Sec. 45a-719. Reopening judgment terminating parental rights. Best interest of child. Final decree of adoption.
Sec. 45a-719. Reopening judgment terminating parental rights. Best interest
of child. Final decree of adoption. The court may grant a motion to open or set aside
a judgment terminating parental rights pursuant to section 52-212 or 52-212a or pursuant
to common law or may grant a petition for a new trial on the issue of the termination
of parental rights, provided the court shall consider the best interest of the child, except
that no such motion or petition may be granted if a final decree of adoption has been
issued prior to the filing of any such motion or petition. Any person who has legal
custody of the child or who has physical custody of the child pursuant to an agreement,
including an agreement with the Department of Children and Families or a licensed
child-placing agency, may provide evidence to the court concerning the best interest of
the child at any hearing held on the motion to reopen or set aside a judgment terminating
parental rights. For the purpose of this section, "best interest of the child" shall include,
but not be limited to, a consideration of the age of the child, the nature of the relationship
of the child with the caretaker of the child, the length of time the child has been in the
custody of the caretaker, the nature of the relationship of the child with the birth parent,
the length of time the child has been in the custody of the birth parent, any relationship
that may exist between the child and siblings or other children in the caretaker's household, and the psychological and medical needs of the child. The determination of the
best interest of the child shall not be based on a consideration of the socio-economic
status of the birth parent or the caretaker.
(P.A. 93-91, S. 1, 2; 93-170, S. 1.)
History: P.A. 93-91 authorized substitution of commissioner and department of children and families for commissioner
and department of children and youth services, effective July 1, 1993.