In re Analise M.
CourtConnecticut Appellate Court
Date FiledJuly 16, 2026
DocketAC49311
JudgeAlvord; Wilson; Bishop
StatusPublished
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Full Opinion
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In re Analise M.
IN RE ANALISE M.*
(AC 49311)
Alvord, Wilson and Bishop, Js.
Syllabus
The respondent appealed from the trial court’s judgment granting the peti-
tioner’s motion to transfer permanent legal guardianship and denying his
motion to transfer guardianship with respect to his minor child, who had
previously been adjudicated neglected. The respondent, who did not challenge
any of the court’s underlying factual findings, claimed only that the court
improperly determined that a transfer of permanent legal guardianship of
the child to the child’s paternal great aunt, S, who is a licensed foster parent,
was in the child’s best interest. Held:
The trial court, having found by clear and convincing evidence that a transfer
of permanent legal guardianship of the minor child was in the child’s best
interest, did not abuse its discretion in granting the petitioner’s motion to
transfer permanent legal guardianship to S, as the record was devoid of any
direct evidence supporting the respondent’s claim that S misunderstood the
ramifications of a transfer of permanent guardianship pursuant to statute
(§ 46b-129 (j) (8)), and neither of the respondent’s claims, relating to his and
S’s purportedly shared subjective goal of reunification and S’s purported
misunderstanding of § 46b-129 (j) (8) regarding the reopening and modifica-
tion of an order of permanent legal guardianship, related to the child-centered
best interest determination that he sought to challenge on appeal.
Argued April 13—officially released July 16, 2026**
Procedural History
Petition by the Commissioner of Children and Families
to adjudicate the respondent’s minor child neglected,
brought to the Superior Court in the judicial district of
New Haven, Juvenile Matters, and tried to the court,
Conway, J.; judgment adjudicating the minor child
neglected and committing the minor child to the cus-
tody of the petitioner; thereafter, the court, Dawson, J.,
granted the petitioner’s motion to transfer permanent
*
In accordance with the spirit and intent of General Statutes § 46b-
142 (b) and Practice Book § 79a-12, the names of the parties involved in
this appeal are not disclosed. The records and papers of this case shall
be open for inspection only to persons having a proper interest therein
and upon order of the court.
**
July 16, 2026, the date that this decision was released as a slip opin-
ion, is the operative date for all substantive and procedural purposes.
In re Analise M.
legal guardianship and denied the respondent’s motion
to transfer guardianship, and the respondent appealed
to this court. Affirmed.
Matthew C. Eagan, assigned counsel, for the appell-
ant (respondent).
Evan O’Roark, deputy solicitor general, with whom,
on the brief, was William Tong, attorney general, for
the appellee (petitioner).
Opinion
PER CURIAM. The respondent father, Chad M.,
appeals from the judgment of the trial court, rendered
in favor of the petitioner, the Commissioner of Children
and Families, granting the petitioner’s motion to transfer
permanent legal guardianship and denying the respon-
dent’s motion to transfer guardianship with respect to
the respondent’s minor child, Analise M. (Analise).1 On
appeal, the respondent claims that the court improperly
determined that a transfer of permanent legal guardian-
ship of Analise to Sheila M., the child’s paternal great
aunt, was in Analise’s best interest.2 We affirm the judg-
ment of the trial court.
The record reveals the following undisputed facts and
procedural history. Analise’s first experiences with the
Department of Children and Families (department) began
in October 2016. On October 7, 2016, the petitioner filed
a petition alleging that Analise was neglected due to her
being homeless as a result of the respondent’s incarcera-
tion and the inability of the child’s mother, Jessica R., to
care for her. Also on October 7, 2016, the petitioner filed a
motion for an ex parte order of temporary custody, which
the court granted the same day. Following her removal
from the respondent and Jessica R. in October 2016,
1
Analise’s mother, Jessica R., whose parental rights previously were
terminated, is not a party to this appeal. Accordingly, all references to
the respondent are to Chad M. only.
2
The attorney for the minor child filed a statement adopting the brief
of the petitioner in this appeal pursuant to Practice Book §§ 67-13 and
79a-6 (c).
