Guardianship of L.V

In Guardianship of L.V. (2006) 136 Cal.App.4th 481, the parents were seeking to end the guardianship under Probate Code section 1601. The parents argued that because they were now able to care for their children "it was their constitutional right to have the guardianship terminated and the minor returned to their custody." (Guardianship of L.V., at pp. 486-487.) In rejecting this argument, the appellate court explained that their ability to care for the child now was not the statutory standard. Rather, it was the best interest of the child that governed whether the trial court should terminate a guardianship and return the child to the parents' care. (Id. at p. 489.) The court explained that under Family Code section 3041, " ' "detrimental to the child" includes the harm of removal from a stable placement of a child with a person who has assumed, on a day-to-day basis, the role of his or her parent, fulfilling both the child's physical needs and the child's psychological needs for care and affection, and who has assumed that role for a substantial period of time. A finding of detriment does not require any finding of unfitness of the parents.' " (Guardianship of L.V., at p. 491.) The court in Guardianship of L.V., supra, 136 Cal.App.4th 481, did not address termination of parental rights under Probate Code section 1516.5. Rather, the court simply rejected the parents' argument that the standard of the child's best interest was unconstitutional as applied to them because they were now able to care for the child.