Where Presence of a Detained

Child or Youth May Be by Means of an Inter- active Audiovisual Device (Amended June 14, 2024, to take effect Jan. 1, 2025.) (a) The appearance of a detained child or youth for proceedings held in accordance with Sections 30-10 and 30-11 may, with the consent of the detained child or youth, the consent of counsel for the detained child or youth, and in the discretion of the judicial authority on motion of a party or on its own motion, be made by means of an inter- active audiovisual device. Such interactive audio- visual device must operate so that such detained child or youth, counsel, and the judicial authority if the proceeding is in court, can see and communi- cate with each other simultaneously. In addition, a procedure by which such detained child or youth can confer with counsel in private must be pro- vided. (b) Unless otherwise required by law or unless otherwise ordered by the judicial authority, prior to a detention hearing in which a detained child or youth appears by means of an interactive audiovisual device, copies of all documents which may be offered at the detention hearing shall be provided to all counsel. (Adopted June 13, 2019, to take effect Oct. 1, 2019; amended June 14, 2024, to take effect Jan. 1, 2025.) 342 © Copyrighted by the Secretary of the State of the State of Connecticut SUPERIOR COURT—PROCEDURE IN JUVENILE MATTERS Sec. 30a-2 CHAPTER 30a DELINQUENCY HEARINGS (Amended June 13, 2014, to take effect Jan. 1, 2015; amended June 11, 2021, to take effect Jan. 1, 2022.) Sec. 30a-1. 30a-1A. Initial Plea Hearing Family with Service Needs Preadjudication Contin- uance [Repealed] Pretrial Conference 30a-2. 30a-3. —Standard of Proof; Burden of Going Forward 30a-4. Plea Canvass Sec. 30a-5. Dispositional Hearing 30a-6. —Statement on Behalf of Victim 30a-6A. —Persons in Attendance at Hearings [Repealed] 30a-7. 30a-8. 30a-9. (Transferred to Section 26-2.) Recording of Hearings Records Appeals in Delinquency Proceedings For previous Histories and Commentaries see the editions of the Practice Book corresponding to the years of the previous amendments. Sec. 30a-1. Initial Plea Hearing (a) The judicial authority shall begin the hearing by determining whether all necessary parties are present, that the rules governing service or notice for nonappearing parties have been complied with, and shall note these facts for the record. The judicial authority shall then inform the parties of the substance of the petition or information. (b) In age appropriate language, the judicial authority prior to any plea shall advise the child or youth and parent or guardian of the following rights: (1) That the child or youth is not obligated to say anything and that anything that is said may be used against the child or youth; (2) That the child or youth is entitled to the services of an attorney and that if the child or youth and the parent or parents, or guardian are unable to afford an attorney for the child or youth, an application for a public defender or an attorney appointed by the chief public defender should be completed and filed with the Office of the Public Defender or the clerk of the court to request an attorney without cost; (3) That the child or youth will not be questioned unless they consent that the child or youth can consult with an attorney before being questioned and may have an attorney present during ques- tioning, and that the child or youth can stop answering questions at any time; (4) That the child or youth has the right to a trial and the rights of confrontation and cross examina- tion of witnesses; and (5) That the child or youth has the right to appeal and final decision made by the court. (c) Notwithstanding any prior statement acknowl- edging responsibility for the acts alleged, the judi- cial authority shall inquire of the child or youth whether the child or youth presently admits or denies the allegations of the petition or informa- tion. (d) If the judicial authority determines that a child or youth, or the parent, parents or guardian of a child or youth are unable to afford counsel for the child or youth, the judicial authority shall, in a delinquency proceeding, appoint the Office of the Public Defender to represent the child or youth. (e) If the judicial authority, even in the absence of a request for appointment of counsel, deter- mines that the interests of justice require the provi- sion of an attorney to represent the child, youth or the child’s or youth’s parent or parents, guard- ian or other person having control of the child or youth, in any delinquency proceeding, the judicial authority may appoint an attorney to represent any such party and shall notify the chief public defender who shall assign an attorney to repre- sent any such party. Where, under the provisions of this section, the court so appoints counsel for any such party who is found able to