The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Juvenile Law Appellate Court Slip Opinion

by Carey, Sean

 

SC20745 - In re Paulo T. (“This certified appeal arises from the motion of the petitioner mother, Mae T., to reinstate her guardianship rights with respect to her minor child, Paulo T. In the course of its oral decision granting the motion, the trial court stated that parents are entitled to a presumption that reinstatement of guardianship rights is in the best interests of the child. The respondent father, Horace W., appealed from the judgment of the trial court to the Appellate Court, contending, among other things, that this presumption does not apply in cases between two parents. In re Paulo T., 213 Conn. App. 858, 860, 866, 279 A.3d 766 (2022). The Appellate Court agreed with the respondent but nevertheless affirmed the judgment because, after reviewing the record as a whole, it discerned no indication that the trial court had in fact applied the presumption. See id., 866, 877–78, 892. The respondent filed a petition for certification to appeal from the judgment of the Appellate Court, which we granted, limited to the following questions: (1) ‘‘Did the Appellate Court correctly conclude that the presumption that reinstatement of guardianship is in the best interest of the child does not apply in cases in which both parties are the parents of the minor child?’’ And (2) ‘‘[d]id the Appellate Court correctly conclude that, notwithstanding the trial court’s statement that a presumption applies, the trial court did not apply the presumption but, rather, correctly applied the proper best interest balancing test?’’ In re Paulo T., 344 Conn. 904, 281 A.3d 460 (2022). Under the circumstances in which this case is presented to us, we need not address the first certified question, and we answer the second question in the affirmative. Accordingly, we affirm the judgment of the Appellate Court.”)