C.B. v. 2nd Judicial District ( 2022 )

12/20/2022 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: OP 22-0718 OP 22-0718 C.B. and G.S., Parents of A.B. DEC 2 0 2922 Bowen Cireenwooci Clerk of supreme Court Petitioners, State of Montana v. ORDER MONTANA SECOND JUDICIAL DISTRICT COURT, SILVER BOW COUNTY, HON. ROBERT WHELAN, Presiding, Respondent. Petitioners C.B. and G.S., Parents of A.B. (Parents), seek a writ of supervisory control to vacate the November 28, 2022 Order Extending Temporary Legal Custody Until Hearing of the Second Judicial District Court, Silver Bow County, in its Cause No. DN-20-68. In that Order, the District Court granted a motion filed by the attorney and guardian ad litem of A.B., the youth in need of care who is the subject of the dependent-neglect action. Parents assert that the District Court erred in extending temporary legal custody on motion of the attorney and guardian ad litem because the Department of Health and Human Services is the only entity that is authorized by statute to file such motions. Parents further ask that this matter be stayed in the District Court while we consider their petition. Having reviewed the Petition and the challenged Order, this Court deems it appropriate to obtain a summary response. Therefore, in accordance with M. R. App. P. 14(7), IT IS ORDERED that the Second Judicial District Court, the State of Montana, and attorney and guardian ad litem Mary Kay Starin are each granted 20 days from the date of this Order, to prepare, file, and serve a response to the petition for writ of supervisory control. IT IS FURTHER ORDERED that the proceedings in the underlying case are STAYED pending this Court's decision on the Petition. The Clerk is directed to provide immediate notice of this Order to counsel for Petitioner, all counsel of record in the Second Judicial District Court, Silver Bow County, Cause No. DN-20-68, and the Honorable Robert Whelan, presiding. DATED this Z.ZNy of December, 2022. Justices