State Codes and Statutes

Statutes > Connecticut > Title46b > Chap815t > Sec46b-142

      Sec. 46b-142. (Formerly Sec. 51-323). Venue of petitions. Appeal to Appellate Court. Expedited hearing in termination of parental rights appeals. (a) The Chief Court Administrator, in consultation with the judges of the Superior Court, shall establish districts for the purpose of establishing venue in juvenile matters. All petitions concerning delinquent children shall be heard within the district where the delinquency is alleged to have occurred or where the child resides, in the discretion of the court. All other petitions shall be heard within the district where the child or youth resided at the time of the filing of the petition, but for the purposes of this section any child or youth born in any hospital or institution where the mother is confined at the time of birth shall be deemed to have residence in the district wherein such child's or youth's mother was living at the time of her admission to such hospital or institution.

      (b) The Department of Children and Families, or any party at interest aggrieved by any final judgment or order of the court, may appeal to the Appellate Court in accordance with the provisions of section 52-263. The clerk in charge of such juvenile matters shall forthwith, after notice of any appeal, prepare and file with the clerk of the Appellate Court the certified copy of the record of the case from which such appeal has been taken. The name of the child or youth involved in any such appeal shall not appear on the record of the appeal, and the records and papers of any juvenile case filed in the Appellate Court shall be open for inspection only to persons having a proper interest therein and upon order of the court.

      (c) Pending such appeal, the Superior Court may cause the child or youth to be detained in some suitable place as the court may direct, or may release the child or youth in the care of a parent, probation officer or other suitable person, and may require the appellant to enter into a bond or recognizance to the state, with surety or security conditioned that the child or youth shall appear before the Appellate Court and abide by the order and judgment.

      (d) Notwithstanding subsections (a), (b) and (c) of this section, the Department of Children and Families, or any party to the action aggrieved by a final judgment in a termination of parental rights proceeding, shall be entitled to an expedited hearing before the Appellate Court. A final decision of the Appellate Court shall be issued as soon as practicable after the date on which the certified copy of the record of the case is filed with the clerk of the Appellate Court.

      (1949 Rev., S. 2815; 1957, P.A. 651, S. 15; 1959, P.A. 531, S. 14; 1967, P.A. 252; 630, S. 11; 1969, P.A. 794, S. 16; P.A. 74-251, S. 15; P.A. 75-420, S. 4, 6; 75-567, S. 78, 80; 75-602, S. 10, 13; P.A. 76-436, S. 10a, 32, 681; P.A. 77-614, S. 521, 610; P.A. 78-379, S. 12, 27; June Sp. Sess. P.A. 83-29, S. 36, 82; P.A. 86-108; P.A. 93-91, S. 1, 2; P.A. 01-148, S. 2.)

      History: 1959 act provided for appeals to family relations session created by the act, deleted requirement of one week's notice of hearing to parties but see section 17-70a; 1967 acts changed county to district as venue; 1969 act divided section into Subsecs., added provisions in Subsec. (b) re superior court review of juvenile court proceedings and its action either to dismiss petition or return case to juvenile court for disposition in accordance with its findings, re confidentiality of records and re privileged status of appeals, clarified notice requirements in Subsec. (d) and deleted detailed provisions re court-ordered investigations, re admissible evidence and re superior court's powers; P.A. 74-251 authorized giving of notice to welfare commissioner's designee in Subsec. (d); P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 75-567 made technical correction in Subsec. (a); P.A. 75-602 included youths in purview of section and included commissioner of children and youth services in notice requirement as of April 1, 1975; P.A. 76-436 transferred functions of juvenile court to superior court, thereby transferring appeals from superior court to supreme court, and added provisions re establishment of venue districts in Subsec. (a), effective July 1, 1978; P.A. 77-614 replaced commissioner of social services with commissioner of human resources, effective January 1, 1979; P.A. 78-379 deleted ten-day limit for appeals and provision granting appeals privileged status in Subsec. (b) and deleted Subsec. (d) re notice requirements; Sec. 17-70 temporarily renumbered as Sec. 51-323 and ultimately transferred to Sec. 46b-142 in 1979, see note to Sec. 17-70; June Sp. Sess. P.A. 83-29 deleted reference to supreme court and substituted appellate court in lieu thereof; P.A. 86-108 amended Subsec. (b) to authorize the department of children and youth services to appeal to the appellate court; 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. 01-148 made a technical change for purposes of gender neutrality in Subsec. (a) and added Subsec. (d) re expedited hearing before Appellate Court for party aggrieved by final judgment in termination of parental rights proceeding.

