In re Interest of Denzel D.

Summary

The court affirmed the reversal of the termination of Denzel Sr.’s parental rights because the State and guardian ad litem failed to prove by clear and convincing evidence that termination was in Denzel Jr.’s best interests. Although the statutory ground based on the child’s time in out-of-home placement was established, incarceration, without sufficient evidence of parental unfitness or forfeiture, did not overcome the presumption favoring preservation of the parent-child relationship. The court modified the Court of Appeals’ decision because a guardianship with the proposed guardian was not presently available under the statutory placement requirements.