In re Emilia M.

CourtListener 10620864Connappct30 giu 2025

Testo completo

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In re Emilia M.

IN RE EMILIA M. ET AL.*
(AC 48262)
Seeley, Wilson and Lavine, Js.

Syllabus

The respondent mother appealed following the trial court’s judgments termi-
nating her parental rights with respect to her minor children and denying
her motion to permanently transfer legal guardianship of the children to
their maternal grandmother, which the court had consolidated with the trial
on the termination of parental rights petitions filed by the petitioner, the
Commissioner of Children and Families. The mother’s sole, unpreserved
claim on appeal was that the court’s failure to inquire into an alleged conflict
of interest involving the attorney who represented the children at trial denied
the children their federal and state due process rights to conflict free counsel
and that the alleged conflict impacted the court’s decision to deny her
motion to transfer guardianship. Held:

This court lacked subject matter jurisdiction over the respondent mother’s
appeal, as she did not have standing to challenge the denial of her motion
to permanently transfer guardianship of the children because, once her
parental rights had been terminated, which she did not challenge on appeal,
she no longer had a specific, personal and legal interest in the children that
was specially and injuriously affected by the denial of her motion, and, thus,
she was not aggrieved by the denial of the motion.
Argued June 5—officially released June 30, 2025**

Procedural History

Petitions by the Commissioner of Children and Fami-
lies to terminate the respondents’ parental rights with
* 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.
Moreover, in accordance with federal law; see 18 U.S.C. § 2265 (d) (3)
(2018), as amended by the Violence Against Women Act Reauthorization
Act of 2022, Pub. L. No. 117-103, § 106, 136 Stat. 49, 851; we decline to
identify any person protected or sought to be protected under a protection
order, protective order, or a restraining order that was issued or applied
for, or others through whom that person’s identity may be ascertained.
** June 30, 2025, the date that this decision was released as a slip opinion,
is the operative date for all substantive and procedural purposes.
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In re Emilia M.

respect to their minor children, brought to the Superior
Court in the judicial district of Litchfield, Juvenile Mat-
ters at Torrington, and transferred to the Superior Court
in the judicial district of Middlesex, Child Protection
Session, where the cases were tried to the court, Hon.
Barbara M. Quinn, judge trial referee; judgments termi-
nating the respondents’ parental rights, from which the
respondent mother appealed to this court. Appeal dis-
missed.
Matthew C. Eagan, assigned counsel, for the appel-
lant (respondent mother).
Daniel M. Salton, assistant attorney general, with
whom, on the brief, was William Tong, attorney gen-
eral, for the appellee (petitioner).

Opinion

SEELEY, J. The respondent mother, Cydney M.,
appeals following the judgments of the trial court, ren-
dered in favor of the petitioner, the Commissioner of
Children and Families, terminating her parental rights
with respect to her minor children,1 Emilia M. (Emilia)
and Ariella M. (Ariella).2 On appeal, the respondent
raises claims for the first time3 concerning the minor
children’s right to conflict free counsel. Specifically,
she claims that (1) the attorney who represented the
minor children at trial had a conflict of interest and that
the court’s failure to inquire into that conflict denied
the minor children their federal and state due process
1
Pursuant to Practice Book § 79a-6 (c), the attorney for the minor children
filed a statement adopting the petitioner’s brief in this appeal.
2
The trial court also rendered judgments terminating the parental rights
of the minor children’s father, Christopher M., who has filed a separate
appeal from those judgments. In this opinion, we refer to Cydney M. as the
respondent.
3
The respondent seeks review of her unpreserved claims pursuant to
State v. Golding, 213 Conn. 233, 239–40, 567 A.2d 823 (1989), as modified
by In re Yasiel R., 317 Conn. 773, 781, 120 A.3d 1188 (2015).
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In re Emilia M.

