Connecticut
Judicial Branch Law Libraries
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rights reserved.
Rights of Minors in Connecticut
· MINOR, INFANT and INFANCY: “Except as otherwise provided by statute, on and after October 1, 1972, the terms "minor", "infant" and "infancy" shall be deemed to refer to a person under the age of eighteen years and any person eighteen years of age or over shall be an adult for all purposes whatsoever and have the same legal capacity, rights, powers, privileges, duties, liabilities and responsibilities as persons heretofore had at twenty-one years of age, and "age of majority" shall be deemed to be eighteen years..” Conn. Gen. Stats. § 1-1d (2007)
· CHILD: “means any person (A) under sixteen years of age, or (B) sixteen years of age or older who, prior to attaining sixteen years of age, has violated any federal or state law or municipal or local ordinance, other than an ordinance regulating behavior of a child in a family with service needs, and, subsequent to attaining sixteen years of age, violates any order of the Superior Court or any condition of probation ordered by the Superior Court with respect to such delinquency proceeding;” Conn. Gen. Stats. § 46b-120(1) (2007).
· YOUTH: “means any person sixteen or seventeen years of age;” Conn. Gen. Stats. § 46b-120(2) (2007).
· YOUTH IN CRISIS: “means any youth who, within the last two years, (A) has without just cause run away from the parental home or other properly authorized and lawful place of abode, (B) is beyond the control of parents, guardian or other custodian, or (C) has four unexcused absences from school in any one month or ten unexcused absences in any school year;” Conn. Gen. Stat. § 46b-120(3) (2007)
· FAMILY WITH SERVICE NEEDS: “means a family that includes a child who (A) has without just cause run away from the parental home or other properly authorized and lawful place of abode, (B) is beyond the control of parent, parents, guardian or other custodian, (C) has engaged in indecent or immoral conduct, (D) is a truant or habitual truant or who, while in school, has been continuously and overtly defiant of school rules and regulations, or (E) is thirteen years of age or older and has engaged in sexual intercourse with another person and such other person is thirteen years of age or older and not more than two years older or younger than such child;” Conn. Gen. Stats. § 46b-120(8) (2007).
· DELINQUENT ACT: “the violation of any federal or state law or municipal or local ordinance, other than an ordinance regulating the behavior of a child in a family with service needs, or the violation of any order of the Superior Court;” Conn. Gen. Stats. § 46b-120(11) (2007).
· STATUS OFFENDER: “is someone charged with an offense that would not be a crime if committed by an adult. Common examples are running away from home, being truant from school, and being beyond parental control.” Lawrence K. Furbish, Background on Status Offenders, Connecticut General Assembly Office of Legislative Research Report No. 2003-R-0130 (Jan. 31, 2003).
§ 10. Employment rights of minors in Connecticut
See Also:
Treated Elsewhere:
· Children’s Law Center, 893 Main Street, Willimantic, CT 06266
· Telephone: 860-423-0855
· Children’s Lawline: 1-888-LAWDOOR
· Connecticut Office of the Child Advocate http://www.oca.state.ct.us/
· Governor’s Prevention Initiative for Youth http://www.dmhas.state.ct.us/sig/
· Child Welfare League of America: http://www.cwla.org
· Office of Juvenile Justice and Delinquency Prevention: http://ojjdp.ncjrs.org
· National Council of Juvenile and Family Court Judges: http://www.ncjfcj.unr.edu/
· American Bar Association, Juvenile Justice Center: http://www.abanet.org/crimjust/juvjus
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SCOPE: |
Bibliographic resources relating to the criteria for statutory and common law emancipation, and the impact of emancipation on the status of minors and the obligations of parents.
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DEFINITIONS: |
· EMANCIPATION: "Where the parent has absolutely renounced, by agreement or implication, all care and control of the child, he is emancipated.” Town v. Anonymous, 39 Conn. Sup. 35, 38, 467 A.2d 687 (1983). · ORDER OF EMANCIPATION: “A minor over the age of sixteen who, like the minor child here, voluntarily lives apart from her parents who exercise and attempt to exercise no control over her activities is emancipated by operation of common law... Further, that minor is a party who may petition, as may her parents, for an order of emancipation pursuant to General Statute § 46b-150b...” Town v. Anonymous, 39 Conn. Sup. 35, 38, 467 A.2d 687 (1983). · COMMON LAW EMANCIPATION: “By voluntarily removing herself from her parents' home and securing her own support — originally by sharing her boyfriend's workfare support from the town, and subsequently by becoming a recipient of town welfare in her own name and that of her baby — the minor has effectively removed herself from parental controls. This circumstance, combined with her parents' acquiescence therein, results in her becoming, under common law principles, an emancipated minor.” Id. 38-39. · DESERTION BY PARENTS: “Ordinarily a child is emancipated at majority. 48 C. J. p. 485, § 119, and note 34. But the desertion of a minor by his parent may also emancipate him.” Plainville v. Milford , 119 Conn. 380, 384, 177 A. 138 (1935).
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STATUES: |
Conn. Gen. Stat. (2007) · § 46b-150. Emancipation of minor. Procedure. · § 46b-150a. Investigation of petition for emancipation. Report. Appointment of counsel. · § 46b-150b. Order of emancipation · § 46b-150c. Appeal · § 46b-150d. Effect of emancipation · § 46b-150e. Emancipation under common law.
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LEGISLATIVE:
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· Susan Price-Livingston, Emancipation Procedures, Connecticut General Assembly, Office of Legislative Research, Report No. 2002-R-0008 (Jan. 3, 2002). · George Coppolo, Emancipation of Minors, Connecticut General Assembly, Office of Legislative Research, Report No. 97-R-0163 (1997). · Saul Spigel, Parental Authority Over 16- and 17- Year Olds, Connecticut General Assembly, Office of Legislative Research Report No. 98-R-1521 (1998). · George Coppolo, Parents’ rights and responsibilities for their 16- and 17-year old children, Connecticut General Assembly, Office of Legislative Research, Report No. 2003-R-0564 (2003).
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COURT CASES:
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· Delevett v. Delevett, 156 Conn. 1, 3-4,238 A.2d 402 (1968). “When, as part of a divorce decree, a parent is ordered to pay a specified amount periodically for the benefit of more than one child, the emancipation of one child does not automatically affect the liability of the parent for the full amount . . . .The proper remedy, if the full amount is deemed excessive, is to seek a modification of the decree.” · In Re Thomas C., 44 Conn. Sup. 437, 691 A.2d 1140 (1996). “Although the petitioners’ stated reasons for seeking emancipation are understandable, the court finds that they do not meet the burden of good cause showing that it would be in the best interest of the child, or the parent, to emancipate Thomas.” (p. 444) · Wood v. Wood, 135 Conn. 280, 63 A.2d 586 (1948). “‘An ‘implied emancipation’ results when the parent, without any express agreement, by his acts or conduct impliedly consents that his minor son may leave home and shift for himself, have his own time, and the control of his earnings, and it may be inferred from and shown by the circumstances.’ Rounds Bros. v. McDaniel, 133 Ky. 669, 676, 118 S.W. 956.” (p. 284) · In Re Antina, Superior Court, Juvenile Matters, judicial district of Middlesex at Middletown (November 26, 1996). Juvenile’s petition for statutory emancipation granted · In Re Addison A., Superior Court, Juvenile Matters, judicial district of Hartaford/New Britain at Plainville, Docket No. 91-234 (April 16, 1992). Parents’ petition for court ordered emancipation of their seventeen year old son denied · Mills v. Theriault, 40 Conn. Sup. 349, 499 A.2d 89 (1985). Common law emancipation and child support obligation · Nelson v. Nelson, 22 Conn. Sup. 145, 164 A.2d 234 (1960). Custody and support order not entered when child was emancipated at time of dissolution · |
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ENCYCLOPEDIAS: |
· 59 Am. Jur. 2d Parent & Child §§ 80-87 (1987). · 43 C.J.S. Infants §§ 115-119 (1978). · 67A C.J.S. Parent & Child §§ 5-9 (1978). · Alice M. Wright, Annotation, What Voluntary Acts of Child, Other Than Marriage or Entry into Military Service, Terminate Parent’s Obligation to Support, 55 A.L.R. 5th 557 (1998). · Annotation, Joel E. Smith, Parent’s Obligation to Support Unmarried Minor Child Who Refuses to Live with Parent, 98 A.L.R. 3d 334 (1980).
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PAMPHLETS: |
· Legal Assistance Resource Center of Connecticut, A Teenager’s Guide to Emancipation (October 1999). URL: http://www.larcc.org/pamphlets/children_family/teen_emancipation.htm
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TEXTS & TREATISES: |
· 1 Donald T. Kramer, Legal rights of Children, Ch. 15 (2d ed. 1994) · Michael J. dale et al., Representing the Child Client, §3.05 (2000).
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LAW REVIEWS: |
· Francis C. Cady, Emancipation of Minors, 12 Conn. L. Rev. 62 (Fall 1979). · Julie S. Lavin, Emancipation of Minors: A Doctrinal and Practical Analysis for Child Advocates, 10 Conn. Fam. L. J., no. 3, 1992, at 1. · Dana F. Castle, Early Emancipation Statutes: Should they Protect Parents as Well as Children?, 20 Fam. L. Q. 343 (Fall 1986). · Katz, Schroeder & Sidman, Emancipating Our Children: Coming of Legal Age in America, 7 Fam. L. Q. 211 (1973).
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COMPILER: |
Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Department, Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343‑6560. EMAIL
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Table 1 Child support and emancipation
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Emancipation and Child Support
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ARREARAGE |
“This court, therefore, ‘has jurisdiction in a contempt proceeding to enter an order to pay child support on unpaid installments which accrued before the child reached majority, where the proceedings were commenced after the child reached majority. The jurisdiction of the court is a continuing one, and the mere emancipation of the child should not serve to cancel the arrearage.’” Arnold v. Arnold, 35 Conn. Sup. 244, 245-46, 407 A.2d 190 (1979).” Veras v. Veras, 45 Conn. Sup. 169, 170, 702 A.2d 1217 (1997).
