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MATTER OF F.H.

No. 93-472.

878 P.2d 890 (1994)

In the Matter of F.H., J.K., and B.K., Youths in Need of Care.

Supreme Court of Montana.

Decided July 12, 1994.

Attorney(s) appearing for the Case

Paul E. Toennis, Oliver, Graves & Toennis, Billings, for appellants.

Joseph P. Mazurek, Atty. Gen., Helena, for respondent.

Curtis Bevolden, Billings, for Department of Family Services.

Damon Gannett, Gannett & Ventrell, Billings, for Guardian Ad Litem.

HARRISON, Justice.

S.T., the natural mother of B.K. and F.H., appeals an order of the Thirteenth Judicial District Court, Carbon County, which granted the Department of Family Services (DFS) temporary custody of B.K. and F.H. until age eighteen. We affirm.

Two issues are presented:

I. Did the District Court err by failing to dismiss the youth court action after DFS admitted that it failed to follow the statutory procedure of § 41-3-301, MCA (1991...

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