In re Dynastie D.
CourtSupreme Court of Connecticut
Date FiledJune 17, 2026
DocketSC21157
JudgeMullins; McDonald; D’Auria; Ecker; Alexander; Dannehy; Bright
StatusPublished
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Full Opinion
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In re Dynastie D.
IN RE DYNASTIE D.*
(SC 21157)
Mullins, C. J., and McDonald, D’Auria, Ecker,
Alexander, Dannehy and Bright, Js.
Syllabus
Pursuant to statute ((Rev. to 2023) § 46b-129 (j) (4)), a child in the custody
of the Commissioner of Children and Families may be placed “in the home of
a . . . relative caregiver . . . within or without the state, provided [the] child
shall not be placed outside the state except for good cause . . . .”
The minor child, D, who had been adjudicated neglected and committed
to the custody of the petitioner, the Commissioner of Children and Fami-
lies, appealed, on the granting of certification, from the judgment of the
Appellate Court, which had upheld the trial court’s decision to grant the
petitioner’s motion for D’s out-of-state placement. After D was committed
to the petitioner’s custody, she was placed with two individuals residing in
Connecticut, who were licensed foster parents and who presented themselves
as long-term resources for D’s adoption. Although D thrived and bonded
with these individuals, the petitioner ultimately developed a permanency
plan that would involve the termination of the parental rights of D’s bio-
logical parents and her adoption by her paternal grandparents, who resided
in Florida. In granting the petitioner’s motion for D’s placement with her
paternal grandparents in Florida, the trial court found, inter alia, that such
placement was in D’s best interests and would allow D to maintain a connec-
tion with her paternal family while still having the opportunity to maintain
a connection with her biological parents, who had indicated that they eventu-
ally planned to relocate to Florida. The trial court subsequently issued an
articulation at the request of the petitioner, explaining that there was good
cause for the out-of-state placement under § 46b-129 (j) (4) and that the same
facts that supported its finding of best interests also supported its finding
of good cause. On appeal to this court, D claimed that the Appellate Court
improperly construed § 46b-129 (j) (4) by failing to apply a presumption in
favor of in-state placement and incorrectly determined that the trial court
had properly applied the good cause standard in deciding the petitioner’s
motion for out-of-state placement. Held:
The Appellate Court improperly construed § 46b-129 (j) (4) by failing to
apply a presumption in favor of in-state placement.
Although § 46b-129 (j) (4) was silent with respect to its operation, including
the allocation of the burden of proof when a court considers a motion for out-
of-state placement, the statute creates an implied, rebuttable presumption
*
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.
In re Dynastie D.
in favor of in-state placement, such a presumption being consistent with
the statute’s apparent purpose of protecting family integrity prior to the
termination of parental rights.
This court concluded that, to rebut that presumption, the party seeking
out-of-state placement for the child bears the burden of proving, by a pre-
ponderance of the evidence, good cause for that placement.
Moreover, the showing of good cause under § 46b-129 (j) (4) must be made
separately from the showing that must be made with respect to the best
interests of the child, insofar as the circumstances or factors that support
a finding of good cause will often, but not always, be aligned with the best
interests of the child, particularly when a child’s out-of-state placement will
have a significant impact on the parents’ ability to maintain a relationship
with the child or to pursue reunification.
Furthermore, a trial court, in determining good cause under § 46b-129 (j)
(4), has discretion to consider a variety of factors under the totality of the
circumstances, but it must consider the effect the out-of-state placement
will have on the parents’ reunification efforts.
The Appellate Court incorrectly determined that the trial court had properly
applied the good cause standard in granting the petitioner’s motion for
out-of-state placement, and, accordingly, the Appellate Court’s judgment
was reversed, and the case was remanded with direction to reverse the trial
court’s decision on that motion and for further proceedings.
Although the trial court cited § 46b-129 (j) (4) in its decision on the peti-
tioner’s motion, it did not reference the good cause standard but, instead,
repeatedly applied the best interests standard.
Furthermore, in its articulation, the trial court relied extensively on the
same evidence on which it relied in making its best interests determina-
tion, and the court failed to define the term “good cause” or acknowledge
the presumption embodied in § 46b-129 (j) (4), to mention the parent-child
relationship that the good cause requirement is intended to safeguard, or
to explain why the child’s remaining in Connecticut would not allow her to
maintain a connection with her paternal family.
