In Re Joshua S.
14 A.3d 1076
Conn. App. Ct.2011Background
- Joshua S. was neglected after a positive drug test at birth and placed with foster parents pending guardianship decisions.
- Petitioner sought to transfer guardianship to Joshua's maternal great aunt in Florida; foster parents sought to intervene.
- May 3, 2010: trial court denied foster parents' intervention and granted guardianship transfer to the great aunt with protective supervision.
- July 29 and August 3, 2010: foster parents renewed motions to intervene and to open the May 3, 2010 judgment, which were denied.
- This appeal asserts lack of appellate jurisdiction due to lack of party status and argues error in denying intervention and failure to conduct an exceptional-circumstances hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the foster parents have appellate jurisdiction to challenge the denial of intervention. | Hunte/Sultar colorable intervention claim gives party status. | Foster parents lack party status; not aggrieved by final judgment. | Appeal dismissed for lack of appellate jurisdiction. |
| Whether the court abused its discretion by denying intervention as a matter of right. | Foster parents have direct, substantial interest in Joshua's guardianship. | Foster parents lack direct, personal rights; no right to intervene. | No abuse; four-element test not satisfied. |
| Whether the court should have held a hearing to determine exceptional circumstances for next-friend intervention. | Next friend intervention should be allowed for exceptional circumstances. | Not warranted due to lack of party status and interest. | Hearing not required; intervention not established as of right. |
Key Cases Cited
- King v. Sultar, 253 Conn. 429 (2000) (sets framework for intervention and jurisdiction when colorable claim exists)
- State v. Salmon, 250 Conn. 147 (1999) (three criteria for appellate jurisdiction: party, aggrieved, final judgment)
- Horton v. Meskill, 187 Conn. 187 (1982) (no liberty interest for foster parents to intervene; direct rights not implicated by generic judgment)
- Hunte v. Blumenthal, 238 Conn. 146 (1996) (foster parents do not have same rights as biological/adoptive families; limited statutory rights exist)
- Nye v. Marcus, 198 Conn. 138 (1985) (foster parents lack liberty interest in integrity of family unit; rights defined by statute)