AC45864
- In re Christina C. (“The petitioner, the Commissioner of Children and
Families, appeals from the judgment of the trial court (1) granting the motion
of the respondent father, Christopher C., to transfer legal guardianship of his
biological daughter, C, from the petitioner to his mother, D, and (2) denying
the petition to terminate the parental rights of the respondent with respect to
C. The petitioner claims that, in granting the motion to transfer guardianship,
the court erred as a matter of law by assuming that transferring guardianship
was in C’s best interests, thereby shifting the burden of proof to the
petitioner to demonstrate that granting the motion would be detrimental to C.
The petitioner also claims that, having found that multiple grounds existed for
terminating the respondent’s parental rights with respect to C, the court
thereafter erred in denying the petition to terminate his parental rights
without considering whether that ruling was in C’s best interests. We agree with
both of the petitioner’s claims and therefore reverse in part the judgment of
the trial court.”)