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By Modification |
“When, as part of a divorce decree, a parent is ordered to pay a specified amount periodically for the benefit of more than one child, the emancipation of one child does not automatically affect the liability of the parent for the full amount . . . . The proper remedy, if the full amount is deemed excessive, is to seek a modification of the decree.” Delevett v. Delevett, 156 Conn. 1, 3-4,238 A.2d 402 (1968).
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SCOPE: |
Bibliographic resources relating to Connecticut’s Family With Service Needs law.
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SEE ALSO: |
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DEFINITION: |
· FAMILY WITH SERVICE NEEDS (FWSN): “means a family that includes a child who (A) has without just cause run away from the parental home or other properly authorized and lawful place of abode, (B) is beyond the control of the child's parent, parents, guardian or other custodian, (C) has engaged in indecent or immoral conduct, (D) is a truant or habitual truant or who, while in school, has been continuously and overtly defiant of school rules and regulations, or (E) is thirteen years of age or older and has engaged in sexual intercourse with another person and such other person is thirteen years of age or older and not more than two years older or younger than such child” Conn. Gen. Stats. § 46b-120(8)(2007). · |
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STATUTES: |
Conn. Gen. Stat. (2007) · Chapter 168. School attendance and employment of children § 10-198a Policies and procedures concerning truants (c) If the parent or other person having control of a child who is truant fails to attend the meeting ... or if such parent or other person otherwise fails to cooperate with the school in attempting to solve the truancy problem, such policies and procedures shall require the superintendent of schools to file for each such truant ... a written complaint ... pursuant to section 46b-149 alleging the belief that the acts or omissions of the child are such that his family is a family with service needs.” · Chapter 319. Department of Children and Families § 17a-1 Definitions · Chapter 815t. Juvenile matters § 46b-120 Definitions of ‘child,’ ‘youth,’ ‘youth in crisis,’ ‘family with service needs,’ etc. § 46b-140 Disposition upon conviction of child as delinquent. § 46b-146 Erasure of police and court records. § 46b-148 Violation of valid court order by child of family with service needs § 46b-149 Family with service needs. Complaint. Review by probation officer. Filing petition. Hearing. Order § 46b-149a Duties of police officer re child of family with service needs § 46b-149b Immunity of police officer or municipal official from parental liability § 46b-149c Truancy and other family with service needs cases. Duties of judicial branch § 46b-149d Demonstration project to establish school and community based truancy prevention initiative… Establishment of truancy or family with service needs docket. Duties of Court Support Services Division
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COURT RULES |
Connecticut Practice Book (2007 Edition) · Chap. 27.Reception and Processing of Nonjudicial Delinquency, Family with Service Needs, or Youth in Crisis Complaint, or Petitions · Chap. 29. Reception and Processing of Delinquency, Child from Family with Service Needs and Youth in Crisis Petitions and Delinquency Informations. · Chap. 30A. Delinquency, Family with Service Needs and Youth in Crisis Hearings. · Chap. 31A. Delinquency, Family with Service Needs and Youth in Crisis Motions and Applications.
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LEGISLATIVE:
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· Ryan F. O’Neil, Family With Service Needs, Connecticut General Assembly, Office of Legislative Research Report No. 2007-R-0256 (March 2, 2007). “You asked about the history of the family with Service Needs (FWSN) program.” · Saul Spigel, Parental Control and Teenagers’ Rights, Connecticut General Assembly, Office of Legislative Research Report No. 2002-R-0860 (Oct. 25, 2002). · Lawrence K. Furbish, Family With Service Needs (FWSN) Law Background, Connecticut General Assembly, Office of Legislative Research Report No. 97-R-0441 (March 20, 1997). · Summary of 1998 Public Acts, Connecticut General Assembly, Office of Legislative Research 204, PA 98-183 An Act Concerning Truancy and other Family with Service Needs Cases.
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CLE SEMINARS |
· Connecticut Bar Association, Advanced and Complex Issues in Juvenile Law (Dec. 13, 1996).
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COMPILER: |
Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Department, Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343‑6560. EMAIL |
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SCOPE: |
Bibliographic resources relating to: · the legal rights of minors who leave home without parental consent and · the responsibilities of legal guardians and public authorities.
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STATUTES: |
Conn. Gen. Stat. (2007) · Chapter 104. Municipal police and fire protection § 7-282c. Filing and dissemination of missing child reports · Chapter 164. Educational opportunities § 10-19m through 10-19p. Youth service bureaus . . . . · Chapter 319b. Department of Mental Retardation § 17a-185. Police transportation of certain minors to facility for care · Chapter 528. Department of Public Safety § 29-1e. Missing Children Information Clearinghouse. Definitions. Duties. Missing Child Reports. · Chapter 802h. Protected persons and their property § 45a-604 (5) ‘Guardianship’ means guardianship of the person of a minor, and includes: (A) The obligation of care and control; and (B) the authority to make major decisions affecting the minor’s welfare... § 45a-606 Father and mother joint guardians · Chapter 815t. Juvenile matters § 46b-149a. Duties of police officer re child of family with service needs. § 46b-150f. Youth in crisis. Petitions. Court Orders. Violations § 46b-150g. Duties of police officer re youth in crisis. § 46b-151 to 46b-151g. Interstate Compact on Juveniles (see especially Article IV) · Chapter 925. Statutory rights of action and defenses § 52-572 Parental liability for torts of minors United States Code (2007) · Chapter 72. Juvenile justice 42 U.S.C. §§ 5701-5751 · Chapter 119. Homeless assistance 42 U.S.C.A. §§ 11431-11435. Education for Homeless Children and Youth
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LEGISLATIVE HISTORY:
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“… this legislation goes to the heart of family rights. The rights of parents and guardians to raise their children with appropriate support of the legal system. Sixteen and seventeen-year-olds will no longer be in the gray twilight zone. Not accountable to anyone.” (p. 6042)
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LEGISLATIVE REPORTS:
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· Saul Spigel, Youth in Crisis Law, Connecticut General Assembly, Office of Legislative Research Report No. 2002-R-0786 (Sept. 23, 2002). “You asked for (1) a history and summary of the youth in crisis (YIC) law, (2) a comparison between it and the family with service needs (FWSN) law, and (3) current budgets for both.” · Lawrence K. Furbish, Background on Status Offenders, Connecticut General Assembly, Office of Legislative Research Report No. 2003-R-0130 (Jan. 31, 2003). “You asked for background information on ‘status offenders’ including (1) the definition of the term, (2) if they can be incarcerated, the process of finding them guilty, and (3) any laws or regulations concerning their confinement.” · Saul Spigel, Parental Control and Teenagers’ Rights, Connecticut General Assembly, Office of Legislative Research Report No. 2002-R-0860 (Oct. 25, 2002). “You asked about parents' control over teenagers and what ability teens have to make decisions without their parents' consent. · George Coppolo, Parents’ rights and responsibilities for their 16- and 17-year old children, Connecticut General Assembly, Office of Legislative Research, Report No. 2003-R-0564 (2003). “You asked for information about parental rights and responsibilities regarding their 16 and 17 year old children. You also asked whether 16 and 17 year olds are eligible for public defender services and whether their parents’ income and assets are considered in determining their eligibility.”
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REGULATIONS
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· Conn. Agencies Regs. §§ 10-19m-1 to 10-19m-10 (5-99). § 10-19m-1(f). “Youth Service Bureau’ means an agency operated directly by one or more municipalities or a private agency designated to act as an agent of one or more municipalities for the purpose of evaluation, planning, coordination and implementation of prevention, intervention and treatment services for delinquent, pre-delinquent, pregnant, parenting and troubled youth, and for the provision of opportunities for youth to develop positively and to function as responsible members of their community.” · 45 Code of Federal Regulations (October 1, 2006) Part 1351.Runaway and Homeless Youth Program. |
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COURT CASES:
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· In Re Thomas C. 44 Conn. Sup. 437, 442, 691 A.2d 1140 (1996). “The present case is another example of the inability of parents, schools, courts and social service agencies to deal effectively with the so-called ‘grey area’ cases. Such cases involve sixteen and seventeen year old minors, who cannot be legally compelled to attend school or to obey the household rules, but whose parents are legally obligated to support and to shelter them.”
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TEXTS & TREATISE:
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· 2 Donald T. Kramer, Legal Rights of Children (revised 2d ed. 2005). Chapter 20. Children in trouble: Status offenses § 20.1. The juvenile status offender § 20.4. Status offense jurisdiction § 20.6. Due process rights of juvenile status offenders § 20.7. Right to counsel § 20.17. The Runaway and Homeless Youth Act; Missing Children Act § 20.18. State laws · 1 Michael J. Dale, Representing the Child Client (2007). § 5.02. Status offenders [1] Introduction [2] Status offender Systems [3] Runaways · Emily Paradise & Robert Horowitz, Runaway and Homeless Youth: A Survey of State Law, A.B.A. Center on Children and the Law (1994).
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ENCYCLOPEDIAS: |
· Joel E. Smith, Annotation, Parent’s Obligation to Support Unmarried Minor Child Who Refuses to Live with Parent, 98 ALR3d 334 (1980).
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LEGAL PERIODICALS: |
· John L. Bonee, Runaway Children, 48 Conn. Bar J. 360 (1974). “A person between the ages of sixteen and eighteen ... is neither defined as a child nor an adult, but a ‘youth’. There is no statute in force in Connecticut which makes it a status offense for youth to run away.” p. 375 · Carrie Che-Man Fung, M.S.W., Foster Care Runaways: From Legislation to Progress Towards Self-Sufficiency, 20 Children’s Legal Rts. J., Summer 2000, at 33. · Karen A. Joe, The Dynamics of Running Away, Deinstitutionalization Policies and the Police, 46 Juv. & Fam. Ct. L. J., Summer 1995, at 43.
