State ex rel. H.W.

Iil disagree with the result reached by the majority in this matter. Specifically, I disagree with the conclusions that:(1) a motion to modify guardianship has never been filed in this case;(2) there was no statute providing for a modification of guardianship prior to the enactment of La. Ch.C. art. 724;(3) La. Ch.C. art. 724(B) created an entirely new right to modify a guardianship; and(4) La. Ch.C. art. 724(A), which is procedural in nature, cannot be applied retroactively because it is not severable from the remaining subsections of that article.

The motion filed by the State was labeled as…