CT · rules
Conn. Practice Book § 35a-20
Motions for Reinstatement of Parent as Guardian
(a) Whenever a parent whose guardianship
rights to a child or youth were removed and transferred to another person or an agency other than
the Department of Children and Families by the
Superior Court for juvenile matters seeks reinstatement as that child’s or youth’s guardian,
the parent may file a motion for reinstatement of
guardianship with the court that ordered the transfer of guardianship.
(b) The clerk shall assign such motion a hearing
date and issue a summons to the current guardian
and the nonmoving parent or parents. The moving
party shall cause a copy of such motion and summons to be served on the child’s or youth’s current
legal guardian(s) and the nonmoving parent or
parents.
(c) Before acting on such motion, the judicial
authority shall determine if the court still has custody jurisdiction and shall request, if necessary,
that the Commissioner of the Department of Children and Families conduct an investigation and
submit a home study that sets forth written findings and recommendations before rendering a
decision.
(d) The hearing on a motion for reinstatement
of guardianship is dispositional in nature. If the
parent seeking reinstatement of guardianship
demonstrates that the factors that resulted in the
parent’s removal as guardian are resolved satisfactorily, the parent is entitled to a presumption
that reinstatement is in the best interest of the
child or youth. The party opposing reinstatement
of guardianship has the burden of proof to rebut
this presumption by clear and convincing
evidence.
History
(Amended June 30, 2008, to take effect Jan. 1, 2009; amended June 20, 2011, to take effect Jan. 1, 2012; amended June 11, 2021, to take effect Jan. 1, 2022.) (Adopted June 24, 2002, to take effect Jan. 1, 2003; amended June 30, 2008, to take effect Jan. 1, 2009; amended June 20, 2011, to take effect Jan. 1, 2012; amended June 11, 2021, to take effect Jan. 1, 2022.)
Provenance
- Source
- jud.ct.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
cd7622b3b2175ed6123acdcb28e6ec10a19af76c942f21be7a23c5cdbda0b001
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