In re Zakai F.

Summary

The court held that a parent seeking reinstatement of guardianship after resolving the conditions that led to removal is entitled to a rebuttable presumption that reinstatement serves the child's best interests. A nonparent opposing reinstatement must rebut that presumption by clear and convincing evidence because the parent's and child's interests in family integrity, the risk of erroneous deprivation, and the state's interests collectively require heightened procedural protection. The judgment was reversed because the trial court applied a preponderance standard and it was unclear whether the court applied the required presumption.