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HOTLINES: |
· National Runaway Switchboard: 1-800-621-4000 3080 North Lincoln Avenue, Chicago, IL 60657 email: info@nrscrisisline.org Counseling and referral services 24-hrs
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COMPILER: |
Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Department, Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343‑6560. EMAIL
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SCOPE: |
Bibliographic resources relating to: · the legal responsibilities of parents, guardians, school districts and public officials concerning truants and · judicial response to habitual truants
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DEFINITIONS: |
· “For the purposes of this section, ‘truant’ means a child age five to eighteen inclusive, who is enrolled in a public or private school and has four unexcused absences from school in any one month or ten unexcused absences from school in any school year” Conn. Gen. Stat. §10-198a(a) (2007). · “For the purposes of this section, ‘habitual truant’ means a child age five to eighteen, inclusive, enrolled in a public or private school and has twenty unexcused absences within a school year” Conn. Gen. Stat. §10-200 (2007).
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STATUTES: |
Conn. Gen. Stat. (2007) Chapter 168. School attendance and employment of children · § 10-184. Duties of parents. School attendance age requirements · § 10-185. Penalty · § 10-198a. Policies and procedures concerning truants. · § 10-199. Attendance officers. Duties. · § 10-200. Habitual truants. · § 10-201. Fees for arresting truants · § 10-202. Warrant and hearing. · § 46b-149c. Truancy and other family with service needs cases. Duties of judicial branch. · § 46b-149d. Demonstration project to establish school and community-based truancy prevention initiative. Sites. Grant eligibility. Establishment of truancy or family with service needs docket. Duties of Office of Alternative Sanctions.
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REGULATIONS: |
Conn. Agencies Regs. § 10-76d-7. Referral (7-05). “Each board of education shall accept and process referrals from appropriate school personnel, as well as from a child's parents; or from a physician, clinic or social worker, provided the parent so permits, in order to determine a child's eligibility for special education and related services. A board of education shall make available a standard referral form which shall be used in all referrals. Before a child is referred to a planning and placement team, alternative procedures and programs in regular ... (Effective September 1, 1980).”
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LEGISLATIVE: |
· Lawrence K. Furbish, Background on Status Offenders, Connecticut General Assembly, Office of Legislative Research Report No. 2003-R-0130 (Jan. 31, 2003). “You asked for background information on ‘status offenders’ including (1) the definition of the term, (2) if they can be incarcerated, the process of finding them guilty, and (3) any laws or regulations concerning their confinement.” · Judith Loham, Truancy Laws, Connecticut General Assembly, Office of Legislative Research Report No. 2000-R-0957 (October 13, 2000). “You asked how the law defines truancy and who is responsible for enforcing school attendance laws when parents fail to send young children to school.” · Saul Spigel, Truancy and Curfew Laws, Connecticut General Assembly, Office of Legislative Research Report No. 96-R-1273 (October 2, 1996). “You asked for summaries of the state's truancy and curfew laws.”
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COURT CASES:
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· Campbell v. Board of Education, 193 Conn. 93,94, 475 A.2d 289 (1984). “This case concerns the validity of the policy of a local school board that imposes academic sanctions for nonattendance upon high school students... The plaintiff claimed that the defendants’ policy was ultra vires in light of operative provisions of the Connecticut constitution and the United States constitution.”
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CLE SEMINARS |
· Advanced and Complex Issues in Juvenile Law, Conn. Bar Assoc. Seminar, Dec. 13, 1996.
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ENCYCLOPEDIAS: |
· Janet Boeth Jones, Annotation, Truancy as Indicative of Delinquency or Incorrigibility, Justifying Commitment of Infant or Juvenile, 5 ALR4th 1211 (1981). · Janet Boeth Jones, Annotation, Conditions at School as Excusing or Justifying Nonattendance, 9 ALR4th 122 (1981).
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TEXTS & TREATISE:
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· Thomas B. Mooney, A Practical Guide to Connecticut School Law (4th ed., 2004). Chapter 4. Residency and school attendance Mandatory school attendance (pp. 260-262) Student truancy (pp. 269-270) · 3 James A. Rapp, Education Law (2007) Chapter 8. The student-educational institution § 8.03. Compulsory education and attendance [1] Generally [2] Foundations [3] Validity of compulsory attendance requirements [4] Objections to the application of compulsory attendance requirements [5] Nature and scope of compulsory attendance requirements [8] Enforcement of compulsory attendance requirements · 2 Donald T. Kramer, Legal Rights of Children (Revised 2d ed. 2005). Chapter 20. The juvenile offender: Status offenses
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LAW REVIEWS: |
· Karl F. Dean, Criminalization of Truancy, 34 New England L. Rev. 589 (2000). · Joan L. Byer & Jeffrey Kuhn, A Model Response to Truancy Prevention: The Louisville Truancy Court Diversion Project, Juv. & Fam. Ct. J., Winter 2003, at 59.
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COMPILER: |
Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Department, Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343‑6560. EMAIL
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SCOPE: |
Bibliographic resources relating to student discipline and the due process rights of students.
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DEFINITIONS: |
· EXCLUSION: “means any denial of public school privileges to a pupil for disciplinary purposes.” Conn. Gen. Stats. § 10-233a(a) (2007). · REMOVAL: “means an exclusion from a classroom for all or part of a single class period, provided such exclusion shall not extend beyond ninety minutes.” Conn. Gen. Stats. § 10-233a(b) (2007). · IN-SCHOOL SUSPENSION: “means an exclusion from regular classroom activity for no more than five consecutive school days, but not exclusion from school, provided such exclusion shall not extend beyond the end of the school year in which such in-school suspension was imposed.” Conn. Gen. Stats. § 10-233a(d) (2007). · SUSPENSION: “means an exclusion from school privileges or from transportation services only for no more than ten consecutive school days, provided such exclusion shall not extend beyond the end of the school year in which such suspension was imposed.” Conn. Gen. Stats. § 10-233a(d) (2007). · EXPULSION: “means an exclusion from school privileges for more than ten consecutive school days and shall be deemed to include, but not be limited to, exclusion from the school to which such pupil was assigned at the time such disciplinary action was taken, provided such exclusion shall not extend beyond a period of one calendar year.” Conn. Gen. Stats. § 10-233a(e) (2007). · f) EMERGENCY: “means a situation under which the continued presence of the pupil in school poses such a danger to persons or property or such a disruption of the educational process that a hearing may be delayed until a time as soon after the exclusion of such pupil as possible.” Conn. Gen. Stats. § 10-233a(f)(2007).
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STATUTES: |
Conn. Gen. Stat. (2007) Chapter 170. Boards of education · § 10-222d. Policy on bullying behavior · § 10-233a. Definitions · § 10-233b. Removal of pupils from class. · § 10-233c. Suspension of pupils · § 10-233d. Expulsion of pupils · § 10-233e. Notice as to disciplinary policies and action. · § 10-233f. In-school suspension of pupils. Reassignment. · § 10-233g. Reports of principals to police authority concerning physical assaults upon school employees by students. · § 10-233h. Arrested students. Reports by police, disclosure, confidentiality. Police testimony at expulsion hearings. · § 10-233i. Students placed on probation by a court. · § 10-233j. Student possession and use of telecommunication devices. · § 10-235. Indemnification of teachers, board members, employees and certain volunteers and students in damage suits; expenses of litigation. · § 53a-217b. Possession of a weapon on school grounds: Class D felony.
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LEGISLATIVE: |
· Judith Lohman, School Expulsion Procedure, Connecticut General Assembly, Office of Legislative Research, Report No. 2002-R-0849 (Oct. 15, 2002). “You asked what procedure a school district must follow to expel a high school student for carrying a weapon on school grounds.” · Judith Lohman & Kristina Arsenault, School Discipline Policies and Procedures, Connecticut General Assembly, Office of Legislative Research, Report No. 2002-R-0123 (Feb. 7, 2002). “You asked (1) what policies the State Board of Education (SBE) has adopted regarding student behavior and school discipline; (2) how the state is addressing discipline problems in the Hartford school system; (3) what state and federal grants are available to improve school discipline; and (4) for examples of programs used elsewhere in the country, especially in urban districts, to improve student discipline and behavior.” · D’Ann Mazzocca, Random Drug Testing of Students, Connecticut General Assembly, Office of Legislative Research Report No. 97-R-1289 (November 4, 1997).
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COURT CASES:
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· New Jersey v. T.L.O., 469 U.S. 325, 105 S.Ct. 733, 83 L.Ed. 2d 720 (1985). “Under ordinary circumstances, a search of a student by a teacher or other school official will be ‘justified at its inception’ when there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school.” (p. 341) · Goss v. Lopez, 419 U.S. 565, 95 S.Ct. 729, 42 L.Ed. 2d 725 (1975). “Students facing temporary suspension have interests qualifying for protection of the Due Process Clause, and due process requires ... that the student be given oral or written notice of the charges against him and, if he denies them, an explanation of the evidence authorities have and an opportunity to present his side of the story.” (p. 581) · Packer v. Board of Education, 246 Conn. 89, 717 A.2d 117 (1998). “In order to subject a student to expulsion, conduct off school grounds must not only violate school policy, it must also be ‘seriously disruptive of the educational process’ for reasons other than the fact that it violated school policy,” (p. 112) “...the language of §10-233d indicates that the legislature intended that the phrase ‘seriously disruptive of the educational process’ apply to conduct that markedly interrupts or severely impedes the day-to-day operation of a school.” (p. 116-117) · Op. Att’y Gen 89-023 (1989). “We conclude that Conn. Gen. Stat. §§ 10-233c and 10-233d permit the transfer or exclusion of students on the basis of off-campus misconduct if such behavior threatens the safety of school property or the welfare of the persons who work or study there.” (p. 130) · Perry v. Wallingford Bd. of Education, Superior Court, judicial district of New Haven at New Haven, Docket No. CV94-0361257S (August 3, 1994). “The statute which authorizes boards of education to expel or suspend students from attendance at public schools ... does not provide for an appeal to the court from such administrative decisions.” · Ambrose v. Singe, Superior Court, judicial district of Danbury, Docket No. 320896, 19 Conn. L. Rptr. 639 (June 10, 1997). Plaintiff alleged that school officials were negligent in so far as they failed to discipline a student who threatened and finally attacked the plaintiff, and that the city was liable pursuant to Conn. Gen. Stat. §10-235.
