Connecticut Statutes

§ 46b-120 — (Formerly Sec. 51-301). Definitions.

Connecticut § 46b-120
JurisdictionConnecticut
Title 46bFamily Law
Ch. 815tJuvenile Matters

This text of Connecticut § 46b-120 ((Formerly Sec. 51-301). Definitions.) is published on Counsel Stack Legal Research, covering Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Conn. Gen. Stat. § 46b-120 (2026).

Text

The terms used in this chapter shall, in its interpretation and in the interpretation of other statutes, be defined as follows:

(1)“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

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Related

Hartford Courant Co. v. Carroll
986 F.3d 211 (Second Circuit, 2021)
11 case citations
Pc v. Connecticut Department of Children and Families
662 F. Supp. 2d 218 (D. Connecticut, 2009)
7 case citations
In Re Jasmine P., (Nov. 14, 1997)
1997 Conn. Super. Ct. 12233 (Connecticut Superior Court, 1997)
Aitkin v. Bates, No. Fa 98 0065795 S (Mar. 5, 2003)
2003 Conn. Super. Ct. 3463 (Connecticut Superior Court, 2003)
In the Interest of Steven J., (Jul. 18, 2000)
2000 Conn. Super. Ct. 8398 (Connecticut Superior Court, 2000)
In Re Jesse S., (Aug. 24, 2000)
2000 Conn. Super. Ct. 9706 (Connecticut Superior Court, 2000)
In Re Nestor R., (Dec. 14, 2001)
2002 Conn. Super. Ct. 17140 (Connecticut Superior Court, 2001)
In the Interest of Edwin S., (Mar. 21, 2000)
2000 Conn. Super. Ct. 3035 (Connecticut Superior Court, 2000)
In Interest of David E., (Feb. 11, 1999)
1999 Conn. Super. Ct. 1523 (Connecticut Superior Court, 1999)
In Interest of Shyliesh H., (Feb. 26, 1999)
1999 Conn. Super. Ct. 2329 (Connecticut Superior Court, 1999)
In Re Sheena, (Jun. 12, 2000)
2000 Conn. Super. Ct. 6826 (Connecticut Superior Court, 2000)
In Re Nestor R., (Jan. 2, 2002)
2002 Conn. Super. Ct. 1297-cz (Connecticut Superior Court, 2002)
In the Interests of Lorenzo M., (Jul. 31, 1998)
1998 Conn. Super. Ct. 9548 (Connecticut Superior Court, 1998)
In Re Israel R., (Sep. 23, 1997)
1997 Conn. Super. Ct. 8649 (Connecticut Superior Court, 1997)
In Re Michael W., (Jul. 28, 2000)
2000 Conn. Super. Ct. 8849 (Connecticut Superior Court, 2000)
In the Interest of Aaron H., (Jan. 21, 1999)
1999 Conn. Super. Ct. 450 (Connecticut Superior Court, 1999)
In the Interests of Jonathan M., (Oct. 23, 1998)
1998 Conn. Super. Ct. 11819 (Connecticut Superior Court, 1998)
In Re Stephanie P., (Jun. 21, 1999)
1999 Conn. Super. Ct. 6574 (Connecticut Superior Court, 1999)
In the Interests of Brea B., (Sep. 10, 2001)
2001 Conn. Super. Ct. 12626 (Connecticut Superior Court, 2001)