pay, in whole or in part, the cost thereof, the judicial authority shall assess as costs on the appropriate form against such parent or parents, guardian or other person having control of the child or youth, includ- ing any agency vested with the legal custody of the child or youth, the expense so incurred and paid by the Public Defender Services Commission in providing such counsel, to the extent of their financial ability to do so in accordance with the rates established by the Public Defender Services Commission for compensation of counsel. (Adopted June 24, 2002, to take effect Jan. 1, 2003; amended June 22, 2009, to take effect Jan. 1, 2010; amended June 13, 2014, to take effect Jan. 1, 2015; amended June 11, 2021, to take effect Jan. 1, 2022; amended June 14, 2024, to take effect Jan. 1, 2025.) Sec. 30a-1A. Family with Service Needs Pre- adjudication Continuance [Repealed as of Jan. 1, 2022.] Sec. 30a-2. Pretrial Conference (a) When counsel is requested, or responsibility is denied, the case may be continued for a pretrial 343 © Copyrighted by the Secretary of the State of the State of Connecticut Sec. 30a-2 SUPERIOR COURT—PROCEDURE IN JUVENILE MATTERS conference. At the pretrial, the parties may agree that a substitute information will be filed, or that certain charges will be nolled or dismissed. If the child or youth and parent or guardian subse- quently execute a written statement of responsibil- ity at the pretrial conference, or the attorney for the child or youth conveys to the prosecutor an agreement on the adjudicatory grounds, a predis- positional study shall be compiled by the probation department and the case shall be assigned for a plea and dispositional hearing. (b) If a plea agreement has been reached by the parties which contemplates the entry of a plea of guilty or nolo contendere in a delinquency case, and the recommendation of a particular disposi- tion, the agreement shall be disclosed in open court at the time the plea is offered. Thereupon the judicial authority may accept or reject any agreement, or may defer the decision on accep- tance or rejection of the agreement until it has had an opportunity to review the predisposi- tional study. (Adopted June 24, 2002, to take effect Jan. 1, 2003; amended June 13, 2014, to take effect Jan. 1, 2015; amended June 11, 2021, to take effect Jan. 1, 2022.) Sec. 30a-3. —Standards of Proof; Burden of Going Forward (Amended June 30, 2003, to take effect Jan. 1, 2004; amended June 11, 2021, to take effect Jan. 1, 2022.) (a) The standard of proof for a delinquency adju- dication is evidence beyond a reasonable doubt. (b) The burden of going forward with evidence shall rest with the juvenile prosecutor. (Adopted June 24, 2002, to take effect Jan. 1, 2003; amended June 30, 2003, to take effect Jan. 1, 2004; amended June 22, 2009, to take effect Jan. 1, 2010; amended June 13, 2019, to take effect Jan. 1, 2020; amended June 11, 2021, to take effect Jan. 1, 2022.) Sec. 30a-4. Plea Canvass To assure that any plea or admission is volun- tary and knowingly made, the judicial authority shall address the child or youth in age appropriate language to determine that the child or youth sub- stantially understands: (1) The nature of the charges; (2) The factual basis of the charges; (3) The possible penalty, including any exten- sions or modifications; (4) That the plea or admission must be voluntary and not the result of force, threats, or promises, apart from the plea agreement; (5) That the child or youth has (i) the right to deny responsibility or plead not guilty or to persist if that denial or plea has already been made, (ii) the right to be tried by a judicial authority and (iii) at trial, the right to the assistance of counsel, the right to confront and cross-examine witnesses against them and the right not to be compelled to incriminate themselves. (Adopted June 24, 2002, to take effect Jan. 1, 2003; amended June 22, 2009, to take effect Jan. 1, 2010; amended June 14, 2024, to take effect Jan. 1, 2025.) Sec. 30a-5. Dispositional Hearing (a) The dispositional hearing may follow imme- diately upon an adjudication. (b) The judicial authority may admit into evi- dence any testimony that is considered relevant to the issue of the disposition, in any form the judicial authority finds of probative value, but no disposition shall be made by the judicial authority until the predispositional study, unless waived, has been submitted. A written predispositional study may be waived by the judicial authority for good cause shown upon the request of the parties, provided that the basis for the waiver and the probation officer’s oral summary of any investiga- tion are both placed on the record. The predisposi- tional study shall be presented to the judicial authority and copies thereof shall be provided to all counsel in sufficient time for them to prepare adequately for the