State Codes and Statutes

Statutes > Connecticut > Title46b > Chap815t > Sec46b-137

      Sec. 46b-137. (Formerly Sec. 51-318). Admissibility of confession or other statement in juvenile proceedings. (a) Any admission, confession or statement, written or oral, made by a child to a police officer or Juvenile Court official shall be inadmissible in any proceeding concerning the alleged delinquency of the child making such admission, confession or statement unless made by such child in the presence of his parent or parents or guardian and after the parent or parents or guardian and child have been advised (1) of the child's right to retain counsel, or if unable to afford counsel, to have counsel appointed on the child's behalf, (2) of the child's right to refuse to make any statements and (3) that any statements he makes may be introduced into evidence against him.

      (b) Any confession, admission or statement, written or oral, made by the parent or parents or guardian of the child or youth after the filing of a petition alleging such child or youth to be neglected, uncared-for or dependent, shall be inadmissible in any proceeding held upon such petition against the person making such admission or statement unless such person shall have been advised of his right to retain counsel, and that if he is unable to afford counsel, counsel will be appointed to represent him, that he has a right to refuse to make any statement and that any statements he makes may be introduced in evidence against him.

      (1967, P.A. 630, S. 10; 1969, P.A. 794, S. 13, 14; P.A. 75-183; 75-602, S. 7, 13; P.A. 76-436, S. 591, 681; P.A. 95-225, S. 20; P.A. 98-256, S. 11.)

      History: 1969 act removed persons having control of child (other than parents or guardians) from purview of section and specifically enumerated rights of parents or guardians where previously "rights as provided by section 17-66a" occurred and added Subsec. (b) re admissibility of confessions, admissions, etc. in court proceeding; P.A. 75-183 applied Subsec. (a) to admissions, confessions, etc. made by child, replacing provisions applicable to children, their parents or guardians; P.A. 75-602 added references to youths in Subsec. (b); P.A. 76-436 deleted references to juvenile court, reflecting transfer of that court's powers to superior court and made technical changes to correct grammar in Subsec. (b); Sec. 17-66d temporarily renumbered as Sec. 51-318 and ultimately transferred to Sec. 46b-137 in 1979, see note to Sec. 17-66d; P.A. 95-225 amended Subsec. (a) to limit applicability of provisions to any admission, confession or statement made "to a police officer or juvenile court official" and replace "inadmissible in any proceeding for delinquency against the child" with "inadmissible in any proceeding concerning the alleged delinquency of the child"; P.A. 98-256 made a technical change in Subsec. (a).

      Annotations to former section 17-66d:

      Cited. 158 C. 439. Cited. 211 C. 289.

      Annotations to present section:

      Cited. 211 C. 289. Legislature sought to extend constitutional safeguards to children in delinquency proceedings, but not to parents in neglect and uncared-for proceedings. 268 C. 614.

      Cited. 46 CA 545.

      Subsec. (a):

      Cited. 215 C. 739. Does not apply in a case in which state seeks to use confession in proceeding in criminal, rather than juvenile, court. 263 C. 1.

      "Fruit of the poisonous tree" doctrine as applied to statements obtained in violation of statute discussed. 22 CA 53. "Where accused and parent or guardian are informed through a single reading, separate Miranda readings would be unnecessary and redundant." 32 CA 431. In determining when an advisement of rights must be repeated, the court should consider not whether previous advisement of rights had expired, but whether purpose of the statute, to help child and parent or guardian decide whether to make voluntary admission or to remain silent, was achieved. 109 CA 206.

      Subsec. (b):

      Applies to termination of parental rights proceedings when petition alleges that child has been neglected or uncared-for. It is appropriate to read statute broadly, given that termination proceedings are at least as deserving to receive additional evidentiary safeguards as are neglect, uncared-for or dependency proceedings. 268 C. 614.

      Cited. 10 CA 428.