rights to conflict free counsel, and (2) the court improp-
erly failed to protect the children’s statutory right4 to
conflict free counsel. The respondent has not raised
any claim on appeal challenging the judgments termi-
nating her parental rights with respect to the minor
children. Because we conclude that this court lacks
subject matter jurisdiction over the respondent’s
appeal, we dismiss the appeal.
The following facts, as found by the trial court, and
procedural history are relevant to this appeal. The
respondent, who has been ‘‘diagnosed with major
depressive disorder, post-traumatic stress disorder, and
attention deficit hyperactivity disorder, as well as opi-
oid use in standing remission and borderline personality
disorder . . . is now thirty-one years old, and her first
child was born when she turned twenty-five. She met
Christopher M., the father of her two children, approxi-
mately ten years ago, and they were married in 2015.
Christopher [M.] is some seventeen years older than
[the respondent], and he has two adult children from
earlier relationships . . . . [The respondent] and
Christopher [M.] have had a volatile relationship
marked with intimate partner violence and ongoing dif-
ficulties related to significant mental health issues and
4
The respondent does not cite a specific statute that provides for the
right to conflict free counsel in a termination of parental rights proceeding.
Rather, she cites General Statutes § 46b-129a (2) (A), which addresses the
right to counsel in neglect proceedings but ‘‘is equally applicable to termina-
tion proceedings.’’ In re Christina M., 90 Conn. App. 565, 577–78, 877 A.2d
941 (2005), aff’d, 280 Conn. 474, 908 A.2d 1073 (2006). Section 46b-129a (2)
(A) provides in relevant part that ‘‘[a] child shall be represented by counsel
knowledgeable about representing such children,’’ as well as § 46b-129a (2)
(C), which addresses the primary role of counsel for a child in such a
proceeding. She also asserts that ‘‘[t]here is no dispute that the minor chil-
dren have ‘the right of confrontation and cross-examination and shall be
represented by counsel in each and every phase of any and all proceedings
in child protection matters, including appeals.’ Practice Book § [32a-1]. This
statutory right also implies a right to effective assistance of counsel, which,
for the same reasons articulated in our constitutional cases, also implies
conflict free counsel.’’
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ongoing drug use by both. All who have counseled or
interviewed the parents have spoken of a ‘toxic relation-
ship’ that is harmful to both of them but which they
had not been able to set aside during the course of
these proceedings. In the past, each has represented to
[the Department of Children and Families (depart-
ment)] and their therapeutic counselors that they were
not in a relationship when secretly they remained
involved with each other until very recently. . . . End-
ing their relationship was a necessary predicate to each
of the parents’ rehabilitation efforts, as their intimate
partner violence and escalating arguments and fights
negatively impacted their two daughters and were a
continuing source of trauma for the children.
‘‘During the time between the birth of Ariella, the
oldest child, in 2018, and September 12, 2022, when
. . . orders of temporary custody with neglect petitions
were filed, there were a total of nine referrals to [the
department] due to the ever escalating, more serious
intimate partner violence and neglectful care of the two
children, Emilia having been born in September, 2020.
The difficulties and arguments that arose between the
parents were exacerbated by [the respondent’s] mental
health difficulties [and] her out-of-control behaviors
and reflected the ever growing toxic relationship
between her and Christopher [M.].’’ (Footnote omitted.)
In August, 2022, the department received a referral
from the children’s maternal grandmother alleging that
Christopher M. was touching the children inappropri-
ately while the children were naked. The respondent
apparently had videotaped the children in the nude
demonstrating the alleged acts of sexual abuse by Chris-
topher M. and accusing their father of touching them
inappropriately.5 The respondent subsequently admit-
ted that she had coached the children. Following these
5
The trial court specifically found that the ‘‘the police [had] reported to
[the department] that [the respondent] had sexually exploited her children
by taking videos of them on her cell phone in the nude. . . . [The respon-
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events, the petitioner sought and received orders of
temporary custody for the children, who were placed in
the foster home of their aunt. The children subsequently
were adjudicated neglected and committed to the cus-
tody of the petitioner. While in the home of their aunt,
the children engaged in sexualized behaviors that
became too difficult for their aunt to handle, which
resulted in the children being separated, with Ariella
being placed in the care of her maternal grandmother6
and Emilia ultimately being placed with a foster family.
On December 8, 2023, the petitioner filed petitions
for the termination of the respondent’s parental rights
with respect to both children, alleging that the respon-
dent had failed to achieve a sufficient degree of personal
rehabilitation as would encourage the belief that, given
the age and needs of the children, she could assume a
responsible position in their lives within a reasonable
time. While those petitions were pending, the respon-
dent filed a motion seeking a permanent transfer of
guardianship of the children to their maternal grand-
mother (motion to transfer guardianship).7 The trial on
the termination petitions was consolidated with the
dent] also had sent similar videos to a friend, who also reported her to the
police for ‘kiddy porn.’ It appeared that [the respondent] was regularly
coaching the children to accuse their father of sexual abuse, as he was on
probation and was a registered sex offender. She has several times admitted
that she did coach them because of her concerns. She was arrested on
December 1, 2022, [on] charges of possession of child pornography and
promoting minor[s] [in an] obscene performance, as well as risk of injury
to children. She was incarcerated at York Correctional Institution and subse-
quently released on bond. There is a full no contact protective order in
place protecting the children from [the respondent], who, with the exception
of one supervised visit during a psychological evaluation, has had no contact
with her children since November, 2022, when a motion to suspend visitation
was granted by the court. [The respondent] was ultimately convicted of
these charges and sentenced to a period of incarceration from January,
2024, to June, 2024.’’
6
In March, 2024, the maternal grandmother could no longer take care of
Ariella, who, ultimately, was placed in the same foster home as Emilia.
7
General Statutes (Rev. to 2023) § 46b-129 (j) (6) provides: ‘‘Prior to
issuing an order for permanent legal guardianship, the court shall provide
notice to each parent that the parent may not file a motion to terminate
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hearing on the motion to transfer guardianship, and the
consolidated proceeding took place on various dates
in July and August, 2024. In its memorandum of deci-
sion, the court found by clear and convincing evidence
that the statutory ground for termination—a failure to
achieve sufficient personal rehabilitation—had been
established. In the dispositional phase of the proceed-
ing, the court made findings as to each of the criteria
set forth in General Statutes § 17a-112 (k) and con-
cluded that it was in the children’s best interests to
terminate the respondent’s parental rights.8 Therefore,
the court rendered judgments terminating the respon-
dent’s parental rights and appointing the petitioner as
the permanent legal guardianship, or the court shall indicate on the record
why such notice could not be provided, and the court shall find by clear
and convincing evidence that the permanent legal guardianship is in the
best interests of the child or youth and that the following have been proven
by clear and convincing evidence:
‘‘(A) One of the statutory grounds for termination of parental rights exists,
as set forth in subsection (j) of section 17a-112, or the parents have volunta-
rily consented to the establishment of the permanent legal guardianship;
‘‘(B) Adoption of the child or youth is not possible or appropriate;
‘‘(C) (i) If the child or youth is at least twelve years of age, such child or
youth consents to the proposed permanent legal guardianship, or (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) The child or youth has resided with the proposed permanent legal
guardian for at least a year; and
‘‘(E) The proposed permanent legal guardian is (i) a suitable and worthy
person, and (ii) committed to remaining the permanent legal guardian and
assuming the right and responsibilities for the child or youth until the child
or youth attains the age of majority.’’
8
Specifically, the court found that the respondent is ‘‘not able to have
the children in [her] care, as [she] admits she cannot care for them . . . .
There is no question that these children, at six and four years of age, require
permanent and competent caretakers who can consistently and reliably deal
with their special needs, their emotional requirements and provide daily
loving care for both of them. . . . After considering Ariella’s and Emilia’s
ages and the totality of circumstances, including the strength of Ariella’s
bond to her grandmother and the other familial connections, the court
concludes, from the clear and convincing evidence, that, even despite Ariel-
la’s bond to her grandmother and also to her mother, termination of [the
respondent’s] parental right[s] [with respect to the children is] in these
young girls’ best interests.’’ (Citation omitted.)
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the statutory parent. The court also denied the motion
to transfer guardianship, concluding, inter alia, that
‘‘[t]he proposed placement would not foster the sus-
tained growth, development and well-being of [the] two
young girls, nor the continuity and stability of their
environment.’’9 This appeal followed.
9
With respect to the motion to transfer guardianship, the court ruled:
‘‘[The respondent] filed a motion to transfer permanent guardianship of the
children to [their maternal grandmother] on July 10, 2024. Ariella had lived
with her maternal grandmother . . . from November, 2022, until April, 2024.
Both girls had spent considerable time in her care before their removal
from the care of their parents. In March, 2024, [the maternal grandmother],
contemplating the probable outcome of [a] back surgery she was facing,
decided she could no longer care for Ariella in her home, a decision she
testified that she now deeply regrets. The motion for transfer of permanent
guardianship was initially filed by [the respondent] without discussion with
[the maternal grandmother], although she later acquiesced in it. . . .
‘‘[W]hen the court considers the further inquiry into what is in the best
interests of these two girls, the court cannot conclude from the evidence
that placing them with [their maternal grandmother] is in their best interests.
‘‘First, as noted when reviewing the girls’ placement history and function-
ing, the court concludes that [the maternal grandmother] valued the company
of Ariella and was ambivalent about Emilia. Certainly, such internal family
preferences are harmful to the child so denigrated to a second-class status.
But also, they are harmful to the preferred child, as that child assumes an
identity based on favoritism and enjoys an objectively unearned position.
The best outcome for these children is for each of them to be valued for
their unique gifts and personalities, an outcome not available to them with
their grandmother . . . . In addition, [the maternal grandmother] is unable
to offer the two girls separate rooms for sleeping and, so, could not keep
them apart, should they then engage in negative behaviors as they had in
the past. [The maternal grandmother], the court finds, was not entirely
credible when she testified and stated she would take both girls, as from
other statements it was obvious she would prefer to only have Ariella in
her care. Ariella has made it plain that she wishes to live with [the maternal
grandmother] and that this outcome will happen. Her thoughts do not include
her sister. While it is understandable she would like to stay in a household
where she enjoys a special status, she is only six years old and too young
to make such a decision or to know what is best for her.
‘‘Last but not least, these two girls need structure, predictability of care
and a competent caretaker to guide them into a productive adulthood. . . .
[W]hen . . . [the respondent and Christopher M.] would rely on [the mater-
nal grandmother] to assist them when the girls were younger, she was
unpredictable and unreliable, and would forget to take them when she had
promised to do [so]. There is some evidence that similar events occurred
while Ariella was in her care and custody. In addition, she would need to
manage [the respondent’s] desire in the future to visit with Ariella or Emilia
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On appeal, the respondent does not challenge the
judgments terminating her parental rights. In particular,
she has raised no claim relating to (1) any of the court’s
factual findings in support of its judgments terminating
her parental rights, (2) the court’s finding, by clear and
convincing evidence, that the petitioner satisfied the
statutory ground for termination—that the respondent
had failed to achieve sufficient personal rehabilitation
within the meaning of § 17a-112 (j) (3) (B) (i)—and (3)
the court’s findings, by clear and convincing evidence,
in the dispositional phase concerning the factors deline-
ated in § 17a-112 (k) and that the termination of the
respondent’s parental rights was in the children’s best
interests. Instead, she raises unpreserved claims con-
cerning an alleged conflict of interest of the children’s
counsel, with the focus of her briefing being on how
the alleged conflict impacted the court’s decision deny-
ing her motion to transfer guardianship.10
if both were placed with her. [The maternal grandmother], in the court’s
opinion, as has occurred in the past, would be unable to keep the peace,
and the child or children would again be exposed to fights and violence,
all to their detriment. Ariella remains connected to her mother and the tug-
of-war, even if there were no actual fighting between the grownups, [and
that] could also impair her growing sense of permanency if placed with her
grandmother.
‘‘It may be that [the maternal grandmother] is a suitable and worthy person
for another child such as her grandson, who resides with her, but she is
not such a person for Ariella, despite their closeness. A transfer of guardian-
ship of Emilia to her is also not in Emilia’s best interests, as she is not truly
wanted. The proposed placement would not foster the sustained growth,
development and well-being of these two young girls, nor the continuity
and stability of their environment. The court therefore denies the motion for
transfer of guardianship based on the evidence before it.’’ (Citation omitted.)
10
In her principal appellate brief, the respondent references the termina-
tion trial in discussing a child’s right to counsel in such a proceeding and
the alleged conflict that existed with the children’s counsel. She also men-
tions the termination trial while discussing the harmfulness of the alleged
conflict of interest, stating that ‘‘the representation of the minor children
in the termination trial necessarily impacted the trial court’s decision as to
the [respondent’s] motion to transfer guardianship,’’ and in arguing that
‘‘Ariella was, in effect, unrepresented throughout the termination trial and
with regard to the motion to transfer guardianship.’’ Aside from these passing
references, which are not adequately briefed claims of error, she has neither
challenged any of the court’s findings and conclusions with respect to its
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In re Emilia M.

