Boddie v. Daniels, 288 Ga. 143

Summary

The Supreme Court of Georgia held that the best-interest standard in OCGA § 29-2-8(b) must be narrowly construed to protect a biological parent's constitutional right to raise a child. Before continuing a temporary guardianship over the parent's objection, the third party must prove by clear and convincing evidence that returning custody to the parent would cause physical or significant, long-term emotional harm, and must then show that continuation of the guardianship would best promote the child's welfare. The court reversed and remanded because the juvenile court applied a preponderance standard and made no required finding of harm.

Holdings

1. The best-interest standard in OCGA § 29-2-8(b) is constitutional only when narrowly construed in accordance with the safeguards applicable to custody disputes between a biological parent and a third party.
2. Before a temporary guardianship may be continued over a biological parent's request for termination, the third-party guardian must prove by clear and convincing evidence that the child will suffer physical or significant, long-term emotional harm if custody is returned to the biological parent; after that showing, the guardian must prove that continuation of the guardianship will best promote the child's welfare and happiness.
3. The juvenile court erred by denying termination of the temporary guardianship without finding by clear and convincing evidence that termination would harm the child.

Questions Presented

1. Whether OCGA § 29-2-8(b)'s best-interest standard for deciding whether to terminate a temporary guardianship must be narrowly construed to protect a biological parent's constitutional right to raise her child.
2. What evidentiary showing a third-party temporary guardian must make before a temporary guardianship may be continued over a biological parent's request for termination.
3. Whether the juvenile court erred by continuing the temporary guardianship without finding by clear and convincing evidence that returning custody to the biological parent would harm the child.

Disposition

reversed_and_remanded