      Annotations to former sections 17-70 and 51-323:

      Cited. 158 C. 439. Cited. 162 C. 241. Cited. 165 C. 435.

      Cited. 26 CS 316.

      Subsec. (b):

      Cited. 165 C. 435. Cited. 168 C. 421.

      Cited. 33 CS 100.

      Annotations to present section:

      Cited. 226 C. 497.

      Cited. 43 CS 367.

      Subsec. (b):

      Cited. 177 C. 648. Commissioner of children and youth services is not entitled to appeal as a "party at interest". 181 C. 292. Cited. 183 C. 11. Cited. 187 C. 431. Cited. 188 C. 259; Id., 557. Cited. 189 C. 58; Id., 66; Id., 276. Cited. 190 C. 310; Id., 428; Id., 715. Cited. 192 C. 254. Cited. 195 C. 303; Id., 344. Cited. 196 C. 18. Cited. 204 C. 630. Cited. 207 C. 270; Id., 725. Cited. 210 C. 157; Id., 435. Cited. 211 C. 151; Id., 289. Cited. 214 C. 454. Cited. 215 C. 31; Id., 277. Cited. 216 C. 563. Cited. 217 C. 459. Cited. 221 C. 109. Cited. 223 C. 492; Id., 557. Cited. 224 C. 263. Cited. 229 C. 345; Id., 691. Cited. 234 C. 194. Cited. 237 C. 364.

      Cited. 1 CA 298; Id., 378; Id., 463. Cited. 2 CA 11; Id., 705. Cited. 3 CA 30; Id., 158; Id., 194; Id., 507. Cited. 4 CA 56. Cited. 6 CA 194; Id., 360. Cited. 8 CA 607; Id., 656. Cited. 9 CA 98; Id., 490; Id., 506; Id., 608. Cited. 10 CA 36; Id., 428. Cited. 11 CA 497; Id., 507; Id., 573. Cited. 12 CA 585. Cited. 13 CA 23; Id., 91; Id., 605; Id., 626; Id., 821. Cited. 14 CA 205; Id., 445; Id., 548. Cited. 15 CA 367; Id., 455; Id., 641; Id. 693. Cited. 17 CA 427. Cited. 18 CA 805. Cited. 19 CA 20; Id., 371. Cited. 20 CA 101; Id., 228; Id., 694; Id., 725; Id., 817. Cited. 21 CA 226; Id., 645. Cited. 22 CA 53; Id., 458; Id., 656. Cited. 23 CA 207; Id., 410; Id., 812; Id., 815. Cited. 24 CA 135; Id., 244; Id., 338; Id., 813; Id., 829. Cited. 25 CA 536; Id., 586; judgment reversed, see 223 C. 492; Id., 741. Cited. 26 CA 58; Id., 414. Cited. 27 CA 49. Cited. 28 CA 247; Id., 608. Cited. 29 CA 112; Id., 499; Id., 573; Id., 600; Id., 689; Id., 771. Cited. 30 CA 381; Id., 839. Cited. 31 CA 941. Cited. 32 CA 431. Cited. 33 CA 12; Id., 90; Id., 632; Id., 904. Cited. 34 CA 176; Id., 535; Id., 807. Cited. 35 CA 276; Id., 490. Cited. 36 CA 146; Id., 364; Id., 961. Cited. 38 CA 909; Id., 214. Cited. 39 CA 353. Cited. 40 CA 73; Id., 216; Id., 366. Cited. 42 CA 664. Cited. 44 CA 80. Cited. 45 CA 508; Id., 606. Cited. 46 CA 69; Id., 545. Cited. 47 CA 64.

      Cited. 39 CS 35; Id., 490; Id., 514.