Idaho Department of Health & Welfare v. Hays

EISMANN, Justice.

The Guardian Ad Litem and foster parents appeal the order of the district court reversing an order entered by the magistrate in which the magistrate held that she had authority to choose the adoptive parents for two children who were wards of the Department of Health and Welfare. We affirm the order of the district court.

I. FACTS AND PROCEDURAL BACKGROUND

On July 20, 1997, at about 12:30 a.m., sheriffs deputies removed five-year-old R.D. and four-year-old N.D. from their parents, whom they arrested for domestic battery. The two children had been living with their parents at a…