Rule 30a-5. Dispositional Hearing

(a) The dispositional hearing may follow immediately upon an adjudication.

(b) The judicial authority may admit into evidence any testimony that is considered relevant to the issue of the disposition, in any form the judicial authority finds of probative value, but no disposition shall be made by the judicial authority until the predispositional study, unless waived, has been submitted. A written predispositional study may be waived by the judicial authority for good cause shown upon the request of the parties, provided that the basis for the waiver and the probation officer's oral summary of any investigation are both placed on the record. The predispositional study shall be presented to the judicial authority and copies thereof shall be provided to all counsel in sufficient time for them to prepare adequately for the dispositional hearing, and, in any event, no less than forty-eight hours prior to the date of the disposition.

(c) No disposition for probation supervision with residential placement in either a secure or staffsecure facility shall be made by the court until the written predispositional study and service memorandum have been submitted and reviewed by the judicial authority and a finding has been made by the judicial authority that (1) such placement is indicated by the child's or youth's clinical and behavioral needs or (2) the level of risk the child or youth poses to public safety cannot be managed in a less restrictive setting. The written predispositional study and service memorandum shall be presented to the judicial authority, and copies thereof shall be provided to all counsel in sufficient time to prepare adequately for the dispositional hearing.

(d) In cases in which the disposition is probation supervision with residential placement, the child's or youth's length of stay in a residential facility shall be dependent on the child's or youth's treatment progress and attainment of treatment goals, for an indeterminate period not to exceed eighteen months, exclusive of any request made for an extension of probation.

(e) The prosecutor, the attorney for the child or youth, the child or youth, and parent or guardian for the child or youth shall have the right to produce witnesses and evidence, including an independent evaluation, on behalf of any dispositional plan they may wish to offer.

(f) Prior to any disposition, the child or youth shall be allowed a reasonable opportunity to make a personal statement to the judicial authority in mitigation of any disposition.

(g) The judicial authority shall determine an appropriate disposition upon adjudication of a child or youth as delinquent in accordance with General Statutes § 46b-140.

Committee Notes

amended June 26, 2006, to take effect Jan. 1, 2007; amended June 22, 2009, to take effect Jan. 1, 2010; amended June 13, 2014, to take effect Jan. 1, 2015; amended June 13, 2019, to take effect Jan. 1, 2020; amended June 11, 2021, to take effect Jan. 1, 2022; amended June 14, 2024, to take effect Jan. 1, 2025.)