Sec. 46b-120. (Formerly Sec. 51-301). *(See end of section for amended version and effective date.) Definitions.
Sec. 46b-120. (Formerly Sec. 51-301). *(See end of section for amended version
and effective date.) Definitions. The terms used in this chapter shall, in its interpretation
and in the interpretation of other statutes, be defined as follows: (1) "Child" means any
person under sixteen years of age and, for purposes of delinquency matters, "child"
means any person (A) under sixteen years of age, or (B) sixteen years of age or older
who, prior to attaining sixteen years of age, has violated any federal or state law or
municipal or local ordinance, other than an ordinance regulating behavior of a child in
a family with service needs, and, subsequent to attaining sixteen years of age, violates
any order of the Superior Court or any condition of probation ordered by the Superior
Court with respect to such delinquency proceeding; (2) "youth" means any person sixteen or seventeen years of age; (3) "youth in crisis" means any youth who, within the
last two years, (A) has without just cause run away from the parental home or other
properly authorized and lawful place of abode, (B) is beyond the control of the youth's
parents, guardian or other custodian, or (C) has four unexcused absences from school
in any one month or ten unexcused absences in any school year; (4) "abused" means
that a child or youth (A) has been inflicted with physical injury or injuries other than
by accidental means, or (B) has injuries that are at variance with the history given of
them, or (C) is in a condition that is the result of maltreatment such as, but not limited to,
malnutrition, sexual molestation or exploitation, deprivation of necessities, emotional
maltreatment or cruel punishment; (5) a child may be found "mentally deficient" who,
by reason of a deficiency of intelligence that has existed from birth or from early age,
requires, or will require, for his protection or for the protection of others, special care,
supervision and control; (6) a child may be convicted as "delinquent" who has violated
(A) any federal or state law or municipal or local ordinance, other than an ordinance
regulating behavior of a child in a family with service needs, (B) any order of the Superior
Court, except as provided in section 46b-148, or (C) conditions of probation as ordered
by the court; (7) a child or youth may be found "dependent" whose home is a suitable
one for the child or youth, save for the financial inability of the child's or youth's parents,
parent or guardian, or other person maintaining such home, to provide the specialized
care the condition of the child or youth requires; (8) "family with service needs" means
a family that includes a child who (A) has without just cause run away from the parental
home or other properly authorized and lawful place of abode, (B) is beyond the control
of the child's parent, parents, guardian or other custodian, (C) has engaged in indecent
or immoral conduct, (D) is a truant or habitual truant or who, while in school, has been
continuously and overtly defiant of school rules and regulations, or (E) is thirteen years
of age or older and has engaged in sexual intercourse with another person and such other
person is thirteen years of age or older and not more than two years older or younger than
such child; (9) a child or youth may be found "neglected" who (A) has been abandoned, or
(B) is being denied proper care and attention, physically, educationally, emotionally or
morally, or (C) is being permitted to live under conditions, circumstances or associations
injurious to the well-being of the child or youth, or (D) has been abused; (10) a child
or youth may be found "uncared for" who is homeless or whose home cannot provide
the specialized care that the physical, emotional or mental condition of the child requires.
