In the Matter of the Guardianship of S.h., a Minor Tamera Grace Troesken, Appellant v. Larry Herrington and Donna…

Summary

The court held that a fit natural parent who previously consented to a guardianship satisfies the initial burden to seek termination by revoking consent and informing the court that the conditions necessitating the guardianship no longer exist. The guardians then bear the burden of rebutting, by clear and convincing evidence, the presumption that termination is in the child's best interest, and the circuit court may not apply a material-change-of-circumstances standard. Because the guardians failed to meet that burden, the court reversed and remanded with instructions to terminate the guardianship and return the child to her mother. Justice Baker concurred on a different analysis, and Justice Danielson dissented, arguing that the circuit court's findings were not clearly erroneous and that further proceedings were required.