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CT · rules

Conn. Practice Book § 35a-20

Motions for Reinstatement of Parent as Guardian

activein force · 2022-01-01 – presentact-effective-date

(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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