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FORMS: |
· 6 James A. Rapp, Education Law (2006). Chapter F5. Student control and discipline § F5.01. Student control and discipline Includes sample code of discipline, code of student conduct, and emergency disciplinary procedures § F5.02 Disciplinary Procedures Includes sample notices for detention, probation, suspension, student misconduct, conferences, etc. · 22 Am. Jur. Pl. & Pr. Forms, Schools (2001) Form 120. Petition or application —For writ of mandamus—To compel readmission of expelled student—Insufficient evidence at expulsion hearing Form 121. Petition or application — For writ of mandamus—To compel issuance of diploma by school authorities Form 123. Complaint, petition, or declaration—To enjoin denial of admission of minor to school—By guardian ad litem or next friend Form 127. Complaint, petition, or declaration— To enjoin school authorities from preventing readmission of student indefinitely expelled for alleged intoxication—By next friend Form 129. Answer—Defense—Failure to exhaust administrative remedies following expulsion of student
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ENCYCLOPEDIAS: |
· 68 Am. Jur. 2d Schools (2000). Suspension and expulsion § 298. Generally § 299. Power of school authorities § 300. —Provided by statute § 301. —Principals and teachers Grounds § 302. Generally; insubordination or disobedience § 303. Sale or use of controlled substance or alcohol at school § 304. Use of vulgar or profane language § 305. Conduct outside of school § 306. Violent behavior or possession of weapons § 307. Other grounds Procedural rights of students facing suspension or expulsion § 308. Generally § 309. Notice and hearing § 310. —Evidence at hearing · 78A C.J.S. Schools and School Districts (1995) Control of pupils and discipline § 789. General considerations § 790. Free speech and expression § 791. Children and disabilities § 792. Search and seizures Rules and regulations § 793. General considerations § 794. Reasonableness § 795. —Particular rules Violations of rules; Offenses and punishment § 796. General considerations § 797. Corporal punishment Expulsion and suspension § 798. In general § 799. Grounds § 800. —Particular grounds § 801. Proceedings for expulsion; Interference by court § 802. Students with disabilities · Teacher’s Use of Excessive Corporal Punishment, 20 POF2d 511 (1979).
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PAMPHLETS: |
· Rules, Regulations and Rights in School (September 2006). Do students have rights when they break school rules? How do I know what my school's rules and policies are? What are the ways a school may punish a student? What rights does a student have when removed? Will grades be lowered because of a suspension? May schools transfer a student? · School Expulsion (July 2006) What is the process? What can you do?
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TEXTS & TREATISE:
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· Thomas B. Mooney, A Practical Guide to Connecticut School Law (4th ed., 2004). Chapter 4. Students, pp. 241-352 C. Student Discipline, pp. 272-293 1. Student expulsion a. Procedures b. Mandatory expulsion c. Alternative educational programs d. Off-campus conduct e. Criminal conduct and reporting obligations f. Special education students g. General matters 2. Student suspension 3. Other discipline action E. Student rights 2. Search and seizure a. Reasonable at inception b. Reasonable in scope c. Appling T.L.O. [New Jersey v. T.L.O. , 469 U.S. v. 325 (1985)] 3. Other constitutional rights a. Due process b. Equal protection c. Assignment of students d. Other constitutional claims · 3 James A. Rapp, Education Law (2007) Chapter 8. The student-educational institution relationship § 8.06. Regulation and recognition of academic or other performance [3] Academic dishonesty or fraud [4] Academic Evaluation and Discipline Chapter 9. Student safety, control and discipline § 9.03. Establishing student conduct rules § 9.04. Rules affected by the First and Fourteenth Amendments § 9.05. Rules relating to general student conduct § 9.06. Rules relating to student possession or use of substance § 9.08. Searches and investigations of students § 9.09. Student discipline procedures § 9.10. Student discipline methods · 2 Donald T. Kramer, Legal Rights of Children (revised 2d. ed. 2005). Chapter 25. Civil and constitutional rights of school children § 25:17. Freedom from unreasonable searches and seizure § 25:18. Locker searches § 25:19. Searches of a student’s property or person § 25:20. Situations and facts justifying searches § 25:21. Legality of using “sniffer dogs” to search for drugs § 25:22. Legality of urine testing in public schools § 25:24. The intended use of evidence obtained in the search · Michael J. Dale et al., Representing the Child Client §§ 6.04, 5.05 (2000). · Paul R. Kfoury, Children Before the Court: Reflections on Legal Issues Affecting Minors (2d ed., 1991). Chapter 9. Due process rights of children Search and seizure Due process in expulsion and suspension cases Suspension or removal from extracurricular activity Suspension and expulsion cases involving handicapped students Corporal punishment · Kathleen A. Hempelman, Teen Legal Rights: A Guide for the ‘90s 31-41 (1994). Chapter 2. At school Discipline and due process, pp. 31-41
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LAW REVIEWS: |
· Ira W. Bloom, Expulsion of Students for Activities Off School Grounds, 7 Conn. Lawyer, May 1997, at 12. · Andrew Brownstein, The BullyPulpit: Post-Columbine Harassment Victims Take Schools to Court, Trial, Dec. 2002, at 12. · Anthony J. DeMarco, Suspension/Expulsion – Punitive Sanctions From the Jail Yard to the School Yard, 34 New England L. Rev. 565 (2000). · Robert G. Fraser, Student Discipline from the Perspective of the School Attorney, 34 New England L. Rev. 573 (2000). · Victoria J. Dodd, Can We Create Violence-Free Schools That are Still Free? 34 New England L. Rev. 623 (2000). · Richard Lawrence, Controlling School Crime: An Examination of Interorganizational Relations of School and Juvenile Justice Professionals, 46 Juv. & Fam. Ct. J., Summer 1995, at 3. · Anne Proffitt Dupre, Should Students Have Constitutional Rights? Keeping order in the Public Schools, 65 Geo. Wash. L. Rev. 49 (1996). · Donald H. Stone, Crime & Punishment in Public Schools: An Empirical Study of Disciplinary Proceedings, 17 Am. J. Trial Advoc. 351 (1993). · Mary H.B. Gelfman & Jewel A. Gutman, How to Handle Student Discipline Cases, 37 Pract. Law. 43 (1991). · Myron Schreck, The Fourth Amendment in the Public Schools: Issues for the 1990s and Beyond, 25 Urban Law.117 (1993).
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WEB SITES: |
· American Civil Liberties Union – Student Rights http://www.aclu.org/StudentsRights/StudentsRightsMain.cfm · |
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COMPILER: |
Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Department, Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343‑6560. EMAIL
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Table 2 ALR Annotations on school discipline
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ALR Annotations on School Discipline
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Breach of contract |
Claudia G. Catalano, Annotation, Liability Of Private School Or Educational Institution For Breach Of Contract Arising From Expulsion Or Suspension Of Student, 47 ALR5th 1 (1997).
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Conduct outside of school |
Daniel E. Feld, Annotation, Right to Discipline Pupil for Conduct Away from School Grounds or Not Immediately Connected With School activities, 53 ALR3d 1124 (1973).
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Corporal punishment |
Allan L. Schwartz, Annotation, Administration Of Corporal Punishment In Public School Systems As Cruel And Unusual Punishment Under Eighth Amendment, 25 ALR Federal 431 (1975).
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Diploma |
· Lori J. Henkel, Annotation, College’s Power To Revoke Degree (1987). · Annotation, Student’s Right To Compel School Officials To Issue Degree, Diploma, Or The Like, 11 ALR4th 1182 (1982).
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Drug testing |
Kathleen M. Dorr, Annotation, Validity, Under Federal Constitution, Of Regulations, Rules, Or Statutes Allowing Drug Testing Of Students, 87 ALR Federal 148 (1988).
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Illness |
Jay M. Zitter, Annotation, Physical Or Mental Illness As Basis Of Dismissal Or Student From School, College, Or University (1982).
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Zero tolerance |
Jay M. Zitter, Annotation, Validity, Construction, And Operation Of School “Zero Tolerance” Policies Towards Drugs, Alcohol, Or Violence, 117 ALR5th 459 (2004).
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SCOPE: |
Bibliographic resources relating to student rights to freedom of expression in public schools.
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CONSTITUTION: |
· Conn. Const. Art.I, § 4. “Every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that liberty.” · Conn. Const. Art.I, § 5. “No law shall ever be passed to curtail or restrain the liberty of speech or of the press.” · U.S. Const. amend. I. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
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DEFINITIONS: |
· Tinker Standard: “In our system, state-operated schools may not be enclaves of totalitarianism… Students in school as well as out of school are ‘persons’ under our Constitution. They are possessed of fundamental rights which the State must respect, just as they themselves must respect their obligations to the State… In the absence of a specific showing of constitutionally valid reasons to regulate their speech, students are entitled to freedom of expression of their views.” Tinker v. Des Moines Independent Community School District, 393 U.S. 503,511,89 S.Ct. 733, 21 L.Ed.2d 731 (1969).
