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IN RE B.N.Y.

No. 05-301.

130 P.3d 594 (2006)

2006 MT 34

331 Mont. 145

In the Matter of B.N.Y., A Youth In Need Of Care.

Supreme Court of Montana.

Decided February 22, 2006.

Attorney(s) appearing for the Case

For Appellant: Patrick T. Gallagher, Skakles & Gallagher, Anaconda, Montana.

For Respondent: Mike McGrath, Attorney General; Jon Ellingson, Assistant Attorney General, Helena, Montana, Ross P. Richardson, Henningsen, Vucurovich & Richardson, Butte, Montana, Mary Kay Starin, Butte, Montana (Guardian ad Litem).

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 R.W., mother of B.N.Y., appeals from the order of the Second Judicial District Court granting the Department of Public Health and Human Services (Department) a planned permanent living arrangement and permanent care, control, and custody of B.N.Y., R.W.'s fifteen-year-old daughter. R.W. argues res judicata and collateral estoppel preclude this action against her parental rights, and further, that procedural...

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