126 Conn. App. 493
Conn. App. Ct.2011Background
- Commissioner of Children and Families filed motion for order of temporary custody on April 29, 2010; petition of neglect had been filed March 17, 2010.
- Ex parte order vested temporary care and custody in Denise R. under § 46b-129(b).
- Contested hearing on May 12, 2010; court found child was not in immediate physical danger and vacated the ex parte order.
- Despite finding no immediate danger, the court designated Denise R. as continuing temporary custodian until an appropriate court determined placement elsewhere.
- Respondent father appealed, challenging the propriety of vesting temporary custody in Denise R. given the lack of imminent danger.
- Appellate Court reversed, holding that without immediate danger a temporary custody transfer to nonparents is improper; remanded for set aside of the order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Denise R. could be named as temporary custodian without immediate danger | Father argues no immediate danger, so order was improper. | State argues temporary custody can continue pending proper placement despite danger finding. | Order improper; reverse and remand to set aside. |
Key Cases Cited
- In re Juvenile Appeal (83-CD), 455 A.2d 1313 (1983) (temporary custody requires imminent danger unless parental custody preserved)