Given the importance of the presumption in favor of in-state placement in
protecting family integrity and the legislative policy of keeping children in
Connecticut, this court concluded that a remand was necessary so that the
trial court could apply the correct standard in deciding the motion for D’s
out-of-state placement.
Argued April 6—officially released June 17, 2026**
**
June 17, 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 Dynastie D.
Procedural History
Petition by the Commissioner of Children and Families
to adjudicate the respondents’ minor child neglected,
brought to the Superior Court in the judicial district of
Stamford-Norwalk, Juvenile Matters, and transferred to
the judicial district of Fairfield, Juvenile Matters, where
the respondents were defaulted for failure to appear;
thereafter, the court, Skyers, J., rendered judgment
adjudicating the minor child neglected and committing
the minor child to the custody of the petitioner; subse-
quently, the court, Skyers, J., granted the petitioner’s
motion for the out-of-state placement of the minor child,
and the minor child appealed to the Appellate Court,
Alvord, Westbrook and Wilson, Js., which affirmed the
trial court’s decision, and the minor child, on the grant-
ing of certification, appealed to this court. Reversed;
further proceedings.
Joshua Michtom, for the appellant (minor child).
Evan O’Roark, deputy solicitor general, with whom,
on the brief, was William Tong, attorney general, for
the appellee (petitioner).
ALEXANDER, J. This certified appeal requires us to
determine how “good cause” is established for an out-
of-state placement of a child who has been committed
to the custody of the petitioner, the Commissioner of
Children and Families, under General Statutes (Rev.
to 2023) § 46b-129 (j) (4).1 The Appellate Court upheld
the trial court’s finding that there was good cause for
the out-of-state placement of the minor child, Dynastie
D. (child), in the home of her paternal grandparents in
Florida. In re Dynastie D., 233 Conn. App. 662, 671–72,
1
During the pendency of this case, the legislature amended § 46b-129
(j), by redesignating the out-of-state placement provision in subdivi-
sion (5) of that subsection. See Public Acts 2024, No. 24-126, § 5. For
consistency with the pleadings and other decisions in this case, “[a]ll
references to § 46b-129 in this opinion are to the 2023 revision of the
statute, which was in effect when the motion for out-of-state place-
ment was filed.” In re Dynastie D., 233 Conn. App. 662, 664 n.2, 341
A.3d 331 (2025).
In re Dynastie D.
697–98, 341 A.3d 331 (2025). On appeal, the child claims
that the Appellate Court (1) failed to apply a presump-
tion in favor of in-state placement, and (2) incorrectly
determined that the trial court had properly applied the
good cause standard in deciding the petitioner’s motion
for out-of-state placement. We agree and reverse the
judgment of the Appellate Court.
The record reveals the following relevant facts.2 Since
her birth in February, 2023, the child has been committed
to the custody of the petitioner by reason of neglect. The
petitioner placed the child with Kisha T. and Dennis T.,
who are licensed foster parents and reside in Bridgeport
(foster parents); Kisha T. is a maternal cousin of the
respondent mother, Nacole C.3 The child “thriv[ed]” and
bonded with the foster parents, who presented them-
selves as long-term resources for her adoption. Although
the petitioner had no concern about the child’s progress
with the foster parents, it developed a permanency plan
that would include the termination of parental rights
and her adoption by Grace M.-D. and Joao D. (paternal
grandparents), who are the mother and stepfather of the
respondent father, Sebastian M.4
Because the paternal grandparents live in Florida,
in April, 2024, the petitioner filed a motion seeking
approval of an out-of-state placement pursuant to § 46b-
129 (j) (4). The petitioner also obtained an assessment
from the Florida Department of Children and Families
pursuant to the Interstate Compact on the Placement
of Children, General Statutes § 17a-175, approving the
paternal grandparents as a licensed placement for the
child. The child’s attorney objected to the motion, argu-
ing that, since birth, “[t]he child’s only residence has been
with the . . . foster parents” and that she “recognizes and
identifies them as her parents and is bonded not only with
2
For a more detailed rendition of the facts and procedural history of
this case, see In re Dynastie D., supra, 233 Conn. App. 664–72.