In re Analise M.
Analise was placed in the care of Sheila M. The court
adjudicated Analise neglected on February 23, 2017.
On March 30, 2017, the court committed Analise to the
care and custody of the petitioner until such time as it
issued further orders. The same day, the court approved
final specific steps necessary to facilitate reunification of
Analise with the respondent and Jessica R. On April 28,
2018, the petitioner filed a termination of parental rights
petition on behalf of Analise. On February 13, 2019, the
court granted the petition as to Jessica R. but denied the
petition as to the respondent. Analise remained in Sheila
M.’s care until December 2019, when she was reunified
with the respondent, initially under a period of protective
supervision, which expired on July 21, 2020.
The events underlying the present appeal began in
June 2023, after the respondent left Analise in the care
of her paternal grandfather, who resides with Sheila M.
On September 1, 2023, the petitioner filed a neglect peti-
tion alleging that Analise had been abandoned, was being
denied proper care and attention, physically, education-
ally, emotionally, or morally, and was being permitted
to live under conditions, circumstances, or associations
injurious to her well-being. Also on September 1, 2023,
the petitioner filed an ex parte motion for temporary cus-
tody, which the court, Conway, J., granted the same day.
The court, Chavey, J., subsequently sustained the order
of temporary custody on September 8, 2023. On October
10, 2023, the court adjudicated Analise neglected and
committed her to the care and custody of the petitioner.
The court also finalized specific steps for the respondent
on October 10, 2023.
On July 11, 2024, the petitioner filed a motion to review
the permanency plan. The petitioner’s plan for a transfer
of guardianship to Sheila M. was approved by the court,
Conway, J., on August 13, 2024. On April 9, 2025, the
petitioner, for the first time, moved for the court to vest
permanent legal guardianship of Analise in Sheila M. The
respondent filed an objection to the petitioner’s motion
on April 17, 2025. On May 15, 2025, the petitioner filed
In re Analise M.
a motion to review the permanency plan, requesting a
transfer of permanent legal guardianship of Analise to
Sheila M. On July 11, 2025, the respondent filed a motion
for a transfer of guardianship to Sheila M. In his motion,
the respondent argued that “a transfer of guardianship
and not a permanent transfer of guardianship is in the
best interests of [Analise].”
A consolidated trial on the petitioner’s motion for
permanent legal guardianship, the respondent’s motion
to transfer guardianship, and objections thereto was
held on July 14, 2025.3 At trial, the petitioner presented
testimony from one witness, a department social worker
who was assigned to Analise’s case as of June 2024, and
introduced into evidence five exhibits. The petitioner’s
exhibits included a copy of the specific steps ordered for
the respondent on September 1, 2023, and finalized on
October 10, 2023, documents evaluating the respondent’s
compliance with the court-ordered specific steps, and
department studies in support of the permanency plan
filed July 11, 2024, and in support of the motion seeking
a transfer of permanent legal guardianship. The peti-
tioner’s motion for judicial notice, filed July 10, 2025,
was granted by the court without objection.
Following the close of evidence, the court offered Sheila
M. an opportunity to address the court, if she so desired.
Sheila M. addressed the court in relevant part as follows:
“I’ve invested my life in raising Analise. I don’t want to
take my nephew’s rights away. He’s family. . . . I love him
dearly. I’m only invested in what’s right for Analise and
that she can live the life that she was going to live. . . . I
don’t want him to ever think I’m here to hurt him. I’m
not. I just want to do the best by her . . . . I want her to
3
The parties appeared before the court, Knight, J., on August 21,
2025. During the proceeding, the court canvassed the respondent and
confirmed that, at the time of trial, the respondent understood the dis-
tinctions between a transfer of guardianship and a permanent transfer
of guardianship. The court also advised the respondent that, pursu-
ant to General Statutes § 46b-129 (j), if the court issued an order for
permanent legal guardianship, the respondent may not file a motion to
terminate guardianship.
