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IN THE COURT OF APPEALS OF IOWA No. 9-867 / 09-0670 Filed December 30, 2009 IN THE MATTER OF THE GUARDIANSHIP OF KYLIE JEANNE ROACH, CHRIS BLACKBURN and SUE ANN BLACKBURN, Guardians-Appellants. ________________________________________________________________

Appeal from the Iowa District Court for Greene County, Gary McMinimee, Judge.

The guardians appeal the order terminating the guardianship of K.R., asserting the district court applied the wrong burden of proof. REVERSED.

Vicki Copeland, Jefferson, for appellants. Brooke Blackburn, Adel, appellee pro se.

Considered by Vogel, P.J., and Doyle and Mansfield, JJ.

2 VOGEL, P.J. The guardians appeal the order terminating the guardianship of K.R., asserting the district court applied the wrong burden of proof. We reverse. I. Background Facts and Proceedings. K.R., born in May 2002, is the daughter of Brooke Blackburn and Nick Roach. The couple never married and K.R. has been in the care of Brooke 's father, Chris Blackburn and his wife, Sue Ann Blackburn, essentially since her birth, but exclusively since December 2003. On September 20, 2004, with the consent of both Brooke and Nick, the district court appointed Chris and Sue Ann as guardians of K.R. On August 25, 2006, Brooke petitioned the court to terminate the guardianship. Trial was held on the issue on May 9, 2007, after which the court issued a detailed ruling, finding the guardianship should not be terminated. On March 24, 2008, Brooke again sought to terminate the guardianship.1 Hearing on her application was held on January 22, 2009, and on April 1, 2009, the district court ruled the guardianship should terminate effective May 15, 2009. On the guardians' motion to enlarge and amend, the court delayed termination until June 13, 2009. It is from these orders the guardians now appeal, asserting the district court applied the wrong burden of proof.

1

Iowa Code section 633.680 provides: If any petition for terminating such guardianship or conservatorship shall be denied, no other petition shall be filed therefor until at least six months shall have elapsed since the denial of the former one.

3 II. Scope of Review. We review this guardianship proceeding de novo. Iowa R. App. P. 6.907 (2009); Iowa Code

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