3
Counsel for Nacole C. filed an appearance and has adopted the peti-
tioner’s brief in this appeal.
4
Counsel for Sebastian M. filed an appearance but has not otherwise
participated in this appeal.
In re Dynastie D.
[them] but also with numerous extended family mem-
bers.” He further argued that the child is “thriving” in
her current placement with the foster parents and that
moving her to “reside in . . . Florida with the paternal
grandparents is not in [her] best interest” because she “is
not bonded with [them], does not have a relationship with
[them],” and would suffer “emotional and psychological
damage” from a move “to a new environment and . . . new
caretakers with whom she has only met in person during
[two] supervised visitation sessions . . . .”
After an evidentiary hearing, in October, 2024, the
trial court issued an oral decision, granting the petition-
er’s motion for out-of-state placement.5 In its decision,
the trial court credited the testimony of Tania Mayen, a
social worker employed by the petitioner, that, “early in
the process, the case plan was” to place the child in Florida
with the paternal grandparents, with the agreement of
the respondent parents, who had “acknowledg[ed] that
they were unable to care for [the child]” and “indicated
that they eventually intended to relocate to Florida to be
closer to [the child] and the paternal family.” Although
Sebastian M. had identified Grace M.-D. as a potential
placement resource for the child, that assessment had
to be “deferred until after paternity [was] confirmed” in
2023. The trial court credited Grace M.-D.’s testimony
that, as soon as paternity was confirmed, “she contacted
[the petitioner] so she could be considered as a resource
for long-term placement,” that “[she] works as a reg-
istered nurse and lives with her husband, Joao D. and
5
In June, 2024, the child moved, pursuant to § 46b-129 (i) and Practice
Book § 34a-21 (a), for an order “that the child and her foster parents par-
ticipate in a foster parent-child interactional evaluation with a clinical
interview performed by a clinical psychologist for purposes of assessing
the attachment bond between the foster parents and child.” The child
argued that the interactional evaluation (1) was necessary to protect
her best interests because her “attorney needs additional information
regarding the effect of removing [her] from the foster parents’ care,”
and (2) would provide “important” information “in determining the
nature and quality of [her] attachment to the foster parents as well as
the impact on [her] should the attachment be severed.” The trial court
denied the motion for an interactional evaluation.
In re Dynastie D.
two sons, ages eleven and fourteen, in St. Augustine,
Florida,” that “[h]er home was assessed by the [s]tate
of Florida and she began the process for approval,” that
“she would be able to provide for [the child’s] needs and
[to] give her permanency,” and that “she wanted to adopt
[the child].”
The trial court further credited Grace M.-D.’s testi-
mony that “her main concern would be to provide a stable
home for [the child’s] safety and well-being,” and that
“she’s willing to have [the child] get to know Sebastian
[M.], but Sebastian [M.] would not be living with them.”
Additionally, the trial court stated: “Grace [M.-D.] had
regular and consistent weekly video calls with [the child]
that were facilitated by Sebastian [M.] during his visi-
tation time. [She] and . . . Joao [D.], along with her two
sons, her sister-in-law, and Sebastian [M.] visited with
[the child] in Connecticut in July, 2023. Her last visit
with [the child] was in September, 2024, with Joao [D.],
her sons, and other extended family in New York. She
clearly loves [the child] and wishes to assume care for
her in her home. [She] had planned to take [the child]
for a visit in Florida in July, 2024. However, that visit
did not take place due to the court procedural process.”
The trial court also credited Kisha T.’s testimony that
“she and her family love [the child] . . . [and] have a clear
bond with her” and that “she and [Dennis T.] would be
willing to adopt [her].”
Observing that the child “is very fortunate to have
two possible placements,” the trial court first found by a
preponderance of the evidence that “placement with [the]
paternal grandparents is in [the child’s] best interest[s].
[It] will allow [the child] to maintain a connection with
her paternal family while still hav[ing] the opportunity
to maintain a connection with her [parents].” The court
stated that the “child has offered insufficient evidence”
to support a conclusion that placing her with the paternal
“grandparents in Florida is inconsistent with her best
interests . . . [or] that to do so would be detrimental to
her best interest[s].” In making this finding, the trial
In re Dynastie D.
court “acknowledg[ed] the care the foster parents had
given to [the child],” stating: “The . . . foster parents
have a loving bond with [the child], and [it] is clear . . .
that they have nurtured and cared for her during the time
of her placement. . . . [I]t is this loving and sustaining
care that will help [the child] transition more easily to
her paternal . . . grandparents in Florida.”
