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Conn. Practice Book § 35a-20A

Motions for Reinstatement of Former Legal Guardian as Guardian or Modification of Guardianship Postdisposition

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

(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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