In the Matter of the Protective Proceedings of Tammy J.Annotate this Case
The parents of a developmentally disabled adult woman appealed a superior court's decision to appoint a public guardian, rather than the parents, as the woman's legal guardian. The superior court found that the parents failed to take advantage of resources available for the daughter's development and did not support the daughter's contact with extended family. On appeal, the parents argued that they should have been appointed as guardians and that the appointment of a public guardian, in the absence of clear and convincing evidence that the parents were unfit to serve as guardians, violated their constitutional right to parent their child. Because the superior court did not abuse its discretion in appointing the public guardian, and because the superior court's action did not violate the parents' substantive due process rights under the 14th Amendment, the Supreme Court affirmed the decision of the superior court in all respects.