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IN RE R.E.A.

No. 04-058.

127 P.3d 517 (2006)

2006 MT 12

330 Mont. 392

In the Matter of R.E.A., Respondent.

Supreme Court of Montana.

Decided January 17, 2006.

Attorney(s) appearing for the Case

For Appellant: Paulette Kohman (argued), Special Assistant Attorney General, Department of Public Health and Human Services, Helena, Montana, Honorable Mike McGrath, Attorney General, Helena, Montana, Brant S. Light, County Attorney; Marvin Anderson, Deputy County Attorney, Great Falls, Montana.

For Respondent: Andrée Larose (argued) and Anita Roessman, Staff Attorneys, Montana, Advocacy Program, Helena, Montana, Alexandra L. Volkerts, Staff Attorney, Montana Advocacy Program, Missoula, Montana.

For Amicus Curiae: James P. Reynolds, Helena, Montana (People First of Montana et al.).

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 The Department of Public Health and Human Services (DPHHS) appeals the findings of fact, conclusions of law, and order entered in the Eighth Judicial District Court, Cascade County, requiring DPHHS to provide community-based services to R.E.A. and holding § 53-20-132, MCA, unconstitutional. We dismiss the appeal as moot.

¶ 2 The following issues are raised on appeal:

¶ 3 Did...

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