Legislative History

(1949 Rev., S. 2802; 1959, P.A. 28, S. 52; 1967, P.A. 630, S. 1; 1969, P.A. 794, S. 1; 1971, P.A. 72, S. 14; P.A. 75-602, S. 1, 13; P.A. 76-436, S. 668, 681; P.A. 77-577, S. 4; P.A. 79-567, S. 1, 7; 79-581, S. 1; P.A. 80-401, S. 4; P.A. 85-226, S. 1; P.A. 87-373, S. 13; P.A. 90-161, S. 1, 6; 90-240, S. 2, 6; 90-325, S. 19, 32; P.A. 91-303, S. 11, 22; June Sp. Sess. P.A. 92-1, S. 2; June Sp. Sess. P.A. 92-3; P.A. 93-91, S. 1, 2; 93-340, S. 16; P.A. 95-225, S. 9; P.A. 97-319, S. 18, 22; P.A. 98-256, S. 1; P.A. 00-177, S. 1, 5; P.A. 02-109, S. 1; 02-132, S. 18; P.A. 05-250, S. 1; June Sp. Sess. P.A. 07-4, S. 73; Sept. Sp. Sess. P.A. 09-7, S. 69, 82; June Sp. Sess. P.A. 10-1, S. 28; P.A. 11-71, S. 7–10; 11-157, S. 9–12; 11-240, S. 2, 3; June 12 Sp. Sess. P.A. 12-1, S. 266, 267; P.A. 14-186, S. 5; P.A. 16-147, S. 7; June Sp. Sess. P.A. 17-2, S. 146; P.A. 18-31, S. 25, 26; P.A. 19-187, S. 8; P.A. 21-104, S. 24; 21-174, S. 1; June Sp. Sess. P.A. 21-1, S. 5; P.A. 22-115, S. 17; P.A. 23-46, S. 11.) History: 1959 act amended definition of child and substituted circuit court for town, city, police or borough courts; 1967 act changed definition of dependent child's home from “poverty” to “financial instability” for “specialized care” and redefined child; 1969 act redefined “delinquent” child, substituted “financial inability” for “financial instability” in definition of “dependent” child, substituted educational and emotional deprivation for mental neglect in definition of “neglected” child and deleted reference to living under evil associations of home conditions and redefined “uncared for” child to delete reference to child whose home is unsuitable or who cannot support himself legally or without subjecting himself to conditions prejudicial to normal development; 1971 act redefined “child” to omit those between 16 and 18 years old who have been transferred from circuit court to superior court jurisdiction; P.A. 75-602 defined “youth”, added reference to “neglected” youths and “uncared for” youths and redefined “uncared for” to include reference to home which cannot perform specialized care needed and to specify that treatment by Christian Science practitioner does not constitute neglect or maltreatment; P.A. 76-436 replaced reference to juvenile court with reference to superior court, effective July 1, 1978; P.A. 77-577 defined “abused” and added reference to abused child in definition of “neglected” child; P.A. 79-567 defined “family with service needs” and amended definition of “delinquent” child accordingly; P.A. 79-581 defined “serious juvenile offense” and “serious juvenile offender”; Sec. 17-53 temporarily renumbered as Sec. 51-301 and ultimately transferred to Sec. 46b-120 in 1979; P.A. 80-401 changed effective date of P.A. 79-567 from July 1, 1980, to July 1, 1981; P.A. 85-226 amended definition of “delinquent” by deleting exception for order entered in matter relating to a family with service needs; P.A. 87-373 redefined “serious juvenile offense” to include a violation of Sec. 21a-277 or 21a-278; P.A. 90-161 added definitions re “alcohol-dependent child” and “drug-dependent child”; P.A. 90-240 substituted “mentally deficient” for “defective”, deleted the phrase “defect of intelligence” and substituted “truant or habitual truant”, as defined, for “habitually truant”; P.A. 90-325 changed effective date of P.A. 90-240 from July 1, 1990, to July 1, 1991; P.A. 91-303 removed a cite to Sec. 10-198a for the definition of truant and habitual truant; June Sp. Sess. P.A. 92-1 amended definition of “serious juvenile offense” to include a violation of Sec. 53a-217b; June Sp. Sess. P.A. 92-3 amended definition of “serious juvenile offense” to include violations of Secs. 29-35, 53a-94a, 53a-102a, 53a-103a, 53a-212 and 53a-216; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-340 amended definition of “family with service needs” to add Subpara. (E) re a child who is 13 years of age or older and has engaged in sexual intercourse with another person within a certain age range; P.A. 95-225 inserted Subdiv. indicators, revising Subpara. indicators accordingly for