Guardians Must Prove Parental Unfitness in Guardianship Termination Proceedings

Vol 31 No 2

In a proceeding to end a guardianship of children with paternal grandparents and reunify children with their biological father, the grandparents had the burden to show by clear and convincing evidence that the father was unfit. Although the guardianship was ordered under the juvenile court’s jurisdiction, due process still required a showing of unfitness before terminating the parent’s rights.