In the Matter of the Guardianship of S.h., a Minor. Tamera Troesky — Goodson, J., Concurring in Part and Dissenting…

Summary

The opinion agrees that the guardianship-termination statute was unconstitutional as applied because it infringed Tamera's fundamental liberty interest in the care, custody, and control of her child. It disagrees with requiring Tamera to show that the guardianship was no longer necessary, arguing that the guardians should bear the entire burden of proving both that the guardianship remains necessary and that overriding Tamera's presumptively valid decision is justified. It also criticizes the majority for failing to specify whether Tamera bears a burden of production or persuasion.