In re Analise M.
live her best life . . . . I think that right at this particular
time she should stay with me. When he gets in a better
place, I have no problem with going back to court like
we’re talking about now but it’s not the right time for
that. . . . [The respondent’s] welcome all the time in our
home, in my home. . . . I just think that he needs to just
get himself together . . . .”
On September 25, 2025, the court, Dawson, J., issued a
memorandum of decision in which it granted the petition-
er’s motion to transfer permanent legal guardianship,
overruled the respondent’s objection to said motion, and
denied the respondent’s motion to transfer guardianship.
By clear and convincing evidence, the court found that
the respondent had failed to rehabilitate as demonstrated
by his continued involvement with the criminal justice
system, his failure to maintain consistent contact with
the department, and his “inconsistent cooperation with
the programs set up to assist him.” The court found
that, although the department made referrals for the
respondent to attend substance abuse treatment and
intimate partner violence programs, the respondent
either “failed to complete these programs or to benefit
from the services that these programs offered . . . .” The
court found that the respondent had failed “to overcome
his long-standing challenges of substance abuse” and
that he had not “sufficiently corrected the factors that
led to [Analise’s] commitment . . . .”
Specific to Sheila M.’s care for Analise, the court first
found that “Analise has resided with . . . Sheila M. since
August of 2023” and had “previously resided with Sheila
M. from 2017 until 2019.” The court noted that Analise,
at ten years of age, had “spent more than four years of
her life in foster care with Sheila M. . . .” The court also
found that “Sheila M. has demonstrated her commitment
to caring for Analise until the child turns eighteen” and
that “[t]he child is strongly attached to Sheila M. . . .”
“Sheila M. is disinclined to adopt the child, though she
is committed to caring for the child long-term. Thus,
In re Analise M.
adoption of Analise is not possible . . . .”4 “The evidence
demonstrated that Analise is thriving in the care of
[Sheila M.]. Analise shares a close relationship with
[Sheila M.]. All of [Analise’s] needs are being met in this
home. She is up to date with her medical care, does well
in school, and maintains many friends.”
The court additionally found that Sheila M. is licensed
as a foster parent for Analise. In conjunction with this
finding, the court referenced Practice Book § 35a-12A
(b), which provides in relevant part that, “[i]n cases in
which a motion for transfer of guardianship seeks to vest
guardianship of a child or youth in any relative who is
the licensed foster parent for such child or youth . . . the
moving party has the burden of proof that the proposed
guardian is suitable and worthy and that transfer of
guardianship is in the best interests of the child or youth.
In such cases, there shall be a rebuttable presumption that
the award of legal guardianship to that relative shall be
in the best interests of the child or youth and that such
relative is a suitable and worthy person to assume legal
guardianship.” The court then found that there was no
evidence to rebut this presumption.
Thereafter, the court found that the petitioner’s “pro-
posed permanency plan is . . . appropriate and in the
best interest of Analise. The plan is approved . . . .” The
petitioner “has met [her] burden proving that a statutory
ground exists for the termination of parental rights as
set forth in [General Statutes] § 17a-112 (j), specifically
that the respondent . . . has failed to achieve a degree of
personal rehabilitation that would encourage the belief
that within a reasonable amount of time, considering
the age and needs of Analise, that he could assume a
responsible position in the child’s life . . . .” “Analise
has resided with the proposed guardian for more than
two years, by all accounts she is thriving in this home.
4
A department social worker assigned to Analise’s case testified that
the department had considered a permanency plan of termination of
parental rights and adoption, but that Sheila M. would not consent to
adoption because she did not want the court to terminate the respon-
dent’s parental rights.
In re Analise M.
Sheila M. is found to be suitable and worthy and it is in
the best interest of Analise to vest her permanent legal
guardianship in Sheila M.” In light of these findings,
the court ordered that permanent legal guardianship of
Analise be transferred to Sheila M. This appeal followed.
On appeal, the respondent does not challenge the
court’s underlying factual findings. In fact, he concedes
that the petitioner “met [her] burden as to all subele-
ments of a permanent transfer of guardianship.” The
respondent’s sole claim is that the court erroneously
determined that a transfer of permanent legal guard-
ianship was in the best interest of Analise “because it
frustrates the stated wishes of the proposed guardian who
. . . misunderstood the ramifications of . . . a [transfer
of permanent guardianship] motion” and “because the
permanency concerns that normally impact [transfer of
guardianship decisions] were not as acute in [the present]
case.” We are unpersuaded.