For the purposes of this section, the treatment of any child by an accredited Christian
Science practitioner, in lieu of treatment by a licensed practitioner of the healing arts,
shall not of itself constitute neglect or maltreatment; (11) "delinquent act" means the
violation of any federal or state law or municipal or local ordinance, other than an
ordinance regulating the behavior of a child in a family with service needs, or the violation of any order of the Superior Court; (12) "serious juvenile offense" means (A) the
violation of, including attempt or conspiracy to violate, section 21a-277, 21a-278, 29-33, 29-34, 29-35, 53-21, 53-80a, 53-202b, 53-202c, 53-390 to 53-392, inclusive, 53a-54a to 53a-57, inclusive, 53a-59 to 53a-60c, inclusive, 53a-70 to 53a-71, inclusive, 53a-72b, 53a-86, 53a-92 to 53a-94a, inclusive, 53a-95, 53a-101, 53a-102a, 53a-103a or
53a-111 to 53a-113, inclusive, subdivision (1) of subsection (a) of section 53a-122,
subdivision (3) of subsection (a) of section 53a-123, section 53a-134, 53a-135, 53a-136a, 53a-166 or 53a-167c, subsection (a) of section 53a-174, or section 53a-196a, 53a-211, 53a-212, 53a-216 or 53a-217b, by a child, or (B) running away, without just cause,
from any secure placement other than home while referred as a delinquent child to the
Court Support Services Division or committed as a delinquent child to the Commissioner
of Children and Families for a serious juvenile offense; (13) "serious juvenile offender"
means any child convicted as delinquent for commission of a serious juvenile offense;
(14) "serious juvenile repeat offender" means any child charged with the commission
of any felony if such child has previously been convicted delinquent at any age for two
violations of any provision of title 21a, 29, 53 or 53a that is designated as a felony; (15)
"alcohol-dependent child" means any child who has a psychoactive substance dependence on alcohol as that condition is defined in the most recent edition of the American
Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders"; and
(16) "drug-dependent child" means any child who has a psychoactive substance dependence on drugs as that condition is defined in the most recent edition of the American
Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders". No
child shall be classified as drug dependent who is dependent (A) upon a morphine-type
substance as an incident to current medical treatment of a demonstrable physical disorder
other than drug dependence, or (B) upon amphetamine-type, ataractic, barbiturate-type,
hallucinogenic or other stimulant and depressant substances as an incident to current
medical treatment of a demonstrable physical or psychological disorder, or both, other
than drug dependence.
(1949 Rev., S. 2802; 1959, P.A. 28, S. 52; 1967, P.A. 630, S. 1; 1969, P.A. 794, S. 1; 1971, P.A. 72, S. 14; P.A. 75-602, S. 1, 13; P.A. 76-436, S. 668, 681; P.A. 77-577, S. 4; P.A. 79-567, S. 1, 7; 79-581, S. 1; P.A. 80-401, S. 4; P.A. 85-226, S. 1; P.A. 87-373, S. 13; P.A. 90-161, S. 1, 6; 90-240, S. 2, 6; 90-325, S. 19, 32; P.A. 91-303, S. 11, 22; June Sp. Sess.
P.A. 92-1, S. 2; June Sp. Sess. P.A. 92-3; P.A. 93-91, S. 1, 2; 93-340, S. 16; P.A. 95-225, S. 9; P.A. 97-319, S. 18, 22; P.A.
98-256, S. 1; P.A. 00-177, S. 1, 5; P.A. 02-109, S. 1; 02-132, S. 18; P.A. 05-250, S. 1.)
*Note: On and after January 1, 2010, this section, as amended by section 73 of public
act 07-4 of the June special session, is to read as follows:
"Sec. 46b-120. (Formerly Sec. 51-301). Definitions. The terms used in this chapter shall, in its interpretation and in the interpretation of other statutes, be defined as
follows: (1) "Child" means any person under sixteen years of age, except that for purposes of delinquency matters and proceedings, "child" means any person (A) under
eighteen years of age, or (B) eighteen years of age or older who, prior to attaining
eighteen years of age, has committed a delinquent act and, subsequent to attaining eighteen years of age, violates any order of the Superior Court or any condition of probation
ordered by the Superior Court with respect to such delinquency proceeding; (2) "youth"
means any person sixteen or seventeen years of age; (3) "abused" means that a child or
youth (A) has been inflicted with physical injury or injuries other than by accidental
means, (B) has injuries that are at variance with the history given of them, or (C) is in
a condition that is the result of maltreatment, including, but not limited to, malnutrition,
sexual molestation or exploitation, deprivation of necessities, emotional maltreatment
or cruel punishment; (4) a child may be found "mentally deficient" who, by reason of
a deficiency of intelligence that has existed from birth or from early age, requires, or
will require, for such child's protection or for the protection of others, special care,
supervision and control; (5) a child may be convicted as "delinquent" who has violated
(A) any federal or state law, other than the commission of (i) an infraction or violation