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CASES:
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· “Under Tinker, [Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969)] suppression of student speech is prohibited unless school officials reasonably conclude that it will ‘materially and substantially disrupt the work and discipline of the school.’”Pounds v. Katy Independent School District (S.D.Tex. 9-24-2007), Civil Action no. H-06-0527, United States District Court, S.D. Texas, Houston Division. (September 24, 2007). · Bethel School District No. 403 v. Fraser, 478 U.S. 675, 106 S.Ct. 3159, 92 L.Ed. 2d 549 (1986).“Unlike the sanctions imposed on the students wearing armbands in Tinker, the penalties imposed in this case were unrelated to any political viewpoint. The First Amendment does not prevent the school officials from determining that to permit a vulgar and lewd speech such as respondent's would undermine the school's basic educational mission. A high school assembly or classroom is no place for a sexually explicit monologue directed towards an unsuspecting audience of teenage students. Accordingly, it was perfectly appropriate for the school to disassociate itself to make the point to the pupils that vulgar speech and lewd conduct is wholly inconsistent with the "fundamental values" of public school education.” (p. 685) · Hazelwood School District v. Kuhlmeier, 484 U.S. 260, 108 S.Ct. 562, 98 L.Ed. 2d 592 (1988). Censorship of articles in a high school newspaper “Accordingly, we conclude that the standard articulated in Tinker for determining when a school may punish student expression need not also be the standard for determining when a school may refuse to lend its name and resources to the dissemination of student expression. Instead, we hold that educators do not offend the First Amendment by exercising editorial control over the style and content of student speech in school-sponsored expressive activities so long as their actions are reasonably related to legitimate pedagogical concerns.” (p.272-273) · Byars v. City of Waterbury, 47 Conn. Sup. 342, 795 A.2d 630 (2001). “The issue in the above captioned action is the constitutionality of a school dress code imposed by the Waterbury board of education on students attending the Waterbury public schools” “The plaintiffs have not claimed that the school dress code at issue violated any right to freedom of speech or expression, and the court makes no finding in this regard…The plaintiffs have failed to prove their other claims.” (p. 371)
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ENCYCLOPEDIAS: |
· 68 Am. Jur. 2d Schools (2000). § 284. Free speech rights. Generally § 285. Student newspapers and other printed material § 286. —Religious publications § 287. Personal appearance of students. Generally § 288. Vagueness in dress regulations § 289. Wearing of armbands and buttons · Robin Cheryl Miller, Annotation, Validity of Regulation by Public-School Authorities as to clothes or Personal Appearance of Pupils, 58 ALR5th 1 (1998). · Mitchell J. Waldman, Annotation, What Oral Statement of Student is Sufficiently Disruptive so as to Fall Beyond Protection of First Amendment, 76 ALR Fed. 599 (1986). · Teresia B. Jovanovic, Annotation, Propriety, Under First Amendment, of School board’s Censorship of Public School Libraries or Coursebooks, 64 ALR Fed 771 (1983). · Donald T. Kramer, Annotation, Validity, Under Federal Constitution, of Public School or State College Regulation of Student Newspapers, Magazines, or Other Publications –Federal Cases, 16 ALR Fed. 182 (1973).
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TREATISES: |
· Thomas B. Mooney, A Practical Guide to Connecticut School Law 320-329 (4th ed., 2004). Chapter 4. Students E. Student rights 1. Free speech a. Tinker standard 1. The internet 2. Threats b. “Legitimate pedagogical concerns” c. Evolution of free speech rules · 3 James A. Rapp, Education Law (2007). Chapter 9. Student safety, control and discipline § 9.04. Rules affected by the First and Fourteenth Amendments [4]—Speech [a]—In general [b]—Symbolic speech and political expression [c]—Pure speech or expression · 5 James A. Rapp, Education Law §§ 11.01—11.04 (2007). Chapter 11. Curriculum and teaching methods § 11.01. Academic freedom § 11.02. Curriculum, teaching methods, instructional materials, and school activities § 11.03. Library and resource center material § 11.04. Services and activities related to the educational institution · 2 Michael J. Dale et al., Representing the Child Client (2007). Chapter 6. Representing students in school-related matters § 6.07. Freedom of expression [1]—Overview [2]—Tinker v. Des Moines Independent Community School District [3]—Bethel School District No. 403 v. Fraser [4]—Hazelwood School District v. Kuhlmeier [5]—Considerations after Tinker, Fraser, and Kuhlmeier [6]—Particular forms of expression in the schools [a]—Saluting the flag [b]—Buttons, armbands, and other insignia [c]—Hair length, dress code, and other matters of personal appearance [d]—Distribution of literature [e]—School-sponsored activities · 2 Donald T. Kramer, Legal Rights of Children § 25.06 (1994).
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LAW REVIEWS: |
· Louis John Seminski, Note, Tinkering with Student Free Speech: The Internet and the Need for a New Standard, 33 Rutgers L. J. 165 (2001). · Linda Hills, “Zero Tolerance” for Free Speech (Threatening Speech in Schools), 30 J. of L & Educ. 365 (2001). · Whitney A. Kaiser, The Use of Internet Filters in Public Schools: Double Click on the Constitution, 34 Col. J.L. & Soc. Probs. 49 (2000). · Clay Clavert, Free Speech and Public Schools in a Post-Columbine World: Check Your Speech Rights at the Schoolhouse Metal Detector, 77 Denv. U.L. Rev. 739 (2000).
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INTERNET RESOURCES: |
· American Civil Liberties Union – Student Rights
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COMPILER: |
Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Department, Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343‑6560. EMAIL
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SCOPE: |
Bibliographic resources relating to juvenile curfew ordinances and the constitutional issues raised by juvenile curfews.
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STATUTES: |
Conn. Gen. Stat. (2007) Chapter 98. Municipal powers § 7-148 Scope of municipal powers (c) “Any municipality shall have the power to do any of the following, in addition to all powers granted to municipalities under the Constitution and general statutes: (7) Make rules relating to . . . . (F)(iii) Prohibit the loitering in the nighttime of minors on the streets, alleys or public places within its limits;”
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LOCAL ORDINANCES
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· New London, Conn., Ordinance 02-22-94-6 (April 4, 1994). · Hartford, Conn., Code ch. 25, § 25-4 (Sept. 16, 1993). · Bridgeport, Conn., Code ch. 9.12, art. I, §§ 9.12.010 - 9.12.060. · New Britain, Conn., Code ch. 16, art. VII, §§ 16-120 - 16-126.
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LEGISLATIVE: |
· JAson K. Matthews, Constitutionality of Hartford’s Loitering Ordinance, Connecticut General Assembly, Office of Legislative Research Report No. 2002-R-0296 (Mar. 27, 2002). · Saul Spigel, Truancy and Curfew Laws, Connecticut General Assembly, Office of Legislative Research Report No. 96-R-1273 (October 2, 1996).
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COURT CASES:
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· Voters Education Committee v. State, 77724-1 (Wash. 9-13-2007), Washington Supreme Court. “Under the Fourteenth Amendment, a statute may be void for vagueness ‘if it is framed in terms so vague that persons of common intelligence must necessarily guess at its meaning and differ as to its application.’ O'Day v. King County, 109 Wn.2d 796, 810, 749 P.2d 142 (1988) (citing Connally v. Gen. Constr. Co., 269 U.S. 385, 391, 46 S. Ct. 126, 70 L. Ed. 322 (1926); Papachristou v. City of Jacksonville, 405 U.S. 156, 162, 92 S. Ct. 839, 31 L. Ed. 2d 110 (1972)). Moreover, the Supreme Court has ‘repeatedly emphasized that where First Amendment freedoms are at stake a greater degree of specificity and clarity of purpose is essential.’ Id. (citing, e.g., Erznoznik v. City of Jacksonville, 422 U.S. 205, 217-18, 95 S. Ct. 2268, 45 L. Ed. 2d 125 (1975)). · Papachristou v. City of Jacksonville, 405 U.S. 839, 162, 92 S. Ct. 839, 843 (1972). “This ordinance is void for vagueness, both in the sense that it ‘fails to give a person of ordinary intelligence fair notice that his contemplated conduct is forbidden by the statute,’... and because it encourages arbitrary and erratic arrests and convictions”
· Ramos v. Town of Vernon, No. 01-7118 (2d Cir. June 2, 2003). The U.S Court of Appeals for the 2nd Circuit ruled that the Town of Vernon curfew ordinance violates the constitutional rights of juveniles. “The constitutionality of a curfew is determined by balancing the recognized interests the state has in protecting children and fighting crime against the constitutional right of all citizens, including juveniles, to move about freely. Here, Vernon’s curfew interferes with juveniles’ freedom of movement, that is, their right to walk the streets, move about at will, meet in public with friends, and leave their houses when they please. This right to free movement is a vital component of life in an open society, both for juveniles and adults.” · Ramos v. Town of Vernon, 254 Conn. 799, 762 A.2d 705 (2000). “This case, which comes to us upon our acceptance of six certified questions from the United States District Court for the District of Connecticut …, asks us to consider the facial validity, under the Connecticut constitution, of the nighttime juvenile curfew ordinance of the named defendant, the town of Vernon” (801). · Ramos v. Town of Vernon, 48 F. Supp. 2d 176 (D.Conn. 1999). “... the court hereby enters a declaratory judgment that Vernon’s curfew ordinance does not violate the United States Constitution for any of the reasons alleged by the plaintiffs” (188). Hutchins by Owens v. District of Columbia, 188 F.3d 531 (D.C. Cir, 1999) Curfew law found constitutional; district court’s grant of summary judgment reversed “That the rights of juveniles are not necessarily coextensive with those of adults is undisputed, and ‘unemancipated minors lack some of the most fundamental rights of self-determination—including even the right of liberty in its narrow sense, i.e., the right to come and go at will.’...” (p. 539) · Qutb v. Strauss, 11 F.3d 488 (5th Cir. 1993), cert. denied, 511 U.S. 1127 (1994). “In conclusion, we find that the state has demonstrated that the curfew ordinance furthers a compelling state interest, i.e., protecting juveniles from crime on the streets. We further conclude that the ordinance is narrowly tailored to achieve this compelling state interest. Accordingly, we hold that the nocturnal juvenile curfew ordinance ... is constitutional.” (p. 496)
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ENCYCLOPEDIAS: |
· 42 Am. Jur. 2d Infants (2000). § 26. [Curfews] Generally; equal protection issues § 27. Other constitutional challenges § 28. Exceptions · Danny R. Veilleux, Annotation, Validity, Construction, and Effect of Juvenile Curfew Regulations, 83 ALR4th 1056 (1991). · Eunice A. Eichelberger, Annotation, Criminal Responsibility of Parent for Act of Child, 12 ALR4th 673 (1982), § 7. Failure to Observe Curfew.
