State Codes and Statutes
Statutes > Connecticut > Title46b > Chap815t > Sec46b-141Sec. 46b-141. (Formerly Sec. 51-322). Length of commitments. Motion for extension of commitment. Permanency hearing. Permanency plan. Reopening and termination. (a) Except as otherwise limited by subsection (i) of section 46b-140, commitment of children convicted as delinquent by the Superior Court to the Department of Children and Families shall be for (1) an indeterminate time up to a maximum of eighteen months, or (2) when so convicted for a serious juvenile offense, up to a maximum of four years at the discretion of the court, unless extended as hereinafter provided.
(b) The Commissioner of Children and Families may file a motion for an extension of the commitment as provided in subdivision (1) of subsection (a) beyond the eighteen-month period on the grounds that such extension is for the best interest of the child or the community. The court shall give notice to the parent or guardian and to the child at least fourteen days prior to the hearing upon such motion. The court may, after hearing and upon finding that such extension is in the best interest of the child or the community, continue the commitment for an additional period of not more than eighteen months. Not later than twelve months after a child is committed to the Department of Children and Families in accordance with subdivision (1) of subsection (a) of this section the court shall hold a permanency hearing in accordance with subsection (d) of this section. After the initial permanency hearing, subsequent permanency hearings shall be held not less frequently than every twelve months while the child remains committed to the Department of Children and Families.
(c) The court shall hold a permanency hearing in accordance with subsection (d) of this section for each child convicted as delinquent for a serious juvenile offense as provided in subdivision (2) of subsection (a) of this section within twelve months of commitment to the Department of Children and Families and every twelve months thereafter if the child remains committed to the Department of Children and Families. Such hearing may include the submission of a motion to the court by the commissioner to either (1) modify such commitment, or (2) extend the commitment beyond such four-year period on the grounds that such extension is for the best interest of the child or the community. The court shall give notice to the parent or guardian and to the child at least fourteen days prior to the hearing upon such motion. The court, after hearing, may modify such commitment or, upon finding that such extension is in the best interest of the child or the community, continue the commitment for an additional period of not more than eighteen months.
(d) At least sixty days prior to each permanency hearing required pursuant to subsection (b) or (c) of this section, the Commissioner of Children and Families shall file a permanency plan with the court. At each permanency hearing, the court shall review and approve a permanency plan that is in the best interest of the child and takes into consideration the child's need for permanency. Such permanency plan may include the goal of: (1) Revocation of commitment and placement of the child with the parent or guardian, (2) transfer of guardianship, (3) permanent placement with a relative, (4) adoption, or (5) such other planned permanent living arrangement ordered by the court, provided the Commissioner of Children and Families has documented a compelling reason why it would not be in the best interest of the child for the permanency plan to include the goals in subdivisions (1) to (4), inclusive, of this subsection. Such other planned permanent living arrangement may include, but not be limited to, placement of the child in an independent living program. At any such permanency hearing, the court shall also determine whether the Commissioner of Children and Families has made reasonable efforts to achieve the permanency plan.
(e) All other commitments of delinquent, mentally deficient or mentally ill children by the court pursuant to the provisions of section 46b-140, may be for an indeterminate time. Commitments may be reopened and terminated at any time by said court, provided the Commissioner of Children and Families shall be given notice of such proposed reopening and a reasonable opportunity to present the commissioner's views thereon. The parents or guardian of such child may apply not more than twice in any calendar year for such reopening and termination of commitment. Any order of the court made under the provisions of this section shall be deemed a final order for purposes of appeal, except that no bond shall be required and no costs shall be taxed on such appeal.
(1949 Rev., S. 2814; 1955, S. 1579d; 1969, P.A. 664, S. 10; 1971, P.A. 151; P.A. 76-436, S. 31, 681; P.A. 79-581, S. 7; P.A. 81-472, S. 84, 159; P.A. 84-389, S. 2; P.A. 92-167, S. 1, 3; P.A. 93-91, S. 1, 2; P.A. 95-225, S. 23; June Sp. Sess. P.A. 01-2, S. 34, 69: June Sp. Sess. P.A. 01-9, S. 129, 131; P.A. 03-19, S. 108.)
