FWSN-advisorybd-repo.. - The Connecticut Juvenile Justice Alliance

evoke or extend is recommended for consistency and patterns the permanency planning
provisions of the child protection and delinquency statutes cited above. The Federal
Adoption and Safe Families Act (1997) requires that status offenders, including
Connecticut’s FWSNs have permanency plan reviews and hearings. The first
permanency hearing must be 12 months from the date the child enters care, either from
the date temporary custody is granted or commitment ordered to the Department of
Children and Families. (See 45 CFR Sec. 1356.21(h)).
‣ Erasure of Families with Service Needs Records
It is recommended that the Judicial Branch work to fund and develop technology that
would provide for automatic erasure of records pertaining to a FWSN adjudication when
the child who is the subject of the record turns eighteen. It is further recommended that
the Judicial Branch establish policies and procedures that immediately erase successfully
diverted FWSN complaints upon dismissal.
‣ Child In Violation of FWSN Court Order
A major reform implemented on October 1, 2007 was the prohibition of the placement,
by the court, of an adjudicated FWSN child in detention for a violation of a court order.
Previously, a FWSN child violating a court order would be treated as a delinquent. P.A.
07-4 now treats a violation of a court order as an additional FWSN allegation and
requires the filing of a new petition alleging such a violation. Such a violation no longer
constitutes a delinquent act.
P.A. 07-4 requires the filing of a new petition alleging such a violation and sets forth the
options available to the court upon finding the allegations are true. Such a violation no
longer constitutes a delinquent act. The child is entitled to an attorney and an evidentiary
hearing on the allegations. If no violation is found, the case is dismissed and erased. If a
violation is found, the court determines the least restrictive alternative available to meet
the child’s and the community’s needs. The court may order the child to remain in the
child’s home or in the custody of a relative or any other suitable person. If the court finds
that there is no less restrictive alternative appropriate to meet the needs of the child and
the community, the court may enter an order that directs or authorizes a peace officer or
other appropriate person to place the child in a staff-secure facility 4 for not more than
forty-five days. If the child is placed in a staff secure facility, the court must review the
case every 15 days to consider whether continuing the placement is appropriate. At the
end of the period of placement in the staff-secure facility, the child must be returned to
the community and may be under the supervision of the juvenile probation officer.
A third alternative is that the court may order the child committed to the care and custody
of DCF for placement for a period not to exceed eighteen months and further order the
child to cooperate with DCF.
4 See section on CSSD funded Families with Service Needs (FWSN) Center
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