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IN RE J.A.S.

No. DA 07-0717.

190 P.3d 299 (2008)

2008 MT 269

In the Matter of J.A.S. and E.R.S., Youths in Need of Care.

Supreme Court of Montana.

Decided August 4, 2008.

Attorney(s) appearing for the Case

For Appellant: Jim Wheelis, Chief Appellate Defender; Roberta R. Zenker, Assistant Appellate Defender, Helena, Montana.

For Appellee: Hon. Mike McGrath, Attorney General; Tammy K. Plubell, Assistant Attorney General, Helena, Montana, Ed Corrigan, Flathead County Attorney; Katie F. Shulz, Deputy County Attorney, Kalispell, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 The father (E.S.) of the youths, J.A.S. and E.R.S., appeals from an order of the Eleventh Judicial District Court, Flathead County, granting the motion of the Department of Public Health and Human Services (DPHHS) to dismiss this proceeding and to place the children with their mother, (A.S.).

¶ 2 The issues raised in this appeal are: (a) whether the District Court violated E.S.'s due process...

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