As a result of the respondent’s failure to challenge
the judgments terminating her parental rights, the peti-
tioner has raised a threshold jurisdictional issue as to
whether the respondent has standing to pursue this
appeal. Specifically, the petitioner argues that, because
the respondent has not challenged any aspect of the
judgments terminating her parental rights, she effec-
tively has conceded that those judgments are ‘‘legally
and factually sound.’’ Therefore, the petitioner, citing
In re Gabriella M., 221 Conn. App. 844, 851, 303 A.3d
330, cert. denied, 348 Conn. 925, 304 A.3d 442 (2023),
contends that the respondent ‘‘lacks standing to chal-
lenge the [denial of] . . . her motion for permanent
transfer of guardianship,’’ in that ‘‘[b]ecause her [paren-
tal] rights have properly been terminated, she no longer
has an interest in the children and is not aggrieved
by the denial of the motion for permanent transfer of
guardianship.’’
The respondent counters, without specifically address-
ing or distinguishing In re Gabriella M.,11 by stating:
‘‘In this case, although [she] admitted that she was not,
judgments terminating her parental rights nor suggested that a new trial
on the termination petitions is warranted, and she does not dispute the
petitioner’s contention that she has not challenged the judgments terminat-
ing her parental rights; in fact, her attorney acknowledged at oral argument
before this court that the respondent ‘‘accept[s] the termination order[s].’’
We, therefore, deem any such claims abandoned. See, e.g., In re A. H., 226
Conn. App. 1, 32 n.24, 317 A.3d 197, cert. denied, 349 Conn. 918, 317 A.3d
784 (2024). In contrast, the respondent discussed in her appellate briefs the
standard for a court’s adjudication of a motion to transfer guardianship and
the court’s best interest finding related to the motion to transfer guardian-
ship. Accordingly, we construe the respondent’s vague statement in her
principal appellate brief that ‘‘this court should reverse the ruling of the
trial court and remand the case for further proceedings’’ as a request for a
new hearing only with respect to her motion to transfer guardianship.
11
We note that the respondent’s counsel was asked at oral argument
before this court to explain how In re Gabriella M. is distinguishable from
the present case. In his response, counsel did not sufficiently address the
jurisdictional issue of standing as discussed in In re Gabriella M. but, rather,
simply stated that this case differed because he was attacking the validity
of the hearing itself.
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In re Emilia M.

