HB 6399 - Children in the Juvenile Justice System

• Prohibits physical restraint of children (shackles, handcuffs, mechanical restraints) during delinquency proceedings prior to adjudication unless judge determines restraints necessary for public safety; transportation restraints remain permitted.

• Extends admissibility protections for children under 16 to criminal prosecutions, requiring parent/guardian presence and warnings about right to counsel, right to remain silent, and that statements may be used as evidence.

• Creates two-tier record erasure system: serious juvenile offenses require four-year waiting period after discharge before records can be erased; other delinquent acts and family service needs cases require two-year waiting period and auto-erase on designated court dates without petition filing.

• Establishes that juvenile court habeas corpus applications challenging legality or conditions of delinquent commitments must be filed in the Superior Court for Juvenile Matters and decided in civil session.

• Adds income and eligibility guidelines from the Public Defender Services Commission as determinative standards for appointed counsel eligibility in juvenile and family relations matters, effective October 1, 2013.