Conn. Gen. Stat. § 46b-129
(1949 Rev., S. 2634, subs. (a)-(e); 1949, 1953, 1955, S. 1469d, subs. (a)-(e); 1957, P.A. 50; 1959, P.A. 293; 1967, P.A. 698; 1969, P.A. 794, S. 7; 1971, P.A. 150; 184; 231; 253; 1972, P.A. 127, S. 24; 294, S. 18; P.A. 73-205, S. 5; 73-546, S. 2; 73-625, S. 3, 4; P.A. 74-251, S. 10, 11; P.A. 75-420, S. 4, 6; 75-492, S. 1, 2; 75-602, S. 4, 13; P.A. 76-436, S. 16, 668, 681; P.A. 77-272; 77-273; 77-614, S. 71, 521, 587, 610; P.A. 78-223, S. 1, 2; 78-303, S. 85, 136; P.A. 79-423; 79-579; 79-631, S. 84, 111; P.A. 80-483, S. 121, 186; P.A. 82-181, S. 1, 2; P.A. 84-449, S. 5, 7; P.A. 93-91 , S. 1 , 2 ; 93-262 , S. 1 , 87 ; P.A. 95-238 , S. 4 ; P.A. 96-246 , S. 20 , 21 ; P.A. 97-319 , S. 19 , 22 ; P.A. 98-185 ; 98-241 , S. 5 , 18 ; June Sp. Sess. P.A. 98-1 , S. 102 , 121 ; P.A. 00-137 , S. 2 , 3 , 15 ; P.A. 01-142 , S. 6 -8; 01-149 , S. 1 ; 01-195 , S. 37 , 38 , 181 ; June Sp. Sess. P.A. 01-2 , S. 33 , 69 ; June Sp. Sess. P.A. 01-9 , S. 129 , 131 ; May 9 Sp. Sess. P.A. 02-7 , S. 29 , 30 ; P.A. 03-243 , S. 2 ; P.A. 06-102 , S. 9 ; 06-196 , S. 173 ; P.A. 07-159 , S. 5 ; 07-174 , S. 3 ; 07-203 , S. 1 ; P.A. 09-185 , S. 3 ; 09-194 , S. 4 ; P.A. 10-26 , S. 6 ; 10-43 , S. 38 ; P.A. 11-51 , S. 16 ; 11-116 , S. 3 ; 11-180 , S. 3 ; 11-240 , S. 8 ; June 12 Sp. Sess. P.A. 12-1 , S. 269 , 272 , 273 ; P.A. 13-31 , S. 29 ; 13-194 , S. 5 , 6 ; 13-228 , S. 1 ; 13-234 , S. 71 , 72 ; P.A. 15-199 , S. 3 ; P.A. 16-124 , S. 3 ; P.A. 17-92 , S. 2 , 3 ; 17-237 , S. 115 ; P.A. 18-58 , S. 1 ; 18-67 , S. 11 ; 18-186 , S. 1 , 2 .)
Annotations to former sections 17-62 and 51-310: Foster parents are not parents for purposes of Subsec. (f). 171 Conn. 630 . Cited. 4 CS 254 . Youth and emotional instability of parents held not sufficient to warrant finding that child was uncared for or neglected. 21 CS 154 . Cited. 26 Conn.Supp. 316 ; 33 CS 193 . Annotations to present section: Cited. 177 C. 648 ; 179 C. 155 ; 187 Conn. 431 ; 188 C. 259 ; 190 C. 310 ; 192 C. 254 . Confers exclusive jurisdiction on Superior Court to enter orders in cases in which there is finding that child or youth is uncared for, neglected or dependent upon filing of a neglect petition. 195 C. 344 . Cited. 211 Conn. 151 ; 216 Conn. 563 . Cannot be read together with Sec. 45a-717(f)(3) so as to permit the custody determination made under this section to lead directly to the termination determination made under Sec. 45a-717(f)(3) ; judgment in 25 Conn.App. 586 reversed. 223 Conn. 492 . Cited. 224 Conn. 263 ; 230 C. 459 ; 238 C. 146 . Temporary custody orders entered by Superior Court for juvenile matters pursuant to Subsecs. (a) and (b) are final judgments for purposes of appeal. 256 C. 383 . Superior Court has exclusive jurisdiction when a neglect petition is filed pursuant to section; existence of a will appointing testamentary guardian does not deprive it of that jurisdiction. 260 C. 182 . Superior Court for juvenile matters did not lose subject matter jurisdiction because the youth, who was seeking relief in the proceeding, attained the age of 18, except that Superior Court for juvenile matters lacked subject matter jurisdiction over the youth's claim under Subsec. (j) because the youth was over age of 18 and had not alleged factual predicate that he was in full-time attendance in a secondary school, training school, college or job training program. 297 C. 673 . Noncustodial parent cannot be prohibited from entering a plea in a neglect proceeding if parent is seeking to contest the issue of whether the child was neglected; although section refers to "the parent" in the singular, it does not limit the giving of advice or the acceptance of a plea to custodial parents. 301 C. 245 . Court lacks authority under section to adjudicate a person who has reached age 18 as neglected or uncared-for and to commit such person to the care of department, regardless of the fact that the petition was filed before such person reached age 18. 303 C. 569 . Court lacks authority under section to adjudicate a person neglected or uncared-for and provide dispositional relief after the person reaches age 18. Id., 584. Cited. 1 CA 463 ; 6 CA 360 ; 8 CA 656 ; 9 CA 608 ; 13 Conn.App. 626 ; 19 CA 371 ; 22 Conn.App. 656 ; 26 CA 58 ; 29 CA 112 ; Id., 600; 31 Conn.App. 40 0; judgment reversed, see 230 Conn. 459 ; 33 CA 632 ; 35 CA 276 ; 45 Conn.App. 606 . Right to family integrity is not absolute; state's intervention in family matters is justified when it is found that a child has been neglected or uncared for. 76 Conn.App. 693 . Use of "shall" within statutory framework is directory and court did not lack jurisdiction. 87 CA 210 . Neglect proceedings are comprised of two parts, adjudication and disposition. 132 CA 314 . Read together with Sec. 46b-120 , sections vest court with authority to enter interim orders that are in the best interests of children. 155 Conn.App. 624 . Cited. 39 CS 514 ; 41 Conn.Supp. 23 ; Id., 145; Id., 505; 42 Conn.Supp. 562 ; 43 Conn.Supp. 108 ; 44 Conn.Supp. 235 ; Id., 551. Section does not govern termination of parental rights petitions. 47 Conn.Supp. 273 . Subsec. (a): Authority to draft and sign petitions to terminate parental rights not limited to attorneys. 247 C. 1 . Where commitment of children not contested, respondent parents not aggrieved and exhaustion of administrative remedies not required. 262 C. 155 . Cited. 2 Conn.App. 705 ; 9 Conn.App. 98 . Statute does not require that a respondent parent have custody for court to adjudicate a neglect petition. 