In re K.F. CA5

INTRODUCTION

Mother Krystal M. lost custody of her four children. Her grandmother is the legal guardian of those children. Mother filed a petition asking the juvenile court to terminate guardianship based upon changed circumstances. The juvenile court denied mother’s petition; it found changed circumstances, but concluded mother had not met her additional burden of showing termination of the guardianship would be in the children’s best interest. On appeal, mother argues the juvenile court abused its discretion because it “appears to have engaged in household best interest comparison” without fully addressing the best interests of the children. She argues that such a test provides an incomplete picture of “best interests.” Had the court considered the proper factors, it would have concluded termination of guardianship was in the children’s best interests. We disagree and hold the trial court’s denial of mother’s petition was not an abuse of discretion.

BRIEF FACTUAL AND PROCEDURAL BACKGROUND1

A juvenile dependency petition concerning mother’s oldest three children was filed in March 2006 following a domestic dispute between mother and the children’s father. The petition alleged…