juvenile felonius sexual assault-

my 12 yr old nephew has been charged with felonius sexual assault on a 6 yr old girl. he has a hearing coming up. his paper work with immigration is not final. he has a permission to work and a social security number. his mother is a legal resident. how is this going to fall with immigration? will,. can he be deported and what happens with his mother if anything, since she is responsible for him., is there anything immigration can would do to her for his actions if he is found guilty what should we expect as a result?

my 12 yr old nephew has been charged with felonius sexual assault on a 6 yr old girl. he has a hearing coming up. his paper work with immigration is not final. he has a permission to work and a social security number. his mother is a legal resident. how is this going to fall with immigration? will,. can he be deported and what happens with his mother if anything, since she is responsible for him., is there anything immigration can would do to her for his actions if he is found guilty what should we expect as a result?

The best thin you can do is get a lawyer is this is a serious offence. The facts are reason for deportation but there is also a Waiver for special Immigrant Juvenile which he may apply for.

Get a lawyer ASAP, don't waste any time and good luck.

12-year old is a child, how can he be allowed to work? Even if he's convicted it'd be a juvenile thing I guess.

The mother of this child does not have repercussions from the eventual son's conviction.

Neither will have her son.

You wanted to know what state laws apply to juvenile sex offenders and whether any laws protect other children from such offenders.

SUMMARY

The penal code delineates 18 different crimes as offenses against a minor. If an adult is convicted of any of these or pleads not guilty by reason of mental disease or defect, he must, when released into the community, register as a sex offender with the Department of Public Safety. A child under age 14 who is convicted of any of these crimes is considered a delinquent and subject to court supervision or commitment to the Department of Children and Families (DCF), but he does not have to register. Fourteen of those crimes are termed "serious juvenile offenses," which subject the delinquent to lengthier supervision and, potentially, placement in a secure facility. Depending on the crime's classification (e.g., class A or B felony), an accused 14- or 15-year old may be tried as an adult and, if convicted, placed under Department of Correction jurisdiction.

All court records in delinquency cases and DCF records are confidential and can be disclosed to third parties only in limited situations. A party receiving court records disclosed in those limited situations may not further disclose them.

A new law requiring DCF to notify school superintendents when it returns serious juvenile offenders who may be dangerous to others to the community potentially protects children from juvenile sex offenders. And new DCF regulations require it and any private residential facility treating juvenile delinquents or serious juvenile offenders to notify, in confidence, the local police before it grants leave to or releases a resident. DCF treats most adjudicated sex offenders at Cliff House in Meriden, which has capacity for 15 people. Some sex offenders are sent to out-of-state facilities in Massachusetts, Rhode Island, and South Carolina, and some with dual diagnoses may be placed in other in-state residential facilities.

SEX CRIMES

Table 1 lists the crimes triggering sex offender registration, their classification (e.g., class A felony), and shows which are serious juvenile offenses (SJO).

Table 1: Sex Crimes Against Minors


Statute
Crime
Classification
SJO

53-21(2)
Risk of injury to a minor involving contact with intimate parts of someone under age 16
C felony
Yes

53a-70
1st degree sexual assault involving sexual intercourse with someone under age 13
B felony
Yes

53a-70a
1st degree aggravated sexual assault
B felony
Yes

53a-71
2nd degree sexual assault involving sexual intercourse with someone age 13 to 15
C felony
Yes

53a-72a
3rd degree sexual assault involving sexual intercourse with a relative
D felony
No

53a-72b
3rd degree sexual assault w/firearm
D felony
Yes

53a-73a
4th degree sexual assault involving sexual contact with someone under age 15
A misdemeanor
No

53a-86
1st degree promoting prostitution with someone under age 16
B felony
Yes

53a-87
2nd degree promoting prostitution with someone age 16 or 17
C felony
No


53a-92
1st degree kidnapping when the victim is under age 18
A felony
Yes

53a-92a
1st degree kidnapping w/firearm when the victim is under age 18
A felony
Yes

53a-94
2nd degree kidnapping when the victim is under age 18
B felony
Yes

53a-94a
2nd degree kidnapping w/firearm when the victim is under age 18
B felony
Yes