statutory consistency, added definition of “delinquent act”, amended the definition of “serious juvenile offense” to include violations of Secs. 29-33, 29-34, 53-21, 53-202b and 53-202c and include running away from any secure placement other than home while “referred as a delinquent child to the Office of Alternative Sanctions”, amended the definition of “serious juvenile offender” to replace “adjudicated a delinquent child” with “convicted as delinquent” and added definition of “serious juvenile repeat offender”; P.A. 97-319 redefined “abused” to include exploitation of a child or youth, effective July 1, 1997; P.A. 98-256 amended the definition of “child” in Subdiv. (1) to add definition of child for purposes of delinquency matters, amended the definition of a child found “delinquent” in Subdiv. (5) to replace “found” with “convicted as” and to include a child who has violated conditions of probation ordered by the court and amended the definition of “serious juvenile offense” in Subdiv. (11) to include a violation of Sec. 53a-136a; P.A. 00-177 added new Subdiv. (3) defining “youth in crisis”, renumbered Subdivs. (3) to (15), inclusive, as (4) to (16), and made changes throughout section for purposes of gender neutrality, effective July 1, 2001; P.A. 02-109 redefined “youth” in Subdiv. (2) by replacing “sixteen to eighteen” with “sixteen or seventeen” years of age, redefined “youth in crisis” in Subdiv. (3) by inserting “youth” in place of a specific age range and made technical changes, effective June 7, 2002; P.A. 02-132 made technical changes throughout and replaced “Office of Alternative Sanctions” with “Court Support Services Division” in Subdiv. (12); P.A. 05-250 added exception re provisions of Sec. 46b-148 in Subdiv. (6)(B) and made technical changes, effective October 1, 2007; June Sp. Sess. P.A. 07-4 redefined “child” for purposes of delinquency matters and proceedings to include children under “eighteen” years of age, instead of “sixteen”, and rewrote provisions, deleted definition of “youth in crisis” in former Subdiv. (3) and renumbered existing Subdivs. accordingly, redefined a child who may be convicted as “delinquent”, “delinquent act”, “serious juvenile offense”, and “serious juvenile repeat offender”, substituted “alcohol-dependent” for “alcohol-dependent child” and “drug-dependent” for “drug-dependent child”, and made technical changes, effective January 1, 2010; Sept. Sp. Sess. P.A. 09-7 redefined “child”, “youth”, “youth in crisis”, “convicted as delinquent”, “family with service needs” and “delinquent act” and made technical changes, effective January 1, 2010, and further amended said definitions to include children 17 years of age and deleted definition of “youth in crisis”, effective July 1, 2012 (Revisor's note: In Subdiv. (2), the words “who has not been legally emancipated” were inadvertently dropped from the version effective July 1, 2012, and were restored editorially by the Revisors for accuracy); June Sp. Sess. P.A. 10-1 redefined “child” in Subdiv. (1), child who may be convicted as “delinquent” in Subdiv. (5), “family with service needs” in Subdiv. (7), “delinquent act” in Subdiv. (10), and “serious juvenile offense” in Subdiv. (11), effective June 22, 2010; P.A. 11-71 amended Subdiv. (5) re definition of child who may be convicted as “delinquent” to add exception in Subpara. (B)(i)(I) for infraction under Sec. 21a-267(d) and exception in Subpara. (B)(i)(II) for violation under Sec. 21a-279a(a), and amended Subdiv. (10) re definition of “delinquent act” to add exception in Subpara. (B)(i) for infraction under Sec. 21a-267(d) and exception in Subpara. (B)(ii) for violation under Sec. 21a-279a(a), effective July 1, 2011; P.A. 11-157 amended Subdivs. (5) and (10) to add reference to Secs. 53a-222, 53a-222a, 53a-223 and 53a-223a, amended Subdiv. (10)(C) to (E) to delete “or older” re age of 17, and amended Subdiv. (11) to add reference to Secs. 53a-64aa, 53a-64bb and 53a-100aa, effective October 1, 2011, and further amended section to redefine “child” in Subdiv. (1), child who may be convicted as “delinquent” in Subdiv. (5), “family with service