dispositional hearing, and, in any event, no less than forty-eight hours prior to the date of the disposition. (c) No disposition for probation supervision with residential placement in either a secure or staff- secure facility shall be made by the court until the written predispositional study and service memo- randum have been submitted and reviewed by the judicial authority and a finding has been made by the judicial authority that (1) such placement is indicated by the child’s or youth’s clinical and behavioral needs or (2) the level of risk the child or youth poses to public safety cannot be man- aged in a less restrictive setting. The written pre- dispositional study and service memorandum shall be presented to the judicial authority, and copies thereof shall be provided to all counsel in sufficient time to prepare adequately for the dispositional hearing. (d) In cases in which the disposition is probation supervision with residential placement, the child’s or youth’s length of stay in a residential facility shall be dependent on the child’s or youth’s treat- ment progress and attainment of treatment goals, for an indeterminate period not to exceed eighteen months, exclusive of any request made for an extension of probation. (e) The prosecutor, the attorney for the child or youth, the child or youth, and parent or guardian for the child or youth shall have the right to pro- duce witnesses and evidence, including an inde- pendent evaluation, on behalf of any dispositional plan they may wish to offer. 344 © Copyrighted by the Secretary of the State of the State of Connecticut SUPERIOR COURT—PROCEDURE IN JUVENILE MATTERS Sec. 30a-9 (f) Prior to any disposition, the child or youth shall be allowed a reasonable opportunity to make a personal statement to the judicial authority in mitigation of any disposition. (g) The judicial authority shall determine an appropriate disposition upon adjudication of a child or youth as delinquent in accordance with General Statutes § 46b-140. (Adopted June 24, 2002, to take effect Jan. 1, 2003; amended June 26, 2006, to take effect Jan. 1, 2007; amended June 22, 2009, to take effect Jan. 1, 2010; amended June 13, 2014, to take effect Jan. 1, 2015; amended June 13, 2019, to take effect Jan. 1, 2020; amended June 11, 2021, to take effect Jan. 1, 2022; amended June 14, 2024, to take effect Jan. 1, 2025.) Sec. 30a-6. —Statement on Behalf of Victim Whenever a victim of a delinquent act, the par- ent or guardian of such victim or such victim’s counsel exercises the right to appear before the judicial authority for the purpose of making a state- ment to the judicial authority concerning the dispo- sition of the case, no statement shall be received unless the delinquent child or youth has signed a statement of responsibility, confirmed a plea agreement or been adjudicated as a delinquent. to take effect Jan. 1, 2003; amended June 22, 2009, to take effect Jan. 1, 2010; amended June 13, 2019, to take effect Jan. 1, 2020; amended June 14, 2024, to take effect Jan. 1, 2025.) Sec. 30a-6A. —Persons in Attendance at (Adopted June 24, 2002, Hearings [Transferred as of Jan. 1, 2013, to Section 26-2.] Sec. 30a-7. Recording of Hearings A verbatim stenographic or electronic recording shall be kept of any hearing, the transcript of which shall form part of the record of the case. (Adopted June 24, 2002, to take effect Jan. 1, 2003.) Sec. 30a-8. Records (a) Except as otherwise provided by statute, all records maintained in juvenile matters brought before the judicial authority, either current or closed, including transcripts of hearings, shall be kept confidential. (b) Except as otherwise provided by statute, no material contained in the court records, includ- ing the predispositional study, service memoran- dum, medical or clinical reports, school reports, police reports, or the reports of social agencies, may be copied or otherwise reproduced in written form in whole or in part by the parties without the express consent of the judicial authority. (c) Each counsel and self-represented party in a delinquency matter shall have access to and be entitled to copies, at his or her expense, of the entire court record, including transcripts of all pro- ceedings, without express consent of the judi- cial authority. (Adopted June 24, 2002, to take effect Jan. 1, 2003; amended June 22, 2009, to take effect Jan. 1, 2010; amended June 14, 2013, to take effect Jan. 1, 2014; amended June 14, 2024, to take effect Jan. 1, 2025.) Sec. 30a-9. Appeals in Delinquency Pro- ceedings (Amended June 11, 2021, to take effect Jan. 1, 2022.) The rules governing other appeals shall, so far as applicable, be the rules for all proceedings in delinquency appeals. (Adopted June 15, 2012, to take effect Jan. 1, 2013; amended June 11, 2021, to take effect Jan. 1, 2022.) 345 © Copyrighted by the Secretary of the State of the State of Connecticut