CT · rules
Conn. Practice Book § 35a-20A
Motions for Reinstatement of Former Legal Guardian as Guardian or Modification of Guardianship Postdisposition
(a) Whenever a former legal guardian 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 former legal guardian may file a
motion for reinstatement of guardianship with the
court that ordered the transfer of guardianship. In
other postdispositional cases concerning a child
or youth whose legal guardianship was transferred to a person other than a parent or former
legal guardian, or to an agency other than the
Department of Children and Families, any person
permitted to intervene may move the court to modify the award of guardianship.
(b) The clerk shall assign such motion a hearing
date and issue a summons to the current guardian
and the 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 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. The former
legal guardian seeking reinstatement of guard -
ianship has the burden of proof to establish that
cause for transfer of guardianship to another person or agency no longer exists. The judicial
authority shall then determine if reinstatement of
guardianship is in the child’s or youth’s best
interest.
(e) The hearing on a motion for postdispositional modification of a guardianship order is dispositional in nature. The party seeking to modify
the existing guardianship order has the burden
of proof to establish that the movant’s proposed
guardian is suitable and worthy. The judicial
authority shall then determine if transfer of guardianship to that proposed guardian is in the child’s
or youth’s best interest.
History
(Adopted June 11, 2021, to take effect Jan. 1, 2022.)
Provenance
- Source
- jud.ct.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
53e427e8cb41fbac3c948cc6ea2ddefe20aee0d80af4264cbf4037600d32707f
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