needs” in Subdiv. (7), “delinquent act” in Subdiv. (10), and “serious juvenile offense” in Subdiv. (11), effective July 1, 2012; P.A. 11-240 deleted former Subdiv. (3) re definition of “abused” and renumbered existing Subdivs. (4) and (5) as Subdivs. (3) and (4), deleted former Subdiv. (6) re definition of “dependent” and renumbered existing Subdivs. (7) and (8) as Subdivs. (5) and (6), amended Subdiv. (6) by deleting former Subpara. (D) re abused child or youth and adding exception for impoverished child or youth, added new Subdiv. (7) restating definition of “abused”, and renumbered existing Subdivs. (9) to (15) as Subdivs. (8) to (14), effective July 1, 2011; June 12 Sp. Sess. P.A. 12-1 redefined “child” in Subdiv. (1) and “family with service needs” in Subdiv. (5); P.A. 14-186 amended Subdiv. (8) to redefine child or youth may be found “uncared for” by inserting Subpara. (A) and (B) designators and adding Subpara. (C) re child or youth identified as victim of trafficking; P.A. 16-147 redefined “family with service needs” in Subdiv. (5), effective August 15, 2017; June Sp. Sess. P.A. 17-2 redefined “family with service needs” in Subdiv. (5), effective July 1, 2019; P.A. 18-31 deleted Subdiv. (2) defining “youth”, deleted Subdiv. (3) re child found “mentally deficient”, redesignated existing Subdivs. (4) to (14) as Subdivs. (2) to (12), amended redesignated Subdiv. (2) by redefining “delinquent”, amended redesignated Subdiv. (7) by redefining “delinquent act”, amended redesignated Subdiv. (8) by redefining “serious juvenile offense”, added Subdiv. (13) defining “pre-dispositional study”, added Subdiv. (14) defining “probation supervision”, added Subdiv. (15) defining “probation supervision with residential placement”, added Subdiv. (16) defining “risk and needs assessment”, added Subdiv. (17) defining “secure-residential facility”, added Subdiv. (18) defining “staff-secure residential facility”, replaced “convicted” with “adjudicated”, deleted references to youth, and made a technical change, effective July 1, 2018, and amended redesignated Subdiv. (3) by redefining “family with service needs”, effective July 1, 2019; P.A. 19-187 redefined “family with service needs” in Subdiv. (3), effective July 1, 2019; P.A. 21-104 added Subdiv. (19) defining “juvenile residential center”, effective January 1, 2022; P.A. 21-174 redefined “child” in Subdiv. (1) to include any person at least 10 years of age, effective July 1, 2021; June Sp. Sess. P.A. 21-1 redefined “child” by adding exception for “a first or second offense under subdivision (1) of subsection (b) of section 21a-279a” in Subdiv. (2)(A)(i) and in Subdiv. (2)(B) by adding same exception as Subpara. (B)(i)(VI), deleting in Subpara. (B)(i)(I) exception for an infraction under Sec. 21a-267(d) and deleting in Subpara. (B)(i)(II) exception for a violation under 21a-279a(a) and redefined “delinquent act” by adding exception for “a first or second offense under subdivision (1) of subsection (b) of section 21a-279a” in Subdiv. (7)(A) and in Subdiv. (7)(B) by adding same exception as clause (vi), deleting in clause (i) exception for an infraction under Sec. 21a-267(d) and deleting in clause (ii) exception for a violation under 21a-279a(a), effective July 1, 2021; P.A. 22-115 redefined “serious juvenile offense” by replacing reference to Sec. 53a-123(a)(3) with reference to Sec. 53a-123(a)(2) in Subdiv. (8); P.A. 23-46 redefined “child” in Subdiv. (1) by deleting former Subdiv. (1)(B) which defined “child” for purposes of family with service needs matters and proceedings and by making technical changes, redefined child who may be adjudicated as delinquent while under 16 years of age in Subdiv. (2)(A) by deleting exception re violation of ordinance regulating behavior of child in a family with service needs in Subdiv. (2)(A)(i) and deleting reference to exception provided in Sec. 46b-148 in Subdiv. (2)(A)(iii), redefined child who may be adjudicated as delinquent while 16 or 17 years of age in Subdiv. (2)(B) by deleting reference to exception provided in Sec. 46b-148 in Subdiv. (2)(B)(iii) and redefined “delinquent act” by deleting exception re violation of ordinance regulating behavior of a child in a family with service needs in Subdiv. (7)(A) and by deleting reference to exception provided in Sec. 46b-148 in Subdiv. (7)(D), effective July 1, 2023. Annotations to former section 17-53: Cited. 