So are juvenile cases less serious?

• While cases in juvenile court may have lesser penalties than the same case in criminal court, do not be fooled that they are not serious. First, even juvenile probation or supervision cases can have serious consequences including the consequences from the juvenile’s school such as expulsion or suspension, the need to follow the strict conditions set down by the court, and the potentially more serious punishments for not following conditions or with further offenses. Second, even though the juvenile system sets goals of avoiding confinement for juveniles, many juvenile cases do result in being detained in one of the juvenile detention facilities in Hartford or Bridgeport. Finally, there has been a recent push to stiffen the penalties for juvenile cases going forward, so these penalties may worsen in the future.

How are children under 16 years old treated?

• Children under 16 years old is covered by Connecticut General Statute Section 46b-120(2)(A): A child may be adjudicated as “delinquent” who has, while under sixteen years of age, (i) violated any federal or state law, except section 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223 or 53a-223a, or violated a municipal or local ordinance, except an ordinance regulating behavior of a child in a family with service needs, (ii) wilfully failed to appear in response to a summons under section 46b-133 or at any other court hearing in a delinquency proceeding of which the child had notice, (iii) violated any order of the Superior Court in a delinquency proceeding, except as provided in section 46b-148, or (iv) violated conditions of probation supervision or probation supervision with residential placement in a delinquency proceeding as ordered by the court.

• This means children who are under 16 at the time they committed the “delinquent” act are considered a juvenile delinquent. In fact, except for serious cases involving 15 year olds (see the next question), these cases are not juvenile “criminal” cases at all, but are instead called “delinquency” cases. Children convicted on the juvenile docket cannot be sentenced to prison time. A juvenile under 16 can instead be placed on probation, and detained in juvenile detention, for period of 30 months maximum.

What about cases for a 15 year old, 16 year old, or 17 year old?

• Cases with 16 or 17 year old offenders are different. They are covered by Connecticut General Statute Section 46b-120(2)(B): (B) A child may be adjudicated as “delinquent” who has (i) while sixteen or seventeen years of age, violated any federal or state law, other than (I) an infraction, except an infraction under subsection (d) of section 21a-267, (II) a violation, except a violation under subsection (a) of section 21a-279a, (III) a motor vehicle offense or violation under title 14, (IV) a violation of a municipal or local ordinance, or (V) a violation of section 51-164r, 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223 or 53a-223a, (ii) while sixteen years of age or older, wilfully failed to appear in response to a summons under section 46b-133 or at any other court hearing in a delinquency proceeding of which the child had notice, (iii) while sixteen years of age or older, violated any order of the Superior Court in a delinquency proceeding, except as provided in section 46b-148, or (iv) while sixteen years of age or older, violated conditions of probation supervision or probation supervision with residential placement in a delinquency proceeding as ordered by the court.

• For serious felony allegations, cases of juveniles who were 15 years or older when the alleged act occurred can be transferred to the regular criminal docket. After transfer, Section 46b-127(d) says the juvenile “shall stand trial and be sentenced, if convicted, as if such child were eighteen years of age.” This means transferred cases can result in prison sentences. For the most serious cases, this transfer is automatic. Sometimes, the case can be transferred back to juvenile court. There are multiple complicating factors in cases involving ages 15, 16, or 17, and you should contact an attorney experienced in both juvenile and criminal matters to help you understand all of the possibilities.

What is a “youthful offender”?

• A youthful offender is a special category of cases in the Connecticut court system. A youthful offender is a minor who was 16 or 17 years old at the time of the offense, who has had his or her case transferred to the adult criminal docket, and who is charged with a crime, with some certain crimes excepted. A youthful offender also must not have a criminal record or have been found a serious juvenile offender in his or her past.

• Youthful offender cases are treated differently than both juvenile and criminal cases, reflecting they are a type of hybrid case. For example, statements by a youthful offender cannot be used as evidence against the youthful offender. Youthful offender cases can also lead to the automatic erasure of the criminal record after the case is over and the person turns 21 year old, under Connecticut General Statute Section 54-76o. However, youthful offender cases are held in criminal court, and can have prison sentences of up to four years.

• Youthful offender matters are a specialty category of case, but sometimes can be the best way for a juvenile to resolve his case while limiting his potential sentence and ensuring a clean record in the future.

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What are DCF investigations?

• The Department of Children and Families, usually called DCF, often engages in investigations in the State of Connecticut, and those investigations can frequently be confusing and frightening for the people being investigated. DCF investigates allegations of child neglect or child abuse. Often, the investigations will start with DCF coming to the home of the family, or the children’s schools, and attempting to get statements and documents. Even at this early stage, it is important anyone being investigated has an attorney to help them understand their legal rights and protections.

What steps can DCF take in an investigation?

• These investigations can lead to a number of possible outcomes, including DCF beginning emergency removal proceedings, or filing a petition with the court which will be heard in juvenile court. DCF can initiate an emergency removal when they believe the child is “in imminent risk of physical harm,” and can conduct the removal “without the consent of the child’s parent or guardian.” This emergency removal can last, initially, 96 hours, but DCF can also begin court proceedings to obtain an Order of Temporary Custody (OTC), which takes custody from the parents or guardians.

• DCF, by law, is supposed to try to reunify children with their parents, but may ask the court to decide that reunification with the parents is not required. DCF can make this request based on multiple possible reasons. If the court agrees with DCF, then the court will consider a “Permanency Plan” proposed by DCF, where DCF sets forth its long-term plans for the child. A Permanency Plan may include “(1) adoption and a requirement that the commissioner file a petition to terminate parental rights, (2) transfer of guardianship,” or different arrangements for children 16 years of age or older. C.G.S. Sec. 17-111b.

What is a Termination of Parental Rights?

• A termination of parental rights, often called a “TPR”, is a legal order that completely ends a parent’s legal relationship to a child. A TPR can pave the way for an adoption of the child by another person. The parent loses, for example, the right to control the medical or educational decisions for the child, and loses any rights to custody. If DCF is attempting to terminate your parental rights, be aware this is an extremely serious, permanent step.

What should I do if I am investigated by DCF?

• If you are investigated by DCF, you should promptly contact an attorney to help you understand the risks and potential legal options available to you. DCF will try to quickly get statements and releases of information from you, and sometimes, decisions you made in the beginning of the investigation prior to obtaining legal counsel can affect you for the rest of the case. Santos & LaLima has experience handling significant DCF investigations and obtaining results for their clients. Call 860.249.6548 for more.