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IDAHO DEPT. OF HEALTH AND WELFARE v. HAYS

No. 27151.

46 P.3d 529 (2002)

137 Idaho 233

In the Matter of Jane Doe and John Doe, Children Under the Age of Eighteen Years. IDAHO DEPARTMENT OF HEALTH & WELFARE, Petitioner-Respondent, v. Robert W. HAYS, in his official capacity as Guardian Ad Litem of Jane Doe and John Doe, Respondent-Appellant, and Debra Loya and Carl Loya, Intervenors-Appellants.

Supreme Court of Idaho, Boise, February 2002 Term.

May 3, 2002.

Attorney(s) appearing for the Case

Givens Pursley, LLC, Boise, for appellant Robert W. Hays. Thomas E. Dvorak argued.

Law Offices of Jim C. Harris, P.L.L.C., Boise, for intervenors-appellants Carl and Debra Loya. Jim C. Harris appeared but did not argue.

Alan G. Lance, Attorney General; Mary Jo Beig, Deputy Attorney General, Boise, for respondent. Mary Jo Beig argued.

EISMANN, Justice.

The Guardian Ad Litem and foster parents appeal the order of the district court reversing an order entered by the magistrate in which the magistrate held that she had authority to choose the adoptive parents for two children who were wards of the Department of Health and Welfare. We affirm the order of the district court.

I. FACTS AND PROCEDURAL BACKGROUND

On July 20, 1997, at about 12:30...

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