154 C. 644; 158 C. 439. “Uncared for” is not limited to “uncared for by each living biological parent”, but can include being cared for by close relative with the consent of biological parent. 33 CS 100. Annotations to present section: Cited. 187 C. 431; 189 C. 276; 195 C. 303; Id., 344; 199 C. 693; 204 C. 630; 206 C. 323; Id., 346; 207 C. 270; Id., 725; 210 C. 435; 211 C. 151; Id., 289; 214 C. 454; 215 C. 277; Id., 739; 221 C. 903; 223 C. 492; 229 C. 691; 237 C. 364; 240 C. 727; Id., 743. In predictive neglect proceedings, trial court must find with respect to each parent who has entered a plea contesting the neglect petition and who has expressed a willingness to care for the child independently of the other parent, if the child were to remain in that parent's independent care, the child would be denied proper care and attention, physically, educationally, emotionally or morally or would be permitted to live under conditions, circumstances or associations injurious to the well-being of the child; if the parents indicate they intend to care for the child jointly or if a court discredits a claim that a parent will care for the child independently, the court may treat the parents as a single unit. 305 C. 633. Definition of “abused”, when applied to teacher's cheek-pinching and name-calling behavior toward student, is not unconstitutionally void for vagueness because teacher had fair notice that such conduct constitutes emotional abuse. 312 C. 393. Cited. 1 CA 378; 2 CA 705; 3 CA 158; Id., 194; 9 CA 98; 10 CA 428; 11 CA 507; 18 CA 806; 23 CA 410. Where statutory requirements are met, a mother's prenatal conduct can be basis of a finding of neglect or termination of parental rights. 25 CA 586; judgment reversed, see 223 C. 492. Cited. 29 CA 600; 32 CA 759; 36 CA 146; 40 CA 216; 45 CA 606; 46 CA 545; 47 CA 64. It is not a constitutional right, but rather a statutory right, to be considered a juvenile. 51 CA 117. Adjudication of neglect may be based on potential risk of harm. 58 CA 119. In a substantiation of abuse hearing, if it is shown that child has sustained a nonaccidental injury as result of parent administered corporal punishment, hearing officer must determine whether the punishment was reasonable and whether parent believed the punishment was necessary to maintain discipline or to promote child's welfare. 86 CA 290. Although no actual harm was done to child, child was neglected within definition of section because the father was not taking his medication as required to remedy his known mental health condition and neither he nor respondent understood, or attempted to learn, extent of the risk that father may have posed to the child in his unmedicated state. 98 CA 797. An adjudication of neglect relates to the status of the child and is not necessarily premised on parental fault, and a finding that a child is neglected is different from finding who is responsible for child's condition of neglect. 121 CA 292; 123 CA 103. Plaintiff-teacher could not have been on notice that his cheek-pinching and name-calling behavior toward a student amounted to child abuse within the meaning of “abused” as interpreted by Department of Children and Families regulations, and as such, the definition of “abused” was unconstitutionally vague as to plaintiff's conduct and placement of plaintiff's name on child abuse and neglect registry based on such definition was unconstitutional. 134 CA 288; judgment reversed, see 312 C. 393. Read together with Sec. 46b-129, sections vest court with authority to enter interim orders that are in the best interests of children. 155 CA 624. Cited. 35 CS 241; 39 CS 490; Id., 514; 41 CS 23; Id., 505; 42 CS 562; 43 CS 108; Id., 211; Id., 367.

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Connecticut § 46b-120, Counsel Stack Legal Research, https://law.counselstack.com/statute/ct/46b-120.