51 CA 667. Subsec. (b): Held constitutional; burden of proof and standard of proof discussed. 189 Conn. 276 . Adjudication of neglect may be based on potential risk of harm. 58 Conn.App. 119 . Specific steps prescribed by court may not be interpreted as orders unto themselves from which the court may issue a contempt order. 64 Conn.App. 55 . Court order of temporary custody on basis that children were in imminent danger supported by evidence including that mother was suicidal, threatened to hurt herself and others, claimed to possess a gun, was under the influence of alcohol, told children to lie about her identity and refused to answer door when help arrived. 120 CA 537 . A finding of immediate physical danger is a prerequisite to entry of order under Subsec. granting temporary custody of a child in one other than the child's parents. 126 CA 493 . Subsec. (c): Does not violate due process. 10 Conn.App. 428 . Subsec. (e): "Shall" construed to be directory rather than mandatory. 9 CA 506. Cited. 23 Conn.App. 410 . Department of Children and Families may petition for an extension of commitment pursuant to section even when petition to terminate parental rights is pending. 40 CA 366 . Order of trial court extending commitment of minor child to commissioner is final judgment for purposes of appeal. 49 CA 361 . Subsec. (j): Trial court must both find and adjudicate on one of three distinct grounds prior to awarding custody of child to Department of Children and Families. 276 C. 146 . Cited. 46 CA 69 . Court's failure to order specific steps to facilitate reunification after a finding of neglect, although in error, did not preclude the termination of respondent's parental rights on the basis of abandonment pursuant to Sec. 17a-112(j) . 111 CA 500 . 18-year-old petitioner failed to establish factual predicate to allow court to commit petitioner to Department of Children and Families pursuant to Subsec. 125 CA 572 ; Id., 584. Subsec. is the basis on which the legislature intended a court to adjudicate a motion to transfer guardianship of a child or youth from Commissioner of Children and Families to an individual other than the parent or former guardian. 151 CA 820 . Subsec. contains no presumption in favor of a parent; Sec. 46b-56b does not apply to proceeding under this section. 153 Conn.App. 599 . A determination of whether a proposed guardian is a suitable and worthy caregiver is not required prior to proceeding to the best interests determination because a party seeking to transfer guardianship must satisfy both determination requirements. Id., 786. A court's disposition of neglect proceeding awarding custody and guardianship of child to one parent deprives the court of continuing jurisdiction over other parent's possible future reunification with child and requires the cessation of such reunification efforts. 165 CA 604. Subsec. (m): Because Subsec. directs the court to make two findings, first, that there no longer is a cause for commitment, and second, that revoking the commitment is in the child's best interest, Subsec. carries the implication that, at least when a motion for revocation of commitment is contested, an evidentiary hearing shall be held and the moving party must establish facts necessary to warrant revocation of the commitment. 297 C. 737. Because respondent parents have not exhausted their statutory remedy of moving to revoke commitment pursuant to section, court lacks jurisdiction over their claim. 66 CA 305 . Notwithstanding trial court's failure to make express finding with respect to whether a cause for commitment remained for two minor children committed to custody of Commissioner of Children and Families, trial court's denial of respondent mother's motion to revoke the commitment was proper given its clear and unequivocal finding that it would be in the best interests of the children to remain with their foster parents. 9 3 Conn.App. 25 . Trial court improperly revoked, sua sponte, child's commitment to Department of Children and Families and acted outside scope of its authority pursuant to section by opening judgment and revoking commitment without proper evidence, without giving notice to the parties and foster mother, and without giving foster mother opportunity to be heard as required by Subsec. (o). 98 CA 319 . Moving party has burden to prove that cause for commitment no longer exists. 116 CA 83 . Procedures set forth in Subsec. and Practice Book Sec. 35a-14A strike the appropriate balance between petitioner's and respondent's interests, and comply with the constitution's procedural due process requirements. Subsec. does not infringe on respondent's right to substantive due process because respondent was seeking to acquire custody of daughter from petitioner following daughter's commitment, rather than seeking to prevent interference with an existing and ongoing parent/child relationship. 183 CA 327 . Procedures set forth in Subsec. and Practice Book Sec. 35a-14A strike the appropriate balance between petitioner's and respondent's interests, and comply with the constitution's procedural due process requirements. Subsec. does not infringe on respondent's right to substantive due process because respondent was seeking to acquire custody of daughter from petitioner following daughter's commitment, rather than seeking to prevent interference with an existing and ongoing parent/child relationship. 183 Conn.App. 327 .
See Sec. 17a-109 re commitment of children to child-caring institutions.