§ 46b-124a — Access to records of cases of juvenile matters by victim of delinquent act committed by a child.

(a) Notwithstanding any provision of the general statutes concerning the confidentiality of records of cases of juvenile matters, as defined in section 46b-124, whether in a matter designated by the court for a nonjudicial disposition pursuant to section 46b-128 or otherwise, any victim of a delinquent act committed by a child shall, without a court order, have access to: (1) The name and address of the child; (2) the name and address of the child's parents or guardian; (3) any charges pending against the child at the time that the victim requests such information that relate to such delinquent act; (4) information pertaining to the disposition of the matter that relates to such delinquent act; and (5) any order entered by the court pertaining to the victim, including, but not limited to, any order of no contact between the child and the victim. Any information received by a victim of a delinquent act pursuant to this subsection may be utilized by the victim in a subsequent civil action for damages related to an act of delinquency committed by the child, but such information shall not be further disclosed except as specifically authorized by an order of the court. For the purposes of this section “victim” means a person who is the victim of a delinquent act, the legal representative of such person, a parent or guardian of such person, if such person is a minor, or a victim advocate for such person under section 54-220. (b) Records of cases of juvenile matters, as defined in subsection (a) of section 46b-124 , other than those enumerated in subsection (a) of this section, including, but not limited to, police reports, arrest warrants, search warrants and any affidavits associated with such warrants that involve the victim may be disclosed to the victim upon order of the court for good cause shown. Information disclosed to the victim pursuant to this subsection shall not be further disclosed, except as specifically authorized by an order of the court. (c) In determining whether good cause exists for the granting or denial of access to records pursuant to subsection (b) of this section, the court shall consider: (1) The age of the child; (2) the degree of injury to the victim or damage to property caused by the child's delinquent act; (3) whether a compelling reason exists for disclosure or nondisclosure of the information contained in such records; and (4) whether the release of such information would jeopardize an ongoing criminal investigation. When making a good cause determination, the court may not consider as a factor whether the victim has an alternate means of ascertaining the information delineated in subsection (b) of this section. (d) If the release of information available to a victim pursuant to subsection (a) of this section may result in jeopardizing (1) the safety of the child, a witness or another person; or (2) an ongoing criminal investigation, the prosecutorial official or an attorney representing the child, including an attorney from the Division of Public Defender Services, may file an objection with the court requesting that such information not be disclosed. The court shall articulate on the record the specific reason for sustaining any objection made pursuant to this subsection.

Legislative History

(P.A. 17-99, S. 3.)