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Jurisdiction
of Court to Adjudicate Youth Neglected Post 18
In these related (but unconsolidated) cases, the
Appellate court upheld the juvenile court’s decision to dismiss
the youths’ neglect petitions on the ground that the juvenile court
lacked jurisdiction to adjudicate the petitions once the youths
turned age 18. Both youth contended that because the petitions were
filed when they were seventeen and because the legislature intended
to service dependent youth through age twenty-one, that the court
must retain authority to resolve the youths’ petitions on the merits.
The appellate court, construing the statutory language of CGS 46b-120
and 46b-129 determined that because the court lacks authority to
commit an 18 year old (even retroactively) that the court lacked
authority to adjudicate the neglect petitions. Citing In re Matthew
F., 297 Conn. 673 (2010), the Appellate court held that although
the court may retain jurisdiction over a child past his 18th birthday,
and although the Department may be obligated to serve that youth
through age 21, the jurisdictional prerequisite for ongoing juvenile
court jurisdiction is an adjudication and disposition prior to the
youth reaching age 18.
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