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TEXTS & TREATISE:
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· 1 Donald T. Kramer, Legal Rights of Children (rev. 2d. ed. 2005). Chapter 14. Restrictions on the legal rights and liberties of adolescents § 14:7. Curfews · 6A Eugene McQuillin, The Law of municipal Corporations (3d ed. revised 2004). § 24.111. Regulation · 1 Michael J. dale et al., Representing the Child Client (2007). Chapter 3. The legal status of minors [3] —Right to participate in community activities [e] Restrictions on mobility [ii]. Curfew
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LAW REVIEWS: |
· Megan R. Leger, Parental Escort Policies (Teen Curfews In Shopping Centers), The Practical Real Estate Lawyer 23.3 (May 2007), pp. 45-50. · Frank DeLucia, Connecticut’s Juvenile Curfew Ordinances: An Effective Means for Curbing Juvenile Crime, or an Unconstitutional Deprivation of Minors’ Fundamental Rights? 15 Quinnipiac L. Rev. 357 (1995). · William L. Foreman, The Constitutional Dilemma Over Juvenile Curfews, 53 Okla. L. Rev. 717 (2001). Extensive discussion of Hutchins v. District of Columbia, 188 F.3d 531 (D.C. Cir 1999) · Adam W. Poff, A Tale of Two Curfews (and one city): what do two Washington D.C. juvenile curfews say about constitutional interpretations of District of Columbia courts and the confusion over juvenile curfews everywhere? 46 Vill. L. Rev. 277 (Feb. 2001). · Brant K. Brown, Note, Scrutinizing Juvenile Curfews: Constitutional Standards & the Fundamental Rights of Juveniles & Parents, 53 Vand. L. Rev. 653 (2000). · Jordan C. Budd, Juvenile Curfews: The Rights of Minors vs. the Rhetoric of Public Safety, 26 Human Rights, Fall 1999, at 22. · Note, Juvenile Curfews and Gang Violence: Exciled on Main Street, 107 Harv. L. Rev. 1693 (1994). · Note, Assessing the Scope of Minors’ Fundamental Rights: Juvenile Curfews and the Constitution, 97 Harv. L. Rev. 1163 (1984). · Alexander K. Marketos, The Constitutionality of Juvenile Curfews, 46 Juv. & Fam. Ct. L. J., Spring 1995, at 17. [available at the Norwich Law Library] · Gregory Z. Chen, Youth Curfews and the Trilogy of Parent, Child, and State Relations, 72 N.Y.U. L. Rev. 131 (1997). · Robert E. Shepherd, Jr., The Proliferation of Juvenile Curfews, 12 Crim. Just., Spring 1997, at 43. · Overtis Hicks Brantley & Robyn E. Blumner, Curfews for Juveniles - Yes: Safety is Fundamental Right; No: Curfews Treat Law-abiding Teens Like Criminals, 80 A.B.A. J., April 1994, at 40.
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COMPILER: |
Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Department, Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343‑6560. EMAIL
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SCOPE: |
Bibliographic resources relating to the capacity of minors to enter into contracts and the enforceability of such contracts.
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DEFINITIONS; |
· Privilege of an infant to avoid contracts: “The privilege of an infant to avoid contracts which are injurious to him, and rescind those which are not, is not an exception to a general rule, but a general rule with exceptions. The law assumes the incapacity of an infant to contract. It also recognizes the fact that ... it is indispensably necessary that an infant should be at liberty to contract for necessaries; and that he may happen to make other contracts which will be beneficial to him. It does not therefore forbid him to contract, but gives him for his protection the privilege of avoiding contracts which are injurious to him and rescinding all others ... excepting from the operation of the privilege only contracts for necessaries, contracts which he may be compelled in equity to execute, and executed contracts where he has enjoyed the benefit of them and can not restore the other party to his original position.” Riley v. Mallory, 33 Conn. 201, 206 (1866). · Necessities: ).“Even when an infant agrees to pay a stipulated price for necessaries, he is not bound to pay the price stipulated in the contract, and the person furnishing them can recover only the fair and reasonable value of such necessaries.” Ennis v. Beers, 84 Conn. 610, 612-613, 80 A. 772 (1911). · |
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STATUTES: |
Conn. Gen. Stat. (2007) Chapter 36a. Deposits § 36a-297. Deposits or share accounts of minors. “A minor may contract to establish a deposit account with any bank or share account with any Connecticut credit union or federal credit union, and may be the owner, or a joint owner, co-owner or beneficiary of any deposit account...” Chapter 699. Insurance contracts in general § 38a-284. Insurance contracts by minors Chapter 815t. Juvenile matters § 46b-150d. Effect of emancipation
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RESTATEMENT OF THE LAW:
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· Restatement (Second) of Contracts (1981) § 7. Voidable contracts § 12. Capacity to contract § 14. Infants
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COURT CASES:
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· Saccente v. Laflamme, No. CV01-00756730 (J.D. of Tolland at Rockville July 11, 2003). “In opposition to the motion for summary judgment, the plaintiff also claims that there is a genuine issue of material fact as to whether a release and hold harmless agreement is enforceable against a minor. The plaintiff claims, quoting Addario v. Sandquist, Superior Court, judicial district of New Haven at New Haven, Docket No. CV 960391759 (March 25, 1998, DeMayo, J.T.R.) (21 Conn.L.Rptr. 501), that it is well settled that a child who enters into a contract may elect to avoid the legal relations created by the contract. However, there the court found that the contract was entered into by the minor on his own and for himself. Similarly, in Blancato v. Feldspar Corporation, 203 Conn. 34, 52 A.2d 1235 (1987), cited by the plaintiff the court allowed a minor to avoid an employment contract but only where he had been illegally employed in violation of the child labor laws. In Wells v. Radville, 112 Conn. 459, 465, 153 A. 154 (1931), the court held that ‘[t]he contract implied by the Compensation Act, that both parties agree to accept its benefits and be bound thereby in lieu of any other remedy, being a contract implied by the law for the mutual protection and benefit of both, there seems no logical reason why a minor should not be bound and subject to this implied contract just as much as a person of full age and sui juris.’ Thus in proper circumstances a minor may enter into a binding contract. In any event, the issue here is not the same as the cases cited above since the contracts here were entered into not only by the minor but also by the minor's parent on his own behalf as well as on behalf of his child.” · Addario v. Sandquist, No. CV-96-0391759S (Mar. 25, 1998), Judicial District of New Haven at New Haven, 21 Conn. L. Rptr. No. 15, 501 (May 25, 1998), 1998 WL 161176. “Assuming as facts the defendant's scenario, the court finds no basis to suggest that this was not a purchase by the minor. The adult who was present did not stand ‘in loco parentis’ to the minor. He was the father of a friend of the minor, both having accompanied this plaintiff to the car trade show in the minor's car. The minor's registration plate was placed on the vehicle, and it was the minor who received the bill of sale and the car keys from the defendant. The defendant did not insert any name in the bill of sale under ‘purchaser.’” · Goodrow v. Bates, Superior Court, Judicial District of Danbury, Docket No. 295634 (May 8, 1992). “The clear impact of Blancato is that the plaintiff has an election of remedies, either to affirm the illegal employment contract and accept workers’ compensation benefits, or to reject it and bring a common law tort action... This is a clear situation of election of remedies and ratification of the illegal employment contract.” · Wells v. Radville, 112 Conn. 459, 465, 153 A. 154 (1931).“The contract implied by the [Workers’] Compensation Act, that both parties agree to accept its benefits and be bound thereby in lieu of any other remedy, being a contract implied by the law or the mutual protection and benefit of both, there seems no logical reason why a minor should not be bound and subject to this implied contract just as much as a person of full age and sui juris.” · Blancato v. Feldspar Corporation, 203 Conn. 34, 41-42,522 A.2d 1235 (1987). Estate of a minor who was illegally employed may bring a suit for wrongful death despite the exclusive remedy provision of the Workers’ Compensation Act. “...we limit this power of election with respect to employment contracts to minors who had been illegally employed.” · Saccavino v. Gambardella, 22 Conn. Supp. 167, 169, 164 A.2d 304 (1960). “The infancy of the defendant son should be pleaded as a defense if relied upon, rather than as a ground of demurrer.” · |
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FORMS: |
· 9B Am. Jur. Legal Forms 2d §§ 144:21-144:70 (2002 revision) Chapter 144. Infants § 144:21 Notice—Disaffirmance of contract—Return of consideration tendered § 144:144:22 Notice—Disaffirmation of contract—Provision—Justification for nonreturn of consideration § 144:23 Notice—Disaffirmation of promissory note § 144:27 Notice of ratification of contract made during minority § 144:30 Ratification of contract—Debt contracted during minority § 144:32 Ratification—Land sales contract · 14 Am. Jur. Pleading and Practice Forms §§ 143-181 (2004). § 63. Complaint, petition, or declaration—of infant suing by guardian ad litem—Rescission of contract for purchase of non-necessaries—Return of consideration” § 73. Answer—Defense—Ratification of contract by infant § 74. Answer—Defense—Infant’s lack of capacity to contract § 80. Reply —Allegation—Goods furnished infant were necessaries
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CHECKLISTS: |
· 9B Am. Jur. Legal Forms 2d §§ 144:21-144:70 (2002 revision) Chapter 144. Infants § 144:26 Form drafting guide—Checklist—Matters to be considered in drafting ratification of minor’s agreement
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ENCYCLOPEDIAS: |
· 42 Am. Jur. 2d Infants (2000). § 45. Contracts and conveyances, in general · 43 C.J.S. Infants (2004). § 209. Capacity to contract and validity of contracts, Generally § 210. Reason for, and purpose of , infant doctrine § 211. Power of legislature § 212. Contracts as voidable, not void § 213. Contracts beneficial to or prejudicial to infant § 224. Avoidance or disaffirmance, Generally · John D. Hodson, Annotation, Infant’s Liability for Medical, Dental, or Hospital Services, 53 ALR4th 1249 (1987). · J.A. Bryant, Jr., Annotation, Automobile or Motorcycle As Necessary For Infant, 56 ALR3d 1335 (1974). · Wade R. Habeeb, Annotation, Liability of Surety on Infant’s Contract or Obligation, Where Contract Is Disaffirmed By Infant, 44 ALR3d 1417 (1972). · Michael Lepp, Annotation, Infant’s Liability for Services of an Employment Agency, 41 ALR3d 1075 (1972). · A. D. Kaufman, Annotation, Infant’s Misrepresentation as to His Age as Estopping Him From Disaffirming His Voidable Transaction, 29 ALR3d 1270 (1970). · Annotation, Infant’s Liability for Services Rendered by Attorney at Law Under Contract With Him, 13 ALR3d 1251 (1967).