53a-95
1st degree unlawful restraint when the victim is under age 18
D felony
Yes

53a-96
2nd degree unlawful restraint when the victim is under age 18
A misdemeanor
No

53a-186
Public indecency when the victim is under age 18
B misdemeanor
No

53a-196a
Employing minor in an obscene performance
A felony
Yes

53a-196b
Promoting minor in an obscene performance
B felony
No


CONSEQUENCES OF SERIOUS JUVENILE OFFENSE (SJO)

A child arrested for an SJO must be held in detention until a dispositional hearing is held. If the arrest is for 1st degree kidnapping, 1st degree kidnapping with a firearm, or employing a minor in an obscene performance (or any other class A felony), his name, photograph, and custody status can be made public (CGS §§ 46b-133(a) and (d)). Conviction for an SJO means that he can be committed to DCF for up to four years (18 months is the maximum commitment for children convicted of other delinquent acts) and makes him eligible for placement in a DCF secure facility such as Long Lane School (CGS §§ 46b-141(a) and 126). And the child must wait four years after he is discharged from DCF custody or court supervision before he can petition to have his police and court records erased (CGS § 46b-146).

TRANSFER TO ADULT COURT

The juvenile court must transfer to the Superior Court's adult docket the case of any child who is arrested for a class A or B felony (see chart, above) he allegedly committed after he turned age 14. If the charge is a class A felony, the child is tried as an adult; if the charge is a Class B felony he is tried as an adult unless, within 10 business days after the arraignment, a state's attorney files a motion to transfer the case back to juvenile court.

If the child is charged with a class C or D felony, the juvenile prosecutor can make a motion to transfer the case to the adult docket, and the court can do so if it finds probable cause to believe the child committed the crime. If it chooses, the adult court can return the case to juvenile court.

Detention for any child whose case is transferred to adult court is likewise transferred from the Judicial Department to the Department of Correction (CGS § 46b-127).

CONFIDENTIALITY

Juvenile Court Records

All court records of delinquency proceedings are confidential. These include medical, psychiatric, and social welfare studies and reports by probation officers, service agencies, and clinics. They may be made available to, among others:

1. court employees performing their duties;

2. state agency personnel and their agents involved in the delinquency proceeding or in providing treatment programs to the child (e.g., DCF employees, public defenders, agencies under contract with the Office of Alternative Sanctions);

3. the chid's parents and attorney;

4. law enforcement authorities investigating the case;

5. a person identified as having a legitimate interest in the information in a court order permitting disclosure; and

6. the victim of the crime.

In all of these cases the person receiving the information may not disclose it further (CGS § 46b-124).

DCF Records

Records DCF creates in the course of investigating child abuse or while caring for a child committed to its custody (e.g., a child adjudicated for a sex offense) cannot be disclosed without the person's consent except in limited situations. Among other situations, the DCF commissioner

1. must provide records without the person's consent to a law enforcement agency or a state's attorney investigating a child abuse case and

2. may provide records to another state agency investigating a child abuse case and to an individual or agency providing medical or psychological diagnosis or treatment to a child abuser (CGS § 17a-28).

COMMUNITY NOTICE

PA 99-247 requires DCF to notify a school superintendent before it returns a student who (1) is in the department's custody, (2) has been adjudicated an SJO, and (3) the department in good faith believes poses a threat of imminent personal injury to others. The superintendent must notify the principal of the school the child will attend that the child is potentially dangerous. The principal can tell school psychologists, social workers, and disciplinary consultants about the child's presence so they may assess the risk he poses and develop an appropriate educational plan or placement.

CGS § 17a-7a requires DCF to develop regulations governing home leave and release of children in its facilities and in private residential placements. These regulations (adopted in August 1999) require DCF and these facilities to give local police at least 24 hours' written, confidential notice before they release a juvenile delinquent or SJO. They also allow DCF and the facility to unilaterally and immediately revoke a scheduled leave or release if they believe the child is unsuitable (Conn. Agency Regs. 17a-7a-5 to -8).

Hmmm...