The petitioner subsequently filed a motion for articula-
tion, requesting the trial court “to articulate whether it
made a finding in accordance with . . . § 46b-129 (j) (4)
that there was good cause to place the . . . child outside
of the state when [it] granted the petitioner’s motion
for out-of-state placement.” The trial court granted the
motion and issued a brief articulation, stating: “The same
facts that the court used in its finding of best interests
do hereby support the finding of good cause. The court
finds there is good cause for placing the child outside
. . . Connecticut to be with her paternal grandparents in
. . . Florida because it will allow [her] the opportunity
to maintain a connection with her [paternal] grandpar-
ents and extended paternal family.” The petitioner then
moved the child to Florida in November, 2024, where she
now lives with the paternal grandparents.6
The child appealed to the Appellate Court, claiming,
inter alia, that the trial court had “failed to follow the
statutory requirements of § 46b-129 (j) (4)” in approving
the out-of-state placement. In re Dynastie D., supra,
233 Conn. App. 672. The Appellate Court conducted a
comprehensive analysis of the statute; see id., 673–76;
but determined that remand was not necessary because
it was “not setting forth a new [good cause] standard”
but, rather, was “providing [permissible] factors for trial
6
The petitioner moved the child to Florida after the trial court denied
the child’s motion to stay the order granting the motion for out-of-state
placement, which the Appellate Court then upheld following a motion
for review and denial of reconsideration en banc. See In re Dynastie D.,
supra, 233 Conn. App. 671 n.8. As was discussed at oral argument before
this court, the trial court has not yet rendered judgment terminating
the respondents’ parental rights, and the respondents have visited but
not yet moved to Florida.
In re Dynastie D.
courts to consider in [guiding] their good cause determi-
nation.” Id., 680 n.12; see id., 679–80. The Appellate
Court concluded that the trial court had not abused its
discretion in its application of the good cause standard
under § 46b-129 (j) (4). See id., 682–84. Accordingly,
the Appellate Court affirmed the trial court’s decision.7
Id., 698. This certified appeal followed.8
On appeal, the child argues that the Appellate Court
incorrectly construed § 46b-129 (j) (4) by not giving effect
to a presumption in favor of in-state placement and,
instead, conducting “a best interests based comparison
of two possible placements without any presumption
employed.”9 Observing the phrasing of the statute as a
7
The child advanced several other claims in the Appellate Court, includ-
ing that “the [trial] court impermissibly shifted the burden of proof on
the issue of good cause from the petitioner to her”; In re Dynastie D.,
supra, 233 Conn. App. 685; “the [trial] court’s determination of good
cause was not supported by the evidence”; id., 689; and expert testimony
was required to support the finding of good cause. See id., 696–97. The
Appellate Court rejected each of these claims; see id., 689, 696, 697;
and they are not before us in this appeal.
8
We granted the child’s petition for certification to appeal, limited
to the following issues: (1) “Did the Appellate Court correctly define
the phrase ‘good cause’ in . . . § 46b-129 (j) (4)?” And (2) “[d]id the
Appellate Court correctly conclude that the trial court had correctly
determined that there was good cause for the out-of-state placement of
the child pursuant to § 46b-129 (j) (4)?” In re Dynastie D., 353 Conn.
905, 342 A.3d 239 (2025).
Having reviewed the record and briefs in this case, we exercise our
discretion to reword the first certified question to reflect the issues in
this case more accurately. See, e.g., State v. Peluso, 344 Conn. 404,
413 n.7, 279 A.3d 707 (2022). Accordingly, we reword the first certi-
fied question as follows: “Did the Appellate Court correctly construe
and apply § 46b-129 (j) (4)?”
9
The petitioner observes, and the child has not disputed, that the
child did not argue before the Appellate Court that § 46b-129 (j) (4)
incorporates a rebuttable presumption in favor of in-state placement.
