In re Averiella P., 146 Conn. App. 800

Averiella has been in the commissioner's custody since shortly after birth in 2011, placed with the maternal grandparents.
Averiella’s birth parents were adjudicated neglect in 2011; the commissioner was designated statutory guardian.
In 2012 the commissioner moved to modify disposition to transfer guardianship to the grandparents, which the court granted in 2013.
The respondent mother appealed claiming the court used an improper standard—potential risk of harm—as the basis for transfer of guardianship.
The court, applying the dispositional standard and considering best interests, found the transfer to be in Averiella’s best interests and that the grandparents are suitable.
The respondent did not prevail; the appellate court affirmed, noting the presumption under Practice Book § 35a-12A(b) and that the record supported the decision.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court misused the standard in transferring guardianship.	Commissioner argues permissible use of risk factors within best interests.	Bear contends risk of harm was improper or sole basis.	Court held no improper or sole-basis use.
Whether the presumption under § 35a-12A(b) and the best-interest standard support guardianship transfer.	Commissioner invokes presumption in favor of relative guardian when suitable.	Bear argues presumption may be overcome by evidence.	Court upheld transfer; presumption supported by evidence; grandparents suitable.

In re Anthony A., 112 Conn. App. 643 (Conn. App. 2009) (great deference to trial court in best-interest determinations; no abuse of discretion without clear record)
In re Jason R., 306 Conn. 438 (Conn. 2012) (appellate review affirms trial court findings with reliable evidence)