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TEXTS & TREATISE:
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· 1 Donald T. Kramer, Legal Rights of Children (2d rev. ed., 1994-1995). Chapter 10. Children and the law of contracts § 10:1. The right of children to make contracts and disaffirm them § 10:2. Exceptions to disaffirmation rule: Contracts for necessaries § 10:3. —What are necessaries § 10:4. —Statutory changes § 10:5. Consequences of a disaffirmation § 10:6. Misrepresentation of age § 10:7. Contracts made by parents/guardians · 5 Samuel Williston, A Treatise on the Law of Contracts (4th ed. 1993). Chapter 9. Capacity of parties—Infants § 9:1. Parties of limited capacity to contract—Introduction § 9:2. Early law concerning validity of infants’ contract § 9:3. The age of majority § 9:4. Emancipation of infant § 9:5. Infant’s contracts are generally voidable, not void § 9:6. Transactions which cannot be avoided by infant § 9:7. —Special rules governing infants’ contract of partnership § 9:8. —Statutory changes in common law liability of infants § 9:9. The meaning of voidable § 9:10. Power of avoidance is personal § 9:11. Effect of subsequent good faith purchaser on infant’s disaffirmation right § 9:12. What constitute disaffirmation § 9:13. When power of avoidance may be exercised § 9:14. The availability of partial disaffirmation § 9:15. Other consequence of disaffirmation § 9:16. Restoration of consideration § 9:17. Ratification § 9:18. Liabilities for necessaries § 9:19. What are and are not necessaries § 9:20. —Money advanced for purchase of necessaries § 9:21. —Where necessaries are already available to minor § 9:22. False representation of age; Estoppel § 9:23: —Other false representations § 9:24. Infant’s ability to bind parent § 9:25. Action by and against infants · Michael J. Dale et al., Representing the Child Client(2007). Chapter 3. The legal status of minors § 3.03. Minor’s right to contract: Capacity to promise [1]—Generally [a]—Binding contracts [b]—Voidable contracts · John D. Calamari & Joseph M. Perillo, The Law of Contracts (5th ed., 2003). Chapter 8. Capacity of minors § 8.2. Introduction § 8.3. Transactions that the infant cannot avoid § 8.4. Avoidance and ratification § 8.5. Effect upon ratification of ignorance of law or fact § 8.6. Obligations of restitution upon disaffirmation § 8.7. Torts connected with contracts § 8.8. Liability of an infant for necessaries
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LAW REVIEWS: |
· Paul S. Lazorick, Obligations for Family Debts, 44 Conn. Bar J. 236, 242 (1970).
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COMPILER: |
Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Department, Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343‑6560. EMAIL
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SCOPE: |
Bibliographic resources relating to the rights of minors to consent to confidential medical treatment including abortions.
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STATUTES: |
Conn. Gen. Stat. (2007) · § 1-1d. Age of Majority, defined. · § 17a-1, Definitions. “As used in sections 17a-1 to 17a-26, inclusive, 17a-28 to 17a-49, inclusive, 17a-127 and 46b-120,…” · § 17a-4a. Children’s Behavioral Health Advisory Committee. Membership. · § 17a-6. Powers and duties of commissioner (Dept. of Children & Families) “(e) Insure that all children under the commissioner’s supervision have … adequate medical, dental, psychiatric, psychological,… services.” · § 17a-81. Parental consent necessary for treatment. Exceptions. (Dept. of Children & Families, Commitment of Mentally Ill Children) · § 17a-101f. Exam by physician - diagnostic tests and procedures to detect child abuse. · § 17a-688(d). “If the person seeking treatment or rehabilitation for alcohol dependence or drug dependence is a minor, the fact that the minor sought such treatment or rehabilitation or that the minor is receiving such treatment or rehabilitation, shall not be reported or disclosed to the parents or legal guardian of the minor without the minor’s consent. The minor may give legal consent to receipt of such treatment and rehabilitation. A minor shall be personally liable for all costs and expenses for alcohol and drug dependency treatment afforded to the minor at the minor’s request under section 17a-682.” · § 19a-14c. Provision of outpatient mental health treatment to minors without parental consent. · § 19a-216. Examination and treatment of minor for venereal disease. Confidentiality. Liability for costs. · § 19a-285. Consent by minor to medical, dental or hospital services for child. · § 19a-285a. Donation of blood by minors. · § 19a-582. Informed consent for testing. Exceptions (HIV testing) (a) “… The consent of a parent or guardian shall not be a prerequisite to testing of a minor.” · § 19a-592 Testing and treatment of minor for HIV or AIDS. Confidentiality. Liability for costs. · § 19a-601 Information and counseling for minors required. Medical emergency exception. · § 45a-604(5) ‘Guardianship’ means guardianship of the person of a minor, and includes: (A) the obligation of care and control; (B) the authority to make major decisions affecting the minor’s education and welfare, including, but not limited to, consent determinations regarding marriage, enlistment in the armed forces and major medical, psychiatric or surgical treatment;…” · § 45a-606. Father and mother joint guardians. · § 46b-150. Emancipated Minor - at least 16 years old.
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REGULATIONS: |
Conn. Agencies Regs. (1987) Public Health Code §19-13-D3(d)(8) “...except in emergency situations, the responsible physician shall obtain proper informed consent as a prerequisite to any procedure or treatment for which it is appropriate.”
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LEGISLATIVE: |
· John Kasprak, Medical Treatment for Minors, Office of Legislative Research Report No. 95-R-0617 (March 22, 1995). · John Kasprak, Refusal of Medical Treatment on Religious Grounds, Connecticut General Assembly, Office of Legislative Research Report No. 99-R-0180 (February 3, 1999).
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CASES:
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· H.L. v. Matheson, 450 U.S. 398, 67 L.Ed. 2d 388, 101 S.Ct. 1164 (1981). “The question presented in this case is whether a state statute which requires a physician to ‘notify, if possible,’ the parents of a dependent, unmarried minor girl prior to performing an abortion on the girl violates federal constitutional guarantees” (1166). · Hodgson v. Minnesota, 497 U.S. 417, 110 S. Ct. 2926, 111 L.Ed. 2d 344 (1990). The Supreme Court “held that requirement that both parents be notified of minor’s abortion decision did not reasonably further any legislative state interest and was unconstitutional. The court further held … that provision of statute which requires two parent notification unless pregnant minor obtains judicial bypass was constitutional.” · Ruby v. Massey , 452 F.Supp. 361 (D. Conn. 1978) Can parents give consent to sterilization of retarded/handicapped children in lieu of childrens’ consent?
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FORMS: |
· 13C Am. Jur. Legal Forms 2d Parent and Child (2002) Chapter 191. Parent and child § 191:29. Medical and dental treatment § 191:30. Consent of parent—Medical treatment for minor § 191:31. Consent of parent—Surgery for minor § 191:32. Consent of parent—Medical treatment for emancipated minor—With disclaimer of liability for expenses
§ 191:37. Consent of minor living separate and apart from parents or legal guardian—For hospital and medical care § 191:42. Consent of emancipated minor—Diagnosis and treatment of venereal disease § 191:45. Consent by unmarried pregnant minor—For hospital, medical and surgical care · 15 Am. Jur. Legal Forms 2d Physicians and Surgeons (2000) § 202:99 Statement of need for therapeutic abortion – American Medical Association form (2000). |
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KEY #: |
· Parent & Child 2(1) · Physician & Surgeons 15(15)
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ENCYCLOPEDIAS: |
· 59 Am. Jur. 2d Parent and Child (2002). § 71. Medical and dental care · William H. Danne, Annotation, Validity, Construction, and Application of statutes Requiring Parental Notification of or consent to Minor’s Abortion, 77 ALR5th 1 (2000). · Lisa K. Gregory, Annotation, Propriety of Surgically Invading Incompetent or Minor for Benefit of Third Party, 4 ALR5th 1000 (1992). · Danny R. Veilleux, Annotation, Medical Practitioner’s Liability for Treatment Given Child Without Parent’s Consent, 67 ALR4th 511 (1989). · John D. Hodson, Annotation, Infant’s Liability for Medical, Dental or Hospital Services, 53 ALR4th 1249 (1987). · Angela R. Holder, Circumstances Warranting Court-Ordered Medical Treatment of Minors, 24 Am. Jur. POF 2d 169 (1980).
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TEXTS & TREATISE:
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· Fay A. Rozovsky, Consent to Medical Treatment: A Practical Guide (2d ed., 1990) Chapter 5. Minors A. Traditional view of minors’ consent to treatment § 5.0. Introduction § 5.1. Minors’ incapacity to consent § 5.2. Modification of the common law § 5.2.1. Emergency treatment § 5.2.2. Mature minors § 5.2.3. Emancipated minors B. Legislative standards for minors’ consent § 5.3. General statutory laws C. Minors and reproductive matters § 5.4. Sexually transmitted diseases § 5.5. Minors and contraceptives § 5.6. Minors and abortion D. Drug and alcohol abuse treatment for minors § 5.7. Statutory requirements E. Mentally ill and retarded minors § 5.8. Authorization for treatment § 5.9. Sterilization of mentally incompetent minors F. Immunization and screening of children § 5.10. Immunization § 5.11. Screening of children G. Treatment of minors in crisis situations § 5.12. Emergency treatment § 5.13. Child abuse § 5.14. Delinquent and deprived children H. Drug and medical care in schools § 5.15. Legislation authorizing treatment I. Refusal of consent to treatment § 5.16. Parental refusal § 5.17. Refusal of care for terminally ill children · Michael J. Dale et al., Representing the Child Client (2007) Chapter 3. The legal status of minors § 3.02[2][c]. Medical care · Paul R. Kfoury, Children Before the Court: Reflections on Legal Issues Affecting Minors (2d ed., 1991). [Available at Norwich Law Library] Chapter 8. Medical treatment of children —The federal government and the “Baby Doe” cases —Discriminatory failure to feed and care for handicapped infants in this facility is prohibited by federal law —Parents’ refusal to consent vs. authority of a minor child or guardian to choose treatment —Religious beliefs as affecting medical treatment —The emancipated child —Conclusion · 1 Donald T. Kramer, Legal Rights of Children (rev. 2d ed., 1994) Chapter 14. Adolescents and their legal rights § 14:13. Consent to medical treatment for minors—The common law rule § 14:14. —Legislative modification § 14:15. —Payment for medical services for minors § 14:16. Minor’s right to consent to abortion without parental consent § 14:17. Minors right to obtain contraceptives § 14:18. —Admission of minors to state mental hospitals § 14:19. Other constitutional rights
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LAW REVIEWS: |
· Joseph P. Wood, Informed Consent to the Medical Treatment of Minors: Law and Practice, 10 Health Matrix 141 (Sum. 2000). · Christine M. Hanisco, Informed Consent: Does the First Amendment Protect a Patient’s Right to Choose Alternative Treatment?, 16 N.Y. L. Sch. J. Hum. Rts. 933 (2000). · Shoshanna Ehrlich, Journey Through the Courts: Minors, Abortion and the Quest for Reproductive Fairness, 10 Yale J. L. & Feminism 1 (1998). · Catherine Grevers Schmidt, Where Privacy Fails: Equal Protection and the Abortion Rights of Minors, 68 N.Y.U. L. Rev. 597 (1993). · Janine P. Felsman, Eliminating Parental Consent And Notification For Adolescent HIV testing: A Legitimate Statutory Response to the AIDS Epidemic, 5 Journal of Law and Policy 339 (1996). · Note, The Minor’s Right to Abortion and the Requirement of Parental Consent, 60 Va. L. Rev. 305 (1974).