by a youth under subsection (b) of section 51-164n, or (ii) a motor vehicle violation by
a youth for which a sentence to a term of imprisonment may be imposed, (B) any order
of the Superior Court, except as provided in section 46b-148, or (C) conditions of probation as ordered by the court; (6) a child or youth may be found "dependent" whose home
is a suitable one for the child or youth, except for the financial inability of the child's
or youth's parents, parent or guardian, or other person maintaining such home, to provide
the specialized care the condition of the child or youth requires; (7) "family with service
needs" means a family that includes a child or youth who (A) has without just cause
run away from the parental home or other properly authorized and lawful place of abode,
(B) is beyond the control of the child's or youth's parent, parents, guardian or other
custodian, (C) has engaged in indecent or immoral conduct, (D) is a truant or habitual
truant or who, while in school, has been continuously and overtly defiant of school
rules and regulations, or (E) is thirteen years of age or older and has engaged in sexual
intercourse with another person and such other person is thirteen years of age or older
and not more than two years older or younger than such child or youth; (8) a child or
youth may be found "neglected" who (A) has been abandoned, (B) is being denied
proper care and attention, physically, educationally, emotionally or morally, (C) is being
permitted to live under conditions, circumstances or associations injurious to the well-being of the child or youth, or (D) has been abused; (9) a child or youth may be found
"uncared for" who is homeless or whose home cannot provide the specialized care
that the physical, emotional or mental condition of the child or youth requires. For the
purposes of this section, the treatment of any child or youth by an accredited Christian
Science practitioner, in lieu of treatment by a licensed practitioner of the healing arts,
shall not of itself constitute neglect or maltreatment; (10) "delinquent act" means the
violation of any federal or state law, or the violation of any order of the Superior Court,
other than the commission of (A) an infraction or violation by a youth under subsection
(b) of section 51-164n, or (B) a motor vehicle violation by a youth for which a sentence
to a term of imprisonment may be imposed; (11) "serious juvenile offense" means (A)
the violation of, including attempt or conspiracy to violate, (i) section 21a-277, 21a-278, 29-33, 29-34, 29-35, 53-21, 53-80a, 53-202b, 53-202c, 53-390 to 53-392, inclusive,
53a-54a to 53a-56a, inclusive, 53a-59 to 53a-60c, inclusive, 53a-70 to 53a-71, inclusive,
53a-72b, 53a-86, 53a-92 to 53a-94a, inclusive, 53a-95, 53a-101, 53a-102a, 53a-103a
or 53a-111 to 53a-113, inclusive, subdivision (1) of subsection (a) of section 53a-122,
subdivision (3) of subsection (a) of section 53a-123, section 53a-134, 53a-135, 53a-136a, 53a-166 or 53a-167c, subsection (a) of section 53a-174, or section 53a-196a, 53a-211, 53a-212, 53a-216 or 53a-217b, by a child, or (ii) section 53a-56b or 53a-57 by a
child under sixteen years of age, or (B) running away, without just cause, from any
secure placement other than home while referred as a delinquent child to the Court
Support Services Division or committed as a delinquent child to the Commissioner of
Children and Families for a serious juvenile offense; (12) "serious juvenile offender"
means any child convicted as delinquent for the commission of a serious juvenile offense; (13) "serious juvenile repeat offender" means any child charged with the commission of any felony if such child has previously been convicted as delinquent or otherwise
convicted at any age for two violations of any provision of title 21a, 29, 53 or 53a that
is designated as a felony; (14) "alcohol-dependent" means a psychoactive substance
dependence on alcohol as that condition is defined in the most recent edition of the
American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders"; and (15) "drug-dependent" means a psychoactive substance dependence on
drugs as that condition is defined in the most recent edition of the American Psychiatric
Association's "Diagnostic and Statistical Manual of Mental Disorders". No child shall
be classified as drug dependent who is dependent (A) upon a morphine-type substance
as an incident to current medical treatment of a demonstrable physical disorder other
than drug dependence, or (B) upon amphetamine-type, ataractic, barbiturate-type, hallucinogenic or other stimulant and depressant substances as an incident to current medical
treatment of a demonstrable physical or psychological disorder, or both, other than drug
dependence."
(1949 Rev., S. 2802; 1959, P.A. 28, S. 52; 1967, P.A. 630, S. 1; 1969, P.A. 794, S. 1; 1971, P.A. 72, S. 14; P.A. 75-602, S. 1, 13; P.A. 76-436, S. 668, 681; P.A. 77-577, S. 4; P.A. 79-567, S. 1, 7; 79-581, S. 1; P.A. 80-401, S. 4; P.A. 85-226, S. 1; P.A. 87-373, S. 13; P.A. 90-161, S. 1, 6; 90-240, S. 2, 6; 90-325, S. 19, 32; P.A. 91-303, S. 11, 22; June Sp. Sess.