Nevertheless, the petitioner concedes that “the statute contains an
implicit presumption that favors in-state placement” but argues that
the trial court’s good cause finding sufficed to rebut that presumption.
Given this candid concession by the petitioner, and the fact that the
child’s presumption arguments relate more broadly to the statutory
construction claims raised in the Appellate Court and reflected in the
certified question, we will consider this argument. See, e.g., Dept. of
Public Health v. Estrada, 349 Conn. 223, 251–52, 315 A.3d 1081 (2024).
In re Dynastie D.
proviso, the child urges us to “look to the overall child
welfare statutory scheme and [to] recognize that a statu-
tory mandate to condition a certain outcome on a burden
greater than best interests necessarily requires a showing
that that outcome better advances the core policy goals
of the statutory scheme.”
Whether the Appellate Court correctly construed
§ 46b-129 (j) (4) is a matter of first impression for this
court and is “a question of statutory interpretation over
which we exercise plenary review. . . . Accordingly, we
review [§ 46b-129 (j) (4)] pursuant to General Statutes
§ 1-2z and our familiar principles of statutory interpre-
tation.” (Citation omitted.) State v. Enrrique H., 353
Conn. 823, 829, 347 A.3d 1156 (2025).
General Statutes (Rev. to 2023) § 46b-129 (j) (4) pro-
vides in relevant part: “The commissioner may place
any child or youth so committed to the commissioner
in a suitable foster home or in the home of a fictive kin
caregiver, relative caregiver, or in a licensed child-caring
institution or in the care and custody of any accredited,
licensed or approved child-caring agency, within or with-
out the state, provided a child shall not be placed outside
the state except for good cause and unless the parents or
guardian of such child are notified in advance of such
placement and given an opportunity to be heard, or in
a receiving home maintained and operated by the com-
missioner. . . .” (Emphasis added.)
The “good cause” requirement of § 46b-129 (j) (4) is
phrased as a proviso. See, e.g., Michel v. Hartford, 226
Conn. App. 98, 126, 317 A.3d 49 (2024). “A proviso is
said to remove special cases from the general enactment
and [to] provide for them specially. . . . Provisos do not
usually expand the scope of a statute, but restrict it.”
(Citations omitted; internal quotation marks omitted.)
Sanzone v. Board of Police Commissioners, 219 Conn.
179, 189, 592 A.2d 912 (1991).
The limiting nature of a proviso indicates that the
“good cause” standard for out-of-state placement under
In re Dynastie D.
§ 46b-129 (j) (4) restricts the petitioner’s authority to
place a child or youth who has been committed to the
petitioner’s care. The statute is, however, silent with
respect to its operation, including who has the burden
of proof when the court considers a motion for out-of-
state placement. Provisos generally are strictly “con-
strued with doubts resolved in favor of the general rule
rather than the exception and . . . those who claim the
benefit of an exception under a statute have the burden
of proving that they come within the limited class for
whose benefit it was established.” (Internal quotation
marks omitted.) Michel v. Hartford, supra, 226 Conn.
App. 126; see, e.g., Yale University v. New Haven, 71
Conn. 316, 337, 42 A. 87 (1899). This is not, however,
always the case, and the nonbenefiting party may have
the burden of pleading and proof, particularly when it
has superior access to the relevant facts. See Michel v.
Hartford, supra, 127–30. Because “[s]ilence renders a
statute ambiguous when the missing subject reasonably
is necessary to effectuate the provision as written, and
the missing subject renders the statute susceptible to
more than one plausible interpretation,” we may consider
extratextual evidence in construing the statute under
§ 1-2z. (Internal quotation marks omitted.) TOV Realty,
LLC v. Suarez, 354 Conn. 745, 758, ___ A.3d ___ (2026);
see, e.g., Kelsey v. Commissioner of Correction, 343
Conn. 424, 433–34, 274 A.3d 85 (2022).
