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TRANSFER
OF GUARDIANSHIP/TPR
In this case involving a pending termination
of parental rights petition and a subsequent intervening grandmother's
motion to transfer guardianship, the Appellate Court held that the
trial court erred in dismissing, sua sponte, the intervenor's motion
to transfer guardianship. Specifically, the Appellate Court reversed
the trial court's ruling prohibiting an intervenor from filing a
motion to transfer guardianship by incorrectly construing it as
a motion to revoke commitment. According to C.G.S. § 46b-129(m),
an intervening party is not permitted to file a motion to revoke
commitment. Finding the statutory scheme regarding proceedings following
a neglect adjudication clear and unambiguous, the Appellate Court
interpreted, C.G.S. § 46b-129(j) and P.B. § 35a-20(b) to allow an
intervenor to file a motion to transfer guardianship as an appropriate
way for her to request consideration as a potential guardian for
the children.
-Inez Diaz-Galloza
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