at present, able to assume care and custody of her
children, she did not consent to the termination of her
parental rights. Therefore, her interest in the familial
relationship and, more specifically, who would assume
care and custody of her children as she attempted to
rehabilitate, continued to coexist with the interests of
her children and provides her with standing to bring
this claim.’’ She further contends that a parent ‘‘can
challenge on appeal a decision on a motion for perma-
nent transfer of guardianship’’ and that she did not lose
her right to appeal simply because the court consoli-
dated and tried jointly the termination petitions with
the motion to transfer guardianship. In this regard, she
appears to suggest that her right to challenge the denial
of her motion to transfer guardianship was not depen-
dent on her raising a challenge to the termination of
her parental rights. We reject the respondent’s argu-
ments and agree with the petitioner that our resolution
of this appeal is controlled by In re Gabriella M.
‘‘[A] threshold inquiry . . . upon every appeal pre-
sented . . . is the question of appellate jurisdiction.
. . . It is well established that the subject matter juris-
diction of the Appellate Court and of [our Supreme
Court] is governed by [General Statutes] § 52-263, which
provides that an aggrieved party may appeal to the
court having jurisdiction from the final judgment of the
court.’’ (Internal quotation marks omitted.) In re Riley
B., 342 Conn. 333, 342, 269 A.3d 776 (2022). ‘‘Aggrievement,
in essence, is appellate standing. . . . It is axiomatic
that aggrievement is a basic requirement of standing,
just as standing is a fundamental requirement of juris-
diction. . . . There are two general types of aggrieve-
ment, namely, classical and statutory; either type will
establish standing, and each has its own unique fea-
tures. . . . The test for determining [classical]
aggrievement encompasses a well settled twofold deter-
mination: first, the party claiming aggrievement must
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In re Emilia M.

