In re Chronesca D.

Connecticut Appellate Court

February 8, 2011

TEMPORARY CUSTODY/STANDARD

The appellate court reversed the trial court’s judgment vesting temporary custody of the child with a third party where the court explicitly found that the child was not in immediate danger from her surroundings. Although the trial court vacated the ex parte order of temporary custody, it still chose to designate a third party custodian until ”an appropriate court determines that [the child] should be placed safely elsewhere.”

The appellate court, citing In re Juvenile Appeal (83-CD), 189 Conn. 276, 455 A.2d 1313 (1983), held that where there is no ”substantial showing . . . made at the temporary custody hearing that . . . [a child] . . . would be in immediate physical danger if [he or she] were returned to the [respondent’s] home . . . [i]t [is] error for the court to grant . . . temporary custody” in one other than the child’s parents.”

Judgment was reversed.

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