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IN RE CHRONESCA D.* (AC 32354)
Gruendel, Beach and Peters, Js. Argued December 2, 2010--officially released February 8, 2011

(Appeal from Superior Court, judicial district of Middlesex, Child Protection Session at Middletown, Frankel, J. [order of temporary custody]; Baldwin, J. [judgment].) Gary J. Wilson, for the appellant (respondent father). Colleen B. Valentine, assistant attorney general, with whom, on the brief, were Richard Blumenthal, former attorney general, and Michael J. Besso, assistant attorney general, for the appellee (petitioner). Sylvester L. Salcedo, for the appellee (respondent mother). Juliana M. Romano, for the minor child. Ellen A. Morgan, guardian ad litem for the minor

child.

Opinion

GRUENDEL, J. The respondent father appeals1 from the judgment of the trial court committing his minor child to the temporary custody of the respondent's cousin, Denise R. On appeal, the respondent claims that the court improperly vested temporary custody of the child in Denise R. in light of its finding that the child was not in immediate physical danger from her surroundings. We agree and, accordingly, reverse the judgment of the trial court. The following facts and procedural history are relevant to the resolution of this appeal. On April 29, 2010, the commissioner of children and families (commissioner) filed a motion for an order of temporary custody with respect to the child. The commissioner previously had filed a petition of neglect with respect to the child on March 17, 2010. The court granted the commissioner's motion for an order of temporary custody on an ex parte basis and ordered that the care and custody of the child be temporarily vested in Denise R. pursuant to General Statutes

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Connecticut Law