demonstrate a specific personal and legal interest in
the subject matter of the decision, as distinguished from
a general interest shared by the community as a whole;
second, the party claiming aggrievement must establish
that this specific personal and legal interest has been
specially and injuriously affected by the decision. . . .
Russo v. Thornton, 217 Conn. App. 553, 564, 290 A.3d
387, cert. denied, 346 Conn. 921, 291 A.3d 608 (2023).
Aggrievement is established if there is a possibility, as
distinguished from a certainty, that some legally pro-
tected interest . . . has been adversely affected. . . .
Healey v. Mantell, 216 Conn. App. 514, 524, 285 A.3d
823 (2022).’’ (Internal quotation marks omitted.) In re
Gabriella M., supra, 221 Conn. App. 848–49.
In In re Gabriella M., as in the present case, the trial
court held a consolidated trial on petitions to terminate
the respondent parents’ parental rights with respect to
their two minor children and a motion for the transfer
of permanent legal guardianship of the minor children
to their maternal grandmother, which had been filed
by the children’s mother and in which the respondent
father had joined. Id., 847. The court rendered judg-
ments terminating the parental rights of both parents
and denying the motion for transfer of permanent legal
guardianship, and the parents filed separate appeals
with this court. Id., 845 n.1, 847–48. In re Gabriella
M. concerns the father’s appeal, in which he did not
challenge the judgments terminating his parental rights
but, rather, challenged only the court’s denial of the
motion to transfer permanent legal guardianship of the
children to their maternal grandmother. Id., 848.
This court concluded that the father was ‘‘not
aggrieved by the decision of the trial court denying the
motion for permanent transfer of guardianship’’ and,
thus, dismissed the appeal. Id., 846. In reaching that
conclusion, this court stated: ‘‘Termination of parental
rights means the complete severance by court order of
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In re Emilia M.

the legal relationship, with all its rights and responsibili-
ties, between the child and the child’s parent . . . .
General Statutes § 17a-93 (5); accord General Statutes
§ 45a-707 (8). Severance of this legal relationship means
that the constitutional right to direct the child’s upbring-
ing, as well as the statutory right to visitation, no longer
exists . . . . In effect, the [biological parent] is a legal
stranger to the child with no better claim to advance
the best interests of the child than any remote stranger.
. . . In re Riley B., [supra, 342 Conn. 345].
‘‘The decision challenged by the [father] in the pres-
ent case is the court’s denial of the motion for perma-
nent transfer of guardianship to the maternal grand-
mother. Permanent guardianship is defined 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 . . . . General
Statutes § 45a-604 (8); 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). Accordingly, we must determine
whether the [father] is aggrieved by the trial court’s
denial of the motion for permanent transfer of guardian-
ship, in light of his decision not to challenge the trial
court’s termination of his parental rights.
‘‘The [father] had an interest in the outcome of the
motion for permanent transfer of guardianship when
he joined that motion at the time of the trial, prior to
the termination of his parental rights. This, however,
does not end our inquiry. Once the [father’s] parental
rights had been terminated, and in the absence of any
challenge to those final judgments, the [father] no
longer had a specific, personal and legal interest that
was specially and injuriously affected by the trial court’s
denial of the motion for permanent transfer of guardian-
ship. In other words, in the context of this appeal, the
court’s order denying the motion for permanent transfer
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In re Emilia M.