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COMPILER: |
Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Department, Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343‑6560. EMAIL
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SCOPE: |
Bibliographic resources relating to the rights of minors in the workplace.
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STATUTES: |
Conn. Gen. Stat. (2007) · § 10-193. Certificate of age for minors in certain occupations. · § 10-194. Penalty “Any person ... who employs any minor under the age of eighteen at any occupation described in subsection (a) of section 10-193 without having obtained a certificate as provided therein shall be fined not more than one hundred dollars.” · § 10-197. Penalty for employment of child under fourteen. · § 31-12. Hours of labor of minor ... in manufacturing or mechanical establishments. · § 31-13. Hours of labor of minor ... in mercantile establishments. · § 31-14. Night work of minors regulated. · § 31-15. Penalties for violating the provisions of §§31-12 to 31-14. · § 31-16. Night work in messenger service. · § 31-18. Hours of labor of minors ... in certain other establishments. · § 31-23. Employment of minors prohibited in certain occupations. Exceptions. · § 31-24. Hazardous employment of children forbidden. Penalty. · § 31-25. Operation of elevators by minors. United States Code (2007) · 29 U.S.C. § 203(l). “Oppressive child labor” defined · 29 U.S.C. § 212. Child labor provisions · 41 U.S.C. § 35. Contracts for materials, etc., exceeding $10,000; representations and stipulations (c). “That no male person under sixteen years of age and no female person under eighteen years of age and no convict labor will be employed by the contractor in the manufacture or production or furnishing of any of the materials, supplies, articles, or equipment included in such contract, except that this section, or any other law or Executive order containing similar prohibitions against purchase of goods by the Federal Government, shall not apply to convict labor which satisfies the conditions of section 1761 (c) of title 18 . . . .”
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REGULATIONS: |
· Conn. Agencies Regs. (3-99). Title 31. Department of Labor § 31-23-1. Employment of minors Includes a list of jobs declared hazardous by the Connecticut State Department of Labor · 29 CFR. Part 570 (Rev. 7-1-07) Child labor regulations, orders and statements of interpretation Subpart A—General Subpart B—Certificates of age Subpart C—Employment of minors between 14 and 16 years of age (Child Labor Reg. 3) Subpart E—Occupations particularly hazardous for the employment of minors between 16 and 18 years of age or detrimental to their health or well-being Subpart E-1—Occupations in agriculture particularly hazardous for the employment of children below the age of 16.
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LEGISLATIVE: |
· Lynn Marx, Employing Foreign Minors, Connecticut General Assembly, Office of Legislative Research, Report No. 2001-R-0271 (Mar. 15, 2001). “You asked whether 16 and 17 year old high school students from France could work in the United States for 4 to 8 weeks during the summer. The French students would be coming to the United States as part of an exchange program.”
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CASES:
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· Blancato v. Feldspar Corporation, 203 Conn. 34, 522 A.2d 1235 (1987). Estate of a minor who was illegally employed may bring a suit for wrongful death despite the exclusive remedy provision of the Workers’ Compensation Act. “...we limit this power of election with respect to employment contracts to minors who had been illegally employed.” (p. 41-42) · Grant v. Bassman, 221 Conn. 465, 604 A.2d 814 (1992). · Goodrow v. Bates, Superior Court, judicial district of Danbury, Docket No. 295634 (May 8, 1992). “The clear impact of Blancato is that the plaintiff has an election of remedies, either to affirm the illegal employment contract and accept workers’ compensation benefits, or to reject it and bring a common law tort action... This is a clear situation of election of remedies and ratification of the illegal employment contract.”
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FORMS: |
· 9A Am. Jur. Legal Forms 2d (2002 rev.) § 132.25. Guaranty by parents—Performance of minor’s obligations under employment contract—Letter form
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ENCYCLOPEDIAS: |
· 30 C.J.S. Employers’ Liability (1992) § 33. As to inexperienced or minor employees § 44. Minors employed in violation of statutory prohibition or regulation § 45. —Cause of action § 46. —Defenses · Allan L. Schwartz, Annotation, Validity, Construction, Application, and Effect of Child Labor Provisions of Fair Labor Standards Act (29 U.S.C.S. §212 and Related Sections), 21 ALR Fed. 391 (1974). · Annotation, Workers’ Compensation Statute as Barring Illegally Employed Minor’s Tort Action, 77 ALR4th 844 (1990). · Frank D. Wagner, Annotation, Lawn Mowing by Minors as Violation of Child Labor Statutes, 56 ALR3d 1166 (1974).
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BROCHURES & POSTERS |
· Employment Services For Youth Brochure · Employment Of Minors In Restaurants/Food Service (Poster) · Employment Of Minors In The Mercantile/Retail Trades (Poster)
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TEXTS & TREATISE:
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· Jeffrey L. Hirsch, Labor and Employment in Connecticut: A Guide to Employment Laws, Regulations and Practices (2007) Chapter 1. Hiring § 1-8. Hiring of minors—Child labor Coverage Permissible employment Hours Employment forms Penalities · SIEGEL, O’CONNOR, ZANGARI, O’DONNELL & BECK P.C., CONNECTICUT LABOR & EMPLOYMENT LAW (3rd ed., 2004) Chapter 2. Wage and hour provisions V. Child labor Laws A. Introduction B. Prohibited occupations C. Prohibited activities D. Restrictions on hours of work E. Exemption from child labor laws F. Proof of age G. Violations · 1 Personnell Management Services, What to do About Personnel Problems in Connecticut C-5 (2000). · 2 Donald T. Kramer, Legal Rights of Children (rev. 2d ed.) Chapter 19. Child labor laws § 19:1. Origins of child labor laws § 19:2. Federal child labor laws—Historical perspective and purpose § 19:3. Ages of employment under federal child labor laws—Generally § 19:4. —Certificates of age § 19:5. —Federal exemptions to age limits § 19:6. —Federal age limits relating to hazardous employment § 19:7. Federal laws—Employment of children under special certificates in jobs paying less than the minimum wage § 19:8. —Hours of employment § 19:9. —Penalties and remedies § 19.10. State child labor laws—Historical perspective § 19.11. State laws—Minimum age provisions 19:12. —Maximum hours provisions § 19:13. —Hazardous employment restrictions § 19:14. Defenses and arguments made by violators § 19:15. Child labor law reforms and job opportunities · 1 Michael J. Dale et al., Representing the Child Client (2007) Chapter 3. The legal status of minors § 3.03. Minor’s right to contract: Capacity to promise [2]—Employment [a] Child labor laws [b] —Minimum wage [c]—Prohibition on race and sex discrimination [d]—Parents’ rioght to child’s wage [e]—Taxes due · Mark A. Rothstein et al., Employment Law (3rd ed. Practioner Treatise Series, 2004). Chapter 4. Wage, hours, and benefits § 4.7. Fair Labor Standards Act—Child labor
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LAW REVIEWS: |
· Jeremy S. Sosin, The Price of Killing a Child: Is the Fair Labor Standards Act Strong Enough to Protect Children in Todays Workplace? 31 Val. U. L. Rev. 1181 (1997).
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COMPILER: |
Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Department, Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343‑6560. EMAIL
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Table 3 New definitions on or after October 1, 2007
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New Definitions Effective on or after October 1, 2007
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Child |
“. . . means any person (A) under sixteen years of age, or (B) sixteen years of age or older who, prior to attaining sixteen years of age, has violated any federal or state law or municipal or local ordinance, other than an ordinance regulating behavior of a child in a family with service needs, and, subsequent to attaining sixteen years of age, violates any order of the Superior Court or any condition of probation ordered by the Superior Court with respect to such delinquency proceeding” CONN. GEN. STATS. § 46b-120(1) (2007).
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Youth |
“. . .means any person sixteen or seventeen years of age;” CONN. GEN. STATS. § 46b-120(2)
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Youth in crisis |
“. . . means any youth who, within the last two years, (A) has without just cause run away from the parental home or other properly authorized and lawful place of abode, (B) is beyond the control of parents, guardian or other custodian, or (C) has four unexcused absences from school in any one month or ten unexcused absences in any school year;” CONN. GEN. STAT. § 46B-120(3) (2007)
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Family with service needs |
“. . . means a family that includes a child who (A) has without just cause run away from the parental home or other properly authorized and lawful place of abode, (B) is beyond the control of parent, parents, guardian or other custodian, (C) has engaged in indecent or immoral conduct, (D) is a truant or habitual truant or who, while in school, has been continuously and overtly defiant of school rules and regulations, or (E) is thirteen years of age or older and has engaged in sexual intercourse with another person and such other person is thirteen years of age or older and not more than two years older or younger than such child;” CONN. GEN. STATS. § 46b-120(8) (2007)”
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Delinquent act |
“the violation of any federal or state law or municipal or local ordinance, other than an ordinance regulating the behavior of a child in a family with service needs, or the violation of any order of the Superior Court;” Conn. Gen. Stats. § 46b-120(11) (2007)
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