We agree with the parties that the proviso creates
an implied, rebuttable presumption in favor of in-state
placement, which is consistent with the statute’s appar-
ent purpose of protecting family integrity prior to the ter-
mination of parental rights.10 “A rebuttable presumption
10
What is now § 46b-129 (j) (4) was enacted in 1977. See Public Acts
1977, No. 77-272. Its legislative history is sparse and focuses primar-
ily on how the notification aspects of the provision mitigate the risk
of damage to the relationship between biological parents and their
children raised when foster parents have moved out of state prior to
the termination of parental rights. See 20 S. Proc., Pt. 5, 1977 Sess.,
p. 2083, remarks of Senator Betty Hudson; Conn. Joint Standing Com-
mittee Hearings, Human Services, Pt. 2, 1977 Sess., p. 445, remarks of
Deputy Commissioner of Children and Youth Services Jeanette Dille;
In re Dynastie D.
is equivalent to prima facie proof of a fact and can be
rebutted only by the opposing party’s production of suf-
ficient and persuasive contradictory evidence that dis-
proves the fact that is the subject of the presumption. . . .
A presumption requires that a particular fact be deemed
true until such time as the proponent of the invalidity of
the fact has, by the particular quantum of proof required
by the case, shown by sufficient contradictory evidence
. . . that the presumption has been rebutted.” (Internal
quotation marks omitted.) Fish v. Fish, 285 Conn. 24, 46
n.21, 939 A.2d 1040 (2008). Thus, given the presumption
that in-state placement is superior, the party seeking
the out-of-state placement bears the burden of proving,
by a preponderance of the evidence, good cause for that
placement. See, e.g., Boisvert v. Gavis, 332 Conn. 115,
144–45, 210 A.3d 1 (2019); Michel v. Hartford, supra,
226 Conn. App. 126.
The showing of good cause, which the Appellate Court
correctly observed stands separate and apart from the
best interests of the child considerations that govern
under § 46b-129 generally; see In re Dynastie D., supra,
233 Conn. App. 675–76; rebuts the presumption in favor
of in-state placement that effectuates the legislature’s
purpose of preserving family relationships. The show-
ings are “not synonymous” and must be made separately.
(Emphasis omitted.) Id., 676.
Moreover, “[i]n the absence of [a] statutory definition,
we construe the term ‘good cause’ in accordance with
the commonly approved usage of the language. . . . At
the time that § 46b-129 (j) (4) was amended to include a
requirement of ‘good cause’ for out-of-state placements,
‘good cause’ was defined to mean a ‘[s]ubstantial reason,
one that affords legal excuse’ or a ‘[l]egally sufficient
ground or reason.’ . . . Thus, the statute prescribes that
[to overcome the presumption in favor of in-state place-
ment] the petitioner must demonstrate a ‘[l]egally suf-
ficient ground or reason’ to warrant the out-of-state
Conn. Joint Standing Committee Hearings, supra, p. 447, remarks of
Catherine Calikey, New Britain Legal Aid.
In re Dynastie D.
placement of the child.” (Citations omitted.) Id., 674; see
Warner v. Lancia, 46 Conn. App. 150, 155, 698 A.2d 938
(1997) (explaining showing required for substitution of
fiduciary as defendant beyond time prescribed by Gen-
eral Statutes § 52-599 (b) for substitution as of right);
see also Black’s Law Dictionary (4th Ed. 1968) p. 822.
The legislature, by using the term “good cause” in
§ 46b-129 (j) (4) without cabining its meaning within a
more specific definition, such as “best interests of the
child,” conferred discretion on the trial court charged
with making that finding and afforded the court flex-
ibility to consider a variety of factors under the totality
of the circumstances, including the parents’ interests in
reunification. In re Dynastie D., supra, 233 Conn. App.
675; see Kelsey v. Commissioner of Correction, supra, 343
Conn. 441–43; Warner v. Lancia, supra, 46 Conn. App.
155–56. Given the breadth of the trial court’s discretion,
like a child custody or visitation determination, “whether
to place a child outside the state is a fact-intensive inquiry
for the trial court, which has the parties before it and is
in the best position to analyze all of the factors [that] go
into the ultimate conclusion that [there is good cause to
support the out-of-state placement].” (Internal quotation
marks omitted.) In re Dynastie D., supra, 674; see In re
Ava W., 336 Conn. 545, 589, 248 A.3d 675 (2020). This
“require[s] credibility determinations and a weighing of
the evidence . . . .” In re Dynastie D., supra, 679.