P.A. 92-1, S. 2; June Sp. Sess. P.A. 92-3; P.A. 93-91, S. 1, 2; 93-340, S. 16; P.A. 95-225, S. 9; P.A. 97-319, S. 18, 22; P.A.
98-256, S. 1; P.A. 00-177, S. 1, 5; P.A. 02-109, S. 1; 02-132, S. 18; P.A. 05-250, S. 1; June Sp. Sess. P.A. 07-4, S. 73.)
History: 1959 act amended definition of child and substituted circuit court for town, city, police or borough courts;
1967 act changed definition of dependent child's home from "poverty" to "financial instability" for "specialized care"
and redefined child; 1969 act redefined "delinquent" child, substituted "financial inability" for "financial instability" in
definition of "dependent" child, substituted educational and emotional deprivation for mental neglect in definition of
"neglected" child and deleted reference to living under evil associations of home conditions and redefined "uncared for"
child to delete reference to child whose home is unsuitable or who cannot support himself legally or without subjecting
himself to conditions prejudicial to normal development; 1971 act redefined "child" to omit those between 16 and 18 years
old who have been transferred from circuit court to superior court jurisdiction; P.A. 75-602 defined "youth", added reference
to "neglected" youths and "uncared for" youths and redefined "uncared for" to include reference to home which cannot
perform specialized care needed and to specify that treatment by Christian Science practitioner does not constitute neglect
or maltreatment; P.A. 76-436 replaced reference to juvenile court with reference to superior court, effective July 1, 1978;
P.A. 77-577 defined "abused" and added reference to abused child in definition of "neglected" child; P.A. 79-567 defined
"family with service needs" and amended definition of "delinquent" child accordingly; P.A. 79-581 defined "serious
juvenile offense" and "serious juvenile offender"; Sec. 17-53 temporarily renumbered as Sec. 51-301 and ultimately
transferred to Sec. 46b-120 in 1979, see note to Sec. 17-53; P.A. 80-401 changed effective date of P.A. 79-567 from July
1, 1980 to July 1, 1981; P.A. 85-226 amended definition of "delinquent" by deleting exception for order entered in matter
relating to a family with service needs; P.A. 87-373 redefined "serious juvenile offense" to include a violation of Sec. 21a-277 or 21a-278; P.A. 90-161 added definitions re "alcohol-dependent child" and "drug-dependent child"; P.A. 90-240
substituted "mentally deficient" for "defective", deleted the phrase "defect of intelligence" and substituted "truant or
habitual truant", as defined, for "habitually truant"; P.A. 90-325 changed effective date of P.A. 90-240 from July 1, 1990,
to July 1, 1991; P.A. 91-303 removed a cite to Sec. 10-198a for the definition of truant and habitual truant; June Sp. Sess.
P.A. 92-1 amended definition of "serious juvenile offense" to include a violation of Sec. 53a-217b; June Sp. Sess. P.A.
92-3 amended definition of "serious juvenile offense" to include violations of Secs. 29-35, 53a-94a, 53a-102a, 53a-103a,
53a-212 and 53a-216; 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. 93-340 amended definition of "family with
service needs" to add Subpara. (E) re a child who is 13 years of age or older and has engaged in sexual intercourse with
another person within a certain age range; P.A. 95-225 inserted Subdiv. indicators, revising Subpara. indicators accordingly
for statutory consistency, added definition of "delinquent act", amended the definition of "serious juvenile offense" to
include violations of Secs. 29-33, 29-34, 53-21, 53-202b and 53-202c and include running away from any secure placement
other than home while "referred as a delinquent child to the Office of Alternative Sanctions", amended the definition of
"serious juvenile offender" to replace "adjudicated a delinquent child" with "convicted as delinquent" and added definition
of "serious juvenile repeat offender"; P.A. 97-319 redefined "abused" to include exploitation of a child or youth, effective
July 1, 1997; P.A. 98-256 amended the definition of "child" in Subdiv. (1) to add definition of child for purposes of
delinquency matters, amended the definition of a child found "delinquent" in Subdiv. (5) to replace "found" with "convicted
as" and to include a child who has violated conditions of probation ordered by the court and amended the definition of
"serious juvenile offense" in Subdiv. (11) to include a violation of Sec. 53a-136a; P.A. 00-177 added new Subdiv. (3)
defining "youth in crisis", renumbered Subdivs. (3) to (15), inclusive, as (4) to (16), and made changes throughout section
for purposes of gender neutrality, effective July 1, 2001; P.A. 02-109 redefined "youth" in Subdiv. (2) by replacing "sixteen
to eighteen" with "sixteen or seventeen" years of age, redefined "youth in crisis" in Subdiv. (3) by inserting "youth" in
place of a specific age range and made technical changes, effective June 7, 2002; P.A. 02-132 made technical changes
throughout and replaced "Office of Alternative Sanctions" with "Court Support Services Division" in Subdiv. (12); P.A.
