Effective Date: January 1, 2006 This Act clarifies that
a "youth" means a minor who is at least 16, but under 18,
at the time of the alleged offense. This Act also allows
more youths to be eligible for youthful offender (YO) status.
It presumes that all 16 and 17-year-olds and children, whose
cases have been transferred to the adult criminal docket,
are eligible for YO status, unless they: (1) are charged
with a Class A felony, risk of injury to a minor, 1st degree
sexual assault, aggravated assault in the 1st degree, spousal
rape, 2nd degree sexual assault (except for statutory rape
involving a victim age 13 through 15), 3rd degree sexual
assault and 3rd degree sexual assault with a firearm or
(2) have already been convicted of a felony in a regular
criminal docket of the Superior Court or been previously
adjudicated a serious juvenile offender or serious juvenile
repeat offender. Current law involves application for YO
status, not presumptive eligibility. Current law that excludes
people with prior YO status, felony convictions or accelerated
rehabilitation participants will be eliminated. The Act
also eliminates any investigations and/or court hearings
to determine eligibility.
Sentencing guidelines are revised to provide that a YO can
in no event be imprisoned for more than four years. The
court can, however, extend probation indefinitely.Current
law has a cap of 5 years total for incarceration and probation.
The bill does allow for prosecutors to challenge YO eligibility
and seek a court ordered transfer to the adult docket.
Public Act No. 05-250: An Act Concerning Children of Families
with Service Needs
Effective Date: October 1, 2007 This Act provides that no
status offender can be processed as a delinquent or held
in detention as a result of violating a court order, which
regulates their future conduct, that was issued by the court
following a Family with Service Needs (FWSN) adjudication.
Therefore, if a child does require commitment or placement,
it must be in a facility that is not a juvenile detention
center and must be after the court has determined that there
is no less restrictive alternative appropriate to the needs
of the child and the community.
Public Act No. 05-254: An Act Concerning Eligibility for
Subsidized Guardianship
Effective Date: October 1, 2005 This Act allows relative
caregivers who have been caring for children in the care
or custody of DCF to request guardianship subsidies within
six months of placement.
Public Act No. 05-207: An Act Concerning The Department
of Children and Families and Child Abuse or Neglect Proceedings
Effective Date: October 1, 2005, except the changes in procedures
for placing names on the abuse registry are effective December
1, 2005.
This Act specifies procedures that must be followed regarding
DCF’s abuse and neglect registry. The Act prohibits the
Commissioner from placing the name of a suspected abuser
on its registry unless she determines he/she poses a risk
to children and further restricts DCF from disclosing anything
about the accused or the case until he/she has waived or
completed all available procedures to overturn the finding.*
The Act further requires DCF to mail a notice of recommended
finding of abuse or neglect within 5 days and conduct an
internal review within 30 days of receiving a notice of
appeal. Individuals wishing to challenge the results of
the internal review must request an administrative hearing
within 30 days. The hearing officer must issue a written
decision within 30 days after the hearing concludes.
The Act also permits people whose names were listed on its
registry for charges substantiated before May 5, 2000 to
appeal that action if they have not already done so and
adds provisions requiring the agency to expunge certain
case files when the abuse report was unsubstantiated.
*except in cases involving death, sexual abuse, risk of
serious physical or emotional abuse, serious physical injury,
the arrest of the accused, or the termination of abuser’s
parental rights.
Public Act No. 05-3, Sections 44-47: An Act Concerning
the Implementation of Various Budgetary Provisions
This Act creates the Commission on Child Protection to administer
the attorney appointment system in child protection cases.
The Commission will appoint the Chief Child Protection Attorney,
who will be charged with establishing a system for the appointment
of attorneys in child protection matters and ensuring that
it is appropriately administered. Most importantly, the
Chief Child Protection attorney must provide initial and
in-service training for attorneys providing legal services
to pursuant to the law and establish training, practice
and caseload standards. The standards will apply to any
attorney who represents children or indigent parents and
must be designed to ensure (1) a high quality of legal representation
and (2) proficiency in the procedural and substantive law
and in relevant subject areas, including, but not limited
to, family violence, child development, behavioral health,
educational disabilities and cultural competence.
For more information, go to the following websites:
