Matter of B.F., YINC ( 2020 )

05/26/2020 IN THE SUPREME COURT OF THE STATE OF MONTANA DA 19-0669 RILED MAY 2 6 2020 Bowen Greenwood Clerk of Suprerne IN THE MATTER OF: Courl Rtatp of Montana B.F. and A.F. ORDER Youths in Need of Care. On May 12, 2020, the guardian ad litem, Katie Ranta, filed a document entitled "Guardian Ad Litem's Request for Judicial Notice" in which she seeks this Court take judicial notice ofher Fifth Report to the Court which she filed in the District Court on April 29, 2020, over five months after the Notice of Appeal was filed with this Court and after Appellant's Opening Brief was filed. Appellant D.F., Father of the above-named Youth, objects to this Court taking judicial notice ofthe report as the report is not part ofthe record on appeal. M.R. App. P. 8(1) identifies the composition ofthe record on appeal: "the original papers and exhibits filed in the district court, the transcript of proceedings, if any, and a certified copy ofthe docket entries prepared by the clerk ofthe district court shall constitute the record on appeal in all cases." Here,Father appeals from the termination ofhis parental rights issued by the District Court on October 28, 2019. Clearly, the report of which the guardian ad litem now seeks we take judicial notice was not considered by the District Court as it was prepared several months after the District Court issued its termination order. The report is not part of the record on appeal and seeking judicial notice be taken of this report is completely inappropriate. It was not before the District Court prior to termination ofFather's parental rights and is not relevant in regard to determining the issue on appeal— whether the District Court properly terminated Father's parental rights. Accordingly, IT IS HEREBY ORDERED the Guardian Ad Litem's Request for Judicial Notice is DENIED. This filing shall be REMOVED from the record and RETURNED to Ranta. The Clerk of this Court shall provide a copy of this Order to Ranta personally and to all parties of record. DATED this tt• day of May,2020. ces 2