following have been proven by clear and convincing evidence:
(1) One of the grounds for termination of parental rights, as set forth in subparagraphs (A) to (G), inclusive, of subdivision (2) of subsection (g) of section 45a-717 exists, or the parents have voluntarily consented to the appointment of a permanent guardian;
(2) Adoption of the minor is not possible or appropriate;
(3) (A) If the minor is at least twelve years of age, such minor consents to the proposed appointment of a permanent guardian, or (B) if the minor is under twelve years of age, the proposed permanent guardian is a relative or already serving as the permanent guardian of at least one of the minor's siblings;
(4) The minor has resided with the proposed permanent guardian for at least one year; and
(5) The proposed permanent guardian is suitable and worthy and committed to remaining the permanent guardian and assuming the rights and responsibilities for the minor until the minor reaches the age of majority.
(b) If a permanent guardian appointed under this section becomes unable or unwilling to serve as permanent guardian, the court may appoint a successor guardian or permanent guardian in accordance with this section and sections 45a-616 and 45a-617, or may reinstate a parent of the minor who was previously removed as guardian of the person of the minor if the court finds that the factors that resulted in the removal of the parent as guardian have been resolved satisfactorily, and that it is in the best interests of the child to reinstate the parent as guardian.
(c) For purposes of this section, "minor" or "minor child" means (1) a person under the age of eighteen, or (2) an unmarried person under the age of twenty-one who is dependent on a competent caregiver and consents to the appointment or continuation of a guardian after attaining the age of eighteen, solely in connection with a petition to the United States Citizenship and Immigration Services for designation of the person as having special immigrant juvenile status under 8 USC 1101(a)(27)(J).
Sec. 4. Section 45a-617 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) When appointing a guardian, coguardians or permanent guardian of the person of a minor, the court shall take into consideration the following factors: (1) The ability of the prospective guardian, coguardians or permanent guardian to meet, on a continuing day to day basis, the physical, emotional, moral and educational needs of the minor; (2) the minor's wishes, if he or she is over the age of twelve or is of sufficient maturity and capable of forming an intelligent preference; (3) the existence or nonexistence of an established relationship between the minor and the prospective guardian, coguardians or permanent guardian; and (4) the best interests of the child. There shall be a rebuttable presumption that appointment of a grandparent or other relative related by blood or marriage as a guardian, coguardian or permanent guardian is in the best interests of the minor child.
(b) For purposes of this section, "minor" or "minor child" means (1) a person under the age of eighteen, or (2) an unmarried person under the age of twenty-one who is dependent on a competent caregiver and consents to the appointment or continuation of a guardian after attaining the age of eighteen, solely in connection with a petition to the United States Citizenship and Immigration Services for designation of the person as having special immigrant juvenile status under 8 USC 1101(a)(27)(J).
Sec. 5. Section 45a-608n of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) For the purposes of this section and section 45a-608o, a minor child shall be considered dependent upon the court if the court has (1) removed a parent or other person as guardian of the minor child, (2) appointed a guardian or coguardian for the minor child, (3) terminated the parental rights of a parent of the minor child, or (4) approved the adoption of the minor child.
(b) At any time during the pendency of a petition to remove a parent or other person as guardian under section 45a-609 or 45a-610, or to appoint a guardian or coguardian under section 45a-616, a party may file a petition requesting the Probate Court to make findings under this section to be used in connection with a petition to the United States Citizenship and Immigration Services for designation of the minor child as having special immigrant juvenile status under 8 USC 1101(a)(27)(J). The Probate Court shall cause notice of the hearing on the petition to be given by first class mail to each person listed in subsection (b) of section 45a-609, and such hearing may be held at the same time as the hearing on the underlying petition for removal or appointment. If the court grants the petition to remove the parent or other person as guardian or appoint a guardian or coguardian, the court shall make written findings on the following: (1) The age of the minor child; (2) the marital status of the minor child; (3) whether the minor child is dependent upon the court; (4) whether reunification of the minor child with one or both of the minor child's parents is not viable due to any of the grounds sets forth in subdivisions (2) to (5), inclusive, of section 45a-610; and (5) whether it is not in the best interests of the minor child to be returned to the minor child's or parent's country of nationality or last habitual residence.
(c) If the court has previously granted a petition to remove a parent or other person as guardian under section 45a-609 or 45a-610 or to appoint a guardian or coguardian under section 45a-616, a parent, guardian or attorney for the minor child may file a petition requesting that the court make findings under this section to be used in connection with a petition to the United States Citizenship and Immigration Services for designation of the minor child as having special immigrant juvenile status under 8 USC 1101(a)(27)(J). The court shall cause notice of the hearing on the petition to be given by first class mail to each parent, guardian and attorney for the minor child, to the minor child if the minor child is twelve years of age or older and to other persons as the court determines. The court shall make written findings on the petition in accordance with subsection (b) of this section.
