195 Conn.App. 582
Conn. App. Ct.2020Background
- Brian P. (born Feb. 2016) tested positive for opiates at birth; parents had histories of opiate addiction and the Department of Children and Families (department) became involved.
- The child was placed in the paternal grandmother Susan P.’s home under a voluntary agreement; mother restricted from unsupervised contact.
- Commissioner filed a neglect petition Jan. 18, 2017; child was committed to commissioner custody on June 9, 2017.
- Commissioner filed a termination of parental rights petition May 22, 2018; the trial court terminated parents’ rights May 3, 2019 and appointed the commissioner statutory parent to secure adoption.
- Susan P. filed a motion to reopen/join and seek permanent guardianship on May 31, 2019 (amended June 3, 2019), after the termination judgment; the trial court denied the motion as untimely.
- On appeal the Appellate Court dismissed Susan P.’s appeal for lack of subject matter jurisdiction because she was not a party and had no colorable right to intervene.
Issues
| Issue | Plaintiff's Argument (Susan P.) | Defendant's Argument (Commissioner) | Held |
|---|---|---|---|
| Whether appellant has party status to appeal under Conn. Gen. Stat. § 52-263 | Susan P. contends she may appeal the denial of her motion to intervene | Commissioner argues she never became a party and so lacks standing to appeal | Appeal dismissed for lack of subject matter jurisdiction: she was not a party and lacked standing |
| Whether Susan P. had a colorable claim to intervene as of right | She argued she sought to protect her existing parent‑like relationship and obtain permanent guardianship | Commissioner argued her motion was untimely and she had no colorable intervention claim | No colorable claim: intervention untimely (filed after final judgment) |
| Whether timeliness exception (Conn. Gen. Stat. § 46b-129(d)(4)) or other circumstances made intervention proper after termination | Susan P. argued she could not prevail on guardianship claims until a statutory ground for termination was found | Commissioner pointed to statutory framework, lack of placement disruption, and the court’s appointment of commissioner for adoption | §46b-129(d)(4) did not give a right to intervene here; no disruption alleged and final judgment made intervention untimely |
| Whether §46b-129(j)(6) requires termination of parental rights before a court can grant permanent guardianship | Susan P. contended she could not pursue guardianship until court found a statutory ground for termination | Commissioner and court said §46b-129(j)(6) lists findings required for guardianship but does not mandate termination first; guardianship can be an alternative to termination | Court held Susan P.’s statutory interpretation was incorrect and that the statutory scheme contemplates guardianship as an alternative; but timing still fatal to her claim |
Key Cases Cited
- In re Joshua S., 127 Conn. App. 723 (Conn. App. 2011) (discussing appellate jurisdiction and party status for would‑be intervenors)
- King v. Sultar, 253 Conn. 429 (Conn. 2000) (colorable claim to intervene as matter of right satisfies party‑status requirement)
- BNY Western Trust v. Roman, 295 Conn. 194 (Conn. 2010) (timeliness scrutiny intensifies as case approaches final judgment)
- In re Santiago G., 325 Conn. 221 (Conn. 2017) (standard for evaluating colorable claim to intervene)
- State v. Salmon, 250 Conn. 147 (Conn. 1999) (defining party status and appellate jurisdiction under § 52-263)
- In re Juvenile Appeal, 187 Conn. 431 (Conn. 1982) (public policy: time is of the essence in child protection proceedings)
- Horton v. Meskill, 187 Conn. 187 (Conn. 1982) (right to intervene is lost if not exercised timely)
- In re Brayden E.-H., 309 Conn. 642 (Conn. 2013) (transfer of guardianship may occur with termination in rare cases)
- In re Anthony A., 112 Conn. App. 643 (Conn. App. 2009) (seeking guardianship during dispositional phase of neglect proceedings)
- In re Shyliesh H., 56 Conn. App. 167 (Conn. App. 1999) (grandmother’s request for transfer of guardianship considered in context of neglect/termination proceedings)