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The California Supreme Court issued its ruling and decision In re: CHARLOTTE D., a Minor. (S142028) on March 19, 2009
(Please read Guardianship of Ann S.)
This case, like Guardianship of Ann S. concerns the constitutionality of California Probate Code section 1516.5. Under this law, parental rights may be terminated based on the child's best interest after two years of probate guardianship, when a guardian seeks to adopt the child.
The California Supreme Court held that Probate Code Section 1516.5 does not violate due process on its face by adopting the best interest of the child as the standard for terminating parental rights.
The California Supreme Court held that the father had expressly waived his rights when his child was placed in guardianship. Furthermore, the California Supreme Court held that Probate Code section 1516.5 applies to him no differently than to any other parent, so the equal protection considerations were entirely absent.
Link to Supreme Court Decision
Fishel and Fishel is a Law Firm located in Martinez, California. James Fishel represents guardians seeking to terminate parental rights based on the best interest of the child where the child has been in guardianship for at least 2 years.
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