In the Matter of the Guardianship of S.h., a Minor. Tamera Troeskyn v. Larry Herrington and Donna Herrington

Summary

The court held that applying the guardianship-termination statute to a natural parent who had consented to a guardianship, had not been found unfit, and was required to prove that termination served the child's best interest violated substantive due process. It also held that the circuit court abused its discretion by ordering a psychological examination without finding that the parent's mental condition was in controversy and that good cause existed. The court affirmed the evidentiary ruling concerning the social worker's report, while declining to review the challenge to the psychological report because the objection was not timely preserved. Justice Goodson, concurring in part and dissenting in part, agreed that the statute was unconstitutional but would place the entire burden on the guardians to prove that the guardianship remained necessary and that no parental burden should apply.