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 for 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 court concluded that the guardians failed to meet that burden. The court therefore reversed and remanded with instructions to terminate the guardianship and return the child to her mother. Justice Danielson, dissenting, would have affirmed and would have required remand rather than appellate entry of a custody order; Justice Baker, concurring, agreed with reversal but relied on a different analysis.