of guardianship does not interfere with any interest of
the [father], as his parental rights have been terminated.
In the absence of a successful challenge to the termina-
tion of his parental rights, the [father] is a legal stranger
to the child. . . . In re Riley B., supra, 342 Conn. 345.
Accordingly, the [father] is not aggrieved by the court’s
decision. Thus, this court lacks subject matter jurisdic-
tion over the [father’s] appeal.’’ (Footnotes omitted;
internal quotation marks omitted.) In re Gabriella M.,
supra, 221 Conn. App. 849–51.
We conclude that In re Gabriella M. is squarely on
point and controls the disposition of this appeal. Like
the respondent father in In re Gabriella M., the respon-
dent in the present case had an interest in the outcome
of her motion to transfer guardianship of the children
at the termination trial, before the termination of her
parental rights. Because her parental rights have been
terminated and she has not raised any challenge to the
judgments terminating those rights, she ‘‘no longer had
a specific, personal and legal interest that was specially
and injuriously affected by the trial court’s denial of’’
her motion to transfer guardianship. Id., 851. That is,
‘‘in the context of this appeal, the court’s [denial of]
the motion for permanent transfer of guardianship does
not interfere with any interest of the respondent . . . .’’
Id. The termination of the respondent’s parental rights
severed her legal relationship with her children, such
that she no longer has a constitutional right to direct
her children’s upbringing, and she is, in effect, a ‘‘ ‘legal
stranger’ ’’ to the children. Id., 849. Therefore, the
respondent is not aggrieved by the court’s decision
denying her motion to transfer guardianship.
Moreover, contrary to the respondent’s assertions,
she did not ‘‘lose her right to appeal’’ as a result of the
consolidation of the termination petitions and motion
to transfer guardianship for trial; instead, consistent
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with In re Gabriella M., it was incumbent on the respon-
dent also to challenge the judgments terminating her
parental rights because, in the absence of such a chal-
lenge and with her parental rights having been termi-
nated, she is a legal stranger to the child and no longer
has a specific personal and legal interest that has been
injuriously affected by the court’s decision denying her
motion to transfer guardianship.12 In light of In re Gabri-
ella M., there is no merit to the respondent’s claim that
12
In her appellate briefs and at oral argument before this court, the respon-
dent argues that she should not have to raise a frivolous claim on appeal
attacking the termination judgments to be able to seek review of the decision
denying her motion to transfer guardianship. Such a claim is unavailing in
light of this court’s decision in In re Gabriella M., supra, 221 Conn. App.
844, in which this court explained that, ‘‘in the absence of any challenge to
[the final judgments terminating his parental rights], the respondent no
longer had a specific, personal and legal interest that was specially and
injuriously affected by the trial court’s denial of the motion for permanent
transfer of guardianship’’ and that, ‘‘[i]n the absence of a successful challenge
to the termination of his parental rights, the respondent is a legal stranger
to the child.’’ (Emphasis added; internal quotation marks omitted.) Id., 851.
This court determined that subject matter jurisdiction over a challenge to
the denial of the motion to transfer permanent guardianship is dependent
on not merely a challenge to the termination judgment, but a successful
challenge to the termination judgment. This court by no means suggests
that a party should attempt to invoke this court’s jurisdiction by filing
frivolous appeals. Nor does In re Gabriella M. suggest that; rather, In re
Gabriella M. holds that, for a party to be aggrieved by the denial of a
motion to transfer permanent legal guardianship, the party necessarily must
‘‘successful[ly] challenge’’ the termination judgment. Id.
Additionally, the respondent’s assertion fails to take into consideration
the fact that the termination of her parental rights results in the complete
severance of her parental relationship with her children, which, in turn,
impacts her standing to raise claims on appeal related to the children. See
General Statutes § 52-263 (only ‘‘aggrieved’’ parties ‘‘may appeal to the court
having jurisdiction from the final judgment of the court’’); see also In re
Riley B., supra, 342 Conn. 342. Pursuant to In re Gabriella M., supra, 221
Conn. App. 850–51, for a parent whose parental rights have been terminated
to establish aggrievement to challenge on appeal the denial of a motion
to transfer permanent legal guardianship that was heard jointly with the
termination petition, the parent also must challenge the termination of the
parent’s parental rights. Our decision in In re Gabreilla M. in no way suggests
that such aggrievement can be established by way of a frivolous attack on
the termination judgment. It also bears repeating that a permanent transfer
of legal guardianship is a distinct disposition from the termination of parental
rights and is intended to occur without a termination of parental rights; in
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In re Emilia M.