We begin with our standard of review and the appli-
cable legal principles. We review the respondent’s claim
for abuse of discretion. “To determine whether a custodial
placement is in the best interest of the child, the court
uses its broad discretion to choose a place that will foster
the child’s interest in sustained growth, development,
well-being, and in the continuity and stability of its
environment. . . . We have stated that when making the
determination of what is in the best interest of the child,
[t]he authority to exercise the judicial discretion under
the circumstances revealed by the finding is not conferred
upon this court, but upon the trial court, and . . . we are
not privileged to usurp that authority or to substitute
ourselves for the trial court. . . . A mere difference of
opinion or judgment cannot justify our intervention.
Nothing short of a conviction that the action of the trial
court is one which discloses a clear abuse of discretion can
warrant our interference. . . . In determining whether
there has been an abuse of discretion, the ultimate issue
is whether the court could reasonably conclude as it did.”
(Internal quotation marks omitted.) In re Marie J., 219
Conn. App. 792, 819–20, 296 A.3d 308 (2023).
In re Analise M.
“Permanent guardianship” is defined by General Stat-
utes § 45a-604 (8) as a guardianship “that is intended
to endure until the minor reaches the age of majority
without termination of the parental rights of the minor’s
parents . . . .” See also In re Brian P., 195 Conn. App.
582, 592, 226 A.3d 152 (2020) (“a permanent guard-
ianship is intended to occur without the termination
of parental rights”). There is a significant distinction
between a transfer of permanent legal guardianship and
a transfer of guardianship. When a transfer of guardian-
ship occurs, a child’s parent retains parental rights and
may, as frequently as every six months, seek a reinstate-
ment of his or her guardianship. See General Statutes
§ 46b-129 (m).5 When a transfer of permanent legal
guardianship occurs, although a child’s parent retains
parental rights, he or she is precluded from seeking
a reinstatement of guardianship or filing a motion to
terminate the permanent guardianship. See General
Statutes § 46b-129 (j) (8). However, individuals other
than a child’s parent, including the child’s permanent
guardian, may seek modifications to or revocation of a
permanent guardianship order. Section 46b-129 (j) (8)
specifically provides in relevant part that “[a]n order
of permanent legal guardianship may be reopened and
modified and the permanent legal guardian removed
upon the filing of a motion with the court, provided it
is proven by a fair preponderance of the evidence that
the permanent legal guardian is no longer suitable and
worthy. A parent may not file a motion to terminate a
permanent legal guardianship. . . .”
Pursuant to § 46b-129 (j) (7), prior to issuing an order
for permanent legal guardianship, “the court shall find by
clear and convincing evidence that the permanent legal
guardianship is in the best interests of the child or youth
5
General Statutes § 46b-129 (m) provides that “[t]he commissioner,
a parent or the child’s attorney may file a motion to revoke a commit-
ment, and, upon finding that cause for commitment no longer exists,
and that such revocation is in the best interests of such child or youth,
the court may revoke the commitment of such child or youth. No such
motion shall be filed more often than once every six months.”
In re Analise M.
and that the following have been proven by clear and
convincing evidence: (A) [o]ne of the statutory grounds
for termination of parental rights exists, as set forth in
subsection (j) of section 17a-112, or the parents have vol-
untarily consented to the establishment of the permanent
legal guardianship; (B) [a]doption of the child or youth
is not possible . . . (C) . . . (ii) if the child is under twelve
years of age, the proposed permanent legal guardian is:
(I) [a] relative, (II) a caregiver, or (III) already serving
as the permanent legal guardian of at least one of the
child’s siblings, if any; (D) [t]he child or youth has resided
with the proposed permanent legal guardian for at least
a year; and (E) [t]he proposed permanent legal guardian
is (i) a suitable and worthy person, and (ii) committed
to remaining the permanent legal guardian and assum-
ing the right and responsibilities for the child or youth
until the child or youth attains the age of majority.” As
stated previously, apart from challenging the court’s
best interest determination, the respondent “does not
dispute that the [petitioner] met [her] burden as to all
subelements of a permanent transfer of guardianship.”
