Sec. 45a-610. (Formerly Sec. 45-44c). Removal of parent as guardian.
               	 		
      Sec. 45a-610. (Formerly Sec. 45-44c). Removal of parent as guardian. If the 
Court of Probate finds that notice has been given or a waiver has been filed, as provided 
in section 45a-609, it may remove a parent as guardian, if the court finds by clear and 
convincing evidence one of the following: (1) The parent consents to his or her removal 
as guardian; or (2) the minor child has been abandoned by the parent in the sense that 
the parent has failed to maintain a reasonable degree of interest, concern or responsibility 
for the minor child's welfare; or (3) the minor child has been denied the care, guidance 
or control necessary for his or her physical, educational, moral or emotional well-being, 
as a result of acts of parental commission or omission, whether the acts are the result 
of the physical or mental incapability of the parent or conditions attributable to parental 
habits, misconduct or neglect, and the parental acts or deficiencies support the conclusion that the parent cannot exercise, or should not in the best interests of the minor child 
be permitted to exercise, parental rights and duties at the time; or (4) the minor child 
has had physical injury or injuries inflicted upon the minor child by a person responsible 
for such child's health, welfare or care, or by a person given access to such child by 
such responsible person, other than by accidental means, or has injuries which are at 
variance with the history given of them or is in a condition which is the result of maltreatment such as, but not limited to, malnutrition, sexual molestation, deprivation of 
necessities, emotional maltreatment or cruel punishment; or (5) the minor child has been 
found to be neglected or uncared for, as defined in section 46b-120. If, after removal 
of a parent as guardian under this section, the minor child has no guardian of his or her 
person, such a guardian may be appointed under the provisions of section 45a-616. 
Upon the issuance of an order appointing the Commissioner of Children and Families 
as guardian of the minor child, or not later than sixty days after the issuance of such 
order, the court shall make a determination whether the Department of Children and 
Families made reasonable efforts to keep the minor child with his or her parents prior 
to the issuance of such order and, if such efforts were not made, whether such reasonable 
efforts were not possible, taking into consideration the minor child's best interests, 
including the minor child's health and safety.
      (P.A. 79-460, S. 10; P.A. 83-481, S. 3; P.A. 84-294, S. 3; P.A. 00-75, S. 3; P.A. 01-195, S. 28, 181; May 9 Sp. Sess. 
P.A. 02-7, S. 32.)
      History: P.A. 83-481 added phrase "by clear and convincing evidence" and deleted provisions of Subdiv. (4) substituting 
provisions re evidence of physical injury or injuries or a condition which is the result of maltreatment; P.A. 84-294 added 
provision re appointment of guardian under provisions of Sec. 45-45 if child has no guardian of his person after removal 
of a parent as guardian under this section; Sec. 45-44c transferred to Sec. 45a-610 in 1991; P.A. 00-75 made a technical 
change in Subdiv. (4) and added Subdiv. (5) re grounds for removal if the court finds that minor child has been neglected 
or uncared for (Revisor's note: Notwithstanding the deletion of the word "or" before Subdiv. (4) in the public act, it was 
retained by the Revisors for consistency); P.A. 01-195 made technical changes, effective July 11, 2001; May 9 Sp. Sess. 
P.A. 02-7 added provision requiring the court upon issuance of an order appointing the Commissioner of Children and 
Families as guardian of the minor child, or not later than 60 days thereafter, to make a determination whether the Department 
of Children and Families made reasonable efforts to keep the minor child with his or her parents prior to the issuance of 
such order and, if such efforts were not made, whether such reasonable efforts were not possible considering the best 
interests of the minor child and made technical changes, effective August 15, 2002.
      Annotations to former section 45-44c:
      Cited. 193 C. 393. Distinguished application of this statute from operation of Sec. 46b-129. 195 C. 344.
      Annotations to present section:
      Cited. 237 C. 233.
      Cited. 34 CA 129; judgment reversed, see 234 C. 51. Trial court record supports clear and convincing evidence standard. 
Parent-child relationship not an exceptional circumstance allowing constitutional claim to be raised for the first time on 
appeal. 47 CA 105. Evidence of arrests not resulting in convictions admissible where parent alleged to have denied care 
as a result of habits or misconduct. 50 CA 818.
      Cited. 44 CS 169.