Although circumstances or factors that constitute
sufficient good cause to rebut the presumption in favor
of an in-state placement will often also be in the best
interests of the child, that is not always the case. As
previously noted, the good cause requirement serves
to protect family unity and the interest of parents in
reunifying with their children. See footnote 10 of this
opinion. Parents’ interest in reunification is rooted in
their “interest . . . in the care, custody, and control of
their children . . . [which] is perhaps the oldest of the
fundamental liberty interests recognized by [the United
States Supreme] Court.” Troxel v. Granville, 530 U.S.
In re Dynastie D.
57, 65, 120 S. Ct. 2054, 147 L. Ed. 2d 49 (2000). Conse-
quently, when a child is deemed neglected and is placed
in the petitioner’s custody, the petitioner is required,
with limited exceptions, to make reasonable efforts to
reunify the child with his or her parents; see General
Statutes § 17a-111b; and, if the petitioner later seeks
termination of parental rights for failure to rehabilitate,
she must—subject to limited exceptions—prove by clear
and convincing evidence that such reunification efforts
were made. See General Statutes § 17a-112 (j).
A trial court, therefore, must consider the effect the
out-of-state placement will have on the parents’ reuni-
fication efforts when applying the good cause standard
under § 46b-129 (j) (4). Even if an out-of-state placement
appears to be in the child’s immediate best interests
because it is at the time superior to an in-state placement
alternative, the child’s best interests may not amount
to good cause for such a placement if the benefit to the
child is minimal compared to the detrimental impact on
the parents’ reunification efforts. Focusing solely on
the child’s best interests, without accounting for the
parents’ reunification interests, risks predetermining
termination of parental rights by making reunification
impossible due to the geographic separation. That is a
result the statute was intended to prevent.
“[I]t is impossible to provide a comprehensive list of
circumstances that could satisfy the good cause standard
. . . .” In re Dynastie D., supra, 233 Conn. App. 679. Nev-
ertheless, the Appellate Court aptly articulated factors
to guide “[t]he discretion of the trial court . . . within the
context of the applicable statutory provision.” Id., 675.
A “trial court properly may elect to consider a number of
factors in determining whether a petitioner has met its
evidentiary burden of establishing good cause to place
the child outside the state. As examples, which are nei-
ther exclusive nor all-inclusive, a trial court may wish
to consider the suitability of the proposed out-of-state
placement; the quality of the child’s relationships with
individuals in Connecticut or geographically close to
In re Dynastie D.
Connecticut and in the vicinity of the proposed out-of-
state placement; the child’s or the parents’ preferences
where appropriate; the strength of the emotional bond
between the child and the current in-state placement;
the opportunity for the child to form a bond with the
proposed placement; and the impact the out-of-state
placement may have on the child. Trial courts should,
of course, evaluate these considerations independently
from their best interest[s] of the child determination.”11
(Emphasis in original.) Id., 679–80. This is particularly
true when the decision to place the child out of state
will have a significant impact on the parents’ ability
to maintain a relationship with the child or to pursue
reunification.
We now consider whether the Appellate Court correctly
concluded that the trial court had applied the correct
legal standard in exercising its discretion. We conclude
that it did not and that a remand is, therefore, required.
It is well settled that “this court has never required the
talismanic recital of specific words or phrases if a review
of the entire record supports the conclusion that the trial
court properly applied the law.” State v. Henderson, 312
Conn. 585, 597, 94 A.3d 614 (2014). A trial court’s deci-
sion is read as a whole to determine whether it applied
the correct standard, and we do not cherry-pick portions
in isolation to contradict the judgment. See, e.g., In re
11
In addition to the Superior Court cases cited as illustrative by the
Appellate Court; see In re Dynastie D., supra, 233 Conn. App. 676–78;
we find instructive case law arising under the federal Indian Child
Welfare Act of 1978 (ICWA), 25 U.S.C. § 1915 (a) (2024). ICWA cases
are illustrative because those proceedings are not governed by the best
interests of the child standard and are focused squarely on whether
good cause exists to depart from the statutory placement preference,
which operates as a presumption to effectuate the congressional intent
of mitigating cultural bias and keeping tribes intact. See, e.g., In re
Adoption of T.R.M., 525 N.E.2d 298, 311–12, 313 (Ind. 1988), cert.
denied sub nom. J.Q. v. D.R.L., 490 U.S. 1069, 109 S. Ct. 2072, 104
L. Ed. 2d 636 (1989); In re Adoption of B.G.J., 281 Kan. 552, 565–66,
133 P.3d 1 (2006); In re C.H., 299 Mont. 62, 66–68, 76, 997 P.2d 776
(2000); People ex rel. South Dakota Dept. of Social Services, 795 N.W.2d
39, 42–44 (S.D. 2011).