As the parties correctly observe, neither this court nor
our Supreme Court has addressed directly the proper
formulation of a court’s best interest determination in
the context of a transfer of permanent guardianship.
Because motions to transfer guardianship are dispo-
sitional in nature, as provided by Practice Book § 35a-
12A, and because a petition to transfer permanent legal
guardianship, like a petition to terminate parental rights,
requires a petitioner to prove by clear and convincing
evidence that a statutory ground for termination of
parental rights exists, we conclude that it is appropriate
to look to case law pertaining to the best interest analy-
sis in the dispositional phase of termination of parental
rights proceedings to guide our analysis. See General
Statutes § 17a-112 (j).
“In the dispositional phase of a termination of paren-
tal rights hearing, the emphasis appropriately shifts
from the conduct of the parent to the best interest of the
In re Analise M.
child. . . . The best interests of the child include the child’s
interests in sustained growth, development, well-being,
and continuity and stability of [the child’s] environment. . . .
In the dispositional phase of a termination of parental
rights hearing, the trial court must determine whether
it is established by clear and convincing evidence that
the continuation of the respondent’s parental rights is
not in the best interest of the child. In arriving at this
decision, the court is mandated to consider and make
written findings regarding seven factors delineated in
[§ 17a-112 (k)]. . . . The seven factors serve simply as
guidelines for the court and are not statutory prerequi-
sites that need to be proven before termination can be
ordered. . . . There is no requirement that each factor
be proven by clear and convincing evidence.”6 (Internal
quotation marks omitted.) In re Sequoia G., 205 Conn.
App. 222, 227, 256 A.3d 195, cert. denied, 338 Conn.
904, 258 A.3d 675 (2021).
In claiming that the court abused its discretion in
determining that a transfer of permanent legal guard-
ianship was in Analise’s best interest, the respondent
6
General Statutes § 17a-112 (k) provides in relevant part that, “in
determining whether to terminate parental rights under this section,
the court shall consider and shall make written findings regarding: (1)
The timeliness, nature and extent of services offered, provided and
made available to the parent and the child by an agency to facilitate the
reunion of the child with the parent; (2) whether the [department] has
made reasonable efforts to reunite the family pursuant to the federal
Adoption and Safe Families Act of 1997, as amended from time to time;
(3) the terms of any applicable court order entered into and agreed upon
by any individual or agency and the parent, and the extent to which all
parties have fulfilled their obligations under such order; (4) the feel-
ings and emotional ties of the child with respect to the child’s parents,
any guardian of such child’s person and any person who has exercised
physical care, custody or control of the child for at least one year and
with whom the child has developed significant emotional ties; (5) the age
of the child; (6) the efforts the parent has made to adjust such parent’s
circumstances, conduct, or conditions to make it in the best interest of
the child to return such child home in the foreseeable future . . . and
(7) the extent to which a parent has been prevented from maintaining
a meaningful relationship with the child by the unreasonable act or
conduct of the other parent of the child, or the unreasonable act of any
other person or by the economic circumstances of the parent.”
In re Analise M.
relies on Sheila M.’s unsworn statement to the court
expressing a willingness to return custody of Analise to
the respondent if, in the future, the respondent became
a suitable caregiver for Analise, and his own stated goal
of reunification. He notes that, in her unsworn state-
ment to the court, Sheila M. stated that, “[w]hen [the
respondent] gets in a better place, I have no problem with
going back to court like [we are] talking about now . . . .”
