In re Haley B.

Connecticut Appellate Court

81 Conn. App. 62 (2004)

January 13, 2004

 

Appeal after remand (see Haley B., 262 Conn. 406 (2003)) where maternal grandmother of a child in Department of Children and Families (“Department”) seeks custody of her grandchild, Haley B.. The grandmother asserted two claims in the appeal – both of which were rebuffed by the Appellate Court.

First, the grandmother claimed that the superior court decision had neither an appropriate basis in fact nor was it based a reasonable interpretation of the evidence presented to the trial court. The appellate court echoed the findings of the trial court in concluding that the grandmother had repeatedly failed to disclose or misrepresented facts to the Department – including failing to seek prior approval of arranging visits between Haley and her mother (despite court ordered limitations). These findings were clearly supported by the record.

Second, though the petitioner had framed, or entitled an erroneous legal argument – the court considered the merits of her claim that the trial court did not act in Haley’s best interests when denying her custody. The court noted that the legal standard for an appellate reversal of such an order mandated a finding that the trial court clearly abused its discretion, and such a finding did not transpire here. The court declined to address the grandmother’s claim of introduction of inadmissible hearsay evidence because issue was inadequately briefed.

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