In re Dynastie D.
Annessa J., 343 Conn. 642, 676, 284 A.3d 562 (2022). A
trial court’s citation of the correct legal authorities and
reference to at least one of the governing factors support
a reading that the correct legal standard was applied.
See, e.g., id., 675–76; In re M. S., 226 Conn. App. 857,
869–70, 319 A.3d 833, cert. denied, 349 Conn. 920, 320
A.3d 978 (2024).
Upon review of the record, we cannot be confident
that the trial court applied the correct legal standard
to adjudicate the petitioner’s motion for out-of-state
placement. Although the trial court cited the govern-
ing statute at the beginning of its oral decision, it never
made any reference to the “good cause” standard at any
point. Instead, the court repeatedly applied the “best
interests” standard in explaining its placement deci-
sion. The court’s reasoning was grounded in allowing
the child “to maintain a connection with her paternal
family while still hav[ing] the opportunity to maintain
a connection with her [parents].” It emphasized that
there was no evidence to suggest that placement with
her paternal “grandparents in Florida is inconsistent
with her best interests.”12
The trial court’s subsequent articulation does little to
suggest that the court conducted the correct inquiry. It
12
The trial court’s decision included language suggesting that the
burden of proof was on the child rather than on the petitioner, stating
that the child has offered insufficient evidence to support a conclu-
sion that placing her with the paternal “grandparents in Florida [was]
inconsistent with her best interests . . . [or a conclusion] that to do so
would be detrimental to her best interest[s].” As was discussed at oral
argument before this court, the Appellate Court rejected the child’s claim
that the trial court had improperly shifted the burden of proof, holding
that, “despite the [trial] court’s isolated use of the imprecise language
that forms the basis for the child’s claim, [that] court properly placed
the burden of proof on the petitioner. The challenged language merely
reflects [that] court’s assessment of the evidence offered by the child to
the court as part of its determination of whether the petitioner had met
its burden with respect to good cause.” In re Dynastie D., supra, 233
Conn. App. 688. Although this burden shifting issue is not before us as
an independent claim of error in this certified appeal, we have taken into
account this imprecise language as part of our overall consideration of
whether the trial court had applied the correct legal standard.
In re Dynastie D.
merely stated: “The same facts that the court used in its
finding of best interests do hereby support the finding
of good cause. The court finds there is good cause for
placing the child outside . . . Connecticut to be with her
paternal grandparents in . . . Florida because it will allow
[the child] the opportunity to maintain a connection
with her grandparents and extended paternal family.”
This explanation did not define the term “good cause”
or expressly or implicitly acknowledge the presumption
embodied in § 46b-129 (j) (4) in favor of in-state place-
ment that is more stringent than the generally applicable
best interests of the child determination. The articula-
tion also did not explain why remaining in Connecticut
would not support those paternal family connections,
particularly given the trial court’s complimentary treat-
ment in its decision of the foster parents’ commitment
to the child’s well-being and presumed ability to support
the transition of the child to Florida. See In re D.L., 298
P.3d 1203, 1205–1206 (Okla. Civ. App. 2013) (tribe
did not show good cause under Indian Child Welfare
Act of 1978, 25 U.S.C. § 1915 (a), to avoid statutory
preference for placement of children with relatives by
clear and convincing evidence given finding that trauma
from move of children from tribal placement to relatives
could be addressed). In addition, the articulation failed
to mention the parent-child relationship that the good
cause requirement is intended to safeguard.
These factors render this case distinguishable from
In re Annessa J., supra, 343 Conn. 642, and In re Jason
R., 306 Conn. 438, 51 A.3d 334 (2012), on which the
petitioner relies heavily for her argument that remand is
not required. Our decision in In re Annessa J. considered
whether the trial court had applied the more stringent
“necessary or appropriate” standard for posttermination