On the basis of that purportedly shared goal of reunifica-
tion, the respondent argues that Sheila M. did not fully
understand that, for an order of permanent transfer of
guardianship to be reopened or modified, § 46b-129 (j)
(8) requires that the permanent guardian be found to
be no longer suitable or worthy. See General Statutes §
46b-129 (j) (8). This requirement, the respondent argues,
“prevents [Sheila M.] from returning to court to argue
that the [permanent transfer of guardianship] should
be modified because . . . [in light of Sheila M.’s love for
Analise] it strains credulity that she would declare herself
unable to care for the minor child . . . .” According to the
respondent, “[b]ecause § 46b-129 (j) (8) requires a finding
that the guardian is no longer suitable or worthy before a
permanent transfer of guardianship may be reopened or
modified, the trial court’s decision frustrated the goals of
the parties and, as a result, was not in the best interests
of the minor child.” We are not persuaded.
First, the record is devoid of any direct evidence sup-
porting the respondent’s claim that Sheila M. misun-
derstood the ramifications of a transfer of permanent
guardianship. Instead, the respondent asks us to specu-
late, based solely on her unsworn statement to the court,
about Sheila M.’s understanding of the law and her poten-
tial willingness to entertain further legal proceedings in
the event of future developments that may or may not
occur. See In re K. M., 217 Conn. App. 687, 707 n.18,
289 A.3d 1240 (2023) (court concluded that contention
that was unsupported by any evidence is “pure specula-
tion”). As we frequently have stated, “speculation and
conjecture have no place in appellate review. . . . Our role
is not to guess at possibilities, but to review claims based
In re Analise M.
on a complete factual record developed by a trial court.”
(Internal quotation marks omitted.) In re Samantha S.,
120 Conn. App. 755, 759, 994 A.2d 259 (2010), appeal
dismissed, 300 Conn. 586, 15 A.3d 1062 (2011).
Second, and more fundamentally, the factors to be
considered in a court’s best interest analysis are inher-
ently child-centered. See footnote 6 of this opinion. “This
court has previously elaborated that [a]lthough the term
best interest is elusive to precise definition . . . the best
interests of the child has been generally defined as a mea-
sure of a child’s well-being, which includes [her] physical
(and material) needs, [her] emotional (and psychologi-
cal) needs, [her] intellectual and [her] moral needs. . . .
[T]he trial court may consider any number of factors
that pertain to these [child-centered] considerations,
such as the parent[’s] rehabilitative status, the length of
time that the child is in the temporary care of the state,
the child’s need for permanency, the proposed guard-
ian’s suitability, and the child’s bond with the proposed
guardian.” (Citation omitted; internal quotation marks
omitted.) In re Kadon M., 194 Conn. App. 100, 109–10,
219 A.3d 985 (2019).
The respondent’s claims, in contrast, relate to Sheila
M.’s and the respondent’s purportedly shared subjective
goal of reunification and Sheila M.’s purported misun-
derstanding of § 46b-129 (j) (8). Neither of those claims
relate to the child-centered best interest determination
that the respondent seeks to challenge in this appeal.
Consequently, and in light of the court’s unchallenged
findings that support its determination that a trans-
fer of permanent guardianship was in Analise’s best
interest, we conclude that the respondent has failed to
demonstrate that the court abused its discretion in the
present case.7
The judgment is affirmed.
7
As part of his claim, the respondent states in a conclusory fashion that,
“because any threat to permanency is merely theoretical and not hinted
at in the record, it was not in the best interest of the minor child for
the court to grant the permanent motion for transfer of guardianship.”
In re Analise M.
According to the respondent, “[t]he permanency concerns that appro-
priately play a paramount role in decisions concerning a permanent
transfer of guardianship were muted in [the present] case because of the
general agreement of the parties that the respondent . . . was not in a
position to take care and custody of his daughter and because the history
of the case demonstrates that the respondent . . . has sought the best
placement for his child whenever possible.” The respondent has failed
to demonstrate by reference to the record or relevant authority that the
court’s concern for permanency for Analise was “merely theoretical” and
“illusory” in the present case. Indeed, the respondent offers but cursory
attention to this argument. Observing that the respondent’s abstract
assertions are unaccompanied by substantive discussion or citation to
legal authorities, we deem the respondent’s argument abandoned. See
In re Olivia W., 223 Conn. App. 173, 196 n.16, 308 A.3d 571 (2024)
(court deemed stand-alone contentions unsupported by any substantive
legal analysis to be abandoned).