In Re A.R.

Connecticut Appellate Court

August 17, 2010

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.

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