In re D.M.F.
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The Supreme Court reversed the judgment of the district court sua sponte deciding to remove a protected minor's guardian and terminate the minor's guardianship based upon an ex parte communication, holding that the proceedings and resulting order did not comport with due process.
Specifically, the Supreme Court held that the district court (1) has authority to sua sponte remove a guardian and terminate a guardianship even in the absence of a petition seeking removal and termination; (2) violated Defendant's right to due process by failing to give proper notice that it was contemplating removal and termination; (3) abused its discretion by failing to apply the applicable statutes and factors for removal and termination; and (4) made unsupported and clearly erroneous factual determinations in reaching its decision.
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