05-250 added exception re provisions of Sec. 46b-148 in Subdiv. (6)(B) and made technical changes, effective October
1, 2007; June Sp. Sess. P.A. 07-4 redefined "child" for purposes of delinquency matters and proceedings to include children
under "eighteen" years of age, instead of "sixteen", and rewrote provisions, deleted definition of "youth in crisis" in former
Subdiv. (3) and renumbered existing Subdivs. accordingly, redefined a child who may be convicted as "delinquent",
"delinquent act", "serious juvenile offense", and "serious juvenile repeat offender", substituted "alcohol-dependent" for
"alcohol-dependent child" and "drug-dependent" for "drug-dependent child", and made technical changes, effective January 1, 2010.
Annotations to former section 17-53:
Cited. 154 C. 644. Cited. 158 C. 439.
"Uncared for" is not limited to "uncared for by each living biological parent", but can include being cared for by close
relative with the consent of biological parent. 33 CS 100.
Annotations to present section:
Cited. 187 C. 431. Cited. 189 C. 276. Cited. 195 C. 303; Id., 344. Cited. 199 C. 693. Cited. 204 C. 630. Cited. 206 C.
323; Id., 346. Cited. 207 C. 270; Id., 725. Cited. 211 C. 151; Id., 289. Cited. 214 C. 454. Cited. 215 C. 277; Id., 739. Cited.
221 C. 903. Cited. 223 C. 492. Cited. 229 C. 691. Cited. 237 C. 364. Cited. 240 C. 743.
Cited. 1 CA 378. Cited. 2 CA 705. Cited. 3 CA 158; Id., 194. Cited. 9 CA 98. Cited. 10 CA 428. Cited. 11 CA 507.
Cited. 18 CA 806. Cited. 23 CA 410. Where statutory requirements are met, a mother's prenatal conduct can be basis of
a finding of neglect or termination of parental rights. 25 CA 586; judgment reversed, see 223 C. 492. Cited. 29 CA 600.
Cited. 32 CA 759. Cited. 36 CA 146. Cited. 40 CA 216. Cited. 45 CA 606. Cited. 46 CA 545. Cited. 47 CA 64. Discussed:
It is not a constitutional right, but rather a statutory right, to be considered a juvenile. 51 CA 117. Adjudication of neglect
may be based on potential risk of harm. 58 CA 119. Discussed: In a substantiation of abuse hearing, if it is shown that
child has sustained a nonaccidental injury as result of parent administered corporal punishment, hearing officer must
determine whether the punishment was reasonable and whether parent believed the punishment was necessary to maintain
discipline or to promote child's welfare. 86 CA 290. Although no actual harm was done to child, child was neglected
within definition of this section because the father was not taking his medication as required to remedy his known mental
health condition and neither he nor respondent understood, or attempted to learn, extent of the risk that father may have
posed to the child in his unmedicated state. 98 CA 797.
Cited. 35 CS 241. Cited. 39 CS 490. Cited. 41 CS 23; Id., 505. Cited. 42 CS 562. Cited. 43 CS 108; Id., 211; Id., 367.
Former Subdiv. (c):
Cited. 210 C. 435.
Former Subdiv. (ii):
Cited. 39 CS 514.
Former Subdiv. (iii):
Cited. 39 CS 514.
Subdiv. (1):
Cited. 240 C. 727.