(d) For purposes of this section, "minor" or "minor child" means (1) a person under the age of eighteen, or (2) an unmarried person under the age of twenty-one who is dependent on a competent caregiver and consents to the appointment or continuation of a guardian after attaining the age of eighteen, solely in connection with a petition to the United States Citizenship and Immigration Services for designation of the person as having special immigrant juvenile status under 8 USC 1101(a)(27)(J).
Sec. 6. Section 46b-146 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
(a) (1) Whenever [any] a child has been convicted as delinquent [, has been adjudicated a member of a family with service needs] for the commission of a serious juvenile offense or has signed a statement of responsibility admitting to having committed a [delinquent act] serious juvenile offense, and has subsequently been discharged from the supervision of the Superior Court or from the custody of the Department of Children and Families or from the care of any other institution or agency to [whom] which the child has been committed by the court, such child, or the child's parent or guardian, may file a petition with the Superior Court [. If such] for erasure of records pursuant to this subdivision. The court shall order all police and court records pertaining to such child be erased if the court finds [(1)] (A) that (i) at least [two years or, in the case of a child convicted as delinquent for the commission of a serious juvenile offense,] four years have elapsed from the date of such discharge, [(B) that] (ii) no subsequent juvenile proceeding or adult criminal proceeding is pending against such child, [(C) that] (iii) such child has not been convicted of a delinquent act that would constitute a felony or misdemeanor if committed by an adult during such [two-year or] four-year period, [(D) that] (iv) such child has not been convicted as an adult of a felony or misdemeanor during such [two-year or] four-year period, and [(E) that] (v) such child has reached eighteen years of age, or [(2)] (B) that such child has a criminal record as a result of being a victim of conduct by another person that constitutes a violation of section 53a-192a or a criminal violation of 18 USC Chapter 77. [, the court shall order all police and court records pertaining to such child to be erased.]
(2) Whenever a child has been convicted as delinquent for the commission of a delinquent act other than a serious juvenile offense, has been adjudicated a member of a family with service needs or has signed a statement of responsibility admitting to having committed a delinquent act other than a serious juvenile offense, and has subsequently been discharged from the supervision of the Superior Court or from the custody of the Department of Children and Families or from the care of any other institution or agency to which the child has been committed by the court, the court shall order all police and court records pertaining to such child to be erased on the second day of January of each year or on a date designated by the court without the filing of a petition if the court finds that (A) at least two years have elapsed from the date of such discharge, (B) no subsequent juvenile proceeding or adult criminal proceeding is pending against such child, (C) such child has not been convicted of a delinquent act that would constitute a felony or misdemeanor if committed by an adult during such two-year period, (D) such child has not been convicted as an adult of a felony or misdemeanor during such two-year period, and (E) such child has reached eighteen years of age.
(3) Upon the entry of such an erasure order, all references including arrest, complaint, referrals, petitions, reports and orders, shall be removed from all agency, official and institutional files, and a finding of delinquency or that the child was a member of a family with service needs shall be deemed never to have occurred. The persons in charge of such records shall not disclose to any person information pertaining to the record so erased, except that the fact of such erasure may be substantiated where, in the opinion of the court, it is in the best interests of such child to do so. No child who has been the subject of such an erasure order shall be deemed to have been arrested ab initio, within the meaning of the general statutes, with respect to proceedings so erased. Copies of the erasure order shall be sent to all persons, agencies, officials or institutions known to have information pertaining to the delinquency or family with service needs proceedings affecting such child.
(b) Whenever the case of a child who is charged with being delinquent or being a member of a family with service needs is dismissed, [as not delinquent or as not being a member of a family with service needs,] all police and court records pertaining to such charge shall be ordered erased immediately, without the filing of a petition.
(c) Nothing in this section shall prohibit the court from granting a petition to erase a child's records on a showing of good cause, after a hearing, before the [time] date when such records could be erased.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2016 46b-141d
Sec. 2 October 1, 2016 45a-616
Sec. 3 October 1, 2016 45a-616a
Sec. 4 October 1, 2016 45a-617
Sec. 5 October 1, 2016 45a-608n
Sec. 6 October 1, 2016 46b-146
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2016
46b-141d
Sec. 2
October 1, 2016
45a-616
Sec. 3
October 1, 2016
45a-616a
Sec. 4
October 1, 2016
45a-617
Sec. 5
October 1, 2016
45a-608n
Sec. 6
October 1, 2016
46b-146
Statement of Purpose:
To provide that children committed to the Department of Children and Families receive credit for such time upon the disposition of their case, to allow certain unmarried persons under the age of twenty-one to be appointed a guardian, solely in connection with a petition to the United States Citizenship and Immigration Services for designation of the person as having special immigrant juvenile status and to revise record retention and erasure requirements with respect to delinquency and family with service needs proceedings in the Superior Court.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]