History: 1969 act replaced previous provisions re commitment period, i.e. terminated when child reaches twenty-one unless he is mentally deficient or a defective delinquent, and re reopening and termination procedure with new provisions limiting commitment to 2 years and setting forth procedure for commitment extensions, retaining existing appeal provision; 1971 act inserted new Subsec. (c) re indeterminate commitments, in part replacing provisions deleted by 1969 act and incorporating existing appeal provision in this Subsec.; P.A. 76-436 replaced juvenile court with superior court and specified that orders are deemed final orders for appeal purposes in Subsec. (c), effective July 1, 1978; P.A. 79-581 added exception re Sec. 51-321(e) and authorized 4-year commitments when case involves serious juvenile offense in Subsec. (a); Sec. 17-69 temporarily renumbered as Sec. 51-322 and ultimately transferred to Sec. 46b-141 in 1979, see note to Sec. 17-69; P.A. 81-472 made technical changes; P.A. 84-389 deleted reference to "institution to which the child is committed" and inserted "commissioner of children and youth services" in lieu thereof; P.A. 92-167 amended Subsec. (a) by changing the maximum length of commitment of a child adjudged delinquent to the department from 2 years to 18 months, amended Subsec. (b) by changing the maximum length of an extension of such commitment from 2 years to 18 months and added Subsec. (c) re judicial review of children adjudged delinquent on a serious juvenile offense; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 95-225 amended Subsecs. (a) and (c) to replace "adjudged" with "convicted", amended Subsecs. (b) and (c) to make the best interest of the community a ground for the extension of a commitment and amended Subsec. (d) to make discretionary, rather than mandatory, that all other commitments be for an indeterminate time, and made technical changes; June Sp. Sess. P.A. 01-2 amended Subsec. (b) to change "petition the court" to "file a motion", make a conforming change, and require the court to hold a permanency hearing not later than 12 months after a child is committed to the department and subsequent permanency hearings not less frequently than every 12 months while the child remains committed to the department, amended Subsec. (c) to make substantial revisions, requiring court to hold a permanency hearing for each child convicted as delinquent for a serious juvenile offense within 12 months in lieu of 18 months of commitment to the department and every 12 months in lieu of 18 months thereafter if the child remains committed to the department, deleting requirement that commissioner obtain judicial review of each child so convicted and making technical changes, added new Subsec. (d) requiring commissioner to file a permanency plan with the court at least 60 days prior to each permanency hearing and specifying goals the permanency plan may include, and redesignated former Subsec. (d) as Subsec. (e), making a technical change therein for the purpose of gender neutrality; June Sp. Sess. P.A. 01-9 revised effective date of June Sp. Sess. 01-2 but without affecting this section; P.A. 03-19 made technical changes in Subsec. (e), effective May 12, 2003.
See Sec. 17a-10 re Children and Families Commissioner's custody of committed children, re support and health services for such children and re extension or termination of commitment.
Annotations to former section 17-69:
Cited. 204 C. 630.
Provision that no costs or fees shall be taxed in proceedings before juvenile court, or upon appeal to superior court, does not apply to appeals taken from the superior court to the supreme court. 135 C. 411. There is no specific provision in the statutes for an appeal to supreme court and none is necessary. A judgment of the superior court is a final judgment within Sec. 52-263. Id., 512. Cited. 158 C. 439.
Juvenile court commitments continue until child is twenty-one unless terminated sooner. 19 CS 371. Commitments may be reopened or terminated at any time within prescribed limitations. Id., 432. Cited. 21 CS 73.
Annotations to present section:
Cited. 204 C. 630. Cited. 207 C. 270. Cited. 211 C. 151. Cited. 229 C. 691.
Cited. 43 CS 367.
Subsec. (a):
Cited. 199 C. 693. Cited. 240 C. 727.
Cited. 32 CA 759.
Subsec. (b):
Where there is no request to transfer a matter to the regular criminal docket, statutorily authorized response to further allegations of misconduct is extension of existing commitment, not successive commitments to be served in future. 207 C. 270. Regarding a juvenile's plea agreement, due process requires that trial court advise the juvenile of any possible extension of delinquency commitment beyond the time period stated in plea agreement. 255 C. 565. Under this section, "child" means a person who has the status of a "child" as defined in Sec. 46b-120(1) at the time of original delinquency proceeding. 284 C. 305.
Extension of sixteen-year-old respondent's commitment held proper, even though respondent was no longer a "child" as defined in Sec. 46b-120, because language permitting extension of commitment made under Subsec. (a) explicitly relates only to the commitment itself and not to commitment of a child. 27 CA 600.
Subsec. (d):
Does not require commissioner, at a permanency hearing, to establish basis for delinquent's continued commitment until expiration of term of commitment. 82 CA 169.
