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Christopher D. v. State2/11/2004
eal, the option must be presented to the court below, through a complete presentation of a guardianship plan with evidence establishing that a guardianship would be in the best interest of the child. Because the question whether a guardianship would be in the children's best interests was not raised or explored in the trial court, this issue has been waived.
Moreover, the statute dealing with guardianship, AS 47.10.110, permits the trial court to appoint a guardian when "it appears to the court that the welfare of a minor will be promoted by the appointment of a guardian." In C.W. v. State, we acknowledged that AS 47.10.110 permits the trial court to consider guardianship at termination proceedings if it is in the best interest of the child. However, C.W. makes clear that the termination of parental rights statute, AS 47.10.088, does not require that the trial court consider guardianship in termination proceedings except to the extent that it is in the child's best interest.
The superior court's determination that termination was in the best interests of Matthew and David is amply supported by the record. The superior court found that: DFYS has been involved with this family for almost seven years; each of the boys is severely emotionally disabled; Christopher's battle with alcohol is ongoing and cyclical resulting in an ongoing need for substance abuse treatment; the boys need a stable home environment; and Christopher's alcoholism prevents him from being a responsible parent to David and Matthew.
IV. CONCLUSION
Because Christopher did not raise the issue of guardianship in the proceedings below, and because termination of Christopher's parental rights was in the children's best interests, the trial court's order terminating parental rights is AFFIRMED.
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