she was aggrieved by the denial of her motion to transfer
guardianship despite her failure to challenge the judg-
ments terminating her parental rights.13
Relying on In re Christina M., 280 Conn. 474, 487,
908 A.2d 1073 (2006), the respondent asserts that our
Supreme Court has ‘‘held that a respondent in a termina-
tion of parental rights petition has standing to assert a
claim that her children were denied their constitutional
right to conflict free representation in the termination
proceeding.’’ She continues, stating that her ‘‘right to
raise this claim springs from the fact that the rights of
the [children] ‘coexist and are intertwined with those
of the parent.’ . . . The desire and right of a parent to
maintain a familial relationship with a child cannot be
separated from the desire and best interest of a child
other words, the two dispositions are mutually exclusive. See id., 850; see
also General Statutes § 45a-604 (8) (defining permanent guardianship as
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’’);
In re Brian P., supra, 195 Conn. App. 592 (same); footnote 17 of this opinion
(discussing reversal of termination of parental rights judgments as required
predicate to relief sought for denial of motion for transfer of guardianship).
13
We note that, if the court had not consolidated the matters for trial or
had ruled on the motion to transfer guardianship prior to terminating the
respondent’s parental rights, the respondent very well may have been able
to challenge that ruling on appeal. As In re Gabriella M., supra, 221 Conn.
App. 851, instructs, however, in circumstances similar to those in the present
case, the termination of a respondent parent’s parental rights forecloses
any such challenge when a respondent parent does not also challenge the
judgments terminating her parental rights. This is so because a parent whose
parental rights have been terminated is, in effect, a legal stranger to the
child in the absence of a successful challenge to the termination of parental
rights and, thus, is not aggrieved by a court’s simultaneous ruling denying
a motion for the permanent transfer of guardianship. ‘‘The right of appeal
is purely statutory . . . . The statutory right to appeal is limited to appeals
by aggrieved parties from final judgments.’’ (Emphasis added; internal quota-
tion marks omitted.) In re Amani O., 221 Conn. App. 59, 71, 301 A.3d 565
(2023). Moreover, as we have stated in this opinion, In re Gabriella M.,
controls our disposition of this appeal. We are bound by our own precedent.
See, e.g., Jefferson Solar, LLC v. FuelCell Energy, Inc., 224 Conn. App. 710,
728, 315 A.3d 302 (2024) (‘‘ ‘[T]his court’s policy dictates that one panel
should not, on its own, reverse the ruling of a previous panel. The reversal
may be accomplished only if the appeal is heard en banc.’ ’’).
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In re Emilia M.

