SC20234 - In re Zakai F. (Whether Parent Who Temporarily Relinquished Custody and Seeks Reinstatement of Guardianship Rights Entitled to Constitutional Presumption that Reinstatement is in Child's Best Interest. "In this certified appeal, we must determine whether there is a constitutional presumption that reinstatement of guardianship rights to a parent under General Statutes § 45a-611 is in the best interests of the child and, if so, whether a heightened standard of proof is required to rebut that presumption. The respondent mother, Kristi F., appeals from the judgment of the Appellate Court, which affirmed the trial court's denial of her motion for reinstatement of guardianship rights with respect to her minor son, Zakai F., on the basis that reinstatement was not in Zakai's best interests. See In re Zakai F., 185 Conn. App. 752, 755, 776–77, 198 A.3d 135 (2018). On appeal, the respondent contends that she is entitled to a presumption that reinstatement is in the best interests of the child and that she is also entitled to a heightened standard of proof.
We conclude that, under § 45a-611, once a parent demonstrates that the factors that resulted in the removal of the parent as guardian have been resolved satisfactorily, the parent is entitled to a presumption that reinstatement of guardianship rights is in the best interests of the child. We also conclude that the party opposing reinstatement must rebut this presumption by clear and convincing evidence. In the present case, because it is unclear whether the trial court applied this presumption, and because it did not determine that the petitioner had rebutted that presumption by clear and convincing evidence, we conclude that the trial court improperly denied the respondent's motion for reinstatement of guardianship. Accordingly, we reverse the judgment of the Appellate Court.")