In re Sheldon G.

583 A.2d 112, 216 Conn. 563, 1990 Conn. LEXIS 413
CourtSupreme Court of Connecticut
DecidedDecember 4, 1990
Docket14063
StatusPublished
Cited by30 cases

This text of 583 A.2d 112 (In re Sheldon G.) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Sheldon G., 583 A.2d 112, 216 Conn. 563, 1990 Conn. LEXIS 413 (Colo. 1990).

Opinion

Peters, C. J.

This appeal concerns the scope of discretion that General Statutes § 46b-124 confers upon a trial court to order disclosure of juvenile court records to “any third party.”1 The movant, who was sex[565]*565ually assaulted by the respondent, seeks disclosure of all juvenile court records relating to the respondent, Sheldon G., to assist her in a tort action, one count of which is directed against the respondent’s father and is grounded in his allegedly negligent failure to secure recommended psychiatric treatment for his son. The trial court, Burns, J., rejected the movant’s contention that her request for disclosure fell within the bounds of § 46b-124. The movant then appealed the trial court’s judgment to the Appellate Court, and we transferred the appeal to this court pursuant to Practice Book § 4023. Although we do not subscribe to the trial court’s reasoning in its entirety, we affirm its judgment.

The facts are undisputed. On September 29, 1987, the respondent, Sheldon G., then sixteen years old, broke into the movant’s home, struck her with a golf club, and then forced her to have sexual intercourse with him. On September 28, 1988, in an adult criminal proceeding in the Superior Court, he pleaded guilty 2 to sexual assault in the first degree, in violation of General Statutes § 53a-70 (a), in relation to his attack on the movant. On the same date he also pleaded guilty to an unrelated burglary, in violation of General Statutes § 53a-101. On April 28,1989, the trial court, Cur-[566]*566ran, J., imposed on Sheldon G. an effective sentence of forty years imprisonment, to be suspended after twenty-five years with five years probation.

The movant instituted a civil suit for damages against Sheldon G. and his father in November, 1988. Counsel for Sheldon G. in the civil action subsequently provided the movant’s counsel with medical and psychological reports regarding his client. One of these reports was a psychosocial history prepared by Whiting Forensic Institute (Whiting) in March, 1989, for the youth’s sentencing in the Superior Court. That report indicated that Sheldon G. had “a history of sexual offending behaviors” and referred, in turn, to an earlier report, dated July 23,1987, from “Connections Inc.,” a counseling and treatment facility in Middletown, which recommended placement in a treatment program to prevent “more serious sexual misbehavior.” The Whiting report noted that these treatment recommendations had not been “activated in a timely manner due to numerous canceled appointments by parents according to [Department of Children and Youth Services] staff.”

The movant inferred from the Whiting report the existence of records of adjudications, in either neglect or delinquency proceedings regarding Sheldon G., in the Superior Court for Juvenile Matters. She thereupon moved for disclosure of any such records that might exist, arguing that she had demonstrated a “compelling need” for the records because they “[might] well disclose evidence or lead to evidence” that Sheldon G.’s father had “long had knowledge of his son’s aberrant sexual conduct.” Although counsel for Sheldon G. had provided the movant with the Whiting report and with an authorization for the release of medical records, counsel for the movant acknowledged at oral argument that he had not used the authorization to seek discov[567]*567ery of such records from service providers,3 nor had he attempted to depose either Sheldon G. or his father on the movant’s behalf. The movant instead contended that any privilege or privacy right that Sheldon G. had possessed in regard to any juvenile record was attenuated by his release of medical records and by the fact that he would be incarcerated for many years.

The movant maintained at trial, as she does here upon appeal, that § 46b-124 confers “broad discretion” upon the Superior Court for Juvenile Matters to order disclosure of juvenile records to “any third party” having an interest therein. She notes that the predecessor of this statute, General Statutes (1958 Rev.) § 17-57, vested such discretion in the juvenile court, and she construes the subsequent statutory amendments as effectively specifying the circumstances in which disclosure is mandatory rather than discretionary. The trial court, to the contrary, interpreted the present statute to permit disclosure only in the circumstances enumerated in its various exception clauses or when required by overriding constitutional concerns such as the right to confront witnesses in a criminal proceeding.

We have not previously had the occasion to consider the scope of the discretionary authority vested in the trial court by § 46b-124. Our analysis of the statute is divided into two parts. First, we must decide whether the statute affords the trial court any discretion to permit disclosure of the records of juveniles in circumstances other than those either enumerated as exceptions to the rule of confidentiality or required for the protection of constitutional rights. Second, if we determine that the trial court continues to have residual discretion to order disclosure, we must decide whether that [568]*568discretionary authority encompasses the request of the movant in this case. It is our conclusion that the statute’s strong presumption of confidentiality, although it allows some room for discretion, can be overcome only by a showing of compelling need, which this movant has not made. Accordingly, we affirm the judgment of the trial court.

I

We turn first to the language, history and policy concerns of § 46b-124 to determine whether the statute affords the trial court discretion to disclose information from juvenile records to parties other than those to whom the statute expressly grants access. After its most recent revision, the statute provides, in relevant part: “(a) All records of cases of juvenile matters as defined in section 46b-121, or any part thereof, including studies and reports by probation officers, social agencies and clinics, shall be confidential and for the use of the court in juvenile matters, and open to inspection or disclosure to any third party, including bona fide researchers commissioned by a state agency, only upon order of the superior court,” with certain exceptions that are not directly applicable to this case. On its face, the statute enjoins confidentiality without precisely delineating the scope of the disclosure that the Superior Court may nonetheless order. In light of this patent ambiguity, it is appropriate for us to consider the legislative history of the statute and the policy that it was intended to further. State v. Mattioli, 210 Conn. 573, 576, 556 A.2d 584 (1989).

In construing a statute, “our goal is to ‘ascertain and give effect to the apparent intent of the legislature.’ ” State v. Champagne, 206 Conn. 421, 428, 538 A.2d 193 (1988), quoting State v. Blasko, 202 Conn. 541, 553, 522 A.2d 753 (1987). To discern the intent of the legislature, we look first to the words of the statute. State [569]*569v. Kozlowski, 199 Conn. 667, 673, 509 A.2d 20 (1986).

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Bluebook (online)
583 A.2d 112, 216 Conn. 563, 1990 Conn. LEXIS 413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sheldon-g-conn-1990.