Conn. Gen. Stat. § 17a-12
Conn. Gen. Stat. § 17a-12
(1969, P.A. 664, S. 14; 1971, P.A. 13, S. 1; 1972, P.A. 111, S. 1; P.A. 73-552; P.A. 75-228; 75-524, S. 9, 30; 75-567, S. 79, 80; P.A. 76-436, S. 594, 681; P.A. 78-300, S. 1; P.A. 86-186, S. 8; P.A. 93-91, S. 1, 2; 93-216, S. 2; P.A. 99-26, S. 19, 39; P.A. 04-152, S. 3; P.A. 11-157, S. 7; P.A. 14-187, S. 12; P.A. 15-14, S. 26; P.A. 16-193, S. 4; P.A. 18-31, S. 20.)
Annotations to former section 17-420: Cited. 171 Conn. 644. Because defendant was over 18 and could not be "committed, admitted or transferred" to department's care and custody, requirement that department explore alternative of transfer to out-of-state institution did not apply to defendant and juvenile court properly declined to explore such alternative. 276 C. 633. Annotations to present section: Cited. 43 CA 613. Subsec. (a): To effectuate any transfer of a juvenile in custody of department, petitioner must first determine that it is in the child's best interest to do so; when petitioner seeks to transfer a juvenile in department's custody to Department of Correction, however, there is additional requirement that Superior Court must order the transfer following hearing; section requires that trial court, in determining whether to transfer allegedly dangerous juvenile to Department of Correction custody, must consider both best interest of the juvenile posing a safety concern and danger posed by that juvenile to other juveniles with whom the subject juvenile is or will be situated; delinquent juvenile who faces transfer proceedings pursuant to section does not have same liberty interest as adult who faces criminal proceedings; fact that, under due process clause, an adult who is not competent cannot be convicted of a crime does not mean that a juvenile who is not competent cannot be transferred to Department of Correction pursuant to section; fundamental fairness requires that juvenile be adequately represented at hearing so that court may make an informed and accurate determination of juvenile's best interest and the danger he or she poses. 264 C. 747. Statute as applied resulted in denial of procedural due process where court failed to determine competency prior to ordering transfer of mentally disabled youth from Department of Children and Families facility to a correctional institution; for purposes of future transfer proceedings, court must first consider child's competency and then determine if transfer is in child's best interest, including considering evidence of alternatives to incarceration. 68 CA 427. The term "dangerous" did not render Subsec. unconstitutionally vague as applied to respondent who had been previously adjudicated delinquent for a physical assault; respondent was denied due process and entitled to a hearing before a judge, without the need for a jury, in a matter that could subject her to incarceration in an adult correctional facility; burden is on Department of Children and Families to adduce evidence re whether a transfer to Department of Correction is warranted by clear and convincing evidence that the juvenile subject to the transfer is a danger to himself or herself or others or cannot be safely held under supervision of Department of Children and Families, and some evidence must also be adduced that the transfer is in the juvenile's best interest. 157 CA 826.