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IN RE T.S.D.

No. 03-816.

107 P.3d 481 (2005)

2005 MT 35

326 Mont. 82

In the MATTER OF T.S.D., Respondent.

Supreme Court of Montana.

Decided February 22, 2005.

Attorney(s) appearing for the Case

For Appellant: Paulette Kohman (argued), Special Assistant Attorney General DPHHS Office of Legal Affairs, Helena, Montana, Mike Clague, Deputy County Attorney, Butte-Silver Bow County Attorney's Office, Butte, Montana.

For Respondent: Andree Larose (argued), Attorney at Law, Montana Advocacy Program, Helena, Montana.

Chief Justice KARLA M. GRAY delivered the Opinion of the Court.

¶ 1 The Montana Department of Public Health and Human Services (Department) appeals from two orders of the Second Judicial District Court, Silver Bow County, determining that T.S.D. is not seriously developmentally disabled, concluding that § 53-20-132, MCA, is unconstitutional and ordering the Department to provide T.S.D. with appropriate individualized community-based developmental disability...

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