Connecticut General Statutes 46b-124a – Access to records of cases of juvenile matters by victim of delinquent act committed by a child
(a) Notwithstanding any provision of the general statutes concerning the confidentiality of records of cases of juvenile matters, as defined in section 46b-124, whether in a matter designated by the court for a nonjudicial disposition pursuant to section 46b-128 or otherwise, any victim of a delinquent act committed by a child shall, without a court order, have access to: (1) The name and address of the child; (2) the name and address of the child’s parents or guardian; (3) any charges pending against the child at the time that the victim requests such information that relate to such delinquent act; (4) information pertaining to the disposition of the matter that relates to such delinquent act; and (5) any order entered by the court pertaining to the victim, including, but not limited to, any order of no contact between the child and the victim. Any information received by a victim of a delinquent act pursuant to this subsection may be utilized by the victim in a subsequent civil action for damages related to an act of delinquency committed by the child, but such information shall not be further disclosed except as specifically authorized by an order of the court. For the purposes of this section “victim” means a person who is the victim of a delinquent act, the legal representative of such person, a parent or guardian of such person, if such person is a minor, or a victim advocate for such person under section 54-220.
Terms Used In Connecticut General Statutes 46b-124a
- another: may extend and be applied to communities, companies, corporations, public or private, limited liability companies, societies and associations. See Connecticut General Statutes 1-1
- Arrest: Taking physical custody of a person by lawful authority.
- Child: means any person under eighteen years of age who has not been legally emancipated, except that for purposes of delinquency matters and proceedings, "child" means any person who (A) 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 (B) 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 section 46b-133 or at any other court hearing in a delinquency proceeding of which the child had notice. See Connecticut General Statutes 46b-120
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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 section 21a-279a, the violation of section 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223 or 53a-223a, or the violation of a municipal or local ordinance, (B) the violation by a child sixteen or seventeen years of age of any federal or state law, other than (i) an infraction, (ii) a violation, (iii) a motor vehicle offense or violation under title 14, (iv) the violation of a municipal or local ordinance, (v) the violation of section 51-164r, 53a-172, 53a-173, 53a-222, 53a-222a, 53a-223 or 53a-223a, or (vi) a first or second offense under subdivision (1) of subsection (b) of section 21a-279a, (C) the wilful failure of a child, including a child who has attained the age of eighteen, to appear in response to a summons under section 46b-133 or at any other court hearing in a delinquency proceeding of which the child has notice, (D) the violation of any order of the Superior Court in a delinquency proceeding by a child, including a child who has attained the age of eighteen, or (E) the violation of conditions of probation supervision or probation supervision with residential placement in a delinquency proceeding by a child, including a child who has attained the age of eighteen, as ordered by the court. See Connecticut General Statutes 46b-120
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- Victim advocate: work with prosecutors and assist the victims of a crime.
(b) Records of cases of juvenile matters, as defined in subsection (a) of section 46b-124, other than those enumerated in subsection (a) of this section, including, but not limited to, police reports, arrest warrants, search warrants and any affidavits associated with such warrants that involve the victim may be disclosed to the victim upon order of the court for good cause shown. Information disclosed to the victim pursuant to this subsection shall not be further disclosed, except as specifically authorized by an order of the court.
(c) In determining whether good cause exists for the granting or denial of access to records pursuant to subsection (b) of this section, the court shall consider: (1) The age of the child; (2) the degree of injury to the victim or damage to property caused by the child’s delinquent act; (3) whether a compelling reason exists for disclosure or nondisclosure of the information contained in such records; and (4) whether the release of such information would jeopardize an ongoing criminal investigation. When making a good cause determination, the court may not consider as a factor whether the victim has an alternate means of ascertaining the information delineated in subsection (b) of this section.
(d) If the release of information available to a victim pursuant to subsection (a) of this section may result in jeopardizing (1) the safety of the child, a witness or another person; or (2) an ongoing criminal investigation, the prosecutorial official or an attorney representing the child, including an attorney from the Division of Public Defender Services, may file an objection with the court requesting that such information not be disclosed. The court shall articulate on the record the specific reason for sustaining any objection made pursuant to this subsection.