Connecticut General Statutes 46b-133f – Family violence mediation program on docket for juvenile matters. Report
(a) For the purposes of this section: (1) “Child” means child, as defined in § 46b-120; (2) “delinquent act” means delinquent act, as defined in § 46b-120; (3) “family violence” means family violence, as defined in § 46b-38a, between a child and a family or household member, as defined in § 46b-38a, except between the child and a person with a relationship to the child described in subparagraph (A), (E) or (F) of subdivision (2) of § 46b-38a; and (4) “mediation” means a process conducted in accordance with best practice principles for the mediation of family matters.
Terms Used In Connecticut General Statutes 46b-133f
- Child: means any person under eighteen years of age who has not been legally emancipated, except that (A) for purposes of delinquency matters and proceedings, "child" means any person who (i) is at least ten years of age at the time of the alleged commission of a delinquent act and who is (I) under eighteen years of age and has not been legally emancipated, or (II) eighteen years of age or older and committed a delinquent act prior to attaining eighteen years of age, or (ii) is subsequent to attaining eighteen years of age, (I) violates any order of the Superior Court or any condition of probation ordered by the Superior Court with respect to a delinquency proceeding, or (II) wilfully fails to appear in response to a summons under §. See Connecticut General Statutes 46b-120
- Contract: A legal written agreement that becomes binding when signed.
- Delinquent act: means (A) the violation by a child under the age of sixteen of any federal or state law, except a first or second offense under subdivision (1) of subsection (b) of §. See Connecticut General Statutes 46b-120
- Docket: A log containing brief entries of court proceedings.
- Oversight: Committee review of the activities of a Federal agency or program.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(b) The Judicial Department shall establish, within available appropriations, a family violence mediation program as a pilot program on the docket for juvenile matters in two judicial districts. Under the family violence mediation program, parties to an alleged delinquent act that involved family violence may agree to participate in mediation with an impartial third-party approved by the Superior Court to work toward a disposition of the alleged delinquent act that is satisfactory to each party. A juvenile probation officer, or the court, upon motion of any party, may refer the case of a child accused of a delinquent act involving family violence to the family violence mediation program. Such child’s participation in the family violence mediation program shall be supervised by a juvenile probation officer.
(c) Upon receipt of a report from the juvenile probation officer that the child’s progress in the family violence mediation program was satisfactory and that mediation has been successful, the court shall dismiss the charges against the child with respect to the delinquent act. Upon ordering that such charges be dismissed, the court shall order that all records of such charges be erased.
(d) Upon receipt of a report from a juvenile probation officer that mediation has not been successful or the child alleged to be a delinquent is no longer amenable to participation in the family violence mediation program or has failed to comply with the terms of any mediation agreement, the juvenile probation officer shall notify the prosecutorial official in charge of the case who may initiate delinquency or criminal proceedings against the child.
(e) Mediation services in cases referred to the family violence mediation program may be provided by private agencies under contract with the Court Support Services Division of the Judicial Department.
(f) If a child is under the supervision of the Department of Children and Families when the case of such child is referred to the family violence mediation program pursuant to this section, the court or probation officer shall notify the Department of Children and Families that such referral has been made.
(g) Not later than July 1, 2015, the executive director of the Court Support Services Division within the Judicial Department shall evaluate, within available appropriations, the pilot program established in each judicial district selected pursuant to subsection (b) of this section, and evaluate the feasibility of expanding the pilot program to other judicial districts. Not later than July 15, 2015, the executive director shall submit a report on such evaluation to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary and the Juvenile Justice Policy and Oversight Committee.