either to maintain or to abandon that relationship or
the interest of the state in safeguarding the welfare of
children.’’ (Citations omitted.) According to the respon-
dent, because the children ‘‘sought different outcomes
at the trial,14 either with regard to termination or to the
[respondent’s] motion to transfer guardianship . . .
the attorney for the minor children labored under a
concurrent conflict of interest’’; (footnote added);
which ‘‘necessarily [would have] impacted the trial
court’s decision as to the [respondent’s] motion to trans-
fer guardianship.’’
We conclude that the respondent’s reliance on In re
Christina M., supra, 280 Conn. 481, is misplaced. In
that case, our Supreme Court addressed ‘‘the issue of
a parent’s standing to raise concerns about his or her
child’s representation’’; id.; and concluded that the
respondent parents had ‘‘standing to assert a claim that
their children were denied their constitutional right to
conflict free representation in the termination proceed-
ing because the children were denied the appointment
of an attorney to advocate for their express wishes
during the termination proceeding.’’15 (Emphasis added.)
Id., 476. The court, however, did not reach the substan-
tive issues inherent in such a claim due to an inadequate
14
The record shows that Ariella wanted to return to the care and custody
of her maternal grandmother, whereas Emilia has developed significant
emotional ties to her foster family.
15
In reaching that conclusion, the court stated: ‘‘[T]he respondents have
a direct, personal stake in the outcome of the termination proceeding. . . .
Inadequate representation of the children . . . could harm the respondents
because those roles help shape the court’s view of the best interests of the
children, which serves as the basis upon which termination of parental
rights is determined.’’ (Citation omitted; footnote omitted.) In re Christina
M., supra, 280 Conn. 485–86. In the present case, as we have noted, the
respondent has not challenged the outcome of the termination proceeding.
See footnote 10 of this opinion. Moreover, even if we were to apply the
reasoning of In re Christina M. to the respondent’s motion to transfer
guardianship in the present case, our conclusion that the respondent was
not aggrieved by the denial of her motion to transfer guardianship is disposi-
tive of this appeal.
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record. See id. Significantly, In re Christina M. did not
involve a motion for the permanent transfer of guardian-
ship, and the respondent parents in that case challenged
the judgments terminating their parental rights on
appeal, whereas, in the present case, no such challenge
has been made by the respondent. See id., 478. In re
Christina M., therefore, is distinguishable from the
present case,16 which is more analogous to In re Gabri-
ella M., supra, 221 Conn. App. 844.
Our Supreme Court, in discussing the effect that a
termination of parental rights has on the rights of a
former parent, has stated: ‘‘Termination of parental
rights means the complete severance by court order of
the legal relationship, with all its rights and responsibili-
ties, between the child and the child’s parent . . . .
General Statutes § 17a-93 (5); accord General Statutes
16
As we noted previously in footnote 11 of this opinion, the respondent’s
counsel, at oral argument before this court and in the respondent’s appellate
briefs, has asserted a claim that the underlying proceeding was fundamen-
tally flawed as a result of the alleged conflict of interest, which thereby
caused the adversarial system to break down. Even if this court were to
conclude that, in light of this claim, the present case is more analogous to
In re Christina M. and, thus, that the respondent has standing to raise the
claim, any such claim, nevertheless, would be moot, as there is no practical
relief that this court could afford the respondent in light of her failure to
challenge the judgments terminating her parental rights. ‘‘[A]ggrievement
and mootness implicate the court’s subject matter jurisdiction. . . .
Aggrievement, which implicates a party’s standing, and mootness are related
concepts. Both doctrines are founded on the same policy interests . . .
namely, to assure the vigorous presentation of arguments concerning the
matter at issue.’’ (Citations omitted; internal quotation marks omitted.) In
re Allison G., 276 Conn. 146, 155–56, 883 A.2d 1226 (2005). An appeal is
moot when ‘‘an appellate court [is precluded] from granting any practical
relief through its disposition of the merits . . . .’’ (Internal quotation marks
omitted.) Id., 165. In the present case, if we were to reverse the court’s
denial of the motion to transfer guardianship, the judgments terminating
the respondent’s parental rights would remain ‘‘final and unchallenged’’;
State v. T.D., 286 Conn. 353, 365, 944 A.2d 288 (2008); thus, a new proceeding
on the motion to transfer guardianship would be futile. See General Statutes
§ 45a-604 (8) (defining permanent guardianship as 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’’). Accordingly, the
claim would be moot.
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In re Emilia M.

§ 45a-707 (8). Severance of this legal relationship means
that the constitutional right to direct the child’s upbring-
ing, as well as the statutory right to visitation, no longer
exists . . . . In re Ava W., [336 Conn. 545, 560, 248
A.3d 675 (2020)].’’ (Internal quotation marks omitted.)
In re Riley B., supra, 342 Conn. 345.
‘‘In effect, the [biological parent] is a legal stranger
to the child with no better claim to advance the best
interests of the child than any remote stranger. . . .
Once judgment terminating parental rights is rendered,
the court is authorized to issue posttermination orders
only to protect the child’s interests, not the biological
parents’ interests.’’ (Citations omitted; internal quota-
tion marks omitted.) Id. The court explained further
that, ‘‘when termination of parental rights is deemed
the proper disposition, there is clear and convincing
evidence that the biological parent is unable and/or
unwilling to put her child’s best interests ahead of her
own and that there is no reasonable prospect that this
fact will change in the near term. In this context, the
biological parent is in no position to claim the right to
represent the child’s best interests.’’ Id., 352. In the
present case, given the severance of the legal relation-
ship between the respondent and the children by way
of the court’s termination of the respondent’s parental
rights, which the respondent has not challenged, the
respondent is attempting to assert rights that she no
longer possesses.17 See In re Gabriella M., supra, 221
Conn. App. 851.
Accordingly, because the respondent is not aggrieved
by the trial court’s decision denying her motion to trans-
17
We also note that ‘‘permanent guardianship is intended to occur without
the termination of parental rights.’’ (Internal quotation marks omitted.) In
re Gabriella M., supra, 221 Conn. App. 850. Thus, as this court pointed out
in In re Gabriella M., the relief that the respondent seeks concerning a new
trial as to her motion to transfer guardianship would ‘‘necessitate reversal
of the judgments terminating [her] parental rights, which [she] has not
challenged on appeal.’’ Id., 851 n.7.
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In re Emilia M.

fer guardianship, this court lacks subject matter juris-
diction over the respondent’s appeal.18
The appeal is dismissed.
In this opinion the other judges concurred.

18
In light of our dismissal of this appeal, we do not reach the substantive
issues inherent in the respondent’s claims concerning the children’s right
to have conflict free representation.

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