In re J.B.
Annotate this CaseM.H. was the biological mother of J.B., now age ten. N.L., M.H.’s longtime boyfriend, acted as a father and raised J.B. from from eight months old, at seven years old, J.B. was removed from his home by the Department of Public Health and Human Services (DPHHS). M.H. and N.L.’s two biological children were removed at the same time. Prior to DPHHS’s involvement with the family, N.L. and M.H.’s relationship ended. After J.B.’s half-siblings were returned to N.L.’s care, M.H. moved the district court to dismiss N.L. as a party to J.B.’s case. The district court ordered N.L. dismissed as a party, concluding that N.L. was not entitled to continued notice or the right to appear in any subsequent proceedings relating to J.B. because N.L. did not satisfy the definition of an “interested person.” The Supreme Court affirmed in part, reversed in part, and remanded, holding (1) the district court did not err in dismissing N.L. as a party to J.B.’s proceeding, but (2) under Mont. Code Ann. 41-3-422(9)(a), N.L. is a person interested in J.B.’s cause and has a right to appear at hearings pertaining to J.B. Remanded.
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